As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 397

Representatives Hagan, Collier, Law, Harwood 

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A BILL

To amend sections 3714.01, 3714.02, 3714.03, 3714.04,

1

3714.05, 3714.06, 3714.071, 3714.09, 3714.11,

2

3714.12, 3714.13, and 3734.28 and to enact

3

sections 3714.051, 3714.052, 3714.053, 3714.061,

4

3714.062, 3714.081, 3714.082, 3714.083, and

5

3714.20 of the Revised Code to revise the statutes

6

governing construction and demolition debris

7

facilities and to declare an emergency.

8

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

Section 1. That sections 3714.01, 3714.02, 3714.03, 3714.04,	9
3714.05, 3714.06, 3714.071, 3714.09, 3714.11, 3714.12, 3714.13,	10
and 3734.28 be amended and sections 3714.051, 3714.052, 3714.053,	11
3714.061, 3714.062, 3714.081, 3714.082, 3714.083, and 3714.20 of	12
the Revised Code be enacted to read as follows:	13

Sec. 3714.01.  As used in this chapter:

14

(A) "Board of health" means the board of health of a city or	15
general health district or the authority having the duties of a	16
board of health in any city as authorized by section 3709.05 of	17
the Revised Code.	18

(B) "Closure" means either the time at which a construction	19
and demolition debris facility will no longer accept construction	20
and demolition debris for disposal or the effective date of an	21
order revoking the license of the facility. "Closure" includes	22
measures performed to protect public health or safety, to prevent	23
air or water pollution, or to make the facility suitable for other	24
uses, if any, including, without limitation, the establishment and	25
maintenance of suitable cover of soil and vegetation over areas	26
where construction and demolition debris is buried and the	27
minimization of erosion, the infiltration of surface water into	28
such areas, the production of leachate, and the accumulation and	29
runoff of contaminated surface water.	30

(C) "Construction and demolition debris" means those	31
materials resulting from the alteration, construction,	32
destruction, rehabilitation, or repair of any physical structure	33
that is built by humans, including, without limitation, houses,	34
buildings, industrial or commercial facilities, or roadways.	35
"Construction and demolition debris" includes particles and dust	36
created during demolition activities. "Construction and demolition	37
debris" does not include materials identified or listed as solid	38
wastes or hazardous waste pursuant to Chapter 3734. of the Revised	39
Code and rules adopted under it; materials from mining operations,	40
nontoxic fly ash, spent nontoxic foundry sand, and slag; or	41
reinforced or nonreinforced concrete, asphalt, building or paving	42
brick, or building or paving stone that is stored for a period of	43
less than two years for recycling into a usable construction	44
material.	45

(D) "Disposal" means the discharge, deposit, injection,	46
dumping, spilling, leaking, emitting, or placing of any	47
construction and demolition debris into or on any land or ground	48
or surface water or into the air, except if the disposition or	49
placement constitutes storage.	50

(E) "Facility" means any site, location, tract of land,	51
installation, or building used for the disposal of construction	52
and demolition debris. "Facility" does not include any	53
construction site where construction debris and trees and brush	54
removed in clearing the construction site are used as fill	55
material on the site where the materials are generated or removed	56
and does not include any site where materials composed exclusively	57
of reinforced or nonreinforced concrete, asphalt, clay tile,	58
building or paving brick, or building or paving stone are used as	59
fill material, either alone or in conjunction with clean soil,	60
sand, gravel, or other clean aggregates, in legitimate fill	61
operations for construction purposes or to bring the site up to a	62
consistent grade.	63

(F) "Health district" means a city or general health district	64
created by or under the authority of Chapter 3709. of the Revised	65
Code.	66

(G) "Person" includes the state, any political subdivision of	67
the state or other state or local body, the United States and any	68
agency or instrumentality thereof, and any legal entity or	69
organization defined as a person under section 1.59 of the Revised	70
Code.	71

(H) "Pulverized debris" means debris that has been shredded,	72
crushed, ground, or otherwise rendered to such an extent that the	73
debris is unidentifiable as construction and demolition debris.	74

(I) "Qualified ground water scientist" means a scientist or	75
engineer who has received a baccalaureate or post-graduate degree	76
in the natural sciences or engineering and has at least five years	77
of relevant experience in ground water hydrogeology and related	78
fields that enable that individual to make sound professional	79
judgments regarding ground water monitoring, contaminant fate and	80
transport, and corrective measures.	81

(J) "Storage" means the holding of construction and	82
demolition debris for a temporary period in such a manner that it	83
remains retrievable and substantially unchanged and, at the end of	84
the period, is disposed of or reused or recycled in a beneficial	85
manner.	86

(K) "Transfer facility" means a site, location, tract of	87
land, installation, or building that is used or intended to be	88
used for the purpose of transferring construction and demolition	89
debris that was generated off the premises of the facility from	90
vehicles or containers into other vehicles for transportation to a	91
construction and demolition debris facility.	92

Sec. 3714.02. Within twelve months after July 24, 1990, the	93
The director of environmental protection shall adopt, and may	94
amend and rescind, rules in accordance with Chapter 119. of the	95
Revised Code governing construction and demolition debris	96
facilities and the inspection of and issuance of licenses for	97
those facilities. The rules shall ensure that the facilities will	98
not create a nuisance, fire hazard, or health hazard or cause or	99
contribute to air or water pollution. The rules shall establish	100
all of the following:	101

(A) Standards and procedures for the issuance of permits to	102
install under section 3714.051 of the Revised Code that shall	103
include all of the following:	104

(1) Standards for the design and construction of facilities.	105
These standards may include, without limitation, requirements for	106
diking around the areas where debris is buried to prevent runoff	107
of surface water onto adjacent property.	108

(2) Information that must be included in the designs and	109
plans required to be submitted with the application for a permit	110
to install under section 3714.051 of the Revised Code and criteria	111
for approving, disapproving, or requiring modification of the	112
designs and plans;	113

(3) Information that must be included with an application for	114
a permit to install in addition to the information required under	115
section 3714.051 of the Revised Code;	116

(4) Procedures for the issuance, denial, modification,	117
transfer, suspension, and revocation of permits to install;	118

