As Reported by the Senate Energy, Natural Resources and Environment Committee

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


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

A BILL
To amend sections 3714.01, 3714.09, and 3734.02, to 1
enact new section 3714.07 and section 3714.021, 2
and to repeal section 3714.07 of the Revised Code 3
to replace the construction and demolition debris 4
facility license fee with a fee on the disposal of 5
construction and demolition debris at construction 6
and demolition debris facilities and solid waste 7
facilities, to revise the definition of 8
"construction and demolition debris," and to 9
extend the term of hazardous waste facility 10
installation and operation permits from five to 11
ten years.12


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

       Section 1. That sections 3714.01, 3714.09, and 3734.02 be 13
amended and new section 3714.07 and section 3714.021 of the 14
Revised Code be enacted to read as follows:15

       Sec. 3714.01.  As used in this chapter:16

       (A) "Board of health" means the board of health of a city or 17
general health district or the authority having the duties of a 18
board of health in any city as authorized by section 3709.05 of19
the Revised Code.20

       (B) "Closure" means either the time at which a construction 21
and demolition debris facility will no longer accept construction 22
and demolition debris for disposal or the effective date of an 23
order revoking the license of the facility. The term"Closure"24
includes measures performed to protect public health or safety, to 25
prevent air or water pollution, or to make the facility suitable 26
for other uses, if any, including, without limitation, the 27
establishment and maintenance of suitable cover of soil and28
vegetation over areas where construction and demolition debris is29
buried and the minimization of erosion, the infiltration of30
surface water into such areas, the production of leachate, and the 31
accumulation and runoff of contaminated surface water.32

       (C) "Construction and demolition debris" means those33
materials resulting from the alteration, construction,34
destruction, rehabilitation, or repair of any manmade physical35
structure that is built by humans, including, without limitation, 36
houses, buildings, industrial or commercial facilities, or 37
roadways. "Construction and demolition debris" includes particles 38
and dust created during demolition activities. "Construction and 39
demolition debris" does not include materials identified or listed 40
as solid wastes or hazardous waste pursuant to Chapter 3734. of 41
the Revised Code and rules adopted under it; materials from mining 42
operations, nontoxic fly ash, spent nontoxic foundry sand, and 43
slag; or reinforced or nonreinforced concrete, asphalt, building 44
or paving brick, or building or paving stone that is stored for a 45
period of less than two years for recycling into a usable 46
construction material.47

       (D) "Disposal" means the discharge, deposit, injection,48
dumping, spilling, leaking, emitting, or placing of any49
construction and demolition debris into or on any land or ground50
or surface water or into the air, except if the disposition or51
placement constitutes storage.52

       (E) "Facility" means any site, location, tract of land,53
installation, or building used for the disposal of construction54
and demolition debris. "Facility" does not include any55
construction site where construction debris and trees and brush56
removed in clearing the construction site are used as fill57
material on the site where the materials are generated or removed58
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 or71
organization defined as a person under section 1.59 of the Revised 72
Code.73

       (H) "Storage" means the holding of construction and74
demolition debris for a temporary period in such a manner that it75
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 both of the following apply: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 shall request the removal of specific, 111
visible solid wastes that are located on the working face of a 112
construction and demolition debris facility, and the owner or 113
operator or the employees of the facility shall remove those solid 114
wastes.115

       Sec. 3714.07.  (A)(1) For the purpose of assisting boards of116
health and the environmental protection agency in administering117
and enforcing this chapter and rules adopted under it, there is118
hereby levied on the disposal of construction and demolition119
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) The owner or operator of a construction and demolition 124
debris facility or a solid waste facility shall determine if cubic 125
yards or tons will be used as the unit of measurement. In 126
estimating the fee based on cubic yards, the owner or operator 127
shall utilize either the maximum cubic yard capacity of the 128
container, or the hauling volume of the vehicle, that transports 129
the construction and demolition debris to the facility or the 130
cubic yards actually logged for disposal by the owner or operator 131
in accordance with rules adopted under section 3714.02 of the 132
Revised Code. If basing the fee on tonnage, the owner or operator 133
shall use certified scales to determine the tonnage of 134
construction and demolition debris that is transported to the 135
facility for disposal.136

       (3) The owner or operator of a construction and demolition 137
debris facility or a solid waste facility shall collect the fee 138
levied under division (A) of this section as a trustee for the 139
health district having jurisdiction over the facility, if that 140
district is on the approved list under section 3714.09 of the 141
Revised Code, or for the state. The owner or operator shall 142
prepare and file with the appropriate board of health or the 143
director of environmental protection monthly returns indicating 144
the total volume or weight, as applicable, of construction and 145
demolition debris received for disposal at the facility and the 146
total amount of money required to be collected on the construction 147
and demolition debris disposed of during that month. Not later 148
than thirty days after the last day of the month to which the 149
return applies, the owner or operator shall mail to the board of 150
health or the director the return for that month together with the 151
money required to be collected on the construction and demolition 152
debris disposed of during that month. The owner or operator may 153
request, in writing, an extension of not more than thirty days154
after the last day of the month to which the return applies. A 155
request for extension may be denied. If the owner or operator 156
submits the money late, the owner or operator shall pay a penalty 157
of ten per cent of the amount of the money due for each month that 158
it is late.159

