As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 153 5
1997-1998 6
SENATORS SUHADOLNIK-GAETH-WHITE-SWEENEY-DIX-NEIN-WATTS-GARDNER- 8
MUMPER-OELSLAGER-REPRESENTATIVES LOGAN-YOUNG-HOUSEHOLDER- 9
KRUPINSKI-WACHTMANN-BUCHY-WILLAMOWSKI-JAMES-LUCAS-JOHNSON 10
12
A B I L L
To amend sections 3313.671, 3701.13, and 3734.01 of 14
the Revised Code to require, with certain 15
exceptions, that students who begin kindergarten 16
during or after the school year beginning in 1999 17
be immunized against Hepatitis B and to clarify 18
the definition of "infectious wastes" in the 20
Solid, Infectious, and Hazardous Waste Law 21
through the inclusion of references to zoonotic 22
diseases. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 3313.671, 3701.13, and 3734.01 of 27
the Revised Code be amended to read as follows: 29
Sec. 3313.671. (A) Except as otherwise provided in this 38
division, no pupil, at the time of his initial entry or at the 39
beginning of each school year, to an elementary or high school 40
for which the state board of education prescribes minimum 41
standards pursuant to division (D) of section 3301.07 of the 42
Revised Code, shall be permitted to remain in school for more 43
than fourteen days unless he THE PUPIL presents written evidence 44
satisfactory to the person in charge of admission, that he THE 45
PUPIL has been immunized by a method of immunization approved by 46
the department of health pursuant to section 3701.13 of the 47
Revised Code against mumps, poliomyelitis, diphtheria, pertussis, 48
tetanus, rubeola, and rubella or is in the process of being so 50
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immunized. ALSO, EXCEPT AS PROVIDED IN THIS DIVISION, NO PUPIL 52
WHO BEGINS KINDERGARTEN AT AN ELEMENTARY SCHOOL SUBJECT TO THE 53
STATE BOARD OF EDUCATION'S MINIMUM STANDARDS DURING OR AFTER THE 54
SCHOOL YEAR BEGINNING IN 1999 SHALL BE PERMITTED TO REMAIN IN 55
SCHOOL FOR MORE THAN FOURTEEN DAYS UNLESS THE PUPIL PRESENTS 56
WRITTEN EVIDENCE SATISFACTORY TO THE PERSON IN CHARGE OF 57
ADMISSION THAT THE PUPIL HAS BEEN IMMUNIZED BY A DEPARTMENT OF 58
HEALTH-APPROVED METHOD OF IMMUNIZATION AGAINST HEPATITIS B OR IS 59
IN THE PROCESS OF BEING SO IMMUNIZED. "In the process of being 62
so immunized" means the pupil has been immunized against mumps, 63
rubeola and rubella, and if he THE PUPIL has not been immunized 64
against poliomyelitis and, diphtheria, pertussis, and tetanus, he 66
AND HEPATITIS B, THE PUPIL has received at least the first dose 69
of the immunization sequence, and presents written evidence to 70
the pupil's building principal of each subsequent dose required 71
to obtain immunization at the intervals prescribed by the 72
director of health. Any student previously admitted under the 73
"in process of being so immunized" provision and who has not
complied with the immunization intervals prescribed by the 74
director of health shall be excluded from school on the fifteenth 75
day of the following school year. Any student so excluded shall 76
be readmitted upon showing evidence to the student's building 77
principal of progress on the director of health's interval 78
schedule. 79
(1) A pupil who has had natural rubeola, and presents a 81
signed statement from his THE PUPIL'S parent or physician to that 83
effect, is not required to be immunized against rubeola. 84
(2) A pupil who has had natural mumps, and presents a 86
signed statement from his THE PUPIL'S parent or physician to that 88
effect, is not required to be immunized against mumps. 89
(3) A pupil who presents a written statement of his THE 91
PUPIL'S parent or guardian in which the parent or guardian 92
objects to the immunization for good cause, including religious 93
convictions, is not required to be immunized. 94
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(4) A child whose physician certifies in writing that such 96
immunization against any disease is medically contraindicated is 97
not required to be immunized against that disease. This section 98
does not limit or impair the right of a board of education of a 99
city, exempted village, or local school district to make and 100
enforce rules to secure immunization against mumps, 101
poliomyelitis, rubeola, rubella, diphtheria, pertussis, and 102
tetanus, AND HEPATITIS B of the pupils under its jurisdiction. 104
(B) Boards of health, legislative authorities of municipal 106
corporations, and boards of township trustees on application of 107
the board of education of the district or proper authority of any 108
school affected by this section, shall provide at the public 109
expense, without delay, the means of immunization against mumps, 110
poliomyelitis, rubeola, rubella, diphtheria, pertussis, and 111
