Am. H. B. No. 100 As Passed by the Senate

Representatives Taylor, Carano, Collier, C. Evans, McGregor, Otterman, Reidelbach, Seitz, White, Willamowski, J. Stewart, Cassell, Domenick, Aslanides, Daniels, Flowers, Hood, Hughes, Kearns

Senators Spada, Mumper, Grendell, Niehaus, Cates, Coughlin, Schuring

A BILL
To enact section 3734.576 of the Revised Code and to 1
amend Section 513.03 of Am. Sub. H.B. 66 of the 2
126th General Assembly to authorize a solid waste 3
management district to exempt automotive shredder 4
residue from the district's generation fee, to 5
extend the moratorium on the issuance of licenses 6
for new construction and demolition debris 7
facilities, and to create an exemption to the 8
moratorium under certain circumstances. 9

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

       Section 1. That section 3734.576 of the Revised Code be 10
enacted to read as follows: 11

       Sec. 3734.576. (A) As used in this section: 12

       (1) "Recycling" means the process of collecting, sorting, 13
cleansing, treating, and reconstituting waste or other discarded 14
materials for the purpose of recovering and reusing the materials. 15

       (2) "Automotive shredder residue" means the nonrecyclable 16
residue that is generated as a direct result of processing 17
automobiles, appliances, sheet steel, and other ferrous and 18
nonferrous scrap metals through a hammermill shredder for purposes 19
of recycling and that meets all of the following requirements: 20

       (a) The residue is solid waste. 21

       (b) The residue is not hazardous waste. 22

       (c) The residue created during the recycling process 23
comprises not more than thirty-five per cent of the total weight 24
of material that is processed for recycling. 25

       (d) The residue is generated by processing recycled materials 26
that are to be sold, used, or reused within ninety days of the 27
time when the material is processed. 28

       (B)(1) The solid waste management policy committee of a solid 29
waste management district that is levying a solid waste generation 30
fee under section 3734.573 of the Revised Code may adopt a 31
resolution exempting automotive shredder residue from that fee 32
without the necessity for ratification of the resolution or may 33
include the exemption in an amended solid waste management plan of 34
the district adopted under section 3734.56 of the Revised Code at 35
the time when adoption of an amended plan is required. Not later 36
than seven days after the adoption of such a resolution or the 37
approval of an amended plan, the committee shall notify by 38
certified mail the owner or operator of each solid waste disposal 39
facility or transfer facility that is required to collect 40
generation fees on behalf of the district of the exemption. The 41
exemption shall take effect on the first day of the first month 42
following the month in which notification is sent to each disposal 43
facility and transfer facility, as applicable. 44

       The policy committee of a solid waste management district may 45
establish procedures and requirements, including record-keeping 46
procedures and requirements, that are necessary for the 47
administration and enforcement of an exemption established under 48
division (B)(1) of this section. 49

       (2) If the policy committee of a solid waste management 50
district has adopted a resolution under division (B)(1) of this 51
section and the committee seeks to continue exempting automotive 52
shredder residue from the district's generation fee at the time 53
when the district is required to adopt an amended solid waste 54
management plan under section 3734.56 of the Revised Code, the 55
committee shall include the exemption in the amended plan of the 56
district. If the exemption is not included in the amended plan of 57
the district, the exemption shall expire and shall cease to apply 58
as provided in division (C) of this section. 59

       (C) If the policy committee of a solid waste management 60
district seeks to eliminate an exemption of automotive shredder 61
residue from the district's generation fee that was established 62
under division (B)(1) of this section, the committee shall adopt a 63
resolution eliminating the exemption without the necessity for 64
ratification of the resolution. After adoption of the resolution 65
and if the district has included the exemption in its amended 66
solid waste management plan in accordance with either division 67
(B)(1) or (2) of this section, the committee shall subsequently 68
amend the plan to reflect the elimination of the exemption at the 69
time when the adoption of an amended plan is required under 70
section 3734.56 of the Revised Code. 71

       Upon expiration of the exemption or adoption of a resolution 72
eliminating the exemption, the policy committee shall notify by 73
certified mail the owner or operator of each solid waste disposal 74
facility or transfer facility that is required to collect 75
generation fees on behalf of the district of the expiration or 76
elimination of the exemption, as applicable. The exemption shall 77
cease to apply on the first day of the first month following the 78
month in which notification is sent to each disposal facility and 79
transfer facility, as applicable. 80