       (4) Of the money that is collected from a construction and160
demolition debris facility or a solid waste facility on a per 161
cubic yard or per ton basis under this section, a board of health 162
shall transmit three cents per cubic yard or six cents per ton, as 163
applicable, to the director not later than forty-five days after 164
the receipt of the money. The money retained by a board of health165
under this section shall be paid into a special fund, which is 166
hereby created in each health district, and used solely to 167
administer and enforce this chapter and rules adopted under it.168

       The director shall transmit all money received from the169
boards of health of health districts under this section and all170
money from the disposal fee collected by the director under this171
section to the treasurer of state to be credited to the172
construction and demolition debris facility oversight fund, which173
is hereby created in the state treasury. The fund shall be174
administered by the director, and money credited to the fund shall 175
be used exclusively for the administration and enforcement of this176
chapter and rules adopted under it.177

       (B) The board of health of a health district or the director178
may enter into an agreement with the owner or operator of a179
construction and demolition debris facility or a solid waste 180
facility for the quarterly payment of the money collected from the 181
disposal fee. The board of health shall notify the director of any 182
such agreement. Not later than forty-five days after receipt of 183
the quarterly payment, the board of health shall transmit the 184
amount established in division (A)(5) of this section to the 185
director. The money retained by the board of health shall be 186
deposited in the special fund of the district as required under 187
that division. Upon receipt of the money from a board of health, 188
the director shall transmit the money to the treasurer of state to189
be credited to the construction and demolition debris facility190
oversight fund.191

       (C) If a construction and demolition debris facility or a 192
solid waste facility is located within the territorial boundaries 193
of a municipal corporation or the unincorporated area of a 194
township, the municipal corporation or township may appropriate up 195
to four cents per cubic yard or up to eight cents per ton of the 196
disposal fee required to be paid by the facility under division197
(A) of this section for the same purposes that a municipal 198
corporation or township may levy a fee under division (C) of 199
section 3734.57 of the Revised Code.200

       The legislative authority of the municipal corporation or201
township may appropriate the money from the fee by enacting an202
ordinance or adopting a resolution establishing the amount of the 203
fee to be appropriated. Upon doing so, the legislative authority 204
shall mail a certified copy of the ordinance or resolution to the 205
board of health of the health district in which the construction 206
and demolition debris facility or the solid waste facility is 207
located or, if the facility is located in a health district that 208
is not on the approved list under section 3714.09 of the Revised209
Code, to the director. Upon receipt of the copy of the ordinance 210
or resolution and not later than forty-five days after receipt of 211
money collected from the fee, the board or the director, as 212
applicable, shall transmit to the treasurer or other appropriate 213
officer of the municipal corporation or clerk of the township that 214
portion of the money collected from the disposal fee by the owner 215
or operator of the facility that is required by the ordinance or 216
resolution to be paid to that municipal corporation or township.217

       Money received by the treasurer or other appropriate officer218
of a municipal corporation under this division shall be paid into219
the general fund of the municipal corporation. Money received by220
the clerk of a township under this division shall be paid into the221
general fund of the township. The treasurer or other officer of222
the municipal corporation or the clerk of the township, as223
appropriate, shall maintain separate records of the money received 224
under this division.225

       The legislative authority of a municipal corporation or226
township may cease collecting money under this division by227
repealing the ordinance or resolution that was enacted or adopted228
under this division.229

       (D) The board of county commissioners of a county in which a 230
construction and demolition debris facility or a solid waste 231
facility is located may appropriate up to three cents per cubic 232
yard or up to six cents per ton of the disposal fee required to be 233
paid by the facility under division (A) of this section for the 234
same purposes that a solid waste management district may levy a 235
fee under division (B) of section 3734.57 of the Revised Code.236

        The board of county commissioners may appropriate the money 237
from the fee by adopting a resolution establishing the amount of 238
the fee to be appropriated. Upon doing so, the board of county 239
commissioners shall mail a certified copy of the resolution to the 240
board of health of the health district in which the construction 241
and demolition debris facility or the solid waste facility is 242
located or, if the facility is located in a health district that 243
is not on the approved list under section 3714.09 of the Revised 244
Code, to the director. Upon receipt of the copy of the resolution 245
and not later than forty-five days after receipt of money 246
collected from the fee, the board of health or the director, as 247
applicable, shall transmit to the treasurer of the county that 248
portion of the money collected from the disposal fee by the owner 249
or operator of the facility that is required by the resolution to 250
be paid to that county.251