tetanus, AND HEPATITIS B to pupils who are not so provided by 113
their parents or guardians. 114
Sec. 3701.13. The department of health shall have 123
supervision of all matters relating to the preservation of the 124
life and health of the people and have supreme authority in 125
matters of quarantine, which it may declare and enforce, when 126
none exists, and modify, relax, or abolish, when it has been 127
established. It may approve means of immunization against 128
poliomyelitis, rubeola, diphtheria, rubella (German measles), 129
pertussis, and tetanus, AND HEPATITIS B for the purpose of 131
carrying out the provisions of section 3313.671 of the Revised 132
Code. It may make special or standing orders or rules for 133
preventing the use of fluoroscopes for nonmedical purposes which 134
emit doses of radiation likely to be harmful to any person, for 135
preventing the spread of contagious or infectious diseases, for 136
governing the receipt and conveyance of remains of deceased 137
persons, and for such other sanitary matters as are best 138
controlled by a general rule. It may make and enforce orders in 139
local matters when an emergency exists, or when the board of 140
health of a general or city health district has neglected or 141
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refused to act with sufficient promptness or efficiency, or when 142
such board has not been established as provided by sections 143
3709.02, 3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14 144
of the Revised Code. In such cases the necessary expense 145
incurred shall be paid by the general health district or city for 146
which the services are rendered. 147
The department may make evaluative studies of the 149
nutritional status of Ohio residents, and of the food and 150
nutrition-related programs operating within the state. Every 151
agency of the state, at the request of the department, shall 152
provide information and otherwise assist in the execution of such 153
studies. 154
Sec. 3734.01. As used in this chapter: 164
(A) "Board of health" means the board of health of a city 166
or general health district or the authority having the duties of 167
a board of health in any city as authorized by section 3709.05 of 168
the Revised Code. 169
(B) "Director" means the director of environmental 171
protection. 172
(C) "Health district" means a city or general health 174
district as created by or under authority of Chapter 3709. of the 175
Revised Code. 176
(D) "Agency" means the environmental protection agency. 178
(E) "Solid wastes" means such unwanted residual solid or 180
semisolid material as results from industrial, commercial, 181
agricultural, and community operations, excluding earth or 182
material from construction, mining, or demolition operations, or 183
other waste materials of the type that normally would be included 184
in demolition debris, nontoxic fly ash and bottom ash, including 185
at least ash that results from the combustion of coal and ash 186
that results from the combustion of coal in combination with 187
scrap tires where scrap tires comprise not more than fifty per 188
cent of heat input in any month, spent nontoxic foundry sand, and 189
slag and other substances that are not harmful or inimical to 190
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public health, and includes, but is not limited to, garbage, 191
scrap tires, combustible and noncombustible material, street 192
dirt, and debris. "Solid wastes" does not include any material 193
that is an infectious waste or a hazardous waste. 194
(F) "Disposal" means the discharge, deposit, injection, 196
dumping, spilling, leaking, emitting, or placing of any solid 197
wastes or hazardous waste into or on any land or ground or 198
surface water or into the air, except if the disposition or 199
placement constitutes storage or treatment or, if the solid 200
wastes consist of scrap tires, the disposition or placement 201
constitutes a beneficial use or occurs at a scrap tire recovery 202
facility licensed under section 3734.81 of the Revised Code. 203
(G) "Person" includes the state, any political subdivision 205
and other state or local body, the United States and any agency 206
or instrumentality thereof, and any legal entity defined as a 207
person under section 1.59 of the Revised Code. 208
(H) "Open burning" means the burning of solid wastes in an 210
open area or burning of solid wastes in a type of chamber or 211
vessel that is not approved or authorized in rules adopted by the 212
director under section 3734.02 of the Revised Code or, if the 213
solid wastes consist of scrap tires, in rules adopted under 214
division (V) of this section or section 3734.73 of the Revised 216