       Section 2. That Section 513.03 of Am. Sub. H.B. 66 of the 81
126th General Assembly be amended to read as follows: 82

       Sec. 513.03. (A) Notwithstanding any provision of law to the 83
contrary and during the period beginning July 1, 2005, and ending 84
~~December 31~~May 1, ~~2005~~2006, or the effective date of H.B. 397 of 85
the 126th General Assembly, whichever is earlier, the Director of 86
Environmental Protection or a board of health as defined in 87
section 3714.01 of the Revised Code shall not issue a license to 88
open a new construction and demolition debris facility under 89
Chapter 3714. of the Revised Code and rules adopted under it. 90
Except as otherwise provided in this division, the moratorium 91
established by this division applies both with respect to an 92
application for a license to open a new construction and 93
demolition debris facility that is submitted on or after the 94
effective date of this section and to an application for such a 95
license that has been submitted to the Director or a board of 96
health prior to the effective date of this section, but concerning 97
which a license for a facility has not been issued as of that 98
effective date. 99

       The board of county commissioners of a county may request the 100
Director or a board of health to continue to process an 101
application for a license to open a new construction and 102
demolition debris facility in that county that has been submitted 103
to the Director or board of health prior to the effective date of 104
this section. After receiving such a request from a board of 105
county commissioners, the Director or board of health may then 106
issue a license for the new construction and demolition debris 107
facility notwithstanding the moratorium established by this 108
division. 109

       The moratorium established by this division does not apply to 110
a license for a new construction and demolition debris facility if 111
the new facility will be located adjacent or contiguous to a 112
previously licensed construction and demolition debris facility. 113
The moratorium also does not apply to an expansion of or other 114
modification to an existing licensed construction and demolition 115
debris facility. 116

       (B) The moratorium established by division (A) of this 117
section does not apply to an application for a license to 118
establish a construction and demolition debris facility pending 119
before a board of health or the Director of Environmental 120
Protection, as applicable, prior to July 1, 2005, and such an 121
application shall be reviewed and the license shall be issued or 122
denied in accordance with Chapter 3714. of the Revised Code, if 123
all of the following apply to the applicant for the license: 124

       (1) The applicant has acquired an interest in the property on 125
which the facility will be located on or before May 1, 2005. 126

       (2) The applicant has begun a hydrogeologic investigation 127
pursuant to section 3745-400-09 of the Ohio Administrative Code 128
prior to submitting the application. 129

       (3) The applicant has begun the engineering plans for the 130
facility prior to submitting the application. 131

       (4) The application submitted by the applicant would have 132
been determined to be complete if the moratorium had not been in 133
effect. 134

       The director shall determine whether this division applies to 135
an applicant within forty-five days after receiving an applicant's 136
request for a determination under this division. 137

       (C)(1) There is hereby created the Construction and 138
Demolition Debris Facility Study Committee composed of the 139
following thirteen members: 140

       (a) Three members of the House of Representatives appointed 141
by the Speaker of the House of Representatives; 142

       (b) Three members of the Senate appointed by the President of 143
the Senate; 144

       (c) The Director of Environmental Protection or the 145
Director's designee; 146

       (d) One member representing health districts in the state 147
appointed by the Governor; 148

       (e) Three members representing the construction and 149
demolition debris industry in the state appointed by the Governor, 150
one of whom shall be the owner of both a construction and 151
demolition debris facility and a solid waste disposal facility; 152

       (f) Two members representing environmental consulting 153
organizations or firms in the state appointed by the Governor. 154

       Appointments shall be made to the Committee not later than 155
fifteen days after the effective date of this section. Members of 156
the Committee shall not receive compensation for their service on 157
the Committee and shall not receive reimbursement for expenses 158
incurred related to that service. 159

       (2) The Committee shall study the laws of this state 160
governing construction and demolition debris facilities and the 161
rules adopted under those laws and shall make recommendations to 162
the General Assembly regarding changes to those laws including, 163
but not limited to, recommendations concerning the following 164
topics: 165

