As Passed by the Senate

125th General Assembly
Regular Session
2003-2004
Am. Sub. H. B. No. 432


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

Senators Spada, Armbruster, Jacobson 

A BILL
To amend sections 3714.01, 3714.09, and 3734.02, to 1
enact new section 3714.07 and sections 3714.021, 2
3714.071, and 3714.072, and to repeal section 3
3714.07 of the Revised Code to replace the 4
construction and demolition debris facility 5
license fee with a fee on the disposal of 6
construction and demolition debris at construction 7
and demolition debris facilities and solid waste 8
facilities, to authorize the Director of 9
Environmental Protection to levy an additional 10
disposal fee at a construction and demolition 11
debris facility to pay for ground water monitoring 12
at construction and demolition debris facilities, 13
to require ground water monitoring at construction 14
and demolition debris facilities under certain 15
circumstances, to revise the definition of 16
"construction and demolition debris," and to 17
extend the term of hazardous waste facility 18
installation and operation permits from five to 19
ten years.20


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

       Section 1. That sections 3714.01, 3714.09, and 3734.02 be 21
amended and new section 3714.07 and sections 3714.021, 3714.071, 22
and 3714.072 of the Revised Code be enacted to read as follows:23

       Sec. 3714.01.  As used in this chapter:24

       (A) "Board of health" means the board of health of a city or 25
general health district or the authority having the duties of a 26
board of health in any city as authorized by section 3709.05 of27
the Revised Code.28

       (B) "Closure" means either the time at which a construction 29
and demolition debris facility will no longer accept construction 30
and demolition debris for disposal or the effective date of an 31
order revoking the license of the facility. The term"Closure"32
includes measures performed to protect public health or safety, to 33
prevent air or water pollution, or to make the facility suitable 34
for other uses, if any, including, without limitation, the 35
establishment and maintenance of suitable cover of soil and36
vegetation over areas where construction and demolition debris is37
buried and the minimization of erosion, the infiltration of38
surface water into such areas, the production of leachate, and the 39
accumulation and runoff of contaminated surface water.40

       (C) "Construction and demolition debris" means those41
materials resulting from the alteration, construction,42
destruction, rehabilitation, or repair of any manmade physical43
structure that is built by humans, including, without limitation, 44
houses, buildings, industrial or commercial facilities, or 45
roadways. "Construction and demolition debris" includes particles 46
and dust created during demolition activities. "Construction and 47
demolition debris" does not include materials identified or listed 48
as solid wastes or hazardous waste pursuant to Chapter 3734. of 49
the Revised Code and rules adopted under it; materials from mining 50
operations, nontoxic fly ash, spent nontoxic foundry sand, and 51
slag; or reinforced or nonreinforced concrete, asphalt, building 52
or paving brick, or building or paving stone that is stored for a 53
period of less than two years for recycling into a usable 54
construction material.55

       (D) "Disposal" means the discharge, deposit, injection,56
dumping, spilling, leaking, emitting, or placing of any57
construction and demolition debris into or on any land or ground58
or surface water or into the air, except if the disposition or59
placement constitutes storage.60

       (E) "Facility" means any site, location, tract of land,61
installation, or building used for the disposal of construction62
and demolition debris. "Facility" does not include any63
construction site where construction debris and trees and brush64
removed in clearing the construction site are used as fill65
material on the site where the materials are generated or removed66
and does not include any site where materials composed exclusively 67
of reinforced or nonreinforced concrete, asphalt, clay tile, 68
building or paving brick, or building or paving stone are used as 69
fill material, either alone or in conjunction with clean soil, 70
sand, gravel, or other clean aggregates, in legitimate fill 71
operations for construction purposes or to bring the site up to a 72
consistent grade.73

       (F) "Health district" means a city or general health district 74
created by or under the authority of Chapter 3709. of the Revised 75
Code.76

       (G) "Person" includes the state, any political subdivision of 77
the state or other state or local body, the United States and any 78
agency or instrumentality thereof, and any legal entity or79
organization defined as a person under section 1.59 of the Revised 80
Code.81

       (H) "Storage" means the holding of construction and82
demolition debris for a temporary period in such a manner that it83
remains retrievable and substantially unchanged and, at the end of 84
the period, is disposed of or reused or recycled in a beneficial 85
manner.86

       Sec. 3714.021. (A) As used in this section, "working face" 87
means the portion of a construction and demolition debris facility 88
where construction and demolition debris is placed for final 89
disposal.90

       (B) The owner or operator of a construction and demolition 91
debris facility that is licensed under this chapter shall attempt 92
to remove all solid wastes from construction and demolition debris 93
prior to the disposal of the construction and demolition debris on 94
the working face of the facility. Except as otherwise provided in 95
this division, the existence of solid wastes on the working face 96
of a construction and demolition debris facility does not 97
constitute a violation of this chapter and rules adopted under it 98
if both of the following apply:99

       (1) The wastes constitute not more than two cubic yards per 100
one thousand cubic yards of construction and demolition debris or 101
four cubic yards per one thousand tons of construction and 102
demolition debris disposed of at the construction and demolition 103
debris facility based on the amount of construction and demolition 104
debris disposed of at the facility on the preceding full business 105
day as determined by using the amount of disposal fees collected 106
under section 3714.07 of the Revised Code for wastes disposed of 107
at the facility on that preceding full business day.108

       (2) The owner or operator or the employees of the facility 109
remove the solid wastes from the working face of the facility.110

       The existence of solid wastes on the working face of a 111
construction and demolition debris facility that is located within 112
the boundaries of a sole source aquifer as described in division 113
(B) of section 3714.03 of the Revised Code constitutes a violation 114
of this chapter and rules adopted under it.115