Code, or the burning of treated or untreated infectious wastes in 217
an open area or in a type of chamber or vessel that is not 218
approved in rules adopted by the director under section 3734.021 219
of the Revised Code. 220
(I) "Open dumping" means the depositing of solid wastes 222
into a body or stream of water or onto the surface of the ground 223
at a site that is not licensed as a solid waste facility under 224
section 3734.05 of the Revised Code or, if the solid wastes 225
consist of scrap tires, as a scrap tire collection, storage, 226
monocell, monofill, or recovery facility under section 3734.81 of 227
the Revised Code; the depositing of solid wastes that consist of 228
scrap tires onto the surface of the ground at a site or in a 229
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manner not specifically identified in divisions (C)(2) to (5), 230
(7), or (10) of section 3734.85 of the Revised Code; the 231
depositing of untreated infectious wastes into a body or stream 232
of water or onto the surface of the ground; or the depositing of 233
treated infectious wastes into a body or stream of water or onto 234
the surface of the ground at a site that is not licensed as a 235
solid waste facility under section 3734.05 of the Revised Code. 236
(J) "Hazardous waste" means any waste or combination of 238
wastes in solid, liquid, semisolid, or contained gaseous form 239
that in the determination of the director, because of its 240
quantity, concentration, or physical or chemical characteristics, 241
may do either of the following: 242
(1) Cause or significantly contribute to an increase in 244
mortality or an increase in serious irreversible or 245
incapacitating reversible illness; 246
(2) Pose a substantial present or potential hazard to 248
human health or safety or to the environment when improperly 249
stored, treated, transported, disposed of, or otherwise managed. 250
"Hazardous waste" includes any substance identified by 252
regulation as hazardous waste under the "Resource Conservation 253
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 254
amended, and does not include any substance that is subject to 255
the "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, 256
as amended. 257
(K) "Treat" or "treatment," when used in connection with 259
hazardous waste, means any method, technique, or process designed 260
to change the physical, chemical, or biological characteristics 261
or composition of any hazardous waste; to neutralize the waste; 262
to recover energy or material resources from the waste; to render 263
the waste nonhazardous or less hazardous, safer to transport, 264
store, or dispose of, or amenable for recovery, storage, further 265
treatment, or disposal; or to reduce the volume of the waste. 266
When used in connection with infectious wastes, "treat" or 267
"treatment" means any method, technique, or process designed to 268
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render the wastes noninfectious, including, without limitation, 269
steam sterilization and incineration, or, in the instance of 270
wastes identified in division (R)(7) of this section, to 271
substantially reduce or eliminate the potential for the wastes to 272
cause lacerations or puncture wounds. 273
(L) "Manifest" means the form used for identifying the 275
quantity, composition, origin, routing, and destination of 276
hazardous waste during its transportation from the point of 277
generation to the point of disposal, treatment, or storage. 278
(M) "Storage," when used in connection with hazardous 280
waste, means the holding of hazardous waste for a temporary 281
period in such a manner that it remains retrievable and 282
substantially unchanged physically and chemically and, at the end 283
of the period, is treated; disposed of; stored elsewhere; or 284
reused, recycled, or reclaimed in a beneficial manner. When used 285
in connection with solid wastes that consist of scrap tires, 286
"storage" means the holding of scrap tires for a temporary period 287
in such a manner that they remain retrievable and, at the end of 288
that period, are beneficially used; stored elsewhere; placed in a 289
scrap tire monocell or monofill facility licensed under section 290
3734.81 of the Revised Code; processed at a scrap tire recovery 291
facility licensed under that section or a solid waste 292
incineration or energy recovery facility subject to regulation 293
under this chapter; or transported to a scrap tire monocell, 294
monofill, or recovery facility, any other solid waste facility 295
authorized to dispose of scrap tires, or a facility that will 296
beneficially use the scrap tires, that is located in another 297