(5) Grounds for the denial, modification, suspension, or	119
revocation of permits to install;	120

(6) A requirement that a person that is required to obtain	121
both a permit to install under section 3714.051 of the Revised	122
Code and a license under section 3714.06 of the Revised Code	123
submit applications for the permit and license simultaneously;	124

(7) Criteria for establishing time periods after which a	125
permit to install expires;	126

(8) Any other requirements that the director determines	127
necessary in order to establish the program for the issuance of	128
permits to install under section 3714.051 of the Revised Code.	129

(B) Standards for control over access to facilities;

130

(C) Standards for the operation of facilities, including,	131
without limitation, standards for the compaction and covering of	132
debris disposed of and standards regarding equipment used for the	133
operation of facilities;	134

(D) Criteria and procedures for granting authorization to the	135
owner or operator of a facility to dispose of asbestos or	136
asbestos-containing materials or products at histhe owner's or	137
operator's facility;	138

(E) Requirements for the installation of ground water	139
monitoring wells and the monitoring of ground water quality at any	140
facility where the operation of the facility threatens to	141
contaminate ground water;. The rules shall require that ground	142
water monitoring be capable of determining impacts resulting from	143
the operation of construction and demolition debris facilities.	144
The rules also shall include provisions for ground water	145
assessment and corrective actions for impacts to ground water.	146
Further, the rules shall require that the owner or operator of a	147
construction and demolition debris facility submit a monitoring	148
report to the director that has been prepared by a qualified	149
ground water scientist and that includes all of the following:	150

(1) A determination of any impacts to ground water from the	151
migration of contaminants from the construction and demolition	152
debris facility;	153

(2) A list of the contaminants from the facility that may be	154
causing contamination of ground water;	155

(3) Recommendations for actions that should be taken to	156
investigate and remediate the source of any ground water	157
contamination.	158

(F) Requirements for the monitoring and sampling of leachate.	159
The rules adopted under division (F) of this section shall include	160
all of the following:	161

(1) A requirement that the owner or operator of a	162
construction and demolition debris facility provide for sampling	163
of leachate at least annually. However, the rules shall require	164
that if leachate is recirculated through a facility instead of	165
being disposed of off-site, the leachate be sampled at least every	166
calendar quarter.	167

(2) A requirement that the owner or operator of a facility	168
sample for at least sixty-four parameters that the director shall	169
establish in the rules, which shall include arsenic, copper, and	170
chromium;	171

(3) Procedures for establishing parameters in addition to the	172
sixty-four parameters established in the rules adopted under	173
division (F)(2) of this section;	174

(4) Requirements governing facilities that do not have a	175
system for sampling leachate. The rules shall require that the	176
owner or operator of such a facility monitor ground water in	177
accordance with the rules adopted under division (E) of this	178
section for the parameters established in the rules adopted under	179
divisions (F)(2) and (3) of this section.	180

(5) Requirements governing the reporting of leachate sampling	181
data. The rules shall require that reports be submitted to the	182
director and the applicable board of health.	183

(G) Requirements respecting written, narrative plans for the	184
operation of facilities;. The rules shall require the owner or	185
operator of a facility to use best management practices. In	186
addition, the rules shall require as a part of the plan of	187
operation of a facility the inclusion of the contingency plans for	188
effective action in response to fire or explosion at the facility	189
as required in rules adopted under division (H) of this section.	190

(G)(H) Requirements respecting contingency plans for	191
effective action in response to fire or explosion at a facility;	192

(H)(I) Financial assurance requirements for the closure and	193
post-closure care of facilities. Theas follows:	194

(1) The rules establishing the financial assurance	195
requirements for the closure of facilities shall require that the	196
owner or operator of a facility, before being issued aan initial	197
license for the facility under section 3714.06 of the Revised	198
Code, submit a surety bond, a letter of credit, or other	199
acceptable financial assurance, as specified by the director in	200
the rules, in an amount equal to the estimated costs for closure	201
of those portions of the facility that have been, are being, or	202
are to be used for the disposal of construction and demolition	203
debris as contained in the closure plan for the facility approved	204
by the board of health of the health district in which the	205
facility is or is to be located or, if the facility is or is to be	206
located in a health district that is not on the approved list	207
under division (A) or (B)(1) or (2) of section 3714.09 of the	208
Revised Code,determined by the director or the appropriate board	209
of health, as applicable. The rules shall allow the director or	210
board of health, as applicable, to adjust the amount of a surety	211
bond, a letter of credit, or other acceptable financial assurance	212
in conjunction with the issuance of an annual license. However,	213
the rules shall require that the amount of a surety bond, letter	214
of credit, or other acceptable financial assurance for the closure	215
of a facility be not less than thirteen thousand dollars per acre	216
of land that has been, is being, or is to be used for the disposal	217
of construction and demolition debris.	218

(2) The rules establishing the financial assurance	219
requirements for the post-closure care of facilities shall allow	220
the director or board of health, as applicable, to determine the	221
amount of a surety bond, a letter of credit, or other acceptable	222
financial assurance for the post-closure care of a facility on a	223
case by case basis. The rules shall require that the owner or	224
operator of a facility provide post-closure financial assurance	225
for a minimum period of five years after the closure of a	226
facility.	227

(I)(J) Requirements for the closure of facilities. The	228
requirements shall include minimum requirements for the closure of	229
all facilities and such additional requirements as are reasonably	230
related to the location of the facility and the type and quantity	231
of materials disposed of in the facility.	232

(K) Requirements for the post-closure care of facilities for	233
a minimum period of five years after the closure of a facility;	234

(L) Procedures and requirements for the certification of	235
pulverized debris as construction and demolition debris for the	236
purposes of section 3714.081 of the Revised Code. The procedures	237
and requirements shall include, without limitation, both of the	238
following:	239

(1) A requirement that the structure at which the debris was	240
generated was inspected by the appropriate board of health, the	241
director, or another appropriate authority designated by rule;	242

(2) A system for tracking the debris from the point of	243
generation to the point of disposal for purposes of ensuring that	244
it is not mixed with debris that is not construction and	245
demolition debris.	246