        Money received by a county treasurer under this division 252
shall be paid into the general fund of the county. The county 253
treasurer shall maintain separate records of the money received 254
under this division.255

        A board of county commissioners may cease collecting money 256
under this division by repealing the resolution that was adopted 257
under this division.258

       (E)(1) This section does not apply to the disposal of 259
construction and demolition debris at a solid waste facility that 260
is licensed under Chapter 3734. of the Revised Code if there is no 261
construction and demolition debris facility licensed under this 262
chapter within forty miles of the solid waste facility as 263
determined by a facility's property boundaries.264

        (2) This section does not apply to the disposal of 265
construction and demolition debris at a solid waste facility that 266
is licensed under Chapter 3734. of the Revised Code if the owner 267
or operator of the facility chooses to collect fees on the 268
disposal of the construction and demolition debris that are 269
identical to the fees that are collected under Chapters 343. and 270
3734. of the Revised Code on the disposal of solid wastes at that 271
facility.272

       Sec. 3714.09.  (A) The director of environmental protection 273
shall place each health district that is on the approved list 274
under division (A) or (B) of section 3734.08 of the Revised Code 275
on the approved list for the purposes of issuing licenses under 276
section 3714.06 of the Revised Code. Any survey or resurvey of any 277
such health district conducted under section 3734.08 of the 278
Revised Code shall also determine whether there is substantial 279
compliance with this chapter. If the director removes any such 280
health district from the approved list under division (B) of that 281
section, hethe director shall also remove the health district 282
from the approved list under this division and shall administer 283
and enforce this chapter in the health district until the health 284
district is placed on the approved list under division (B) of 285
section 3734.08 of the Revised Code or division (B)(1) of this 286
section.287

       (B)(1) Upon the request of the board of health of a health288
district that is not on the approved list under division (A) or289
(B) of section 3734.08 of the Revised Code, the director may place 290
the board on the approved list for the purpose of licensing291
construction and demolition debris facilities under section292
3714.06 of the Revised Code if hethe director determines that the 293
board is both capable of and willing to enforce all of the 294
applicable requirements of this chapter and rules adopted under 295
it.296

       (2) The director shall annually survey each health district 297
on the approved list under division (B)(1) of this section to 298
determine whether there is substantial compliance with this 299
chapter and rules adopted under it. Upon determining that there is 300
substantial compliance, the director shall place the health 301
district on the approved list under that division. The director 302
shall make a resurvey when in histhe director's opinion a 303
resurvey is necessary and shall remove from the approved list 304
under division (B)(1) of this section any health district not 305
substantially complying with this chapter and rules adopted under 306
it.307

       (3) If, after a survey or resurvey is made under division308
(B)(2) of this section, the director determines that a health309
district is not eligible to be placed on the approved list or to310
continue on that list, hethe director shall certify that fact to 311
the board of health of the health district and shall administer 312
and enforce this chapter and rules adopted under it in the health 313
district until such time as the health district is placed on the 314
approved list.315

       (4) Whenever the director is required to administer and316
enforce this chapter in any health district under division (A) or317
(B)(3) of this section, hethe director is hereby vested with all 318
of the authority and all the duties granted to or imposed upon a 319
board of health under this chapter and rules adopted under it 320
within the health district. All construction and demolition debris321
facility licensedisposal fees required to be paid to a board of 322
health by section 3714.07 of the Revised Code and all such 323
previous fees paid to the board, together with any money from 324
construction and demolition debris facility license fees that were 325
required to be paid to the board under section 3714.07 of the 326
Revised Code as that section existed prior to the effective date 327
of this amendment, that have not been expended or encumbered shall328
be paid to the director and by him deposited by the director to 329
the credit of the construction and demolition debris facility 330
oversight fund created in section 3714.07 of the Revised Code.331

       (C) Nothing in this chapter limits the authority of the332
director to initiate and pursue any administrative remedy or to333
request the attorney general, the prosecuting attorney of the334
appropriate county, or the city director of law of the appropriate 335
city to initiate and pursue any appropriate judicial remedy 336
available under this chapter to enforce any provision of this 337
chapter and any rules or terms or conditions of any license or 338
order adopted or issued under this chapter with respect to any339
construction and demolition debris facility regardless of whether340
the facility is located in a health district that is on the341
approved list under division (A) or (B)(1) or (2) of this section.342