       (C) The board of health of the health district in which a 116
construction and demolition debris facility is located, the 117
director of environmental protection, or an authorized 118
representative of either shall request the removal of specific, 119
visible solid wastes that are located on the working face of a 120
construction and demolition debris facility, and the owner or 121
operator or the employees of the facility shall remove those solid 122
wastes.123

       Sec. 3714.07.  (A)(1) For the purpose of assisting boards of124
health and the environmental protection agency in administering125
and enforcing this chapter and rules adopted under it, there is126
hereby levied on the disposal of construction and demolition127
debris at a construction and demolition debris facility that is 128
licensed under this chapter or at a solid waste facility that is 129
licensed under Chapter 3734. of the Revised Code a fee of thirty 130
cents per cubic yard or sixty cents per ton, as applicable.131

       (2) The owner or operator of a construction and demolition 132
debris facility or a solid waste facility shall determine if cubic 133
yards or tons will be used as the unit of measurement. In 134
estimating the fee based on cubic yards, the owner or operator 135
shall utilize either the maximum cubic yard capacity of the 136
container, or the hauling volume of the vehicle, that transports 137
the construction and demolition debris to the facility or the 138
cubic yards actually logged for disposal by the owner or operator 139
in accordance with rules adopted under section 3714.02 of the 140
Revised Code. If basing the fee on tonnage, the owner or operator 141
shall use certified scales to determine the tonnage of 142
construction and demolition debris that is transported to the 143
facility for disposal.144

       (3) The owner or operator of a construction and demolition 145
debris facility or a solid waste facility shall collect the fee 146
levied under division (A) of this section as a trustee for the 147
health district having jurisdiction over the facility, if that 148
district is on the approved list under section 3714.09 of the 149
Revised Code, or for the state. The owner or operator shall 150
prepare and file with the appropriate board of health or the 151
director of environmental protection monthly returns indicating 152
the total volume or weight, as applicable, of construction and 153
demolition debris received for disposal at the facility and the 154
total amount of money required to be collected on the construction 155
and demolition debris disposed of during that month. Not later 156
than thirty days after the last day of the month to which the 157
return applies, the owner or operator shall mail to the board of 158
health or the director the return for that month together with the 159
money required to be collected on the construction and demolition 160
debris disposed of during that month. The owner or operator may 161
request, in writing, an extension of not more than thirty days162
after the last day of the month to which the return applies. A 163
request for extension may be denied. If the owner or operator 164
submits the money late, the owner or operator shall pay a penalty 165
of ten per cent of the amount of the money due for each month that 166
it is late.167

       (4) Of the money that is collected from a construction and168
demolition debris facility or a solid waste facility on a per 169
cubic yard or per ton basis under this section, a board of health 170
shall transmit three cents per cubic yard or six cents per ton, as 171
applicable, to the director not later than forty-five days after 172
the receipt of the money. The money retained by a board of health173
under this section shall be paid into a special fund, which is 174
hereby created in each health district, and used solely to 175
administer and enforce this chapter and rules adopted under it.176

       The director shall transmit all money received from the177
boards of health of health districts under this section and all178
money from the disposal fee collected by the director under this179
section to the treasurer of state to be credited to the180
construction and demolition debris facility oversight fund, which181
is hereby created in the state treasury. The fund shall be182
administered by the director, and money credited to the fund shall 183
be used exclusively for the administration and enforcement of this184
chapter and rules adopted under it.185

       (B) The board of health of a health district or the director186
may enter into an agreement with the owner or operator of a187
construction and demolition debris facility or a solid waste 188
facility for the quarterly payment of the money collected from the 189
disposal fee. The board of health shall notify the director of any 190
such agreement. Not later than forty-five days after receipt of 191
the quarterly payment, the board of health shall transmit the 192
amount established in division (A)(5) of this section to the 193
director. The money retained by the board of health shall be 194
deposited in the special fund of the district as required under 195
that division. Upon receipt of the money from a board of health, 196
the director shall transmit the money to the treasurer of state to197
be credited to the construction and demolition debris facility198
oversight fund.199

       (C) If a construction and demolition debris facility or a 200
solid waste facility is located within the territorial boundaries 201
of a municipal corporation or the unincorporated area of a 202
township, the municipal corporation or township may appropriate up 203
to four cents per cubic yard or up to eight cents per ton of the 204
disposal fee required to be paid by the facility under division205
(A) of this section for the same purposes that a municipal 206
corporation or township may levy a fee under division (C) of 207
section 3734.57 of the Revised Code.208

       The legislative authority of the municipal corporation or209
township may appropriate the money from the fee by enacting an210
ordinance or adopting a resolution establishing the amount of the 211
fee to be appropriated. Upon doing so, the legislative authority 212
shall mail a certified copy of the ordinance or resolution to the 213
board of health of the health district in which the construction 214
and demolition debris facility or the solid waste facility is 215
located or, if the facility is located in a health district that 216
is not on the approved list under section 3714.09 of the Revised217
Code, to the director. Upon receipt of the copy of the ordinance 218
or resolution and not later than forty-five days after receipt of 219
money collected from the fee, the board or the director, as 220
applicable, shall transmit to the treasurer or other appropriate 221
officer of the municipal corporation or clerk of the township that 222
portion of the money collected from the disposal fee by the owner 223
or operator of the facility that is required by the ordinance or 224
resolution to be paid to that municipal corporation or township.225

       Money received by the treasurer or other appropriate officer226
of a municipal corporation under this division shall be paid into227
the general fund of the municipal corporation. Money received by228
the clerk of a township under this division shall be paid into the229
general fund of the township. The treasurer or other officer of230
the municipal corporation or the clerk of the township, as231
appropriate, shall maintain separate records of the money received 232
under this division.233

