REPRESENTATIVES Webster, McGregor, Wolpert

To amend sections 3714.01, 3714.02, and 3714.09, to

1

enact new section 3714.07 and section 3714.021,

2

and to repeal section 3714.07 of the Revised Code

3

to replace the construction and demolition debris

4

facility license fee with a fee on the disposal of

5

construction and demolition debris at construction

6

and demolition debris facilities and solid waste

7

facilities, and to revise the definition of

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"construction and demolition debris."

9

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

Section 1. That sections 3714.01, 3714.02, and 3714.09 be	10
amended and new section 3714.07 and section 3714.021 of the	11
Revised Code be enacted to read as follows:	12

Sec. 3714.01.  As used in this chapter:

13

(A) "Board of health" means the board of health of a city or	14
general health district or the authority having the duties of a	15
board of health in any city as authorized by section 3709.05 of	16
the Revised Code.	17

(B) "Closure" means either the time at which a construction	18
and demolition debris facility will no longer accept construction	19
and demolition debris for disposal or the effective date of an	20
order revoking the license of the facility. The term"Closure"	21
includes measures performed to protect public health or safety, to	22
prevent air or water pollution, or to make the facility suitable	23
for other uses, if any, including, without limitation, the	24
establishment and maintenance of suitable cover of soil and	25
vegetation over areas where construction and demolition debris is	26
buried and the minimization of erosion, the infiltration of	27
surface water into such areas, the production of leachate, and the	28
accumulation and runoff of contaminated surface water.	29

(C) "Construction and demolition debris" means those	30
materials resulting from the alteration, construction,	31
destruction, rehabilitation, or repair of any manmade physical	32
structure that is built by humans, including, without limitation,	33
houses, buildings, industrial or commercial facilities, or	34
roadways. "Construction and demolition debris" includes	35
construction materials that are final off-specification, rejected,	36
or damaged. "Construction and demolition debris" also includes de	37
minimus solid wastes and particles and dust created during	38
demolition activities and through transport. "Construction and	39
demolition debris" does not include materials identified or listed	40
as solid wastes or hazardous waste pursuant to Chapter 3734. of	41
the Revised Code and rules adopted under it other than de minimus	42
solid wastes; materials from mining operations, nontoxic fly ash,	43
spent nontoxic foundry sand, and slag; or reinforced or	44
nonreinforced concrete, asphalt, building or paving brick, or	45
building or paving stone that is stored for a period of less than	46
two years for recycling into a usable construction material.	47

(D) "Construction materials" means materials that are used	48
for the alteration, construction, rehabilitation, or repair of any	49
physical structure that is built by humans.	50

(E) "De minimus solid wastes" means de minimus solid wastes	51
as defined in rules adopted by the director of environmental	52
protection under section 3714.02 of the Revised Code or by a board	53
of health under section 3714.021 of the Revised Code.	54

(F) "Disposal" means the discharge, deposit, injection,	55
dumping, spilling, leaking, emitting, or placing of any	56
construction and demolition debris into or on any land or ground	57
or surface water or into the air, except if the disposition or	58
placement constitutes storage.	59

(E)(G) "Facility" means any site, location, tract of land,	60
installation, or building used for the disposal of construction	61
and demolition debris. "Facility" does not include any	62
construction site where construction debris and trees and brush	63
removed in clearing the construction site are used as fill	64
material on the site where the materials are generated or removed	65
and does not include any site where materials composed exclusively	66
of reinforced or nonreinforced concrete, asphalt, clay tile,	67
building or paving brick, or building or paving stone are used as	68
fill material, either alone or in conjunction with clean soil,	69
sand, gravel, or other clean aggregates, in legitimate fill	70
operations for construction purposes or to bring the site up to a	71
consistent grade.	72

(F)(H) "Health district" means a city or general health	73
district created by or under the authority of Chapter 3709. of the	74
Revised Code.	75

(G)(I) "Person" includes the state, any political subdivision	76
of the state or other state or local body, the United States and	77
any agency or instrumentality thereof, and any legal entity or	78
organization defined as a person under section 1.59 of the Revised	79
Code.	80