(M) Procedures and requirements governing the certification	247
of construction and demolition debris by transfer facilities as	248
required under section 3714.082 of the Revised Code;	249

(N) Requirements governing the provision of notification	250
under section 3714.083 of the Revised Code by owners and operators	251
of construction and demolition debris facilities of rejected	252
shipments and by transporters of the final disposition of rejected	253
shipments;	254

(O) Requirements governing the certification and training of	255
operators of construction and demolition debris facilities as	256
required under section 3714.062 of the Revised Code.	257

The rules adopted under this section shall not prohibit the	258
open burning of construction debris on a construction site in	259
compliance with division (C)(1) of section 3704.11 of the Revised	260
Code.	261

The amendments to divisions (E) and (F) of this section by	262
...... and rules adopted pursuant to those amendments shall apply	263
only to construction and demolition debris facilities or	264
modifications of construction and demolition debris facilities for	265
which a permit to install is issued under section 3714.051 of the	266
Revised Code after the effective date of this amendment unless the	267
director determines that the application of those amendments and	268
rules adopted pursuant to them to a facility in operation on the	269
effective date of this amendment that is conducting leachate and	270
ground water monitoring is necessary to protect public health and	271
the environment.	272

Sec. 3714.03. (A) As used in this section:

273

(1) "Aquifer system" means one or more geologic units or	274
formations that are wholly or partly saturated with water and are	275
capable of storing, transmitting, or yielding ground water at a	276
time weighted average rate greater than one-tenth of a gallon per	277
minute over a twenty-four-hour period unless the geologic units or	278
formations yield less than three gallons per minute, but more than	279
one-tenth of a gallon per minute and the ground water yield is	280
less than fifty per cent of the yield of another saturated zone	281
under a construction and demolition debris facility that is the	282
likely source of water used for any purpose within one mile of the	283
facility.	284

(2) "Category 3 wetland" means a wetland that supports	285
superior habitat or hydrological or recreational functions as	286
determined by an appropriate wetland evaluation methodology	287
acceptable to the director of environmental protection. "Category	288
3 wetland" includes a wetland with high levels of diversity, a	289
high proportion of native species, and high functional values and	290
includes a wetland that contains or provides habitat for	291
threatened or endangered species. "Category 3 wetland" may include	292
high quality forested wetlands, including old growth forested	293
wetlands, mature forested riparian wetlands, vernal pools, bogs,	294
fens, and wetlands that are scarce regionally.	295

(3) "Limits of construction and demolition debris placement"	296
means the areal and vertical limits of debris placement within a	297
construction and demolition debris facility and includes the	298
volume of debris placement.	299

(4) "Natural area" means either of the following:

300

(a) An area designated by the director of natural resources	301
as a scenic river under section 1517.14 of the Revised Code;	302

(b) An area designated by the United States department of the	303
interior as a national scenic river.	304

(5) "New portion of an existing facility" means any area of	305
an existing facility that has not been designated as an active or	306
inactive licensed disposal area for the facility.	307

(B) Neither the director of environmental protection nor any	308
board of health shall issue a licensepermit to install under	309
section 3714.063714.051 of the Revised Code to establish and	310
operate a new construction and demolition debris facility or to	311
modify an existing facility when any portion ofthe limits of	312
construction and demolition debris placement at the new facility	313
isor at any new portion of the existing facility are proposed to	314
be located in either of the following locations:	315

(A)(1) Within the boundaries of thea one-hundred-year flood	316
plain of a watercourse, as those boundaries are shown on the	317
applicable maps prepared under the "National Flood Insurance Act	318
of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, unless the	319
owner or operator has obtained an exemption from this division	320
(B)(1) of this section in accordance with section 3714.04 of the	321
Revised Code. With respect to watercourses or portions thereof for	322
whichIf no such maps have been prepared, the boundaries of thea	323
one-hundred-year flood plain shall be determined by the applicant	324
for a licensepermit based upon a design storm of seven inches of	325
precipitation in twenty-four hours and upon standard methodologies	326
set forth in "urban hydrology for small watersheds" (soil	327
conservation service technical release number 55) and section 4 of	328
the "national engineering hydrology handbook" of the soil	329
conservation service of the United States department of	330
agriculture.	331

(B)(2) Within the boundaries of a sole source aquifer	332
designated by the administrator of the United States environmental	333
protection agency under the "Safe Drinking Water Act," 88 Stat.	334
1660 (1974), 42 U.S.C.A. 300f, as amended.	335

(C) Neither the director nor any board shall issue a permit	336
to install under section 3714.051 of the Revised Code to establish	337
a new construction and demolition debris facility or to modify an	338
existing facility when the limits of construction and demolition	339
debris placement at the new facility or at any new portion of the	340
existing facility are proposed to be located in any of the	341
following locations:	342

(1) Within one hundred feet of a perennial stream as defined	343
by the United States geological survey seven and one-half minute	344
quadrangle map or a category 3 wetland;	345

(2) Within one hundred feet of the facility's property line;

346

(3)(a) Except as provided in division (C)(3)(b) of this	347
section, within five hundred feet of a residential or public water	348
supply well.	349

(b) Division (C)(3)(a) of this section does not apply to a	350
residential or public water supply well under any of the	351
circumstances specified in divisions (C)(3)(b)(i) to (iii) of this	352
section. Instead, the distance specified under each of the	353
following circumstance applies:	354

(i) If the well is controlled by the owner or operator of the	355
construction and demolition debris facility, any distance,	356
provided that the location of the limits of construction and	357
demolition debris placement does not violate any other provision	358
of this section;	359

(ii) If the well is hydrologically separated from the limits	360
of construction and demolition debris placement, the distance	361
comprising the hydrological separation;	362

(iii) If the well is upgradient from the limits of	363
construction and demolition debris placement and the geological	364
material that separates the uppermost aquifer and the limits of	365
construction and demolition debris placement consists of at least	366
five feet of material that has a maximum hydraulic conductivity of	367
1 x 10-5 cm/sec and all of the geologic material comprising the	368
five feet has a hydraulic conductivity equal to or less than 1 x	369
10-5 cm/sec, two hundred fifty feet.	370