       The legislative authority of a municipal corporation or234
township may cease collecting money under this division by235
repealing the ordinance or resolution that was enacted or adopted236
under this division.237

       (D) The board of county commissioners of a county in which a 238
construction and demolition debris facility or a solid waste 239
facility is located may appropriate up to three cents per cubic 240
yard or up to six cents per ton of the disposal fee required to be 241
paid by the facility under division (A) of this section for the 242
same purposes that a solid waste management district may levy a 243
fee under division (B) of section 3734.57 of the Revised Code.244

        The board of county commissioners may appropriate the money 245
from the fee by adopting a resolution establishing the amount of 246
the fee to be appropriated. Upon doing so, the board of county 247
commissioners shall mail a certified copy of the resolution to the 248
board of health of the health district in which the construction 249
and demolition debris facility or the solid waste facility is 250
located or, if the facility is located in a health district that 251
is not on the approved list under section 3714.09 of the Revised 252
Code, to the director. Upon receipt of the copy of the resolution 253
and not later than forty-five days after receipt of money 254
collected from the fee, the board of health or the director, as 255
applicable, shall transmit to the treasurer of the county that 256
portion of the money collected from the disposal fee by the owner 257
or operator of the facility that is required by the resolution to 258
be paid to that county.259

        Money received by a county treasurer under this division 260
shall be paid into the general fund of the county. The county 261
treasurer shall maintain separate records of the money received 262
under this division.263

        A board of county commissioners may cease collecting money 264
under this division by repealing the resolution that was adopted 265
under this division.266

       (E)(1) This section does not apply to the disposal of 267
construction and demolition debris at a solid waste facility that 268
is licensed under Chapter 3734. of the Revised Code if there is no 269
construction and demolition debris facility licensed under this 270
chapter within forty miles of the solid waste facility as 271
determined by a facility's property boundaries.272

        (2) This section does not apply to the disposal of 273
construction and demolition debris at a solid waste facility that 274
is licensed under Chapter 3734. of the Revised Code if the owner 275
or operator of the facility chooses to collect fees on the 276
disposal of the construction and demolition debris that are 277
identical to the fees that are collected under Chapters 343. and 278
3734. of the Revised Code on the disposal of solid wastes at that 279
facility.280

       Sec. 3714.071.  (A) The director of environmental protection 281
may adopt rules under Chapter 119. of the Revised Code for the 282
purpose of levying a fee of not more than five cents per cubic 283
yard or ten cents per cubic ton on the disposal of construction 284
and demolition debris at a construction and demolition debris 285
facility that is licensed under this chapter. Such a fee shall be 286
in addition to the fee that is levied under section 3714.07 of the 287
Revised Code. If the director adopts rules under this section 288
establishing a fee on the disposal of construction and demolition 289
debris at a construction and demolition debris facility, the rules 290
shall be subject to review every two years by the joint committee 291
on agency rule review.292

       The owner or operator of a construction and demolition debris 293
facility shall collect the fee levied under rules adopted under 294
this section as a trustee for the health district having 295
jurisdiction over the facility, if that district is on the 296
approved list under section 3714.09 of the Revised Code, or for 297
the state. The owner or operator shall collect and remit the fee 298
in the same manner that the fee levied under section 3714.07 of 299
the Revised Code is collected and remitted.300

       A board of health shall transmit the money received from the 301
owner or operator of a facility under this section to the director 302
of environmental protection not later than forty-five days after 303
the receipt of the money. The director shall transmit all money so 304
received to the treasurer of state to be credited to the 305
construction and demolition debris facility ground water 306
monitoring fund, which is hereby created in the state treasury. 307
The director shall administer the fund and shall use money 308
credited to it solely for the purposes specified in division (B) 309
of this section.310

       (B) The director shall purchase ground water monitoring 311
equipment for and pay the cost of conducting ground water 312
monitoring at a construction and demolition debris facility in 313
accordance with either of the following, as applicable:314

       (1) If the facility is operating before the effective date of 315
this section and the facility has not had ground water monitoring 316
equipment installed and operating before that date, the director 317
shall pay the cost of the purchase and installation of ground 318
water monitoring equipment for and the conducting of annual ground 319
water monitoring at the facility.320

       (2) If the facility is operating before the effective date of 321
this section and the facility has had ground water monitoring 322
equipment installed and operating before that date, the director 323
shall pay the cost of the purchase and installation of additional 324
ground water monitoring equipment and the conducting of annual 325
ground water monitoring at the facility that exceeds the amount 326
certified under division (C) of this section by the owner or 327
operator of the facility.328

       (C) For purposes of division (B)(2) of this section, the 329
owner or operator of a construction and demolition debris facility 330
that is operating before the effective date of this section and 331
that has had ground water monitoring equipment installed and 332
operating before that date shall certify to the director the 333
annual cost of ground water monitoring at the facility.334

       (D) The director shall determine the priority of the 335
purchases of ground water monitoring equipment and the payment of 336
the costs of conducting monitoring of ground water as provided in 337
division (B) of this section. However, the director shall not 338
purchase ground water monitoring equipment or pay the costs of 339
conducting monitoring of ground water if the fund does not have 340
sufficient money to pay those costs.341

       Sec. 3714.072.  The owner or operator of a construction and 342
demolition debris facility that is licensed under this chapter 343
shall conduct ground water monitoring to detect negative impacts 344
to ground water quality unless the director of environmental 345
protection determines that it is unlikely that a negative impact 346
to the public health or the environment would occur due to the 347
physical characteristics of the location of the facility.348