state and is operating in compliance with the laws of the state 298
in which the facility is located. 299
(N) "Facility" means any site, location, tract of land, 301
installation, or building used for incineration, composting, 302
sanitary landfilling, or other methods of disposal of solid 303
wastes or, if the solid wastes consist of scrap tires, for the 304
collection, storage, or processing of the solid wastes; for the 305
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transfer of solid wastes; for the treatment of infectious wastes; 306
or for the storage, treatment, or disposal of hazardous waste. 307
(O) "Closure" means the time at which a hazardous waste 309
facility will no longer accept hazardous waste for treatment, 310
storage, or disposal, the time at which a solid waste facility 311
will no longer accept solid wastes for transfer or disposal or, 312
if the solid wastes consist of scrap tires, for storage or 313
processing, or the effective date of an order revoking the permit 314
for a hazardous waste facility or the registration certificate, 315
permit, or license for a solid waste facility, as applicable. 316
"Closure" includes measures performed to protect public health or 317
safety, to prevent air or water pollution, or to make the 318
facility suitable for other uses, if any, including, but not 319
limited to, the removal of processing residues resulting from 320
solid wastes that consist of scrap tires; the establishment and 321
maintenance of a suitable cover of soil and vegetation over cells 322
in which hazardous waste or solid wastes are buried; minimization 323
of erosion, the infiltration of surface water into such cells, 324
the production of leachate, and the accumulation and runoff of 325
contaminated surface water; the final construction of facilities 326
for the collection and treatment of leachate and contaminated 327
surface water runoff, except as otherwise provided in this 328
division; the final construction of air and water quality 329
monitoring facilities, except as otherwise provided in this 330
division; the final construction of methane gas extraction and 331
treatment systems; or the removal and proper disposal of 332
hazardous waste or solid wastes from a facility when necessary to 333
protect public health or safety or to abate or prevent air or 334
water pollution. With regard to a solid waste facility that is a 335
scrap tire facility, "closure" includes the final construction of 336
facilities for the collection and treatment of leachate and 337
contaminated surface water runoff and the final construction of 338
air and water quality monitoring facilities only if those actions 339
are determined to be necessary. 340
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(P) "Premises" means either of the following: 342
(1) Geographically contiguous property owned by a 344
generator; 345
(2) Noncontiguous property that is owned by a generator 347
and connected by a right-of-way that the generator controls and 349
to which the public does not have access. Two or more pieces of 350
property that are geographically contiguous and divided by public 351
or private right-of-way or rights-of-way are a single premises. 352
(Q) "Post-closure" means that period of time following 354
closure during which a hazardous waste facility is required to be 355
monitored and maintained under this chapter and rules adopted 356
under it, including, without limitation, operation and 357
maintenance of methane gas extraction and treatment systems, or 358
the period of time after closure during which a scrap tire 359
monocell or monofill facility licensed under section 3734.81 of 360
the Revised Code is required to be monitored and maintained under 361
this chapter and rules adopted under it. 362
(R) "Infectious wastes" includes all of the following 364
substances or categories of substances: 365
(1) Cultures and stocks of infectious agents and 367
associated biologicals, including, without limitation, specimen 368
cultures, cultures and stocks of infectious agents, wastes from 369
production of biologicals, and discarded live and attenuated 370
vaccines; 371
(2) Laboratory wastes that were, or are likely to have 373
been, in contact with infectious agents that may present a 374
substantial threat to public health if improperly managed; 375
(3) Pathological wastes, including, without limitation, 377
human and animal tissues, organs, and body parts, and body fluids 378
and excreta that are contaminated with or are likely to be 379
contaminated with infectious agents, removed or obtained during 380
surgery or autopsy or for diagnostic evaluation, PROVIDED THAT, 381
WITH REGARD TO PATHOLOGICAL WASTES FROM ANIMALS, THE ANIMALS HAVE 382