(4) Within five hundred feet of a state park established or	371
dedicated under Chapter 1541. of the Revised Code, a state park	372
purchase area established under section 1541.02 of the Revised	373
Code, any unit of the national park system, or any property that	374
lies within the boundaries of a national park or recreation area,	375
but that has not been acquired or is not administered by the	376
secretary of the United States department of the interior, located	377
in this state, or any area located in this state that is	378
recommended by the secretary for study for potential inclusion in	379
the national park system in accordance with "The Act of August 18,	380
1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;	381

(5) Within five hundred feet of a natural area, any area	382
established by the department of natural resources as a state	383
wildlife area under Chapter 1531. of the Revised Code and rules	384
adopted under it, any area that is formally dedicated as a nature	385
preserve under section 1517.05 of the Revised Code, or any area	386
designated by the United States department of the interior as a	387
national wildlife refuge;	388

(6) Within five hundred feet of a lake;

389

(7) Within five hundred feet of an occupied dwelling.

390

(D) Neither the director nor any board shall issue a permit	391
to install under section 3714.051 of the Revised Code to establish	392
a new construction and demolition debris facility or to modify an	393
existing facility when the limits of construction and demolition	394
debris placement at the new facility or at any new portion of an	395
existing facility are proposed to be located less than five feet	396
above the uppermost aquifer system.	397

(E) Neither the director nor any board shall issue a permit	398
to install under section 3714.051 of the Revised Code to establish	399
a new construction and demolition debris facility or to modify an	400
existing facility when any road at the new facility or at any new	401
portion of an existing facility is proposed to be located within	402
five hundred feet of an occupied dwelling or within one hundred	403
feet from the facility's property line.	404

(F) Neither the director nor any board shall issue a permit	405
to install under section 3714.051 of the Revised Code to establish	406
a new construction and demolition debris facility unless the new	407
facility will have all of the following:	408

(1) Roads that follow the facility's perimeter. The roads	409
shall be constructed in a manner that allows use in all weather	410
conditions and will withstand the anticipated degree of use with	411
minimum erosion and generation of dust.	412

(2) Surface water drainage and sediment controls that are	413
required by the director;	414

(3) If the facility is proposed to be located in an area in	415
which an applicable zoning resolution allows residential	416
construction, vegetated earthen berms or an equivalent barrier	417
with a minimum height of six feet separating the facility from	418
adjoining property.	419

Sec. 3714.04. The(A) Subject to division (B) of this	420
section, the director of environmental protection or the board of	421
health having territorial jurisdiction may by order exempt any	422
person disposing of or proposing to dispose of construction and	423
demolition debris in such quantities or under such circumstances	424
that, in the determination of the director or board of health, are	425
unlikely to adversely affect the public health or safety or the	426
environment, or to create a fire hazard, from any provision of	427
this chapter or a rule adopted or order issued under it, other	428
than division (B)(2) of section 3714.03 or division (E) of section	429
3714.13 of the Revised Code. Neither the director nor any board of	430
health shall grant an exemption under this section from division	431
(A)(B)(1) of section 3714.03 of the Revised Code if the director	432
or board finds from the licensepermit to install application that	433
the establishment of a new construction or demolition debris	434
facility in the one-hundred-year flood plain of a watercourse	435
would result in an increase of more than one foot in the elevation	436
of the flood stage of the watercourse upstream or downstream from	437
the proposed facility. The applicant for a licensepermit to	438
install shall determine the increase in the flood stage resulting	439
from the location of the proposed facility within the	440
one-hundred-year flood plain of a watercourse based upon a design	441
storm of seven inches of precipitation in twenty-four hours and	442
upon standard methodologies set forth in "urban hydrology for	443
small watersheds" (soil conservation service technical release	444
number 55) and section 4 of the "national engineering hydrology	445
handbook" of the soil conservation service of the United States	446
department of agriculture.	447

(B) Before a board of health issues an order that exempts a	448
person disposing of or proposing to dispose of construction and	449
demolition debris as provided in division (A) of this section, the	450
board shall provide written notice to the director of the board's	451
intention to grant an exemption under that division. The notice	452
shall contain a description of the facts surrounding the proposed	453
exemption and any other information that the director may require.	454
Not later than thirty days after receipt of the notice, the	455
director shall approve or deny the proposed exemption. The	456
director shall provide a copy of the director's determination to	457
the board of health that submitted the notice to grant an	458
exemption. If the director approves the proposed exemption, the	459
board of health may issue the order granting the exemption as	460
provided under division (A) of this section. If the director	461
denies the proposed exemption, the board of health shall not issue	462
the order.	463

(C) The director's determination under this section is not	464
appealable.	465

Sec. 3714.05.  The board of health of each health district	466
maintaining a program on the approved list under division (A) or	467
(B)(1) or (2) of section 3714.09 of the Revised Code shall provide	468
for the issuance of permits to install for and the inspection or	469
of, licensing of, and enforcement of standards governing	470
construction and demolition debris facilities under this chapter	471
and rules adopted under it. The director of environmental	472
protection shall provide for the issuance of permits to install	473
for construction and demolition debris facilities, the inspection	474
and licensing of construction and demolition debris facilities,	475
and the enforcement of standards in health districts that are not	476
on the approved list under those divisions and may provide for the	477
inspection of the facilities and enforcement of standards in	478
health districts that are on the approved list under those	479
divisions. Further, the director may provide for the issuance of	480
permits to install in a health district on the approved list if so	481
requested by the applicable board of health under section 3714.051	482
of the Revised Code.	483

Sec. 3714.051. (A)(1) Not later than ninety days after the	484
effective date of this section and in accordance with rules	485
adopted under section 3714.02 of the Revised Code, the director of	486
environmental protection shall establish a program for the	487
issuance of permits to install for new construction and demolition	488
debris facilities and the modification of existing construction	489
and demolition debris facilities.	490

(2) On and after the effective date of this section, no	491
person shall modify an existing or establish a new construction	492
and demolition debris facility without first obtaining a permit to	493
install issued by the board of health of the health district in	494
which the facility is or is to be located or from the director if	495
the facility is or is to be located in a health district that is	496
not on the approved list under section 3714.09 of the Revised	497
Code.	498