(H)(J) "Storage" means the holding of construction and	81
demolition debris for a temporary period in such a manner that it	82
remains retrievable and substantially unchanged and, at the end of	83
the period, is disposed of or reused or recycled in a beneficial	84
manner.	85

Sec. 3714.02. Within twelve months after July 24, 1990, the	86
The director of environmental protection shall adopt, and may	87
amend and rescind, rules in accordance with Chapter 119. of the	88
Revised Code governing construction and demolition debris	89
facilities and the inspection of and issuance of licenses for	90
those facilities. The rules shall ensure that the facilities will	91
not create a nuisance, fire hazard, or health hazard or cause or	92
contribute to air or water pollution. The rules shall establish	93
all of the following:	94

(A) Standards for the design and construction of facilities.	95
These standards may include, without limitation, requirements for	96
diking around the areas where debris is buried to prevent runoff	97
of surface water onto adjacent property.	98

(B) Standards for control over access to facilities;

99

(C) Standards for the operation of facilities, including,	100
without limitation, standards for the compaction and covering of	101
debris disposed of and standards regarding equipment used for the	102
operation of facilities;	103

(D) Criteria and procedures for granting authorization to the	104
owner or operator of a facility to dispose of asbestos or	105
asbestos-containing materials or products at histhe owner's or	106
operator's facility;	107

(E) Criteria and procedures in accordance with which the	108
director shall allow the disposal of de minimus solid wastes at	109
construction and demolition debris facilities that are located in	110
health districts in which the director is administering and	111
enforcing this chapter under section 3714.09 of the Revised Code.	112
The rules shall include both of the following:	113

(1) A definition of "de minimus solid wastes" that includes	114
at least the following factors:	115

(a) The wastes are solid wastes as defined in section 3734.01	116
of the Revised Code.	117

(b) The wastes are inert.

118

(c) The wastes constitute not more than one per cent by load	119
of the daily amount of construction and demolition debris disposed	120
of at a construction and demolition debris facility.	121

(2) A determination of what constitutes a load of	122
construction and demolition debris for the purpose of calculating	123
the amount of any solid wastes in the load in order to determine	124
if the wastes are de minimus solid wastes.	125

(F) Requirements for the installation of ground water	126
monitoring wells and the monitoring of ground water quality at any	127
facility where the operation of the facility threatens to	128
contaminate ground water;	129

(F)(G) Requirements respecting written, narrative plans for	130
the operation of facilities;	131

(G)(H) Requirements respecting contingency plans for	132
effective action in response to fire or explosion at a facility;	133

(H)(I) Financial assurance requirements for the closure of	134
facilities. The rules shall require that the owner or operator of	135
a facility, before being issued a license for the facility under	136
section 3714.06 of the Revised Code, submit a surety bond, a	137
letter of credit, or other acceptable financial assurance, as	138
specified by the director in the rules, in an amount equal to the	139
estimated costs for closure of those portions of the facility that	140
have been, are being, or are to be used for the disposal of	141
construction and demolition debris as contained in the closure	142
plan for the facility approved by the board of health of the	143
health district in which the facility is or is to be located or,	144
if the facility is or is to be located in a health district that	145
is not on the approved list under division (A) or (B)(1) or (2) of	146
section 3714.09 of the Revised Code, by the director.	147

(I)(J) Requirements for the closure of facilities. The	148
requirements shall include minimum requirements for the closure of	149
all facilities and such additional requirements as are reasonably	150
related to the location of the facility and the type and quantity	151
of materials disposed of in the facility.	152

The rules adopted under this section shall not prohibit the	153
open burning of construction debris on a construction site in	154
compliance with division (C)(1) of section 3704.11 of the Revised	155
Code.	156

Sec. 3714.021. A board of health that is administering and	157
enforcing this chapter shall adopt rules establishing criteria and	158
procedures in accordance with which the board shall allow the	159
disposal of de minimus solid wastes at construction and demolition	160
debris facilities that are located in the health district. The	161
rules shall include both of the following:	162

(A) A definition of "de minimus solid wastes" that includes	163
at least the following factors:	164

(1) The wastes are solid wastes as defined in section 3734.01	165
of the Revised Code.	166

(2) The wastes are inert.