       Sec. 3734.02.  (A) The director of environmental protection, 343
in accordance with Chapter 119. of the Revised Code, shall adopt 344
and may amend, suspend, or rescind rules having uniform 345
application throughout the state governing solid waste facilities 346
and the inspections of and issuance of permits and licenses for 347
all solid waste facilities in order to ensure that the facilities 348
will be located, maintained, and operated, and will undergo 349
closure and post-closure care, in a sanitary manner so as not to 350
create a nuisance, cause or contribute to water pollution, create 351
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R. 352
257.3-8, as amended. The rules may include, without limitation, 353
financial assurance requirements for closure and post-closure care 354
and corrective action and requirements for taking corrective 355
action in the event of the surface or subsurface discharge or 356
migration of explosive gases or leachate from a solid waste 357
facility, or of ground water contamination resulting from the 358
transfer or disposal of solid wastes at a facility, beyond the 359
boundaries of any area within a facility that is operating or is 360
undergoing closure or post-closure care where solid wastes were 361
disposed of or are being disposed of. The rules shall not concern 362
or relate to personnel policies, salaries, wages, fringe benefits, 363
or other conditions of employment of employees of persons owning 364
or operating solid waste facilities. The director, in accordance 365
with Chapter 119. of the Revised Code, shall adopt and may amend, 366
suspend, or rescind rules governing the issuance, modification, 367
revocation, suspension, or denial of variances from the director's 368
solid waste rules, including, without limitation, rules adopted 369
under this chapter governing the management of scrap tires.370

       Variances shall be issued, modified, revoked, suspended, or371
rescinded in accordance with this division, rules adopted under372
it, and Chapter 3745. of the Revised Code. The director may order 373
the person to whom a variance is issued to take such action within 374
such time as the director may determine to be appropriate and 375
reasonable to prevent the creation of a nuisance or a hazard to 376
the public health or safety or the environment. Applications for 377
variances shall contain such detail plans, specifications, and 378
information regarding objectives, procedures, controls, and other 379
pertinent data as the director may require. The director shall 380
grant a variance only if the applicant demonstrates to the381
director's satisfaction that construction and operation of the382
solid waste facility in the manner allowed by the variance and any 383
terms or conditions imposed as part of the variance will not384
create a nuisance or a hazard to the public health or safety or385
the environment. In granting any variance, the director shall386
state the specific provision or provisions whose terms are to be387
varied and also shall state specific terms or conditions imposed388
upon the applicant in place of the provision or provisions. The389
director may hold a public hearing on an application for a390
variance or renewal of a variance at a location in the county391
where the operations that are the subject of the application for392
the variance are conducted. The director shall give not less than 393
twenty days' notice of the hearing to the applicant by certified 394
mail and shall publish at least one notice of the hearing in a 395
newspaper with general circulation in the county where the hearing 396
is to be held. The director shall make available for public 397
inspection at the principal office of the environmental protection 398
agency a current list of pending applications for variances and a 399
current schedule of pending variance hearings. The director shall 400
make a complete stenographic record of testimony and other 401
evidence submitted at the hearing. Within ten days after the 402
hearing, the director shall make a written determination to issue, 403
renew, or deny the variance and shall enter the determination and 404
the basis for it into the record of the hearing. The director 405
shall issue, renew, or deny an application for a variance or 406
renewal of a variance within six months of the date upon which the 407
director receives a complete application with all pertinent 408
information and data required. No variance shall be issued, 409
revoked, modified, or denied until the director has considered the 410
relative interests of the applicant, other persons and property 411
affected by the variance, and the general public. Any variance 412
granted under this division shall be for a period specified by the 413
director and may be renewed from time to time on such terms and 414
for such periods as the director determines to be appropriate. No415
application shall be denied and no variance shall be revoked or416
modified without a written order stating the findings upon which417
the denial, revocation, or modification is based. A copy of the418
order shall be sent to the applicant or variance holder by419
certified mail.420

       (B) The director shall prescribe and furnish the forms421
necessary to administer and enforce this chapter. The director may 422
cooperate with and enter into agreements with other state, local, 423
or federal agencies to carry out the purposes of this chapter. The 424
director may exercise all incidental powers necessary to carry out 425
the purposes of this chapter.426

       The director may use moneys in the infectious waste427
management fund created in section 3734.021 of the Revised Code428
exclusively for administering and enforcing the provisions of this 429
chapter governing the management of infectious wastes. Of each 430
registration and renewal fee collected under rules adopted under 431
division (A)(2)(a) of section 3734.021 or under section 3734.022 432
of the Revised Code, the director, within forty-five days of its 433
receipt, shall remit from the fund one-half of the fee received to 434
the board of health of the health district in which the registered 435
premises is located, or, in the instance of an infectious wastes 436
transporter, to the board of health of the health district in 437
which the transporter's principal place of business is located. 438
However, if the board of health having jurisdiction over a 439
registrant's premises or principal place of business is not on the 440
approved list under section 3734.08 of the Revised Code, the 441
director shall not make that payment to the board of health.442

       (C) Except as provided in this division and divisions (N)(2) 443
and (3) of this section, no person shall establish a new solid444
waste facility or infectious waste treatment facility, or modify445
an existing solid waste facility or infectious waste treatment446
facility, without submitting an application for a permit with447
accompanying detail plans, specifications, and information448
regarding the facility and method of operation and receiving a449
permit issued by the director, except that no permit shall be450
required under this division to install or operate a solid waste451
facility for sewage sludge treatment or disposal when the452
treatment or disposal is authorized by a current permit issued453
under Chapter 3704. or 6111. of the Revised Code.454