       Sec. 3714.09.  (A) The director of environmental protection 349
shall place each health district that is on the approved list 350
under division (A) or (B) of section 3734.08 of the Revised Code 351
on the approved list for the purposes of issuing licenses under 352
section 3714.06 of the Revised Code. Any survey or resurvey of any 353
such health district conducted under section 3734.08 of the 354
Revised Code shall also determine whether there is substantial 355
compliance with this chapter. If the director removes any such 356
health district from the approved list under division (B) of that 357
section, hethe director shall also remove the health district 358
from the approved list under this division and shall administer 359
and enforce this chapter in the health district until the health 360
district is placed on the approved list under division (B) of 361
section 3734.08 of the Revised Code or division (B)(1) of this 362
section.363

       (B)(1) Upon the request of the board of health of a health364
district that is not on the approved list under division (A) or365
(B) of section 3734.08 of the Revised Code, the director may place 366
the board on the approved list for the purpose of licensing367
construction and demolition debris facilities under section368
3714.06 of the Revised Code if hethe director determines that the 369
board is both capable of and willing to enforce all of the 370
applicable requirements of this chapter and rules adopted under 371
it.372

       (2) The director shall annually survey each health district 373
on the approved list under division (B)(1) of this section to 374
determine whether there is substantial compliance with this 375
chapter and rules adopted under it. Upon determining that there is 376
substantial compliance, the director shall place the health 377
district on the approved list under that division. The director 378
shall make a resurvey when in histhe director's opinion a 379
resurvey is necessary and shall remove from the approved list 380
under division (B)(1) of this section any health district not 381
substantially complying with this chapter and rules adopted under 382
it.383

       (3) If, after a survey or resurvey is made under division384
(B)(2) of this section, the director determines that a health385
district is not eligible to be placed on the approved list or to386
continue on that list, hethe director shall certify that fact to 387
the board of health of the health district and shall administer 388
and enforce this chapter and rules adopted under it in the health 389
district until such time as the health district is placed on the 390
approved list.391

       (4) Whenever the director is required to administer and392
enforce this chapter in any health district under division (A) or393
(B)(3) of this section, hethe director is hereby vested with all 394
of the authority and all the duties granted to or imposed upon a 395
board of health under this chapter and rules adopted under it 396
within the health district. All construction and demolition debris397
facility licensedisposal fees required to be paid to a board of 398
health by section 3714.07 of the Revised Code and all such 399
previous fees paid to the board, together with any money from 400
construction and demolition debris facility license fees that were 401
required to be paid to the board under section 3714.07 of the 402
Revised Code as that section existed prior to the effective date 403
of this amendment, that have not been expended or encumbered shall404
be paid to the director and by him deposited by the director to 405
the credit of the construction and demolition debris facility 406
oversight fund created in section 3714.07 of the Revised Code.407

       (C) Nothing in this chapter limits the authority of the408
director to initiate and pursue any administrative remedy or to409
request the attorney general, the prosecuting attorney of the410
appropriate county, or the city director of law of the appropriate 411
city to initiate and pursue any appropriate judicial remedy 412
available under this chapter to enforce any provision of this 413
chapter and any rules or terms or conditions of any license or 414
order adopted or issued under this chapter with respect to any415
construction and demolition debris facility regardless of whether416
the facility is located in a health district that is on the417
approved list under division (A) or (B)(1) or (2) of this section.418

       Sec. 3734.02.  (A) The director of environmental protection, 419
in accordance with Chapter 119. of the Revised Code, shall adopt 420
and may amend, suspend, or rescind rules having uniform 421
application throughout the state governing solid waste facilities 422
and the inspections of and issuance of permits and licenses for 423
all solid waste facilities in order to ensure that the facilities 424
will be located, maintained, and operated, and will undergo 425
closure and post-closure care, in a sanitary manner so as not to 426
create a nuisance, cause or contribute to water pollution, create 427
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R. 428
257.3-8, as amended. The rules may include, without limitation, 429
financial assurance requirements for closure and post-closure care 430
and corrective action and requirements for taking corrective 431
action in the event of the surface or subsurface discharge or 432
migration of explosive gases or leachate from a solid waste 433
facility, or of ground water contamination resulting from the 434
transfer or disposal of solid wastes at a facility, beyond the 435
boundaries of any area within a facility that is operating or is 436
undergoing closure or post-closure care where solid wastes were 437
disposed of or are being disposed of. The rules shall not concern 438
or relate to personnel policies, salaries, wages, fringe benefits, 439
or other conditions of employment of employees of persons owning 440
or operating solid waste facilities. The director, in accordance 441
with Chapter 119. of the Revised Code, shall adopt and may amend, 442
suspend, or rescind rules governing the issuance, modification, 443
revocation, suspension, or denial of variances from the director's 444
solid waste rules, including, without limitation, rules adopted 445
under this chapter governing the management of scrap tires.446