(B) The director, the director's authorized representative, a	499
board of health, or an authorized representative of the board may	500
assist an applicant for a permit to install during the permitting	501
process by providing guidance and technical assistance.	502

(C) An applicant for a permit to install shall submit an	503
application to a board of health or the director, as applicable,	504
on a form that the director prescribes. The applicant shall	505
include with the application all of the following:	506

(1) The name and address of the applicant, of all partners if	507
the applicant is a partnership or of all officers and directors if	508
the applicant is a corporation, and of any other person who has a	509
right to control or in fact controls management of the applicant	510
or the selection of officers, directors, or managers of the	511
applicant;	512

(2) The designs and plans for the proposed construction and	513
demolition debris facility or modification of a facility that	514
include the proposed location of the facility or modification,	515
design and construction plans and specifications, anticipated	516
beginning and ending dates for work performed, and any other	517
related information that the director requires by rule;	518

(3) The information required under section 3714.052 of the	519
Revised Code;	520

(4) An application fee of two thousand dollars. A board of	521
health shall deposit money collected under division (C)(4) of this	522
section into the special fund of the health district created under	523
section 3714.07 of the Revised Code. The director shall transmit	524
money collected under division (C)(4) of this section to the	525
treasurer of state to be credited to the construction and	526
demolition debris facility oversight fund created in that section.	527
Not later than six months after the issuance of a permit to	528
install, a board of health or the director, as applicable, shall	529
refund the application fee received under division (C)(4) of this	530
section to the person that submitted the application for the	531
permit to install.	532

(5) Any other information required by the director in	533
accordance with rules adopted under section 3714.02 of the Revised	534
Code.	535

(D) A permit to install may be issued with terms and	536
conditions that a board of health or the director, as applicable,	537
finds necessary to ensure that the facility will comply with this	538
chapter and rules adopted under it and to protect public health	539
and safety and the environment.	540

(E) A permit to install shall expire after a time period	541
specified by the director or board of health, as applicable, in	542
accordance with rules adopted under section 3714.02 of the Revised	543
Code unless the applicant has undertaken a continuing program of	544
construction or has entered into a binding contractual obligation	545
to undertake and complete a continuing program of construction	546
within a reasonable time, in which case the director or board, as	547
applicable, may extend the expiration date of a permit to install	548
upon request of the applicant.	549

(F) The director or a board of health, as applicable, may	550
issue, deny, modify, suspend, or revoke a permit to install in	551
accordance with rules.	552

(G) A board of health shall notify the director of its	553
receipt of an application for a permit to install. A board of	554
health may request the director to review an application for a	555
permit to install and issue or deny it when the board determines	556
that additional expertise is required for such a review. Upon a	557
board of health's issuance of a permit to install for a	558
construction and demolition debris facility under this section,	559
the board shall mail a copy of the permit to the director together	560
with approved plans, specifications, and information regarding the	561
facility.	562

Sec. 3714.052. (A) An application for a permit to install a	563
new construction and demolition debris facility or modify an	564
existing facility that is submitted by the owner or operator of	565
the proposed new or modified facility under section 3714.051 of	566
the Revised Code shall be accompanied by all of the following:	567

(1) A listing of all construction and demolition debris	568
facilities that the owner or operator of the proposed new or	569
modified construction and demolition debris facility has operated	570
or is operating in this state;	571

(2) A listing of the construction and demolition debris	572
facilities that the owner or operator has operated or is operating	573
elsewhere in the United States together with a listing of the	574
construction and demolition debris facilities that the owner or	575
operator has operated or is operating outside the United States;	576

(3) A listing of all administrative enforcement orders issued	577
to the owner or operator, all civil actions in which the owner or	578
operator was determined by the trier of fact to be liable in	579
damages or was the subject of injunctive relief or another type of	580
civil relief, and all criminal actions in which the owner or	581
operator pleaded guilty or was convicted, during the fifteen years	582
immediately preceding the submission of the application, in	583
connection with any violation of an applicable state or federal	584
law pertaining to environmental protection that was alleged to	585
have occurred or to be occurring at any construction and	586
demolition debris facility that the owner or operator has operated	587
or is operating in the United States or with any violation of the	588
environmental laws of another country that was alleged to have	589
occurred or to be occurring at any construction and demolition	590
debris facility that the owner or operator has operated or is	591
operating outside the United States;	592

(4) A listing of all administrative enforcement orders, civil	593
actions, or criminal actions pending at the time of the submission	594
of the application for a permit to install in connection with a	595
violation of any applicable state or federal law or law of another	596
country pertaining to environmental protection that was alleged to	597
have occurred or to be occurring at any construction and	598
demolition debris facility that the owner or operator has operated	599
or is operating in the United States or outside the United States.	600

The lists of construction and demolition debris facilities	601
operated by the owner or operator within or outside this state or	602
outside the United States shall include all such facilities	603
operated by the owner or operator during the fifteen-year period	604
immediately preceding the submission of the application.	605

(B) If the applicant for a permit to install has been	606
involved in any prior activity involving the operation of a	607
construction and demolition debris facility, the director of	608
environmental protection or a board of health, as applicable, may	609
deny the application if the director or board finds from the	610
application, the information submitted under divisions (A)(1) to	611
(4) of this section, pertinent information submitted to the	612
director or board, and other pertinent information obtained by the	613
director or board at the director's or board's discretion that the	614
applicant or persons associated with the applicant, in the	615
operation of construction and demolition debris facilities, have a	616
history of substantial noncompliance with state and federal laws	617
pertaining to environmental protection or the environmental laws	618
of another country that indicates that the applicant lacks	619
sufficient reliability, expertise, and competence to operate the	620
proposed new or modified construction and demolition debris	621
facility in substantial compliance with this chapter and rules	622
adopted under it.	623