       No person shall continue to operate a solid waste facility455
for which the director has denied a permit for which an456
application was required under division (A)(3) of section 3734.05457
of the Revised Code, or for which the director has disapproved458
plans and specifications required to be filed by an order issued459
under division (A)(5) of that section, after the date prescribed460
for commencement of closure of the facility in the order issued461
under division (A)(6) of section 3734.05 of the Revised Code462
denying the permit application or approval.463

       On and after the effective date of the rules adopted under464
division (A) of this section and division (D) of section 3734.12465
of the Revised Code governing solid waste transfer facilities, no466
person shall establish a new, or modify an existing, solid waste467
transfer facility without first submitting an application for a468
permit with accompanying engineering detail plans, specifications, 469
and information regarding the facility and its method of operation 470
to the director and receiving a permit issued by the director.471

       No person shall establish a new compost facility or continue 472
to operate an existing compost facility that accepts exclusively 473
source separated yard wastes without submitting a completed 474
registration for the facility to the director in accordance with 475
rules adopted under divisions (A) and (N)(3) of this section.476

       This division does not apply to an infectious waste treatment 477
facility that meets any of the following conditions:478

       (1) Is owned or operated by the generator of the wastes and 479
exclusively treats, by methods, techniques, and practices480
established by rules adopted under division (C)(1) or (3) of481
section 3734.021 of the Revised Code, wastes that are generated at 482
any premises owned or operated by that generator regardless of483
whether the wastes are generated on the premises where the484
generator's treatment facility is located or, if the generator is485
a hospital as defined in section 3727.01 of the Revised Code,486
infectious wastes that are described in division (A)(1)(g), (h), 487
or (i) of section 3734.021 of the Revised Code;488

       (2) Holds a license or renewal of a license to operate a 489
crematory facility issued under Chapter 4717. and a permit issued 490
under Chapter 3704. of the Revised Code;491

       (3) Treats or disposes of dead animals or parts thereof, or 492
the blood of animals, and is subject to any of the following:493

       (a) Inspection under the "Federal Meat Inspection Act," 81494
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;495

       (b) Chapter 918. of the Revised Code;496

       (c) Chapter 953. of the Revised Code.497

       (D) Neither this chapter nor any rules adopted under it apply 498
to single-family residential premises; to infectious wastes499
generated by individuals for purposes of their own care or500
treatment that are disposed of with solid wastes from the501
individual's residence; to the temporary storage of solid wastes,502
other than scrap tires, prior to their collection for disposal; to 503
the storage of one hundred or fewer scrap tires unless they are 504
stored in such a manner that, in the judgment of the director or 505
the board of health of the health district in which the scrap506
tires are stored, the storage causes a nuisance, a hazard to507
public health or safety, or a fire hazard; or to the collection of 508
solid wastes, other than scrap tires, by a political subdivision 509
or a person holding a franchise or license from a political 510
subdivision of the state; to composting, as defined in section 511
1511.01 of the Revised Code, conducted in accordance with section 512
1511.022 of the Revised Code; or to any person who is licensed to 513
transport raw rendering material to a compost facility pursuant to 514
section 953.23 of the Revised Code.515

       (E)(1) As used in this division:516

       (a) "On-site facility" means a facility that stores, treats, 517
or disposes of hazardous waste that is generated on the premises 518
of the facility.519

       (b) "Off-site facility" means a facility that stores, treats, 520
or disposes of hazardous waste that is generated off the premises 521
of the facility and includes such a facility that is also an 522
on-site facility.523

       (c) "Satellite facility" means any of the following:524

       (i) An on-site facility that also receives hazardous waste525
from other premises owned by the same person who generates the526
waste on the facility premises;527

       (ii) An off-site facility operated so that all of the528
hazardous waste it receives is generated on one or more premises529
owned by the person who owns the facility;530

       (iii) An on-site facility that also receives hazardous waste 531
that is transported uninterruptedly and directly to the facility532
through a pipeline from a generator who is not the owner of the533
facility.534

       (2) Except as provided in division (E)(3) of this section, no 535
person shall establish or operate a hazardous waste facility, or 536
use a solid waste facility for the storage, treatment, or disposal 537
of any hazardous waste, without a hazardous waste facility 538
installation and operation permit issued in accordance with539
section 3734.05 of the Revised Code and subject to the payment of540
an application fee not to exceed one thousand five hundred541
dollars, payable upon application for a hazardous waste facility542
installation and operation permit and upon application for a543
renewal permit issued under division (H) of section 3734.05 of the 544
Revised Code, to be credited to the hazardous waste facility545
management fund created in section 3734.18 of the Revised Code. 546
The term of a hazardous waste facility installation and operation547
permit shall not exceed fiveten years.548