       Variances shall be issued, modified, revoked, suspended, or447
rescinded in accordance with this division, rules adopted under448
it, and Chapter 3745. of the Revised Code. The director may order 449
the person to whom a variance is issued to take such action within 450
such time as the director may determine to be appropriate and 451
reasonable to prevent the creation of a nuisance or a hazard to 452
the public health or safety or the environment. Applications for 453
variances shall contain such detail plans, specifications, and 454
information regarding objectives, procedures, controls, and other 455
pertinent data as the director may require. The director shall 456
grant a variance only if the applicant demonstrates to the457
director's satisfaction that construction and operation of the458
solid waste facility in the manner allowed by the variance and any 459
terms or conditions imposed as part of the variance will not460
create a nuisance or a hazard to the public health or safety or461
the environment. In granting any variance, the director shall462
state the specific provision or provisions whose terms are to be463
varied and also shall state specific terms or conditions imposed464
upon the applicant in place of the provision or provisions. The465
director may hold a public hearing on an application for a466
variance or renewal of a variance at a location in the county467
where the operations that are the subject of the application for468
the variance are conducted. The director shall give not less than 469
twenty days' notice of the hearing to the applicant by certified 470
mail and shall publish at least one notice of the hearing in a 471
newspaper with general circulation in the county where the hearing 472
is to be held. The director shall make available for public 473
inspection at the principal office of the environmental protection 474
agency a current list of pending applications for variances and a 475
current schedule of pending variance hearings. The director shall 476
make a complete stenographic record of testimony and other 477
evidence submitted at the hearing. Within ten days after the 478
hearing, the director shall make a written determination to issue, 479
renew, or deny the variance and shall enter the determination and 480
the basis for it into the record of the hearing. The director 481
shall issue, renew, or deny an application for a variance or 482
renewal of a variance within six months of the date upon which the 483
director receives a complete application with all pertinent 484
information and data required. No variance shall be issued, 485
revoked, modified, or denied until the director has considered the 486
relative interests of the applicant, other persons and property 487
affected by the variance, and the general public. Any variance 488
granted under this division shall be for a period specified by the 489
director and may be renewed from time to time on such terms and 490
for such periods as the director determines to be appropriate. No491
application shall be denied and no variance shall be revoked or492
modified without a written order stating the findings upon which493
the denial, revocation, or modification is based. A copy of the494
order shall be sent to the applicant or variance holder by495
certified mail.496

       (B) The director shall prescribe and furnish the forms497
necessary to administer and enforce this chapter. The director may 498
cooperate with and enter into agreements with other state, local, 499
or federal agencies to carry out the purposes of this chapter. The 500
director may exercise all incidental powers necessary to carry out 501
the purposes of this chapter.502

       The director may use moneys in the infectious waste503
management fund created in section 3734.021 of the Revised Code504
exclusively for administering and enforcing the provisions of this 505
chapter governing the management of infectious wastes. Of each 506
registration and renewal fee collected under rules adopted under 507
division (A)(2)(a) of section 3734.021 or under section 3734.022 508
of the Revised Code, the director, within forty-five days of its 509
receipt, shall remit from the fund one-half of the fee received to 510
the board of health of the health district in which the registered 511
premises is located, or, in the instance of an infectious wastes 512
transporter, to the board of health of the health district in 513
which the transporter's principal place of business is located. 514
However, if the board of health having jurisdiction over a 515
registrant's premises or principal place of business is not on the 516
approved list under section 3734.08 of the Revised Code, the 517
director shall not make that payment to the board of health.518

       (C) Except as provided in this division and divisions (N)(2) 519
and (3) of this section, no person shall establish a new solid520
waste facility or infectious waste treatment facility, or modify521
an existing solid waste facility or infectious waste treatment522
facility, without submitting an application for a permit with523
accompanying detail plans, specifications, and information524
regarding the facility and method of operation and receiving a525
permit issued by the director, except that no permit shall be526
required under this division to install or operate a solid waste527
facility for sewage sludge treatment or disposal when the528
treatment or disposal is authorized by a current permit issued529
under Chapter 3704. or 6111. of the Revised Code.530

       No person shall continue to operate a solid waste facility531
for which the director has denied a permit for which an532
application was required under division (A)(3) of section 3734.05533
of the Revised Code, or for which the director has disapproved534
plans and specifications required to be filed by an order issued535
under division (A)(5) of that section, after the date prescribed536
for commencement of closure of the facility in the order issued537
under division (A)(6) of section 3734.05 of the Revised Code538
denying the permit application or approval.539

       On and after the effective date of the rules adopted under540
division (A) of this section and division (D) of section 3734.12541
of the Revised Code governing solid waste transfer facilities, no542
person shall establish a new, or modify an existing, solid waste543
transfer facility without first submitting an application for a544
permit with accompanying engineering detail plans, specifications, 545
and information regarding the facility and its method of operation 546
to the director and receiving a permit issued by the director.547

       No person shall establish a new compost facility or continue 548
to operate an existing compost facility that accepts exclusively 549
source separated yard wastes without submitting a completed 550
registration for the facility to the director in accordance with 551
rules adopted under divisions (A) and (N)(3) of this section.552

       This division does not apply to an infectious waste treatment 553
facility that meets any of the following conditions:554

       (1) Is owned or operated by the generator of the wastes and 555
exclusively treats, by methods, techniques, and practices556
established by rules adopted under division (C)(1) or (3) of557
section 3734.021 of the Revised Code, wastes that are generated at 558
any premises owned or operated by that generator regardless of559
whether the wastes are generated on the premises where the560
generator's treatment facility is located or, if the generator is561
a hospital as defined in section 3727.01 of the Revised Code,562
infectious wastes that are described in division (A)(1)(g), (h), 563
or (i) of section 3734.021 of the Revised Code;564

       (2) Holds a license or renewal of a license to operate a 565
crematory facility issued under Chapter 4717. and a permit issued 566
under Chapter 3704. of the Revised Code;567

       (3) Treats or disposes of dead animals or parts thereof, or 568
the blood of animals, and is subject to any of the following:569

       (a) Inspection under the "Federal Meat Inspection Act," 81570
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;571