Sec. 3714.053. Not later than sixty days after the receipt of	624
an application for a permit to install a new construction and	625
demolition debris facility or to modify an existing facility, the	626
director of environmental protection or a board of health, as	627
applicable, shall hold a public hearing in the township or	628
municipal corporation in which the facility or proposed facility	629
is or is to be located. At least thirty days prior to the public	630
hearing, the person that submitted the application shall provide	631
notice of the time, day, and location of the public hearing in a	632
newspaper of general circulation in the locality of the facility	633
or proposed facility and shall mail a copy of the notice to the	634
director or the board of health, whichever is applicable. Further,	635
at least thirty days prior to the public hearing, the person that	636
submitted the application shall provide notification of the public	637
hearing by certified mail to the owner of each parcel of real	638
property that is adjacent to the facility or proposed facility.	639

Sec. 3714.06.  (A) No person shall establish, modify,	640
operate, or maintain a construction and demolition debris facility	641
without aan annual construction and demolition debris facility	642
installation and operation license issued by the board of health	643
of the health district in which the facility is or is to be	644
located or, if the facility is or is to be located in a health	645
district that is not on the approved list under division (A) or	646
(B)(1) or (2) of section 3714.09 of the Revised Code, from the	647
director of environmental protection. Each person proposing to	648
open a new construction and demolition debris facility or to	649
modify an existing facility shall, at least ninety days before	650
proposed operation of the facility, submit an application for a	651
license with accompanying plans, specifications, and information	652
regarding the facility and its method of operation to the board of	653
health of the health district in which the facility is located or	654
proposed for approval as complying with the rules adopted under	655
section 3714.02 of the Revised Code and the standards set forth in	656
divisions (A) and (B) of section 3714.03 of the Revised Code or,	657
if the health district in which the facility is located or	658
proposed to be located is not on the approved list under division	659
(A) or (B)(1) or (2) of section 3714.09 of the Revised Code, to	660
the director for approval as complying with those rules and	661
standards. If the board of health or the director, as appropriate,	662
finds that the proposed facility or modification complies with	663
those rules and standards, the board or director shall issue a	664
license for the facility. Any such license may be issued with such	665
terms and conditions as the board or the director, as appropriate,	666
finds necessary to ensure that the facility will comply with this	667
chapter and the rules adopted under it and to protect the public	668
health and safety and the environment. Licenses issued under this	669
section expire annually on the thirty-first day of December.	670

(B) During the month of December, but before the first day of	671
January of the next year, each person proposing to continue with	672
construction or operation of a construction and demolition debris	673
facility shall procure a license for the facility for that year	674
from the board of health of the health district in which the	675
facility is located or, if the facility is located in a health	676
district that is not on the approved list under division (A) or	677
(B)(1) or (2) of section 3714.09 of the Revised Code, from the	678
director. The application for a license shall be submitted to the	679
board of health or the director, as appropriate, on or before the	680
last day of September of the year preceding that for which the	681
license is sought. However, an application for a license for a new	682
facility or modification of an existing facility shall be	683
submitted at the time that an application for a permit to install	684
is submitted for the facility under section 3714.051 of the	685
Revised Code; the license shall be valid until the time that the	686
next annual license is required to be obtained for the facility	687
under this section. A person who has received a license, upon sale	688
or disposition of the facility, may, with the consent of the board	689
or the director, as appropriate, have the license transferred to	690
another person.	691

(C) The owner or operator of a construction and demolition	692
debris facility that is in operation or under construction on the	693
effective date of this section shall, within six months after the	694
effective date of the rules adopted under section 3714.02 of the	695
Revised Code, submit to the board of the health district in which	696
the facility is located or under construction an application for a	697
construction and demolition debris facility installation and	698
operation license and accompanying plans, specifications, and	699
information regarding the facility and its method of operation. If	700
the health district in which such an existing facility is not on	701
the approved list under division (A) or (B)(1) or (2) of section	702
3714.09 of the Revised Code, the owner or operator of the facility	703
shall submit the application for a license and accompanying plans,	704
specifications, and information regarding the facility and its	705
method of operation to the director within that time. The board or	706
the director, as appropriate, shall issue a license for such an	707
existing facility within ninety days after receiving a complete	708
application therefor and accompanying plans, specifications, and	709
information if the board or the director finds that the facility	710
complies with the rules adopted under section 3714.02 of the	711
Revised Code. When issuing a license under this division for an	712
existing facility or a license to expand any existing facility	713
that was initially licensed under this division onto contiguous	714
land owned by the owner or operator of the existing facility on	715
the date on which the application for a license for the facility	716
was submitted under this division, neither the board nor the	717
director shall consider whether the existing facility complies	718
with the standards set forth in divisions (A) and (B) of section	719
3714.03 of the Revised Code.	720

If the board of health or the director denies an application	721
submitted under this division, the board or the director shall	722
include in the order denying the application the requirements that	723
the owner or operator of the facility submit a plan for closure of	724
the facility to the board or the director, as appropriate, for	725
approval within six months after issuance of the order; cease	726
accepting construction and demolition debris for disposal; and	727
commence closure of the facility within one year after issuance of	728
the order.	729

(D) Upon issuance of a license by a board of health under	730
this section, the board of health shall mail a copy of the license	731
to the director together with a copy of the plans for the	732
operation of the facility that are required under section 3714.061	733
of the Revised Code. If a license authorizes construction of a new	734
facility or modification of an existing facility, the board shall	735
also mail with the license a copy of the approved plans,	736
specifications, and information regarding the facility and its	737
method of operation.	738

Sec. 3714.061. (A) A person who submits an application under	739
section 3714.06 of the Revised Code for an initial license to	740
operate a construction and demolition debris facility shall submit	741
with the application the plans for the operation of the facility	742
that are required by rules adopted under section 3714.02 of the	743
Revised Code. In addition, the owner or operator of the facility	744
shall submit any necessary updates to the plans for the operation	745
of the facility as required by rules adopted under that section	746
when submitting an application under section 3714.06 of the	747
Revised Code for an annual license for the continued operation of	748
the facility. The plans for the operation of the facility shall	749
include the plan for effective action in response to fire or	750
explosion at the facility as required by rules adopted under	751
section 3714.02 of the Revised Code.	752