167

(3) The wastes constitute not more than one per cent by load	168
of the daily amount of construction and demolition debris disposed	169
of at a construction and demolition debris facility.	170

(B) A determination of what constitutes a load of	171
construction and demolition debris for the purpose of calculating	172
the amount of any solid wastes in the load in order to determine	173
if the wastes are de minimus solid wastes.	174

Sec. 3714.07.  (A)(1) For the purpose of assisting boards of	175
health and the environmental protection agency in administering	176
and enforcing this chapter and rules adopted under it, there is	177
hereby levied on the disposal of construction and demolition	178
debris at a construction and demolition debris facility that is	179
licensed under this chapter or at a solid waste facility that is	180
licensed under Chapter 3734. of the Revised Code a fee of thirty	181
cents per cubic yard or sixty cents per ton, as applicable.	182

(2) If construction and demolition debris is disposed of at a	183
construction and demolition debris facility, the owner or operator	184
of the facility shall determine if cubic yards or tons will be	185
used as the unit of measurement. In estimating the fee based on	186
cubic yards, the owner or operator shall utilize either the	187
maximum cubic yard capacity of the container, or the hauling	188
volume of the vehicle, that transports the construction and	189
demolition debris to the facility or the cubic yards actually	190
logged for disposal by the owner or operator in accordance with	191
rules adopted under section 3714.02 of the Revised Code. If basing	192
the fee on tonnage, the owner or operator shall use certified	193
scales to determine the tonnage of construction and demolition	194
debris that is transported to the facility for disposal.	195

(3) If construction and demolition debris is disposed of at a	196
solid waste facility, the owner or operator of the facility shall	197
assess the fee on a per cubic yard or per ton basis as designated	198
in the solid waste management plan of the solid waste management	199
district in which the facility is located for the collection of	200
the district's solid waste disposal fee pursuant to division (B)	201
of section 3734.57 of the Revised Code.	202

(4) The owner or operator of a construction and demolition	203
debris facility or a solid waste facility shall collect the fee	204
levied under division (A) of this section as a trustee for the	205
health district having jurisdiction over the facility, if that	206
district is on the approved list under section 3714.09 of the	207
Revised Code, or for the state. The owner or operator shall	208
prepare and file with the appropriate board of health or the	209
director of environmental protection monthly returns indicating	210
the total volume or weight, as applicable, of construction and	211
demolition debris received for disposal at the facility and the	212
total amount of money required to be collected on the construction	213
and demolition debris disposed of during that month. Not later	214
than thirty days after the last day of the month to which the	215
return applies, the owner or operator shall mail to the board of	216
health or the director the return for that month together with the	217
money required to be collected on the construction and demolition	218
debris disposed of during that month. The owner or operator may	219
request, in writing, an extension of not more than thirty days	220
after the last day of the month to which the return applies. A	221
request for extension may be denied. If the owner or operator	222
submits the money late, the owner or operator shall pay a penalty	223
of ten per cent of the amount of the money due for each month that	224
it is late.	225

(5) Of the money that is collected from a construction and	226
demolition debris facility or a solid waste facility on a per	227
cubic yard or per ton basis under this section, a board of health	228
shall transmit three cents per cubic yard or six cents per ton, as	229
applicable, to the director not later than forty-five days after	230
the receipt of the money. The money retained by a board of health	231
under this section shall be paid into a special fund, which is	232
hereby created in each health district, and used solely to	233
administer and enforce this chapter and rules adopted under it.	234

The director shall transmit all money received from the	235
boards of health of health districts under this section and all	236
money from the disposal fee collected by the director under this	237
section to the treasurer of state to be credited to the	238
construction and demolition debris facility oversight fund, which	239
is hereby created in the state treasury. The fund shall be	240
administered by the director, and money credited to the fund shall	241
be used exclusively for the administration and enforcement of this	242
chapter and rules adopted under it.	243