       (b) Chapter 918. of the Revised Code;572

       (c) Chapter 953. of the Revised Code.573

       (D) Neither this chapter nor any rules adopted under it apply 574
to single-family residential premises; to infectious wastes575
generated by individuals for purposes of their own care or576
treatment that are disposed of with solid wastes from the577
individual's residence; to the temporary storage of solid wastes,578
other than scrap tires, prior to their collection for disposal; to 579
the storage of one hundred or fewer scrap tires unless they are 580
stored in such a manner that, in the judgment of the director or 581
the board of health of the health district in which the scrap582
tires are stored, the storage causes a nuisance, a hazard to583
public health or safety, or a fire hazard; or to the collection of 584
solid wastes, other than scrap tires, by a political subdivision 585
or a person holding a franchise or license from a political 586
subdivision of the state; to composting, as defined in section 587
1511.01 of the Revised Code, conducted in accordance with section 588
1511.022 of the Revised Code; or to any person who is licensed to 589
transport raw rendering material to a compost facility pursuant to 590
section 953.23 of the Revised Code.591

       (E)(1) As used in this division:592

       (a) "On-site facility" means a facility that stores, treats, 593
or disposes of hazardous waste that is generated on the premises 594
of the facility.595

       (b) "Off-site facility" means a facility that stores, treats, 596
or disposes of hazardous waste that is generated off the premises 597
of the facility and includes such a facility that is also an 598
on-site facility.599

       (c) "Satellite facility" means any of the following:600

       (i) An on-site facility that also receives hazardous waste601
from other premises owned by the same person who generates the602
waste on the facility premises;603

       (ii) An off-site facility operated so that all of the604
hazardous waste it receives is generated on one or more premises605
owned by the person who owns the facility;606

       (iii) An on-site facility that also receives hazardous waste 607
that is transported uninterruptedly and directly to the facility608
through a pipeline from a generator who is not the owner of the609
facility.610

       (2) Except as provided in division (E)(3) of this section, no 611
person shall establish or operate a hazardous waste facility, or 612
use a solid waste facility for the storage, treatment, or disposal 613
of any hazardous waste, without a hazardous waste facility 614
installation and operation permit issued in accordance with615
section 3734.05 of the Revised Code and subject to the payment of616
an application fee not to exceed one thousand five hundred617
dollars, payable upon application for a hazardous waste facility618
installation and operation permit and upon application for a619
renewal permit issued under division (H) of section 3734.05 of the 620
Revised Code, to be credited to the hazardous waste facility621
management fund created in section 3734.18 of the Revised Code. 622
The term of a hazardous waste facility installation and operation623
permit shall not exceed fiveten years.624

       In addition to the application fee, there is hereby levied an 625
annual permit fee to be paid by the permit holder upon the626
anniversaries of the date of issuance of the hazardous waste627
facility installation and operation permit and of any subsequent628
renewal permits and to be credited to the hazardous waste facility 629
management fund. Annual permit fees totaling forty thousand 630
dollars or more for any one facility may be paid on a quarterly 631
basis with the first quarterly payment each year being due on the 632
anniversary of the date of issuance of the hazardous waste 633
facility installation and operation permit and of any subsequent 634
renewal permits. The annual permit fee shall be determined for 635
each permit holder by the director in accordance with the 636
following schedule:637

TYPE OF BASIC 638
MANAGEMENT UNIT TYPE OF FACILITY FEE 639
Storage facility using: 640
Containers On-site, off-site, and 641
satellite $ 500 642
Tanks On-site, off-site, and 643
satellite 500 644
Waste pile On-site, off-site, and 645
satellite 3,000 646
Surface impoundment On-site and satellite 8,000 647
Off-site 10,000 648
Disposal facility using: 649
Deep well injection On-site and satellite 15,000 650
Off-site 25,000 651
Landfill On-site and satellite 25,000 652
Off-site 40,000 653
Land application On-site and satellite 2,500 654
Off-site 5,000 655
Surface impoundment On-site and satellite 10,000 656
Off-site 20,000 657
Treatment facility using: 658
Tanks On-site, off-site, and 659
satellite 700 660
Surface impoundment On-site and satellite 8,000 661
Off-site 10,000 662
Incinerator On-site and satellite 5,000 663
Off-site 10,000 664
Other forms 665
of treatment On-site, off-site, and 666
satellite 1,000 667

       A hazardous waste disposal facility that disposes of 668
hazardous waste by deep well injection and that pays the annual 669
permit fee established in section 6111.046 of the Revised Code is 670
not subject to the permit fee established in this division for 671
disposal facilities using deep well injection unless the director 672
determines that the facility is not in compliance with applicable 673
requirements established under this chapter and rules adopted 674
under it.675

       In determining the annual permit fee required by this676
section, the director shall not require additional payments for677
multiple units of the same method of storage, treatment, or678
disposal or for individual units that are used for both storage679
and treatment. A facility using more than one method of storage,680
treatment, or disposal shall pay the permit fee indicated by the681
schedule for each such method.682

       The director shall not require the payment of that portion of 683
an annual permit fee of any permit holder that would apply to a 684
hazardous waste management unit for which a permit has been685
issued, but for which construction has not yet commenced. Once686
construction has commenced, the director shall require the payment 687
of a part of the appropriate fee indicated by the schedule that 688
bears the same relationship to the total fee that the number of 689
days remaining until the next anniversary date at which payment of 690
the annual permit fee is due bears to three hundred sixty-five.691

       The director, by rules adopted in accordance with Chapters692
119. and 3745. of the Revised Code, shall prescribe procedures for 693
collecting the annual permit fee established by this division and 694
may prescribe other requirements necessary to carry out this695
division.696

       (3) The prohibition against establishing or operating a 697
hazardous waste facility without a hazardous waste facility 698
installation and operation permit does not apply to either of the 699
following:700

