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

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.	44

(D) "Disposal" means the discharge, deposit, injection,	45
dumping, spilling, leaking, emitting, or placing of any	46
construction and demolition debris into or on any land or ground	47
or surface water or into the air, except if the disposition or	48
placement constitutes storage.	49

(E) "Facility" means any site, location, tract of land,	50
installation, or building used for the disposal of construction	51
and demolition debris. "Facility" does not include any	52
construction site where construction debris and trees and brush	53
removed in clearing the construction site are used as fill	54
material on the site where the materials are generated or removed	55
and does not include any site where materials composed exclusively	56
of reinforced or nonreinforced concrete, asphalt, clay tile,	57
building or paving brick, or building or paving stone are used as	58
fill material, either alone or in conjunction with clean soil,	59
sand, gravel, or other clean aggregates, in legitimate fill	60
operations for construction purposes or to bring the site up to a	61
consistent grade.	62

(F) "Health district" means a city or general health district	63
created by or under the authority of Chapter 3709. of the Revised	64
Code.	65

(G) "Person" includes the state, any political subdivision of	66
the state or other state or local body, the United States and any	67
agency or instrumentality thereof, and any legal entity or	68
organization defined as a person under section 1.59 of the Revised	69
Code.	70

(H) "Storage" means the holding of construction and	71
demolition debris for a temporary period in such a manner that it	72
remains retrievable and substantially unchanged and, at the end of	73
the period, is disposed of or reused or recycled in a beneficial	74
manner.	75

Sec. 3714.021. (A) As used in this section, "working face"	76
means the portion of a construction and demolition debris facility	77
where construction and demolition debris is placed for final	78
disposal.	79

(B) The owner or operator of a construction and demolition	80
debris facility that is licensed under this chapter shall attempt	81
to remove all solid wastes from construction and demolition debris	82
prior to the disposal of the construction and demolition debris on	83
the working face of the facility. Except as otherwise provided in	84
this division, the existence of solid wastes on the working face	85
of a construction and demolition debris facility does not	86
constitute a violation of this chapter and rules adopted under it	87
if either of the following applies:	88

(1) The wastes constitute not more than two cubic yards per	89
one thousand cubic yards of construction and demolition debris or	90
four cubic yards per one thousand tons of construction and	91
demolition debris disposed of at the construction and demolition	92
debris facility based on the amount of construction and demolition	93
debris disposed of at the facility on the preceding full business	94
day as determined by using the amount of disposal fees collected	95
under section 3714.07 of the Revised Code for wastes disposed of	96
at the facility on that preceding full business day.	97

(2) The owner or operator or the employees of the facility	98
remove the solid wastes from the working face of the facility.	99

The existence of solid wastes on the working face of a	100
construction and demolition debris facility that is located within	101
the boundaries of a sole source aquifer as described in division	102
(B) of section 3714.03 of the Revised Code constitutes a violation	103
of this chapter and rules adopted under it.	104

(C) The board of health of the health district in which a	105
construction and demolition debris facility is located, the	106
director of environmental protection, or an authorized	107
representative of either may request the removal of specific,	108
visible solid wastes that are located on the working face of a	109
construction and demolition debris facility. The owner or operator	110
or the employees of the facility shall remove those solid wastes	111
if so requested.	112

Sec. 3714.07.  (A)(1) For the purpose of assisting boards of	113
health and the environmental protection agency in administering	114
and enforcing this chapter and rules adopted under it, there is	115
hereby levied on the disposal of construction and demolition	116
debris at a construction and demolition debris facility that is	117
licensed under this chapter or at a solid waste facility that is	118
licensed under Chapter 3734. of the Revised Code a fee of thirty	119
cents per cubic yard or sixty cents per ton, as applicable.	120

(2) If construction and demolition debris is disposed of at a	121
construction and demolition debris facility, the owner or operator	122
of the facility shall determine if cubic yards or tons will be	123
used as the unit of measurement. In estimating the fee based on	124
cubic yards, the owner or operator shall utilize either the	125
maximum cubic yard capacity of the container, or the hauling	126
volume of the vehicle, that transports the construction and	127
demolition debris to the facility or the cubic yards actually	128
logged for disposal by the owner or operator in accordance with	129
rules adopted under section 3714.02 of the Revised Code. If basing	130
the fee on tonnage, the owner or operator shall use certified	131
scales to determine the tonnage of construction and demolition	132
debris that is transported to the facility for disposal.	133

(3) If construction and demolition debris is disposed of at a	134
solid waste facility, the owner or operator of the facility shall	135
assess the fee on a per cubic yard or per ton basis as designated	136
in the solid waste management plan of the solid waste management	137
district in which the facility is located for the collection of	138
the district's solid waste disposal fee pursuant to division (B)	139
of section 3734.57 of the Revised Code.	140