(B) The board of health of a health district or the director	244
may enter into an agreement with the owner or operator of a	245
construction and demolition debris facility or a solid waste	246
facility for the quarterly payment of the money collected from the	247
disposal fee. The board of health shall notify the director of any	248
such agreement. Not later than forty-five days after receipt of	249
the quarterly payment, the board of health shall transmit the	250
amount established in division (A)(5) of this section to the	251
director. The money retained by the board of health shall be	252
deposited in the special fund of the district as required under	253
that division. Upon receipt of the money from a board of health,	254
the director shall transmit the money to the treasurer of state to	255
be credited to the construction and demolition debris facility	256
oversight fund.	257

(C) If a construction and demolition debris facility or a	258
solid waste facility is located within the territorial boundaries	259
of a municipal corporation or the unincorporated area of a	260
township, the municipal corporation or township may appropriate up	261
to three cents per cubic yard or up to six cents per ton of the	262
disposal fee required to be paid by the facility under division	263
(A) of this section for the same purposes that a municipal	264
corporation or township may levy a fee under division (C) of	265
section 3734.57 of the Revised Code.	266

The legislative authority of the municipal corporation or	267
township may appropriate the money from the fee by enacting an	268
ordinance or adopting a resolution establishing the amount of the	269
fee to be appropriated. Upon doing so, the legislative authority	270
shall mail a certified copy of the ordinance or resolution to the	271
board of health of the health district in which the construction	272
and demolition debris facility or the solid waste facility is	273
located or, if the facility is located in a health district that	274
is not on the approved list under section 3714.09 of the Revised	275
Code, to the director. Upon receipt of the copy of the ordinance	276
or resolution and not later than forty-five days after receipt of	277
money collected from the fee, the board or the director, as	278
applicable, shall transmit to the treasurer or other appropriate	279
officer of the municipal corporation or clerk of the township that	280
portion of the money collected from the disposal fee by the owner	281
or operator of the facility that is required by the ordinance or	282
resolution to be paid to that municipal corporation or township.	283

Money received by the treasurer or other appropriate officer	284
of a municipal corporation under this division shall be paid into	285
the general fund of the municipal corporation. Money received by	286
the clerk of a township under this division shall be paid into the	287
general fund of the township. The treasurer or other officer of	288
the municipal corporation or the clerk of the township, as	289
appropriate, shall maintain separate records of the money received	290
under this division.	291

The legislative authority of a municipal corporation or	292
township may cease collecting money under this division by	293
repealing the ordinance or resolution that was enacted or adopted	294
under this division.	295

(D) The board of county commissioners of a county in which a	296
construction and demolition debris facility or a solid waste	297
facility is located may appropriate up to three cents per cubic	298
yard or up to six cents per ton of the disposal fee required to be	299
paid by the facility under division (A) of this section for the	300
same purposes that a solid waste management district may levy a	301
fee under division (B) of section 3734.57 of the Revised Code.	302

The board of county commissioners may appropriate the money	303
from the fee by adopting a resolution establishing the amount of	304
the fee to be appropriated. Upon doing so, the board of county	305
commissioners shall mail a certified copy of the resolution to the	306
board of health of the health district in which the construction	307
and demolition debris facility or the solid waste facility is	308
located or, if the facility is located in a health district that	309
is not on the approved list under section 3714.09 of the Revised	310
Code, to the director. Upon receipt of the copy of the resolution	311
and not later than forty-five days after receipt of money	312
collected from the fee, the board of health or the director, as	313
applicable, shall transmit to the treasurer of the county that	314
portion of the money collected from the disposal fee by the owner	315
or operator of the facility that is required by the resolution to	316
be paid to that county.	317

Money received by a county treasurer under this division	318
shall be paid into the general fund of the county. The county	319
treasurer shall maintain separate records of the money received	320
under this division.	321

A board of county commissioners may cease collecting money	322
under this division by repealing the resolution that was adopted	323
under this division.	324