       (a) The establishment of a code of ethics for owners and 166
operators of construction and demolition debris facilities; 167

       (b) The establishment of best management practices; 168

       (c) Licensing requirements; 169

       (d) Testing and monitoring requirements and protocols; 170

       (e) Siting and setback criteria for construction and 171
demolition debris facilities; 172

       (f) State and local oversight and regulatory authority; 173

       (g) Fees; 174

       (h) The regulation of construction and demolition debris from 175
sources inside and outside the state; 176

       (i) The closure process for construction and demolition 177
debris facilities. 178

       (3) The Committee shall submit a report of its study and any 179
recommendations that it has developed to the General Assembly not 180
later than September 30, 2005. The Committee shall cease to exist 181
on the date on which it submits its report. 182

       The General Assembly shall enact legislation based on the 183
recommendations of the Committee as soon as is practicable. 184

       Section 3. That existing Section 513.03 of Am. Sub. H.B. 66 185
of the 126th General Assembly is hereby repealed. 186

Section 1. That section 3734.576 of the Revised Code be	10
enacted to read as follows:	11

(1) "Recycling" means the process of collecting, sorting,	13
cleansing, treating, and reconstituting waste or other discarded	14
materials for the purpose of recovering and reusing the materials.	15

(2) "Automotive shredder residue" means the nonrecyclable	16
residue that is generated as a direct result of processing	17
automobiles, appliances, sheet steel, and other ferrous and	18
nonferrous scrap metals through a hammermill shredder for purposes	19
of recycling and that meets all of the following requirements:	20

(c) The residue created during the recycling process	23
comprises not more than thirty-five per cent of the total weight	24
of material that is processed for recycling.	25

(d) The residue is generated by processing recycled materials	26
that are to be sold, used, or reused within ninety days of the	27
time when the material is processed.	28

(B)(1) The solid waste management policy committee of a solid	29
waste management district that is levying a solid waste generation	30
fee under section 3734.573 of the Revised Code may adopt a	31
resolution exempting automotive shredder residue from that fee	32
without the necessity for ratification of the resolution or may	33
include the exemption in an amended solid waste management plan of	34
the district adopted under section 3734.56 of the Revised Code at	35
the time when adoption of an amended plan is required. Not later	36
than seven days after the adoption of such a resolution or the	37
approval of an amended plan, the committee shall notify by	38
certified mail the owner or operator of each solid waste disposal	39
facility or transfer facility that is required to collect	40
generation fees on behalf of the district of the exemption. The	41
exemption shall take effect on the first day of the first month	42
following the month in which notification is sent to each disposal	43
facility and transfer facility, as applicable.	44

The policy committee of a solid waste management district may	45
establish procedures and requirements, including record-keeping	46
procedures and requirements, that are necessary for the	47
administration and enforcement of an exemption established under	48
division (B)(1) of this section.	49

(2) If the policy committee of a solid waste management	50
district has adopted a resolution under division (B)(1) of this	51
section and the committee seeks to continue exempting automotive	52
shredder residue from the district's generation fee at the time	53
when the district is required to adopt an amended solid waste	54
management plan under section 3734.56 of the Revised Code, the	55
committee shall include the exemption in the amended plan of the	56
district. If the exemption is not included in the amended plan of	57
the district, the exemption shall expire and shall cease to apply	58
as provided in division (C) of this section.	59

(C) If the policy committee of a solid waste management	60
district seeks to eliminate an exemption of automotive shredder	61
residue from the district's generation fee that was established	62
under division (B)(1) of this section, the committee shall adopt a	63
resolution eliminating the exemption without the necessity for	64
ratification of the resolution. After adoption of the resolution	65
and if the district has included the exemption in its amended	66
solid waste management plan in accordance with either division	67
(B)(1) or (2) of this section, the committee shall subsequently	68
amend the plan to reflect the elimination of the exemption at the	69
time when the adoption of an amended plan is required under	70
section 3734.56 of the Revised Code.	71

Upon expiration of the exemption or adoption of a resolution	72
eliminating the exemption, the policy committee shall notify by	73
certified mail the owner or operator of each solid waste disposal	74
facility or transfer facility that is required to collect	75
generation fees on behalf of the district of the expiration or	76
elimination of the exemption, as applicable. The exemption shall	77
cease to apply on the first day of the first month following the	78
month in which notification is sent to each disposal facility and	79
transfer facility, as applicable.	80