(4) The owner or operator of a construction and demolition	141
debris facility or a solid waste facility shall collect the fee	142
levied under division (A) of this section as a trustee for the	143
health district having jurisdiction over the facility, if that	144
district is on the approved list under section 3714.09 of the	145
Revised Code, or for the state. The owner or operator shall	146
prepare and file with the appropriate board of health or the	147
director of environmental protection monthly returns indicating	148
the total volume or weight, as applicable, of construction and	149
demolition debris received for disposal at the facility and the	150
total amount of money required to be collected on the construction	151
and demolition debris disposed of during that month. Not later	152
than thirty days after the last day of the month to which the	153
return applies, the owner or operator shall mail to the board of	154
health or the director the return for that month together with the	155
money required to be collected on the construction and demolition	156
debris disposed of during that month. The owner or operator may	157
request, in writing, an extension of not more than thirty days	158
after the last day of the month to which the return applies. A	159
request for extension may be denied. If the owner or operator	160
submits the money late, the owner or operator shall pay a penalty	161
of ten per cent of the amount of the money due for each month that	162
it is late.	163

(5) Of the money that is collected from a construction and	164
demolition debris facility or a solid waste facility on a per	165
cubic yard or per ton basis under this section, a board of health	166
shall transmit three cents per cubic yard or six cents per ton, as	167
applicable, to the director not later than forty-five days after	168
the receipt of the money. The money retained by a board of health	169
under this section shall be paid into a special fund, which is	170
hereby created in each health district, and used solely to	171
administer and enforce this chapter and rules adopted under it.	172

The director shall transmit all money received from the	173
boards of health of health districts under this section and all	174
money from the disposal fee collected by the director under this	175
section to the treasurer of state to be credited to the	176
construction and demolition debris facility oversight fund, which	177
is hereby created in the state treasury. The fund shall be	178
administered by the director, and money credited to the fund shall	179
be used exclusively for the administration and enforcement of this	180
chapter and rules adopted under it.	181

(B) The board of health of a health district or the director	182
may enter into an agreement with the owner or operator of a	183
construction and demolition debris facility or a solid waste	184
facility for the quarterly payment of the money collected from the	185
disposal fee. The board of health shall notify the director of any	186
such agreement. Not later than forty-five days after receipt of	187
the quarterly payment, the board of health shall transmit the	188
amount established in division (A)(5) of this section to the	189
director. The money retained by the board of health shall be	190
deposited in the special fund of the district as required under	191
that division. Upon receipt of the money from a board of health,	192
the director shall transmit the money to the treasurer of state to	193
be credited to the construction and demolition debris facility	194
oversight fund.	195

(C) If a construction and demolition debris facility or a	196
solid waste facility is located within the territorial boundaries	197
of a municipal corporation or the unincorporated area of a	198
township, the municipal corporation or township may appropriate up	199
to four cents per cubic yard or up to eight cents per ton of the	200
disposal fee required to be paid by the facility under division	201
(A) of this section for the same purposes that a municipal	202
corporation or township may levy a fee under division (C) of	203
section 3734.57 of the Revised Code.	204

The legislative authority of the municipal corporation or	205
township may appropriate the money from the fee by enacting an	206
ordinance or adopting a resolution establishing the amount of the	207
fee to be appropriated. Upon doing so, the legislative authority	208
shall mail a certified copy of the ordinance or resolution to the	209
board of health of the health district in which the construction	210
and demolition debris facility or the solid waste facility is	211
located or, if the facility is located in a health district that	212
is not on the approved list under section 3714.09 of the Revised	213
Code, to the director. Upon receipt of the copy of the ordinance	214
or resolution and not later than forty-five days after receipt of	215
money collected from the fee, the board or the director, as	216
applicable, shall transmit to the treasurer or other appropriate	217
officer of the municipal corporation or clerk of the township that	218
portion of the money collected from the disposal fee by the owner	219
or operator of the facility that is required by the ordinance or	220
resolution to be paid to that municipal corporation or township.	221

Money received by the treasurer or other appropriate officer	222
of a municipal corporation under this division shall be paid into	223
the general fund of the municipal corporation. Money received by	224
the clerk of a township under this division shall be paid into the	225
general fund of the township. The treasurer or other officer of	226
the municipal corporation or the clerk of the township, as	227
appropriate, shall maintain separate records of the money received	228
under this division.	229

The legislative authority of a municipal corporation or	230
township may cease collecting money under this division by	231
repealing the ordinance or resolution that was enacted or adopted	232
under this division.	233

(D) The board of county commissioners of a county in which a	234
construction and demolition debris facility or a solid waste	235
facility is located may appropriate up to three cents per cubic	236
yard or up to six cents per ton of the disposal fee required to be	237
paid by the facility under division (A) of this section for the	238
same purposes that a solid waste management district may levy a	239
fee under division (B) of section 3734.57 of the Revised Code.	240

The board of county commissioners may appropriate the money	241
from the fee by adopting a resolution establishing the amount of	242
the fee to be appropriated. Upon doing so, the board of county	243
commissioners shall mail a certified copy of the resolution to the	244
board of health of the health district in which the construction	245
and demolition debris facility or the solid waste facility is	246
located or, if the facility is located in a health district that	247
is not on the approved list under section 3714.09 of the Revised	248
Code, to the director. Upon receipt of the copy of the resolution	249
and not later than forty-five days after receipt of money	250
collected from the fee, the board of health or the director, as	251
applicable, shall transmit to the treasurer of the county that	252
portion of the money collected from the disposal fee by the owner	253
or operator of the facility that is required by the resolution to	254
be paid to that county.	255