       (a) A facility that is operating in accordance with a permit701
renewal issued under division (H) of section 3734.05 of the 702
Revised Code, a revision issued under division (I) of that section 703
as it existed prior to August 20, 1996, or a modification issued 704
by the director under division (I) of that section on and after 705
August 20, 1996;706

       (b) Except as provided in division (J) of section 3734.05 of 707
the Revised Code, a facility that will operate or is operating in708
accordance with a permit by rule, or that is not subject to permit 709
requirements, under rules adopted by the director. In accordance 710
with Chapter 119. of the Revised Code, the director shall adopt, 711
and subsequently may amend, suspend, or rescind, rules for the 712
purposes of division (E)(3)(b) of this section. Any rules so 713
adopted shall be consistent with and equivalent to regulations714
pertaining to interim status adopted under the "Resource715
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 716
6921, as amended, except as otherwise provided in this chapter.717

       If a modification is requested or proposed for a facility 718
described in division (E)(3)(a) or (b) of this section, division 719
(I)(7) of section 3734.05 of the Revised Code applies.720

       (F) No person shall store, treat, or dispose of hazardous721
waste identified or listed under this chapter and rules adopted722
under it, regardless of whether generated on or off the premises723
where the waste is stored, treated, or disposed of, or transport724
or cause to be transported any hazardous waste identified or725
listed under this chapter and rules adopted under it to any other726
premises, except at or to any of the following:727

       (1) A hazardous waste facility operating under a permit728
issued in accordance with this chapter;729

       (2) A facility in another state operating under a license or 730
permit issued in accordance with the "Resource Conservation and 731
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as732
amended;733

       (3) A facility in another nation operating in accordance with 734
the laws of that nation;735

       (4) A facility holding a permit issued pursuant to Title I of 736
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86 737
Stat. 1052, 33 U.S.C.A. 1401, as amended;738

       (5) A hazardous waste facility as described in division739
(E)(3)(a) or (b) of this section.740

       (G) The director, by order, may exempt any person generating, 741
collecting, storing, treating, disposing of, or transporting solid 742
wastes or hazardous waste, or processing solid wastes that consist 743
of scrap tires, in such quantities or under such circumstances 744
that, in the determination of the director, are unlikely to 745
adversely affect the public health or safety or the environment 746
from any requirement to obtain a registration certificate, permit, 747
or license or comply with the manifest system or other 748
requirements of this chapter. Such an exemption shall be 749
consistent with and equivalent to any regulations adopted by the 750
administrator of the United States environmental protection agency 751
under the "Resource Conservation and Recovery Act of 1976," 90 752
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise 753
provided in this chapter.754

       (H) No person shall engage in filling, grading, excavating, 755
building, drilling, or mining on land where a hazardous waste 756
facility, or a solid waste facility, was operated without prior 757
authorization from the director, who shall establish the procedure 758
for granting such authorization by rules adopted in accordance 759
with Chapter 119. of the Revised Code.760

       A public utility that has main or distribution lines above or 761
below the land surface located on an easement or right-of-way762
across land where a solid waste facility was operated may engage763
in any such activity within the easement or right-of-way without764
prior authorization from the director for purposes of performing765
emergency repair or emergency replacement of its lines; of the766
poles, towers, foundations, or other structures supporting or767
sustaining any such lines; or of the appurtenances to those768
structures, necessary to restore or maintain existing public769
utility service. A public utility may enter upon any such easement 770
or right-of-way without prior authorization from the director for 771
purposes of performing necessary or routine maintenance of those 772
portions of its existing lines; of the existing poles, towers, 773
foundations, or other structures sustaining or supporting its 774
lines; or of the appurtenances to any such supporting or 775
sustaining structure, located on or above the land surface on any 776
such easement or right-of-way. Within twenty-four hours after 777
commencing any such emergency repair, replacement, or maintenance 778
work, the public utility shall notify the director or the 779
director's authorized representative of those activities and shall 780
provide such information regarding those activities as the 781
director or the director's representative may request. Upon 782
completion of the emergency repair, replacement, or maintenance 783
activities, the public utility shall restore any land of the solid 784
waste facility disturbed by those activities to the condition 785
existing prior to the commencement of those activities.786

       (I) No owner or operator of a hazardous waste facility, in787
the operation of the facility, shall cause, permit, or allow the788
emission therefrom of any particulate matter, dust, fumes, gas,789
mist, smoke, vapor, or odorous substance that, in the opinion of790
the director, unreasonably interferes with the comfortable791
enjoyment of life or property by persons living or working in the792
vicinity of the facility, or that is injurious to public health. 793
Any such action is hereby declared to be a public nuisance.794

       (J) Notwithstanding any other provision of this chapter, in 795
the event the director finds an imminent and substantial danger to 796
public health or safety or the environment that creates an 797
emergency situation requiring the immediate treatment, storage, or 798
disposal of hazardous waste, the director may issue a temporary 799
emergency permit to allow the treatment, storage, or disposal of 800
the hazardous waste at a facility that is not otherwise authorized 801
by a hazardous waste facility installation and operation permit to 802
treat, store, or dispose of the waste. The emergency permit shall 803
not exceed ninety days in duration and shall not be renewed. The 804
director shall adopt, and may amend, suspend, or rescind, rules in 805
accordance with Chapter 119. of the Revised Code governing the 806
issuance, modification, revocation, and denial of emergency 807
permits.808

       (K) No owner or operator of a sanitary landfill shall809
knowingly accept for disposal, or dispose of, any infectious810
wastes, other than those subject to division (A)(1)(c) of section811
3734.021 of the Revised Code, that have not been treated to render 812
them noninfectious. For the purposes of this division,813
certification by the owner or operator of the treatment facility814
where the wastes were treated on the shipping paper required by815
rules adopted under division (D)(2) of that section creates a816
rebuttable presumption that the wastes have been so treated.817

