REPRESENTATIVES Webster, McGregor, Wolpert, Niehaus, Aslanides, Setzer, Flowers

To amend sections 3714.01 and 3714.09, to enact new

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section 3714.07 and section 3714.021, and to

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repeal section 3714.07 of the Revised Code to

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replace the construction and demolition debris

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facility license fee with a fee on the disposal of

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construction and demolition debris at construction

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and demolition debris facilities and solid waste

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facilities, and to revise the definition of

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"construction and demolition debris."

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

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

Sec. 3714.01.  As used in this chapter:

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(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 particles	35
and dust created during demolition activities and through	36
transport. "Construction and demolition debris" does not include	37
materials identified or listed as solid wastes or hazardous waste	38
pursuant to Chapter 3734. of the Revised Code and rules adopted	39
under it; materials from mining operations, nontoxic fly ash,	40
spent nontoxic foundry sand, and slag; or reinforced or	41
nonreinforced concrete, asphalt, building or paving brick, or	42
building or paving stone that is stored for a period of less than	43
two years for recycling into a usable construction material; or	44
inorganic arsenical pressure-treated wood, including, without	45
limitation, wood treated with chromate copper arsenate, ammoniacal	46
copper arsenate, or ammoniacal copper zinc arsenate.	47

(D) "Disposal" means the discharge, deposit, injection,	48
dumping, spilling, leaking, emitting, or placing of any	49
construction and demolition debris into or on any land or ground	50
or surface water or into the air, except if the disposition or	51
placement constitutes storage.	52

(E) "Facility" means any site, location, tract of land,	53
installation, or building used for the disposal of construction	54
and demolition debris. "Facility" does not include any	55
construction site where construction debris and trees and brush	56
removed in clearing the construction site are used as fill	57
material on the site where the materials are generated or removed	58
and does not include any site where materials composed exclusively	59
of reinforced or nonreinforced concrete, asphalt, clay tile,	60
building or paving brick, or building or paving stone are used as	61
fill material, either alone or in conjunction with clean soil,	62
sand, gravel, or other clean aggregates, in legitimate fill	63
operations for construction purposes or to bring the site up to a	64
consistent grade.	65

(F) "Health district" means a city or general health district	66
created by or under the authority of Chapter 3709. of the Revised	67
Code.	68

(G) "Person" includes the state, any political subdivision of	69
the state or other state or local body, the United States and any	70
agency or instrumentality thereof, and any legal entity or	71
organization defined as a person under section 1.59 of the Revised	72
Code.	73

(H) "Storage" means the holding of construction and	74
demolition debris for a temporary period in such a manner that it	75
remains retrievable and substantially unchanged and, at the end of	76
the period, is disposed of or reused or recycled in a beneficial	77
manner.	78

Sec. 3714.021. (A) As used in this section, "working face"	79
means the portion of a construction and demolition debris facility	80
where construction and demolition debris is placed for final	81
disposal.	82

(B) The owner or operator of a construction and demolition	83
debris facility that is licensed under this chapter shall attempt	84
to remove all solid wastes from construction and demolition debris	85
prior to the disposal of the construction and demolition debris on	86
the working face of the facility. Except as otherwise provided in	87
this division, the existence of solid wastes on the working face	88
of a construction and demolition debris facility does not	89
constitute a violation of this chapter and rules adopted under it	90
if either of the following applies:	91

(1) The wastes constitute not more than two cubic yards per	92
one thousand cubic yards of construction and demolition debris or	93
four cubic yards per one thousand tons of construction and	94
demolition debris disposed of at the construction and demolition	95
debris facility based on the amount of construction and demolition	96
debris disposed of at the facility on the preceding full business	97
day as determined by using the amount of disposal fees collected	98
under section 3714.07 of the Revised Code for wastes disposed of	99
at the facility on that preceding full business day.	100

(2) The owner or operator or the employees of the facility	101
remove the solid wastes from the working face of the facility.	102

The existence of solid wastes on the working face of a	103
construction and demolition debris facility that is located within	104
the boundaries of a sole source aquifer as described in division	105
(B) of section 3714.03 of the Revised Code constitutes a violation	106
of this chapter and rules adopted under it.	107