(B) A person who submits an application under section 3714.06	753
of the Revised Code for an initial license to operate a	754
construction and demolition debris facility shall provide, at the	755
time that the application is submitted, to the fire department	756
that would respond to the facility a copy of the plan for	757
effective action in response to fire or explosion at the facility	758
that is required by rules adopted under section 3714.02 of the	759
Revised Code. In addition, the owner or operator of the facility	760
shall submit any necessary updates to the plan as required by	761
rules adopted under that section at the time that the owner or	762
operator submits an application under section 3714.06 of the	763
Revised Code for an annual license for continued operation of the	764
facility.	765

Sec. 3714.062. (A) The director of environmental protection,	766
in consultation with boards of health and a statewide association	767
representing construction and demolition debris facilities, shall	768
establish a program for the certification of operators of	769
construction and demolition debris facilities and shall establish	770
continuing education training requirements for those operators as	771
part of the certification program.	772

(B) The program for the certification of operators, including	773
the continuing education training requirements, shall include	774
instruction in and shall emphasize, at a minimum, both of the	775
following:	776

(1) The laws governing construction and demolition debris	777
facilities and disposal of construction and demolition debris;	778

(2) Best management practices governing construction and	779
demolition debris facilities and disposal of construction and	780
demolition debris.	781

(C) The director shall approve persons who provide continuing	782
education training for operators of construction and demolition	783
debris facilities.	784

(D) An operator shall successfully complete a minimum of ten	785
hours of continuing education training each calendar year. No	786
operator shall fail to comply with this division.	787

Sec. 3714.071.  (A) For the purpose of funding and conducting	788
ground water monitoring at construction and demolition debris	789
facilities by boards of health of health districts that are on the	790
approved list under section 3714.09 of the Revised Code and the	791
director of environmental protection, the director may adopt rules	792
under Chapter 119. of the Revised Code for the purpose of levying	793
a fee of not more than five cents per cubic yard or ten cents per	794
ton on the disposal of construction and demolition debris at a	795
construction and demolition debris facility that is licensed under	796
this chapter. Such a fee shall be in addition to the fee that is	797
levied under section 3714.07 of the Revised Code. If the director	798
adopts rules under this section establishing a fee on the disposal	799
of construction and demolition debris at a construction and	800
demolition debris facility, the rules shall be subject to review	801
every five years by the joint committee on agency rule review.	802

The owner or operator of a construction and demolition debris	803
facility shall collect the fee levied under rules adopted under	804
this section as a trustee for the health district having	805
jurisdiction over the facility, if that district is on the	806
approved list under section 3714.09 of the Revised Code, or for	807
the state. The owner or operator shall collect and remit the fee	808
in the same manner that the fee levied under section 3714.07 of	809
the Revised Code is collected and remitted.	810

The money collected by a board of health under this section	811
shall be paid into a special fund, which is hereby created in each	812
health district, and used solely to fund and conduct ground water	813
monitoring at construction and demolition debris facilities within	814
the health district as specified in division (B) of this section.	815
Of the money that is collected, a board of health shall transmit	816
eighty per cent of the money received from the owner or operator	817
of a facility under this section to the director not later than	818
forty-five days after the receipt of the money.	819

The director shall transmit all money received under this	820
section to the treasurer of state to be credited to the	821
construction and demolition debris facility ground water	822
monitoring fund, which is hereby created in the state treasury.	823
The director shall administer the fund and shall use money	824
credited to it solely for the purposes specified in division (B)	825
of this section.	826

(B) A board of health or the director, as applicable, shall	827
conduct ground water monitoring at construction and demolition	828
debris facilities in accordance with this section. In order to	829
conduct the monitoring, the board or director, as applicable,	830
shall pay for the installation of ground water monitoring wells,	831
ground water sampling, and the laboratory analysis of the ground	832
water samples at a construction and demolition debris facility in	833
accordance with either of the following, as applicable:	834

(1) If the facility is operating before the effective date of	835
this sectionApril 15, 2005, and the facility has not had ground	836
water monitoring wells installed and operating before that date,	837
the board of health or director, as applicable, shall pay the cost	838
of the installation of one or more ground water monitoring wells	839
and the annual sampling and laboratory analysis of the ground	840
water at the facility.	841

(2) If the facility is operating before the effective date of	842
this sectionApril 15, 2005, and the facility has had one or more	843
ground water monitoring wells installed and operating before that	844
date, the board of health or director, as applicable, shall pay	845
the cost of the installation of one or more additional ground	846
water monitoring wells and the annual sampling and laboratory	847
analysis of the ground water at the facility that exceeds the	848
facility's annual cost of ground water monitoring certified under	849
division (C) of this section by the owner or operator of the	850
facility.	851

A board of health or the director, as applicable, shall not	852
pay any costs under this section for the installation of ground	853
water monitoring wells, ground water sampling, or the laboratory	854
analysis of ground water samples at or from a construction and	855
demolition debris facility for which a permit to install has been	856
issued under section 3714.051 of the Revised Code or at or from a	857
modification of a facility for which a permit to install has been	858
issued under that section.	859

(C) For purposes of division (B)(2) of this section, the	860
owner or operator of a construction and demolition debris facility	861
that is operating before the effective date of this sectionApril	862
15, 2005, and that has had ground water monitoring wells installed	863
and has incurred monitoring costs before that date shall retain	864
for three years all documents evidencing the cost of the ground	865
water monitoring. If the board or director, as applicable,	866
requests documents evidencing the cost of the ground water	867
monitoring, the owner or operator of the facility shall certify to	868
the board or director, as applicable, the annual cost of ground	869
water monitoring at the facility.	870

(D) A board of health or the director, as applicable, shall	871
determine the priority of purchases for ground water monitoring	872
and the payment of the costs of conducting monitoring of ground	873
water as provided in division (B) of this section. However, a	874
board of health or the director, as applicable, shall not purchase	875
ground water monitoring wells or pay the costs of conducting	876
monitoring of ground water if the applicable fund does not have	877
sufficient money to pay those costs. The director shall consult	878
with boards of health to determine the priority of ground water	879
monitoring at construction and demolition debris facilities that	880
are licensed under this chapter.	881

