REPRESENTATIVES Collier, Core, Niehaus, Damschroder, Krupinski, Faber

To enact section 1514.081 of the Revised Code to

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require the Chief of the Division of Mineral

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Resources Management in the Department of Natural

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Resources to adopt rules governing the beneficial

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use of lime mining wastes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 1514.081 of the Revised Code be	6
enacted to read as follows:	7

Sec. 1514.081.  (A) As used in this section:

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(1) "Lime mining wastes" means residual solid or semisolid	9
materials generated from lime or limestone mining and processing	10
operations, including, without limitation, lime kiln dust,	11
scrubber sludge from lime kiln operations, lime or limestone	12
materials not meeting product specification, lime hydrating	13
materials, and other lime or limestone mining, processing, or	14
calcining materials associated with lime or limestone mining or	15
processing. "Lime mining wastes" does not include materials	16
generated from the manufacture of cement.	17

(2) "Beneficial use" means the use of lime mining wastes	18
within a lime mining and reclamation area for land application	19
when it is utilized for agronomic purposes at standard agronomic	20
rates as determined by standard soil testing, for land reclamation	21
in accordance with this chapter and rules adopted under it,	22
including, but not limited to, use as fill material in quarries,	23
and for any other purposes designated by the chief of the division	24
of mineral resources management, including demonstration projects	25
approved by the chief.	26

(3) "Solid waste disposal facility" means a facility for the	27
disposal of solid wastes that is licensed under Chapter 3734. of	28
the Revised Code.	29

(4) "Disposal system" has the same meaning as in section	30
6111.01 of the Revised Code.	31

(B) Not later than two hundred seventy days after the	32
effective date of this section, the chief shall adopt and may	33
amend, suspend, or rescind rules in accordance with Chapter 119.	34
of the Revised Code establishing standards and requirements for	35
both of the following:	36

(1) The beneficial use of lime mining wastes, including the	37
beneficial use of lime mining wastes at lime mining and	38
reclamation operations governed by this chapter;	39

(2) The monitoring of ground water associated with the	40
beneficial use of lime mining wastes and the taking of corrective	41
action in the event of a subsurface discharge of leachate from the	42
beneficial use of lime mining wastes or of contamination of ground	43
water resulting from the beneficial use of lime mining wastes, in	44
order to protect human health and environment.	45

The beneficial use of lime mining wastes is subject to any	46
applicable standards and requirements established under this	47
chapter and rules adopted under it. Until such time as the chief	48
adopts rules under this section, the beneficial use of lime mining	49
wastes shall require the prior written approval of the chief in a	50
surface mining permit issued under this chapter.	51

(C) The beneficial use of lime mining wastes does not	52
constitute establishing a solid waste disposal facility or a	53
disposal system. A beneficial use of lime mining wastes that is	54
authorized under this section is not subject to any of the	55
following:	56

(1) Permit and license requirements for solid waste	57
facilities established under sections 3734.02 and 3734.05 of the	58
Revised Code;	59

(2) The prohibition against open dumping of solid wastes	60
established under section 3734.03 of the Revised Code;	61

(3) Solid waste disposal and generation fees established	62
under sections 3734.57 to 3734.574 of the Revised Code;	63

(4) Permit to install and plan approval requirements and	64
prohibitions established under sections 6111.03, 6111.04, 6111.44,	65
and 6111.45 of the Revised Code.	66

Nothing in this section shall be construed to limit any other	67
requirements that are applicable to the beneficial use of lime	68
mining wastes under Chapter 905., 3704., 3714., 3734., or 6111. of	69
the Revised Code or any local or federal laws, including, without	70
limitation, requirements governing air pollution control permits,	71
hazardous waste installation and operation permits, national	72
pollutant discharge elimination system permits, and section 401	73
water quality certifications.	74