H. B. No. 100 As Reported by the Senate Environment and Natural Resources Committee

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

A BILL
To enact section 3734.576 of the Revised Code to 1
authorize a solid waste management district to 2
exempt automotive shredder residue from the 3
district's generation fee. 4

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

       Section 1. That section 3734.576 of the Revised Code be 5
enacted to read as follows: 6

       Sec. 3734.576. (A) As used in this section: 7

       (1) "Recycling" means the process of collecting, sorting, 8
cleansing, treating, and reconstituting waste or other discarded 9
materials for the purpose of recovering and reusing the materials. 10

       (2) "Automotive shredder residue" means the nonrecyclable 11
residue that is generated as a direct result of processing 12
automobiles, appliances, sheet steel, and other ferrous and 13
nonferrous scrap metals through a hammermill shredder for purposes 14
of recycling and that meets all of the following requirements: 15

       (a) The residue is solid waste. 16

       (b) The residue is not hazardous waste. 17

       (c) The residue created during the recycling process 18
comprises not more than thirty-five per cent of the total weight 19
of material that is processed for recycling. 20

       (d) The residue is generated by processing recycled materials 21
that are to be sold, used, or reused within ninety days of the 22
time when the material is processed. 23

       (B)(1) The solid waste management policy committee of a solid 24
waste management district that is levying a solid waste generation 25
fee under section 3734.573 of the Revised Code may adopt a 26
resolution exempting automotive shredder residue from that fee 27
without the necessity for ratification of the resolution or may 28
include the exemption in an amended solid waste management plan of 29
the district adopted under section 3734.56 of the Revised Code at 30
the time when adoption of an amended plan is required. Not later 31
than seven days after the adoption of such a resolution or the 32
approval of an amended plan, the committee shall notify by 33
certified mail the owner or operator of each solid waste disposal 34
facility or transfer facility that is required to collect 35
generation fees on behalf of the district of the exemption. The 36
exemption shall take effect on the first day of the first month 37
following the month in which notification is sent to each disposal 38
facility and transfer facility, as applicable. 39

       The policy committee of a solid waste management district may 40
establish procedures and requirements, including record-keeping 41
procedures and requirements, that are necessary for the 42
administration and enforcement of an exemption established under 43
division (B)(1) of this section. 44

       (2) If the policy committee of a solid waste management 45
district has adopted a resolution under division (B)(1) of this 46
section and the committee seeks to continue exempting automotive 47
shredder residue from the district's generation fee at the time 48
when the district is required to adopt an amended solid waste 49
management plan under section 3734.56 of the Revised Code, the 50
committee shall include the exemption in the amended plan of the 51
district. If the exemption is not included in the amended plan of 52
the district, the exemption shall expire and shall cease to apply 53
as provided in division (C) of this section. 54

       (C) If the policy committee of a solid waste management 55
district seeks to eliminate an exemption of automotive shredder 56
residue from the district's generation fee that was established 57
under division (B)(1) of this section, the committee shall adopt a 58
resolution eliminating the exemption without the necessity for 59
ratification of the resolution. After adoption of the resolution 60
and if the district has included the exemption in its amended 61
solid waste management plan in accordance with either division 62
(B)(1) or (2) of this section, the committee shall subsequently 63
amend the plan to reflect the elimination of the exemption at the 64
time when the adoption of an amended plan is required under 65
section 3734.56 of the Revised Code. 66

       Upon expiration of the exemption or adoption of a resolution 67
eliminating the exemption, the policy committee shall notify by 68
certified mail the owner or operator of each solid waste disposal 69
facility or transfer facility that is required to collect 70
generation fees on behalf of the district of the expiration or 71
elimination of the exemption, as applicable. The exemption shall 72
cease to apply on the first day of the first month following the 73
month in which notification is sent to each disposal facility and 74
transfer facility, as applicable. 75

Section 1. That section 3734.576 of the Revised Code be	5
enacted to read as follows:	6

(1) "Recycling" means the process of collecting, sorting,	8
cleansing, treating, and reconstituting waste or other discarded	9
materials for the purpose of recovering and reusing the materials.	10

(2) "Automotive shredder residue" means the nonrecyclable	11
residue that is generated as a direct result of processing	12
automobiles, appliances, sheet steel, and other ferrous and	13
nonferrous scrap metals through a hammermill shredder for purposes	14
of recycling and that meets all of the following requirements:	15

(c) The residue created during the recycling process	18
comprises not more than thirty-five per cent of the total weight	19
of material that is processed for recycling.	20

(d) The residue is generated by processing recycled materials	21
that are to be sold, used, or reused within ninety days of the	22
time when the material is processed.	23

(B)(1) The solid waste management policy committee of a solid	24
waste management district that is levying a solid waste generation	25
fee under section 3734.573 of the Revised Code may adopt a	26
resolution exempting automotive shredder residue from that fee	27
without the necessity for ratification of the resolution or may	28
include the exemption in an amended solid waste management plan of	29
the district adopted under section 3734.56 of the Revised Code at	30
the time when adoption of an amended plan is required. Not later	31
than seven days after the adoption of such a resolution or the	32
approval of an amended plan, the committee shall notify by	33
certified mail the owner or operator of each solid waste disposal	34
facility or transfer facility that is required to collect	35
generation fees on behalf of the district of the exemption. The	36
exemption shall take effect on the first day of the first month	37
following the month in which notification is sent to each disposal	38
facility and transfer facility, as applicable.	39

The policy committee of a solid waste management district may	40
establish procedures and requirements, including record-keeping	41
procedures and requirements, that are necessary for the	42
administration and enforcement of an exemption established under	43
division (B)(1) of this section.	44

(2) If the policy committee of a solid waste management	45
district has adopted a resolution under division (B)(1) of this	46
section and the committee seeks to continue exempting automotive	47
shredder residue from the district's generation fee at the time	48
when the district is required to adopt an amended solid waste	49
management plan under section 3734.56 of the Revised Code, the	50
committee shall include the exemption in the amended plan of the	51
district. If the exemption is not included in the amended plan of	52
the district, the exemption shall expire and shall cease to apply	53
as provided in division (C) of this section.	54

(C) If the policy committee of a solid waste management	55
district seeks to eliminate an exemption of automotive shredder	56
residue from the district's generation fee that was established	57
under division (B)(1) of this section, the committee shall adopt a	58
resolution eliminating the exemption without the necessity for	59
ratification of the resolution. After adoption of the resolution	60
and if the district has included the exemption in its amended	61
solid waste management plan in accordance with either division	62
(B)(1) or (2) of this section, the committee shall subsequently	63
amend the plan to reflect the elimination of the exemption at the	64
time when the adoption of an amended plan is required under	65
section 3734.56 of the Revised Code.	66

Upon expiration of the exemption or adoption of a resolution	67
eliminating the exemption, the policy committee shall notify by	68
certified mail the owner or operator of each solid waste disposal	69
facility or transfer facility that is required to collect	70
generation fees on behalf of the district of the expiration or	71
elimination of the exemption, as applicable. The exemption shall	72
cease to apply on the first day of the first month following the	73
month in which notification is sent to each disposal facility and	74
transfer facility, as applicable.	75