(C) The board of health of the health district in which a	108
construction and demolition debris facility is located, the	109
director of environmental protection, or an authorized	110
representative of either may request the removal of specific,	111
visible solid wastes that are located on the working face of a	112
construction and demolition debris facility. The owner or operator	113
or the employees of the facility shall remove those solid wastes	114
if so requested.	115

Sec. 3714.07.  (A)(1) For the purpose of assisting boards of	116
health and the environmental protection agency in administering	117
and enforcing this chapter and rules adopted under it, there is	118
hereby levied on the disposal of construction and demolition	119
debris at a construction and demolition debris facility that is	120
licensed under this chapter or at a solid waste facility that is	121
licensed under Chapter 3734. of the Revised Code a fee of thirty	122
cents per cubic yard or sixty cents per ton, as applicable.	123

(2) If construction and demolition debris is disposed of at a	124
construction and demolition debris facility, the owner or operator	125
of the facility shall determine if cubic yards or tons will be	126
used as the unit of measurement. In estimating the fee based on	127
cubic yards, the owner or operator shall utilize either the	128
maximum cubic yard capacity of the container, or the hauling	129
volume of the vehicle, that transports the construction and	130
demolition debris to the facility or the cubic yards actually	131
logged for disposal by the owner or operator in accordance with	132
rules adopted under section 3714.02 of the Revised Code. If basing	133
the fee on tonnage, the owner or operator shall use certified	134
scales to determine the tonnage of construction and demolition	135
debris that is transported to the facility for disposal.	136

(3) If construction and demolition debris is disposed of at a	137
solid waste facility, the owner or operator of the facility shall	138
assess the fee on a per cubic yard or per ton basis as designated	139
in the solid waste management plan of the solid waste management	140
district in which the facility is located for the collection of	141
the district's solid waste disposal fee pursuant to division (B)	142
of section 3734.57 of the Revised Code.	143

(4) The owner or operator of a construction and demolition	144
debris facility or a solid waste facility shall collect the fee	145
levied under division (A) of this section as a trustee for the	146
health district having jurisdiction over the facility, if that	147
district is on the approved list under section 3714.09 of the	148
Revised Code, or for the state. The owner or operator shall	149
prepare and file with the appropriate board of health or the	150
director of environmental protection monthly returns indicating	151
the total volume or weight, as applicable, of construction and	152
demolition debris received for disposal at the facility and the	153
total amount of money required to be collected on the construction	154
and demolition debris disposed of during that month. Not later	155
than thirty days after the last day of the month to which the	156
return applies, the owner or operator shall mail to the board of	157
health or the director the return for that month together with the	158
money required to be collected on the construction and demolition	159
debris disposed of during that month. The owner or operator may	160
request, in writing, an extension of not more than thirty days	161
after the last day of the month to which the return applies. A	162
request for extension may be denied. If the owner or operator	163
submits the money late, the owner or operator shall pay a penalty	164
of ten per cent of the amount of the money due for each month that	165
it is late.	166

(5) Of the money that is collected from a construction and	167
demolition debris facility or a solid waste facility on a per	168
cubic yard or per ton basis under this section, a board of health	169
shall transmit three cents per cubic yard or six cents per ton, as	170
applicable, to the director not later than forty-five days after	171
the receipt of the money. The money retained by a board of health	172
under this section shall be paid into a special fund, which is	173
hereby created in each health district, and used solely to	174
administer and enforce this chapter and rules adopted under it.	175

The director shall transmit all money received from the	176
boards of health of health districts under this section and all	177
money from the disposal fee collected by the director under this	178
section to the treasurer of state to be credited to the	179
construction and demolition debris facility oversight fund, which	180
is hereby created in the state treasury. The fund shall be	181
administered by the director, and money credited to the fund shall	182
be used exclusively for the administration and enforcement of this	183
chapter and rules adopted under it.	184