       In addition to the application fee, there is hereby levied an 549
annual permit fee to be paid by the permit holder upon the550
anniversaries of the date of issuance of the hazardous waste551
facility installation and operation permit and of any subsequent552
renewal permits and to be credited to the hazardous waste facility 553
management fund. Annual permit fees totaling forty thousand 554
dollars or more for any one facility may be paid on a quarterly 555
basis with the first quarterly payment each year being due on the 556
anniversary of the date of issuance of the hazardous waste 557
facility installation and operation permit and of any subsequent 558
renewal permits. The annual permit fee shall be determined for 559
each permit holder by the director in accordance with the 560
following schedule:561

TYPE OF BASIC 562
MANAGEMENT UNIT TYPE OF FACILITY FEE 563
Storage facility using: 564
Containers On-site, off-site, and 565
satellite $ 500 566
Tanks On-site, off-site, and 567
satellite 500 568
Waste pile On-site, off-site, and 569
satellite 3,000 570
Surface impoundment On-site and satellite 8,000 571
Off-site 10,000 572
Disposal facility using: 573
Deep well injection On-site and satellite 15,000 574
Off-site 25,000 575
Landfill On-site and satellite 25,000 576
Off-site 40,000 577
Land application On-site and satellite 2,500 578
Off-site 5,000 579
Surface impoundment On-site and satellite 10,000 580
Off-site 20,000 581
Treatment facility using: 582
Tanks On-site, off-site, and 583
satellite 700 584
Surface impoundment On-site and satellite 8,000 585
Off-site 10,000 586
Incinerator On-site and satellite 5,000 587
Off-site 10,000 588
Other forms 589
of treatment On-site, off-site, and 590
satellite 1,000 591

       A hazardous waste disposal facility that disposes of 592
hazardous waste by deep well injection and that pays the annual 593
permit fee established in section 6111.046 of the Revised Code is 594
not subject to the permit fee established in this division for 595
disposal facilities using deep well injection unless the director 596
determines that the facility is not in compliance with applicable 597
requirements established under this chapter and rules adopted 598
under it.599

       In determining the annual permit fee required by this600
section, the director shall not require additional payments for601
multiple units of the same method of storage, treatment, or602
disposal or for individual units that are used for both storage603
and treatment. A facility using more than one method of storage,604
treatment, or disposal shall pay the permit fee indicated by the605
schedule for each such method.606

       The director shall not require the payment of that portion of 607
an annual permit fee of any permit holder that would apply to a 608
hazardous waste management unit for which a permit has been609
issued, but for which construction has not yet commenced. Once610
construction has commenced, the director shall require the payment 611
of a part of the appropriate fee indicated by the schedule that 612
bears the same relationship to the total fee that the number of 613
days remaining until the next anniversary date at which payment of 614
the annual permit fee is due bears to three hundred sixty-five.615

       The director, by rules adopted in accordance with Chapters616
119. and 3745. of the Revised Code, shall prescribe procedures for 617
collecting the annual permit fee established by this division and 618
may prescribe other requirements necessary to carry out this619
division.620

       (3) The prohibition against establishing or operating a 621
hazardous waste facility without a hazardous waste facility 622
installation and operation permit does not apply to either of the 623
following:624

       (a) A facility that is operating in accordance with a permit625
renewal issued under division (H) of section 3734.05 of the 626
Revised Code, a revision issued under division (I) of that section 627
as it existed prior to August 20, 1996, or a modification issued 628
by the director under division (I) of that section on and after 629
August 20, 1996;630

       (b) Except as provided in division (J) of section 3734.05 of 631
the Revised Code, a facility that will operate or is operating in632
accordance with a permit by rule, or that is not subject to permit 633
requirements, under rules adopted by the director. In accordance 634
with Chapter 119. of the Revised Code, the director shall adopt, 635
and subsequently may amend, suspend, or rescind, rules for the 636
purposes of division (E)(3)(b) of this section. Any rules so 637
adopted shall be consistent with and equivalent to regulations638
pertaining to interim status adopted under the "Resource639
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 640
6921, as amended, except as otherwise provided in this chapter.641

       If a modification is requested or proposed for a facility 642
described in division (E)(3)(a) or (b) of this section, division 643
(I)(7) of section 3734.05 of the Revised Code applies.644

       (F) No person shall store, treat, or dispose of hazardous645
waste identified or listed under this chapter and rules adopted646
under it, regardless of whether generated on or off the premises647
where the waste is stored, treated, or disposed of, or transport648
or cause to be transported any hazardous waste identified or649
listed under this chapter and rules adopted under it to any other650
premises, except at or to any of the following:651

       (1) A hazardous waste facility operating under a permit652
issued in accordance with this chapter;653

       (2) A facility in another state operating under a license or 654
permit issued in accordance with the "Resource Conservation and 655
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as656
amended;657

       (3) A facility in another nation operating in accordance with 658
the laws of that nation;659