OR ARE LIKELY TO HAVE BEEN EXPOSED TO A ZOONOTIC OR INFECTIOUS 383
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AGENT;
(4) Waste materials from the rooms of humans, or the 385
enclosures of animals, that have been isolated because of 386
diagnosed communicable disease that are likely to transmit 387
infectious agents. Such waste materials from the rooms of humans 388
do not include any wastes of patients who have been placed on 389
blood and body fluid precautions under the universal precaution 390
system established by the centers for disease control in the 391
public health service of the United States department of health 392
and human services, except to the extent specific wastes 393
generated under the universal precautions system have been 394
identified as infectious wastes by rules adopted under division 395
(R)(8) of this section. 396
(5) Human and animal blood specimens and blood products 398
that are being disposed of, except PROVIDED that, WITH REGARD TO 400
BLOOD SPECIMENS AND BLOOD PRODUCTS FROM ANIMALS, THE ANIMALS WERE
OR ARE LIKELY TO HAVE BEEN EXPOSED TO A ZOONOTIC OR INFECTIOUS 401
AGENT. "blood BLOOD products" does not include patient care 404
waste such as bandages or disposable gowns that are lightly 405
soiled with blood or other body fluids unless those wastes are 406
soiled to the extent that the generator of the wastes determines 407
that they should be managed as infectious wastes;. 408
(6) Contaminated carcasses, body parts, and bedding of 410
animals that were intentionally exposed to infectious agents FROM 411
ZOONOTIC OR HUMAN DISEASES during research, production of 413
biologicals, or testing of pharmaceuticals, and carcasses and 414
bedding of animals otherwise infected BY ZOONOTIC OR INFECTIOUS 415
AGENTS that may present a substantial threat to public health if 418
improperly managed;
(7) Sharp wastes used in the treatment, diagnosis, or 420
inoculation of human beings or animals or that have, or are 421
likely to have, come in contact with infectious agents in 422
medical, research, or industrial laboratories, including, without 423
limitation, hypodermic needles and syringes, scalpel blades, and 424
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glass articles that have been broken; 425
(8) Any other waste materials generated in the diagnosis, 427
treatment, or immunization of human beings or animals, in 428
research pertaining thereto, or in the production or testing of 429
biologicals, that the public health council created in section 430
3701.33 of the Revised Code, by rules adopted in accordance with 431
Chapter 119. of the Revised Code, identifies as infectious wastes 432
after determining that the wastes present a substantial threat to 433
human health when improperly managed because they are 434
contaminated with, or are likely to be contaminated with, 435
infectious agents. 436
(S) "Infectious agent" means a type of microorganism, 438
helminth, or virus that causes, or significantly contributes to 439
the cause of, increased morbidity or mortality of human beings. 440
(T) "Board of county commissioners" includes, in addition 442
to any such board selected under Chapter 302. or 305. of the 443
Revised Code, any legislative authority that a county establishes 444
under Sections 3 and 4 of Article X, Ohio Constitution "ZOONOTIC 446
AGENT" MEANS A TYPE OF MICROORGANISM, HELMINTH, OR VIRUS THAT 447
CAUSES DISEASE IN VERTEBRATE ANIMALS AND THAT IS TRANSMISSIBLE TO 448
HUMAN BEINGS AND CAUSES OR SIGNIFICANTLY CONTRIBUTES TO THE CAUSE 449
OF INCREASED MORBIDITY OR MORTALITY OF HUMAN BEINGS. 450
(U) "Solid waste transfer facility" means any site, 452
location, tract of land, installation, or building that is used 453
or intended to be used primarily for the purpose of transferring 454
solid wastes that were generated off the premises of the facility 455
from vehicles or containers into other vehicles for 456
transportation to a solid waste disposal facility. "Solid waste 457
transfer facility" does not include any facility that consists 458
solely of portable containers that have an aggregate volume of 459
fifty cubic yards or less nor any facility where legitimate 460
recycling activities are conducted. 461
(V) "Beneficially use" means to use a scrap tire in a 463
manner that results in a commodity for sale or exchange or in any 464
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other manner authorized as a beneficial use in rules adopted by 465
the director in accordance with Chapter 119. of the Revised Code. 466
(W) "Commercial car," "commercial tractor," "farm 468
machinery," "motor bus," "vehicles," "motor vehicle," and 469
"semitrailer" have the same meanings as in section 4501.01 of the 470