(B) The board of health of a health district or the director	185
may enter into an agreement with the owner or operator of a	186
construction and demolition debris facility or a solid waste	187
facility for the quarterly payment of the money collected from the	188
disposal fee. The board of health shall notify the director of any	189
such agreement. Not later than forty-five days after receipt of	190
the quarterly payment, the board of health shall transmit the	191
amount established in division (A)(5) of this section to the	192
director. The money retained by the board of health shall be	193
deposited in the special fund of the district as required under	194
that division. Upon receipt of the money from a board of health,	195
the director shall transmit the money to the treasurer of state to	196
be credited to the construction and demolition debris facility	197
oversight fund.	198

(C) If a construction and demolition debris facility or a	199
solid waste facility is located within the territorial boundaries	200
of a municipal corporation or the unincorporated area of a	201
township, the municipal corporation or township may appropriate up	202
to four cents per cubic yard or up to eight cents per ton of the	203
disposal fee required to be paid by the facility under division	204
(A) of this section for the same purposes that a municipal	205
corporation or township may levy a fee under division (C) of	206
section 3734.57 of the Revised Code.	207

The legislative authority of the municipal corporation or	208
township may appropriate the money from the fee by enacting an	209
ordinance or adopting a resolution establishing the amount of the	210
fee to be appropriated. Upon doing so, the legislative authority	211
shall mail a certified copy of the ordinance or resolution to the	212
board of health of the health district in which the construction	213
and demolition debris facility or the solid waste facility is	214
located or, if the facility is located in a health district that	215
is not on the approved list under section 3714.09 of the Revised	216
Code, to the director. Upon receipt of the copy of the ordinance	217
or resolution and not later than forty-five days after receipt of	218
money collected from the fee, the board or the director, as	219
applicable, shall transmit to the treasurer or other appropriate	220
officer of the municipal corporation or clerk of the township that	221
portion of the money collected from the disposal fee by the owner	222
or operator of the facility that is required by the ordinance or	223
resolution to be paid to that municipal corporation or township.	224

Money received by the treasurer or other appropriate officer	225
of a municipal corporation under this division shall be paid into	226
the general fund of the municipal corporation. Money received by	227
the clerk of a township under this division shall be paid into the	228
general fund of the township. The treasurer or other officer of	229
the municipal corporation or the clerk of the township, as	230
appropriate, shall maintain separate records of the money received	231
under this division.	232

The legislative authority of a municipal corporation or	233
township may cease collecting money under this division by	234
repealing the ordinance or resolution that was enacted or adopted	235
under this division.	236

(D) The board of county commissioners of a county in which a	237
construction and demolition debris facility or a solid waste	238
facility is located may appropriate up to three cents per cubic	239
yard or up to six cents per ton of the disposal fee required to be	240
paid by the facility under division (A) of this section for the	241
same purposes that a solid waste management district may levy a	242
fee under division (B) of section 3734.57 of the Revised Code.	243

The board of county commissioners may appropriate the money	244
from the fee by adopting a resolution establishing the amount of	245
the fee to be appropriated. Upon doing so, the board of county	246
commissioners shall mail a certified copy of the resolution to the	247
board of health of the health district in which the construction	248
and demolition debris facility or the solid waste facility is	249
located or, if the facility is located in a health district that	250
is not on the approved list under section 3714.09 of the Revised	251
Code, to the director. Upon receipt of the copy of the resolution	252
and not later than forty-five days after receipt of money	253
collected from the fee, the board of health or the director, as	254
applicable, shall transmit to the treasurer of the county that	255
portion of the money collected from the disposal fee by the owner	256
or operator of the facility that is required by the resolution to	257
be paid to that county.	258

Money received by a county treasurer under this division	259
shall be paid into the general fund of the county. The county	260
treasurer shall maintain separate records of the money received	261
under this division.	262

A board of county commissioners may cease collecting money	263
under this division by repealing the resolution that was adopted	264
under this division.	265

(E)(1) This section does not apply to the disposal of	266
construction and demolition debris at a solid waste facility that	267
is licensed under Chapter 3734. of the Revised Code if there is no	268
construction and demolition debris facility licensed under this	269
chapter within forty miles of the solid waste facility as	270
determined by a facility's property boundaries.	271

(2) This section does not apply to the disposal of	272
construction and demolition debris at a solid waste facility that	273
is licensed under Chapter 3734. of the Revised Code if the owner	274
or operator of the facility collects fees under that chapter on	275
the disposal of the construction and demolition debris.	276