       (4) A facility holding a permit issued pursuant to Title I of 660
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86 661
Stat. 1052, 33 U.S.C.A. 1401, as amended;662

       (5) A hazardous waste facility as described in division663
(E)(3)(a) or (b) of this section.664

       (G) The director, by order, may exempt any person generating, 665
collecting, storing, treating, disposing of, or transporting solid 666
wastes or hazardous waste, or processing solid wastes that consist 667
of scrap tires, in such quantities or under such circumstances 668
that, in the determination of the director, are unlikely to 669
adversely affect the public health or safety or the environment 670
from any requirement to obtain a registration certificate, permit, 671
or license or comply with the manifest system or other 672
requirements of this chapter. Such an exemption shall be 673
consistent with and equivalent to any regulations adopted by the 674
administrator of the United States environmental protection agency 675
under the "Resource Conservation and Recovery Act of 1976," 90 676
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise 677
provided in this chapter.678

       (H) No person shall engage in filling, grading, excavating, 679
building, drilling, or mining on land where a hazardous waste 680
facility, or a solid waste facility, was operated without prior 681
authorization from the director, who shall establish the procedure 682
for granting such authorization by rules adopted in accordance 683
with Chapter 119. of the Revised Code.684

       A public utility that has main or distribution lines above or 685
below the land surface located on an easement or right-of-way686
across land where a solid waste facility was operated may engage687
in any such activity within the easement or right-of-way without688
prior authorization from the director for purposes of performing689
emergency repair or emergency replacement of its lines; of the690
poles, towers, foundations, or other structures supporting or691
sustaining any such lines; or of the appurtenances to those692
structures, necessary to restore or maintain existing public693
utility service. A public utility may enter upon any such easement 694
or right-of-way without prior authorization from the director for 695
purposes of performing necessary or routine maintenance of those 696
portions of its existing lines; of the existing poles, towers, 697
foundations, or other structures sustaining or supporting its 698
lines; or of the appurtenances to any such supporting or 699
sustaining structure, located on or above the land surface on any 700
such easement or right-of-way. Within twenty-four hours after 701
commencing any such emergency repair, replacement, or maintenance 702
work, the public utility shall notify the director or the 703
director's authorized representative of those activities and shall 704
provide such information regarding those activities as the 705
director or the director's representative may request. Upon 706
completion of the emergency repair, replacement, or maintenance 707
activities, the public utility shall restore any land of the solid 708
waste facility disturbed by those activities to the condition 709
existing prior to the commencement of those activities.710

       (I) No owner or operator of a hazardous waste facility, in711
the operation of the facility, shall cause, permit, or allow the712
emission therefrom of any particulate matter, dust, fumes, gas,713
mist, smoke, vapor, or odorous substance that, in the opinion of714
the director, unreasonably interferes with the comfortable715
enjoyment of life or property by persons living or working in the716
vicinity of the facility, or that is injurious to public health. 717
Any such action is hereby declared to be a public nuisance.718

       (J) Notwithstanding any other provision of this chapter, in 719
the event the director finds an imminent and substantial danger to 720
public health or safety or the environment that creates an 721
emergency situation requiring the immediate treatment, storage, or 722
disposal of hazardous waste, the director may issue a temporary 723
emergency permit to allow the treatment, storage, or disposal of 724
the hazardous waste at a facility that is not otherwise authorized 725
by a hazardous waste facility installation and operation permit to 726
treat, store, or dispose of the waste. The emergency permit shall 727
not exceed ninety days in duration and shall not be renewed. The 728
director shall adopt, and may amend, suspend, or rescind, rules in 729
accordance with Chapter 119. of the Revised Code governing the 730
issuance, modification, revocation, and denial of emergency 731
permits.732

       (K) No owner or operator of a sanitary landfill shall733
knowingly accept for disposal, or dispose of, any infectious734
wastes, other than those subject to division (A)(1)(c) of section735
3734.021 of the Revised Code, that have not been treated to render 736
them noninfectious. For the purposes of this division,737
certification by the owner or operator of the treatment facility738
where the wastes were treated on the shipping paper required by739
rules adopted under division (D)(2) of that section creates a740
rebuttable presumption that the wastes have been so treated.741

       (L) The director, in accordance with Chapter 119. of the742
Revised Code, shall adopt, and may amend, suspend, or rescind,743
rules having uniform application throughout the state establishing 744
a training and certification program that shall be required for 745
employees of boards of health who are responsible for enforcing 746
the solid waste and infectious waste provisions of this chapter 747
and rules adopted under them and for persons who are responsible 748
for the operation of solid waste facilities or infectious waste 749
treatment facilities. The rules shall provide all of the 750
following, without limitation:751

       (1) The program shall be administered by the director and752
shall consist of a course on new solid waste and infectious waste753
technologies, enforcement procedures, and rules;754