Revised Code. 471
(X) "Construction equipment" means road rollers, traction 473
engines, power shovels, power cranes, and other equipment used in 474
construction work, or in mining or producing or processing 475
aggregates, and not designed for or used in general highway 476
transportation. 477
(Y) "Motor vehicle salvage dealer" has the same meaning as 479
in section 4738.01 of the Revised Code. 480
(Z) "Scrap tire" means an unwanted or discarded tire. 482
(AA) "Scrap tire collection facility" means any facility 484
that meets all of the following qualifications: 485
(1) The facility is used for the receipt and storage of 487
whole scrap tires from the public prior to their transportation 488
to a scrap tire storage, monocell, monofill, or recovery facility 489
licensed under section 3734.81 of the Revised Code; a solid waste 490
incineration or energy recovery facility subject to regulation 491
under this chapter; a premises within the state where the scrap 492
tires will be beneficially used; or a scrap tire storage, 493
monocell, monofill, or recovery facility, any other solid waste 494
disposal facility authorized to dispose of scrap tires, or a 495
facility that will beneficially use the scrap tires, that is 496
located in another state, and that is operating in compliance 497
with the laws of the state in which the facility is located; 498
(2) The facility exclusively stores scrap tires in 500
portable containers; 501
(3) The aggregate storage of the portable containers in 503
which the scrap tires are stored does not exceed five thousand 504
cubic feet. 505
(BB) "Scrap tire monocell facility" means an individual 507
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site within a solid waste landfill that is used exclusively for 508
the environmentally sound storage or disposal of whole scrap 509
tires or scrap tires that have been shredded, chipped, or 510
otherwise mechanically processed. 511
(CC) "Scrap tire monofill facility" means an engineered 513
facility used or intended to be used exclusively for the storage 514
or disposal of scrap tires, including at least facilities for the 515
submergence of whole scrap tires in a body of water. 516
(DD) "Scrap tire recovery facility" means any facility, or 518
portion thereof, for the processing of scrap tires for the 519
purpose of extracting or producing usable products, materials, or 520
energy from the scrap tires through a controlled combustion 521
process, mechanical process, or chemical process. "Scrap tire 522
recovery facility" includes any facility that uses the controlled 523
combustion of scrap tires in a manufacturing process to produce 524
process heat or steam or any facility that produces usable heat 525
or electric power through the controlled combustion of scrap 526
tires in combination with another fuel, but does not include any 527
solid waste incineration or energy recovery facility that is 528
designed, constructed, and used for the primary purpose of 529
incinerating mixed municipal solid wastes and that burns scrap 530
tires in conjunction with mixed municipal solid wastes, or any 531
tire retreading business, tire manufacturing finishing center, or 532
tire adjustment center having on the premises of the business a 533
single, covered scrap tire storage area at which not more than 534
four thousand scrap tires are stored. 535
(EE) "Scrap tire storage facility" means any facility 537
where whole scrap tires are stored prior to their transportation 538
to a scrap tire monocell, monofill, or recovery facility licensed 539
under section 3734.81 of the Revised Code; a solid waste 540
incineration or energy recovery facility subject to regulation 541
under this chapter; a premises within the state where the scrap 542
tires will be beneficially used; or a scrap tire storage, 543
monocell, monofill, or recovery facility, any other solid waste 544
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disposal facility authorized to dispose of scrap tires, or a 545
facility that will beneficially use the scrap tires, that is 546
located in another state, and that is operating in compliance 547
with the laws of the state in which the facility is located. 548
(FF) "Used oil" means any oil that has been refined from 551
crude oil, or any synthetic oil, that has been used and, as a
result of that use, is contaminated by physical or chemical 552
impurities. "Used oil" includes only those substances identified 553
as used oil by the United States environmental protection agency 554
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42 555
U.S.C.A. 6901a, as amended.
Section 2. That existing sections 3313.671, 3701.13, and 557
3734.01 of the Revised Code are hereby repealed. 559