Sec. 3714.09.  (A) The director of environmental protection	277
shall place each health district that is on the approved list	278
under division (A) or (B) of section 3734.08 of the Revised Code	279
on the approved list for the purposes of issuing licenses under	280
section 3714.06 of the Revised Code. Any survey or resurvey of any	281
such health district conducted under section 3734.08 of the	282
Revised Code shall also determine whether there is substantial	283
compliance with this chapter. If the director removes any such	284
health district from the approved list under division (B) of that	285
section, hethe director shall also remove the health district	286
from the approved list under this division and shall administer	287
and enforce this chapter in the health district until the health	288
district is placed on the approved list under division (B) of	289
section 3734.08 of the Revised Code or division (B)(1) of this	290
section.	291

(B)(1) Upon the request of the board of health of a health	292
district that is not on the approved list under division (A) or	293
(B) of section 3734.08 of the Revised Code, the director may place	294
the board on the approved list for the purpose of licensing	295
construction and demolition debris facilities under section	296
3714.06 of the Revised Code if hethe director determines that the	297
board is both capable of and willing to enforce all of the	298
applicable requirements of this chapter and rules adopted under	299
it.	300

(2) The director shall annually survey each health district	301
on the approved list under division (B)(1) of this section to	302
determine whether there is substantial compliance with this	303
chapter and rules adopted under it. Upon determining that there is	304
substantial compliance, the director shall place the health	305
district on the approved list under that division. The director	306
shall make a resurvey when in histhe director's opinion a	307
resurvey is necessary and shall remove from the approved list	308
under division (B)(1) of this section any health district not	309
substantially complying with this chapter and rules adopted under	310
it.	311

(3) If, after a survey or resurvey is made under division	312
(B)(2) of this section, the director determines that a health	313
district is not eligible to be placed on the approved list or to	314
continue on that list, hethe director shall certify that fact to	315
the board of health of the health district and shall administer	316
and enforce this chapter and rules adopted under it in the health	317
district until such time as the health district is placed on the	318
approved list.	319

(4) Whenever the director is required to administer and	320
enforce this chapter in any health district under division (A) or	321
(B)(3) of this section, hethe director is hereby vested with all	322
of the authority and all the duties granted to or imposed upon a	323
board of health under this chapter and rules adopted under it	324
within the health district. All construction and demolition debris	325
facility licensedisposal fees required to be paid to a board of	326
health by section 3714.07 of the Revised Code and all such	327
previous fees paid to the board, together with any money from	328
construction and demolition debris facility license fees that were	329
required to be paid to the board under section 3714.07 of the	330
Revised Code as that section existed prior to the effective date	331
of this amendment, that have not been expended or encumbered shall	332
be paid to the director and by him deposited by the director to	333
the credit of the construction and demolition debris facility	334
oversight fund created in section 3714.07 of the Revised Code.	335

(C) Nothing in this chapter limits the authority of the	336
director to initiate and pursue any administrative remedy or to	337
request the attorney general, the prosecuting attorney of the	338
appropriate county, or the city director of law of the appropriate	339
city to initiate and pursue any appropriate judicial remedy	340
available under this chapter to enforce any provision of this	341
chapter and any rules or terms or conditions of any license or	342
order adopted or issued under this chapter with respect to any	343
construction and demolition debris facility regardless of whether	344
the facility is located in a health district that is on the	345
approved list under division (A) or (B)(1) or (2) of this section.	346

Section 2. That existing sections 3714.01 and 3714.09 and	347
section        Sec. 3714.07.  of the Revised Code are hereby repealed.	348

Section 3. The Construction and Demolition Debris Facility	349
Oversight Fund that is created in section 3714.07 of the Revised	350
Code, as enacted by this act, is a continuation of the	351
Construction and Demolition Debris Facility Oversight Fund that	352
was created in section 3714.07 of the Revised Code, as repealed by	353
this act. Money credited to the Fund under former section 3714.07	354
of the Revised Code shall be used for the purposes specified in	355
section 3714.07 of the Revised Code, as enacted by this act.	356