       (2) The course shall be offered on an annual basis;755

       (3) Those persons who are required to take the course under 756
division (L) of this section shall do so triennially;757

       (4) Persons who successfully complete the course shall be758
certified by the director;759

       (5) Certification shall be required for all employees of760
boards of health who are responsible for enforcing the solid waste 761
or infectious waste provisions of this chapter and rules adopted 762
under them and for all persons who are responsible for the 763
operation of solid waste facilities or infectious waste treatment 764
facilities;765

       (6)(a) All employees of a board of health who, on the766
effective date of the rules adopted under this division, are767
responsible for enforcing the solid waste or infectious waste768
provisions of this chapter and the rules adopted under them shall769
complete the course and be certified by the director not later770
than January 1, 1995;771

       (b) All employees of a board of health who, after the772
effective date of the rules adopted under division (L) of this 773
section, become responsible for enforcing the solid waste or774
infectious waste provisions of this chapter and rules adopted 775
under them and who do not hold a current and valid certification 776
from the director at that time shall complete the course and be 777
certified by the director within two years after becoming 778
responsible for performing those activities.779

       No person shall fail to obtain the certification required780
under this division.781

       (M) The director shall not issue a permit under section782
3734.05 of the Revised Code to establish a solid waste facility,783
or to modify a solid waste facility operating on December 21,784
1988, in a manner that expands the disposal capacity or geographic 785
area covered by the facility, that is or is to be located within 786
the boundaries of a state park established or dedicated under 787
Chapter 1541. of the Revised Code, a state park purchase area 788
established under section 1541.02 of the Revised Code, any unit of 789
the national park system, or any property that lies within the 790
boundaries of a national park or recreation area, but that has not 791
been acquired or is not administered by the secretary of the 792
United States department of the interior, located in this state, 793
or any candidate area located in this state and identified for 794
potential inclusion in the national park system in the edition of 795
the "national park system plan" submitted under paragraph (b) of 796
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 797
U.S.C.A. 1a-5, as amended, current at the time of filing of the 798
application for the permit, unless the facility or proposed 799
facility is or is to be used exclusively for the disposal of solid 800
wastes generated within the park or recreation area and the 801
director determines that the facility or proposed facility will 802
not degrade any of the natural or cultural resources of the park 803
or recreation area. The director shall not issue a variance under 804
division (A) of this section and rules adopted under it, or issue 805
an exemption order under division (G) of this section, that would 806
authorize any such establishment or expansion of a solid waste 807
facility within the boundaries of any such park or recreation 808
area, state park purchase area, or candidate area, other than a 809
solid waste facility exclusively for the disposal of solid wastes 810
generated within the park or recreation area when the director 811
determines that the facility will not degrade any of the natural 812
or cultural resources of the park or recreation area.813

       (N)(1) The rules adopted under division (A) of this section, 814
other than those governing variances, do not apply to scrap tire 815
collection, storage, monocell, monofill, and recovery facilities. 816
Those facilities are subject to and governed by rules adopted 817
under sections 3734.70 to 3734.73 of the Revised Code, as 818
applicable.819

       (2) Division (C) of this section does not apply to scrap tire 820
collection, storage, monocell, monofill, and recovery facilities. 821
The establishment and modification of those facilities are subject 822
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised 823
Code, as applicable.824

       (3) The director may adopt, amend, suspend, or rescind rules825
under division (A) of this section creating an alternative system 826
for authorizing the establishment, operation, or modification of a827
solid waste compost facility in lieu of the requirement that a828
person seeking to establish, operate, or modify a solid waste829
compost facility apply for and receive a permit under division (C)830
of this section and section 3734.05 of the Revised Code and a831
license under division (A)(1) of that section. The rules may832
include requirements governing, without limitation, the 833
classification of solid waste compost facilities, the submittal of 834
operating records for solid waste compost facilities, and the 835
creation of a registration or notification system in lieu of the 836
issuance of permits and licenses for solid waste compost 837
facilities. The rules shall specify the applicability of divisions 838
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised 839
Code to a solid waste compost facility.840

       Section 2. That existing sections 3714.01, 3714.09, and 841
3734.02 and section        Sec. 3714.07.  of the Revised Code are hereby 842
repealed.843

       Section 3. The Construction and Demolition Debris Facility844
Oversight Fund that is created in section 3714.07 of the Revised845
Code, as enacted by this act, is a continuation of the846
Construction and Demolition Debris Facility Oversight Fund that847
was created in section 3714.07 of the Revised Code, as repealed by848
this act. Money credited to the Fund under former section 3714.07849
of the Revised Code shall be used for the purposes specified in850
section 3714.07 of the Revised Code, as enacted by this act.851

       Section 4.  The term of ten years for a hazardous waste 852
facility installation and operation permit that is established in 853
section 3734.02 of the Revised Code, as amended by this act, 854
applies to initial and renewal permits that are issued on or after 855
the effective date of this act.856