Money received by a county treasurer under this division	256
shall be paid into the general fund of the county. The county	257
treasurer shall maintain separate records of the money received	258
under this division.	259

A board of county commissioners may cease collecting money	260
under this division by repealing the resolution that was adopted	261
under this division.	262

(E)(1) This section does not apply to the disposal of	263
construction and demolition debris at a solid waste facility that	264
is licensed under Chapter 3734. of the Revised Code if there is no	265
construction and demolition debris facility licensed under this	266
chapter within forty miles of the solid waste facility as	267
determined by a facility's property boundaries.	268

(2) This section does not apply to the disposal of	269
construction and demolition debris at a solid waste facility that	270
is licensed under Chapter 3734. of the Revised Code if the owner	271
or operator of the facility collects fees under that chapter on	272
the disposal of the construction and demolition debris.	273

Sec. 3714.09.  (A) The director of environmental protection	274
shall place each health district that is on the approved list	275
under division (A) or (B) of section 3734.08 of the Revised Code	276
on the approved list for the purposes of issuing licenses under	277
section 3714.06 of the Revised Code. Any survey or resurvey of any	278
such health district conducted under section 3734.08 of the	279
Revised Code shall also determine whether there is substantial	280
compliance with this chapter. If the director removes any such	281
health district from the approved list under division (B) of that	282
section, hethe director shall also remove the health district	283
from the approved list under this division and shall administer	284
and enforce this chapter in the health district until the health	285
district is placed on the approved list under division (B) of	286
section 3734.08 of the Revised Code or division (B)(1) of this	287
section.	288

(B)(1) Upon the request of the board of health of a health	289
district that is not on the approved list under division (A) or	290
(B) of section 3734.08 of the Revised Code, the director may place	291
the board on the approved list for the purpose of licensing	292
construction and demolition debris facilities under section	293
3714.06 of the Revised Code if hethe director determines that the	294
board is both capable of and willing to enforce all of the	295
applicable requirements of this chapter and rules adopted under	296
it.	297

(2) The director shall annually survey each health district	298
on the approved list under division (B)(1) of this section to	299
determine whether there is substantial compliance with this	300
chapter and rules adopted under it. Upon determining that there is	301
substantial compliance, the director shall place the health	302
district on the approved list under that division. The director	303
shall make a resurvey when in histhe director's opinion a	304
resurvey is necessary and shall remove from the approved list	305
under division (B)(1) of this section any health district not	306
substantially complying with this chapter and rules adopted under	307
it.	308

(3) If, after a survey or resurvey is made under division	309
(B)(2) of this section, the director determines that a health	310
district is not eligible to be placed on the approved list or to	311
continue on that list, hethe director shall certify that fact to	312
the board of health of the health district and shall administer	313
and enforce this chapter and rules adopted under it in the health	314
district until such time as the health district is placed on the	315
approved list.	316

(4) Whenever the director is required to administer and	317
enforce this chapter in any health district under division (A) or	318
(B)(3) of this section, hethe director is hereby vested with all	319
of the authority and all the duties granted to or imposed upon a	320
board of health under this chapter and rules adopted under it	321
within the health district. All construction and demolition debris	322
facility licensedisposal fees required to be paid to a board of	323
health by section 3714.07 of the Revised Code and all such	324
previous fees paid to the board, together with any money from	325
construction and demolition debris facility license fees that were	326
required to be paid to the board under section 3714.07 of the	327
Revised Code as that section existed prior to the effective date	328
of this amendment, that have not been expended or encumbered shall	329
be paid to the director and by him deposited by the director to	330
the credit of the construction and demolition debris facility	331
oversight fund created in section 3714.07 of the Revised Code.	332

(C) Nothing in this chapter limits the authority of the	333
director to initiate and pursue any administrative remedy or to	334
request the attorney general, the prosecuting attorney of the	335
appropriate county, or the city director of law of the appropriate	336
city to initiate and pursue any appropriate judicial remedy	337
available under this chapter to enforce any provision of this	338
chapter and any rules or terms or conditions of any license or	339
order adopted or issued under this chapter with respect to any	340
construction and demolition debris facility regardless of whether	341
the facility is located in a health district that is on the	342
approved list under division (A) or (B)(1) or (2) of this section.	343

Section 2. That existing sections 3714.01 and 3714.09 and	344
section        Sec. 3714.07.  of the Revised Code are hereby repealed.	345

Section 3. The Construction and Demolition Debris Facility	346
Oversight Fund that is created in section 3714.07 of the Revised	347
Code, as enacted by this act, is a continuation of the	348
Construction and Demolition Debris Facility Oversight Fund that	349
was created in section 3714.07 of the Revised Code, as repealed by	350
this act. Money credited to the Fund under former section 3714.07	351
of the Revised Code shall be used for the purposes specified in	352
section 3714.07 of the Revised Code, as enacted by this act.	353