Sec. 3714.09.  (A) The director of environmental protection	325
shall place each health district that is on the approved list	326
under division (A) or (B) of section 3734.08 of the Revised Code	327
on the approved list for the purposes of issuing licenses under	328
section 3714.06 of the Revised Code. Any survey or resurvey of any	329
such health district conducted under section 3734.08 of the	330
Revised Code shall also determine whether there is substantial	331
compliance with this chapter. If the director removes any such	332
health district from the approved list under division (B) of that	333
section, hethe director shall also remove the health district	334
from the approved list under this division and shall administer	335
and enforce this chapter in the health district until the health	336
district is placed on the approved list under division (B) of	337
section 3734.08 of the Revised Code or division (B)(1) of this	338
section.	339

(B)(1) Upon the request of the board of health of a health	340
district that is not on the approved list under division (A) or	341
(B) of section 3734.08 of the Revised Code, the director may place	342
the board on the approved list for the purpose of licensing	343
construction and demolition debris facilities under section	344
3714.06 of the Revised Code if hethe director determines that the	345
board is both capable of and willing to enforce all of the	346
applicable requirements of this chapter and rules adopted under	347
it.	348

(2) The director shall annually survey each health district	349
on the approved list under division (B)(1) of this section to	350
determine whether there is substantial compliance with this	351
chapter and rules adopted under it. Upon determining that there is	352
substantial compliance, the director shall place the health	353
district on the approved list under that division. The director	354
shall make a resurvey when in histhe director's opinion a	355
resurvey is necessary and shall remove from the approved list	356
under division (B)(1) of this section any health district not	357
substantially complying with this chapter and rules adopted under	358
it.	359

(3) If, after a survey or resurvey is made under division	360
(B)(2) of this section, the director determines that a health	361
district is not eligible to be placed on the approved list or to	362
continue on that list, hethe director shall certify that fact to	363
the board of health of the health district and shall administer	364
and enforce this chapter and rules adopted under it in the health	365
district until such time as the health district is placed on the	366
approved list.	367

(4) Whenever the director is required to administer and	368
enforce this chapter in any health district under division (A) or	369
(B)(3) of this section, hethe director is hereby vested with all	370
of the authority and all the duties granted to or imposed upon a	371
board of health under this chapter and rules adopted under it	372
within the health district. All construction and demolition debris	373
facility licensedisposal fees required to be paid to a board of	374
health by section 3714.07 of the Revised Code and all such	375
previous fees paid to the board, together with any money from	376
construction and demolition debris facility license fees that were	377
required to be paid to the board under section 3714.07 of the	378
Revised Code as that section existed prior to the effective date	379
of this amendment, that have not been expended or encumbered shall	380
be paid to the director and by him deposited by the director to	381
the credit of the construction and demolition debris facility	382
oversight fund created in section 3714.07 of the Revised Code.	383

(C) Nothing in this chapter limits the authority of the	384
director to initiate and pursue any administrative remedy or to	385
request the attorney general, the prosecuting attorney of the	386
appropriate county, or the city director of law of the appropriate	387
city to initiate and pursue any appropriate judicial remedy	388
available under this chapter to enforce any provision of this	389
chapter and any rules or terms or conditions of any license or	390
order adopted or issued under this chapter with respect to any	391
construction and demolition debris facility regardless of whether	392
the facility is located in a health district that is on the	393
approved list under division (A) or (B)(1) or (2) of this section.	394

Section 2. That existing sections 3714.01, 3714.02, and	395
3714.09 and section        Sec. 3714.07.  of the Revised Code are hereby	396
repealed.	397

Section 3. The Construction and Demolition Debris Facility	398
Oversight Fund that is created in section 3714.07 of the Revised	399
Code, as enacted by this act, is a continuation of the	400
Construction and Demolition Debris Facility Oversight Fund that	401
was created in section 3714.07 of the Revised Code, as repealed by	402
this act. Money credited to the Fund under former section 3714.07	403
of the Revised Code shall be used for the purposes specified in	404
section 3714.07 of the Revised Code, as enacted by this act.	405