       (L) The director, in accordance with Chapter 119. of the818
Revised Code, shall adopt, and may amend, suspend, or rescind,819
rules having uniform application throughout the state establishing 820
a training and certification program that shall be required for 821
employees of boards of health who are responsible for enforcing 822
the solid waste and infectious waste provisions of this chapter 823
and rules adopted under them and for persons who are responsible 824
for the operation of solid waste facilities or infectious waste 825
treatment facilities. The rules shall provide all of the 826
following, without limitation:827

       (1) The program shall be administered by the director and828
shall consist of a course on new solid waste and infectious waste829
technologies, enforcement procedures, and rules;830

       (2) The course shall be offered on an annual basis;831

       (3) Those persons who are required to take the course under 832
division (L) of this section shall do so triennially;833

       (4) Persons who successfully complete the course shall be834
certified by the director;835

       (5) Certification shall be required for all employees of836
boards of health who are responsible for enforcing the solid waste 837
or infectious waste provisions of this chapter and rules adopted 838
under them and for all persons who are responsible for the 839
operation of solid waste facilities or infectious waste treatment 840
facilities;841

       (6)(a) All employees of a board of health who, on the842
effective date of the rules adopted under this division, are843
responsible for enforcing the solid waste or infectious waste844
provisions of this chapter and the rules adopted under them shall845
complete the course and be certified by the director not later846
than January 1, 1995;847

       (b) All employees of a board of health who, after the848
effective date of the rules adopted under division (L) of this 849
section, become responsible for enforcing the solid waste or850
infectious waste provisions of this chapter and rules adopted 851
under them and who do not hold a current and valid certification 852
from the director at that time shall complete the course and be 853
certified by the director within two years after becoming 854
responsible for performing those activities.855

       No person shall fail to obtain the certification required856
under this division.857

       (M) The director shall not issue a permit under section858
3734.05 of the Revised Code to establish a solid waste facility,859
or to modify a solid waste facility operating on December 21,860
1988, in a manner that expands the disposal capacity or geographic 861
area covered by the facility, that is or is to be located within 862
the boundaries of a state park established or dedicated under 863
Chapter 1541. of the Revised Code, a state park purchase area 864
established under section 1541.02 of the Revised Code, any unit of 865
the national park system, or any property that lies within the 866
boundaries of a national park or recreation area, but that has not 867
been acquired or is not administered by the secretary of the 868
United States department of the interior, located in this state, 869
or any candidate area located in this state and identified for 870
potential inclusion in the national park system in the edition of 871
the "national park system plan" submitted under paragraph (b) of 872
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 873
U.S.C.A. 1a-5, as amended, current at the time of filing of the 874
application for the permit, unless the facility or proposed 875
facility is or is to be used exclusively for the disposal of solid 876
wastes generated within the park or recreation area and the 877
director determines that the facility or proposed facility will 878
not degrade any of the natural or cultural resources of the park 879
or recreation area. The director shall not issue a variance under 880
division (A) of this section and rules adopted under it, or issue 881
an exemption order under division (G) of this section, that would 882
authorize any such establishment or expansion of a solid waste 883
facility within the boundaries of any such park or recreation 884
area, state park purchase area, or candidate area, other than a 885
solid waste facility exclusively for the disposal of solid wastes 886
generated within the park or recreation area when the director 887
determines that the facility will not degrade any of the natural 888
or cultural resources of the park or recreation area.889

       (N)(1) The rules adopted under division (A) of this section, 890
other than those governing variances, do not apply to scrap tire 891
collection, storage, monocell, monofill, and recovery facilities. 892
Those facilities are subject to and governed by rules adopted 893
under sections 3734.70 to 3734.73 of the Revised Code, as 894
applicable.895

       (2) Division (C) of this section does not apply to scrap tire 896
collection, storage, monocell, monofill, and recovery facilities. 897
The establishment and modification of those facilities are subject 898
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised 899
Code, as applicable.900

       (3) The director may adopt, amend, suspend, or rescind rules901
under division (A) of this section creating an alternative system 902
for authorizing the establishment, operation, or modification of a903
solid waste compost facility in lieu of the requirement that a904
person seeking to establish, operate, or modify a solid waste905
compost facility apply for and receive a permit under division (C)906
of this section and section 3734.05 of the Revised Code and a907
license under division (A)(1) of that section. The rules may908
include requirements governing, without limitation, the 909
classification of solid waste compost facilities, the submittal of 910
operating records for solid waste compost facilities, and the 911
creation of a registration or notification system in lieu of the 912
issuance of permits and licenses for solid waste compost 913
facilities. The rules shall specify the applicability of divisions 914
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised 915
Code to a solid waste compost facility.916

       Section 2. That existing sections 3714.01, 3714.09, and 917
3734.02 and section        Sec. 3714.07.  of the Revised Code are hereby 918
repealed.919

       Section 3. The Construction and Demolition Debris Facility920
Oversight Fund that is created in section 3714.07 of the Revised921
Code, as enacted by this act, is a continuation of the922
Construction and Demolition Debris Facility Oversight Fund that923
was created in section 3714.07 of the Revised Code, as repealed by924
this act. Money credited to the Fund under former section 3714.07925
of the Revised Code shall be used for the purposes specified in926
section 3714.07 of the Revised Code, as enacted by this act.927

       Section 4.  The term of ten years for a hazardous waste 928
facility installation and operation permit that is established in 929
section 3734.02 of the Revised Code, as amended by this act, 930
applies to initial and renewal permits that are issued on or after 931
the effective date of this act.932