Section 2. That Section 513.03 of Am. Sub. H.B. 66 of the	81
126th General Assembly be amended to read as follows:	82

Sec. 513.03. (A) Notwithstanding any provision of law to the	83
contrary and during the period beginning July 1, 2005, and ending	84
~~December 31~~May 1, ~~2005~~2006, or the effective date of H.B. 397 of	85
the 126th General Assembly, whichever is earlier, the Director of	86
Environmental Protection or a board of health as defined in	87
section 3714.01 of the Revised Code shall not issue a license to	88
open a new construction and demolition debris facility under	89
Chapter 3714. of the Revised Code and rules adopted under it.	90
Except as otherwise provided in this division, the moratorium	91
established by this division applies both with respect to an	92
application for a license to open a new construction and	93
demolition debris facility that is submitted on or after the	94
effective date of this section and to an application for such a	95
license that has been submitted to the Director or a board of	96
health prior to the effective date of this section, but concerning	97
which a license for a facility has not been issued as of that	98
effective date.	99

The board of county commissioners of a county may request the	100
Director or a board of health to continue to process an	101
application for a license to open a new construction and	102
demolition debris facility in that county that has been submitted	103
to the Director or board of health prior to the effective date of	104
this section. After receiving such a request from a board of	105
county commissioners, the Director or board of health may then	106
issue a license for the new construction and demolition debris	107
facility notwithstanding the moratorium established by this	108
division.	109

The moratorium established by this division does not apply to	110
a license for a new construction and demolition debris facility if	111
the new facility will be located adjacent or contiguous to a	112
previously licensed construction and demolition debris facility.	113
The moratorium also does not apply to an expansion of or other	114
modification to an existing licensed construction and demolition	115
debris facility.	116

(B) The moratorium established by division (A) of this	117
section does not apply to an application for a license to	118
establish a construction and demolition debris facility pending	119
before a board of health or the Director of Environmental	120
Protection, as applicable, prior to July 1, 2005, and such an	121
application shall be reviewed and the license shall be issued or	122
denied in accordance with Chapter 3714. of the Revised Code, if	123
all of the following apply to the applicant for the license:	124

(1) The applicant has acquired an interest in the property on	125
which the facility will be located on or before May 1, 2005.	126

(2) The applicant has begun a hydrogeologic investigation	127
pursuant to section 3745-400-09 of the Ohio Administrative Code	128
prior to submitting the application.	129

(3) The applicant has begun the engineering plans for the	130
facility prior to submitting the application.	131

(4) The application submitted by the applicant would have	132
been determined to be complete if the moratorium had not been in	133
effect.	134

The director shall determine whether this division applies to	135
an applicant within forty-five days after receiving an applicant's	136
request for a determination under this division.	137

(C)(1) There is hereby created the Construction and	138
Demolition Debris Facility Study Committee composed of the	139
following thirteen members:	140

(a) Three members of the House of Representatives appointed	141
by the Speaker of the House of Representatives;	142

(b) Three members of the Senate appointed by the President of	143
the Senate;	144

(c) The Director of Environmental Protection or the	145
Director's designee;	146

(d) One member representing health districts in the state	147
appointed by the Governor;	148

(e) Three members representing the construction and	149
demolition debris industry in the state appointed by the Governor,	150
one of whom shall be the owner of both a construction and	151
demolition debris facility and a solid waste disposal facility;	152

(f) Two members representing environmental consulting	153
organizations or firms in the state appointed by the Governor.	154

Appointments shall be made to the Committee not later than	155
fifteen days after the effective date of this section. Members of	156
the Committee shall not receive compensation for their service on	157
the Committee and shall not receive reimbursement for expenses	158
incurred related to that service.	159

(2) The Committee shall study the laws of this state	160
governing construction and demolition debris facilities and the	161
rules adopted under those laws and shall make recommendations to	162
the General Assembly regarding changes to those laws including,	163
but not limited to, recommendations concerning the following	164
topics:	165

(a) The establishment of a code of ethics for owners and	166
operators of construction and demolition debris facilities;	167