(E) The director may adopt rules in accordance with Chapter	882
119. of the Revised Code that are necessary to administer this	883
section.	884

(F) A board of health or the director, as applicable, may	885
enter into contracts for the purpose of conducting ground water	886
monitoring that is required in this section.	887

Sec. 3714.081. (A) A construction and demolition debris	888
facility shall not accept pulverized debris except as provided in	889
division (B) of this section.	890

(B) Pulverized debris may be accepted at a construction and	891
demolition debris facility if it has been certified as	892
construction and demolition debris in accordance with rules	893
adopted under section 3714.02 of the Revised Code.	894

(C) The board of health of a health district in which a	895
construction and demolition debris facility is located, the	896
director of environmental protection, or an authorized	897
representative of either may request the removal of pulverized	898
debris that has been brought to the construction and demolition	899
debris facility. Upon the receipt of such a request, the owner or	900
operator of the facility shall do one of the following:	901

(1) Immediately cause the pulverized debris to be removed	902
from the facility;	903

(2) Store the pulverized debris at a location at the facility	904
where construction and demolition debris is not disposed of for	905
not more than ten days after the receipt of a request to remove	906
the debris from the facility. Not later than the end of the	907
ten-day period, the owner or operator shall cause the pulverized	908
debris to be removed from the facility.	909

Sec. 3714.082. (A) A construction and demolition debris	910
facility shall not accept material from a transfer facility unless	911
the transfer facility has certified that the material is	912
construction and demolition debris. A transfer facility shall not	913
transfer material to a construction and demolition debris facility	914
unless the transfer facility has provided such certification to	915
the owner or operator of the construction and demolition debris	916
facility. Certification shall be in a written form prescribed by	917
the director of environmental protection and shall be included	918
with each shipment of material certifying that the material is	919
construction and demolition debris. The certification shall be	920
provided to the owner or operator of a construction and demolition	921
debris facility at the time that the construction and demolition	922
debris that is the subject of the certification is presented at	923
the facility for disposal. The owner or operator of the	924
construction and demolition debris facility shall keep a copy of	925
the certification.	926

(B) If a transfer facility fails to provide certification to	927
the owner or operator of a construction and demolition debris	928
facility as required under this section, or if a transfer facility	929
falsely certifies debris as construction and demolition debris to	930
the owner or operator of a construction and demolition debris	931
facility, the owner or operator immediately shall notify the	932
director of the lack of certification or of the falsely certified	933
debris. The director subsequently shall investigate the	934
information provided by the owner or operator.	935

If, through the investigation, the director verifies the	936
information provided by the owner or operator, the director may	937
issue an order in the same manner as provided in section 3714.12	938
of the Revised Code prohibiting any construction and demolition	939
debris facility in this state from accepting construction and	940
demolition debris from the transfer facility for a time period	941
specified in the order. The director shall provide written	942
notification of the order to each owner or operator of a	943
construction and demolition debris facility in this state.	944

Sec. 3714.083. (A) If the owner or operator of a construction	945
and demolition debris facility rejects a shipment of debris	946
because the shipment is not eligible for disposal at the facility	947
under this chapter and rules adopted under it, the owner or	948
operator shall notify the director of environmental protection of	949
the rejection of the shipment. The notification shall be made in	950
accordance with rules adopted under section 3714.02 of the Revised	951
Code and shall include the date and time that the shipment was	952
rejected, the name of the transporter of the shipment, and the	953
reason for rejecting the shipment.	954

(B) A transporter of a shipment that has been rejected under	955
division (A) of this section shall notify the director of the	956
ultimate disposition of the shipment after the shipment's	957
rejection. The notification shall be made in accordance with rules	958
adopted under section 3714.02 of the Revised Code and shall	959
include the date and time that the shipment was ultimately	960
disposed of after its rejection, the location of the disposal, and	961
the name of the owner or operator of the construction and	962
demolition debris facility or solid waste facility that accepted	963
the shipment for disposal.	964

Sec. 3714.09.  (A) The director of environmental protection	965
shall place each health district that is on the approved list	966
under division (A) or (B) of section 3734.08 of the Revised Code	967
on the approved list for the purposes of issuing permits and	968
licenses under section 3714.06 of the Revised Codethis chapter.	969
Any survey or resurvey of any such health district conducted under	970
section 3734.08 of the Revised Code shall also determine whether	971
there is substantial compliance with this chapter. If the director	972
removes any such health district from the approved list under	973
division (B) of that section, the director shall also remove the	974
health district from the approved list under this division and	975
shall administer and enforce this chapter in the health district	976
until the health district is placed on the approved list under	977
division (B) of section 3734.08 of the Revised Code or division	978
(B)(1) of this section.	979

(B)(1) Upon the request of the board of health of a health	980
district that is not on the approved list under division (A) or	981
(B) of section 3734.08 of the Revised Code, the director may place	982
the board on the approved list for the purpose of permitting and	983
licensing construction and demolition debris facilities under	984
section 3714.06 of the Revised Codethis chapter if the director	985
determines that the board is both capable of and willing to	986
enforce all of the applicable requirements of this chapter and	987
rules adopted under it.	988

(2) The director shall annually survey each health district	989
on the approved list under division (B)(1) of this section to	990
determine whether there is substantial compliance with this	991
chapter and rules adopted under it. Upon determining that there is	992
substantial compliance, the director shall place the health	993
district on the approved list under that division. The director	994
shall make a resurvey when in the director's opinion a resurvey is	995
necessary and shall remove from the approved list under division	996
(B)(1) of this section any health district not substantially	997
complying with this chapter and rules adopted under it.	998

(3) If, after a survey or resurvey is made under division	999
(B)(2) of this section, the director determines that a health	1000
district is not eligible to be placed on the approved list or to	1001
continue on that list, the director shall certify that fact to the	1002
board of health of the health district and shall administer and	1003
enforce this chapter and rules adopted under it in the health	1004
district until such time as the health district is placed on the	1005
approved list.	1006

(4) Whenever the director is required to administer and	1007
enforce this chapter in any health district under division (A) or	1008
(B)(3) of this section, the director is hereby vested with all of	1009
the authority and all the duties granted to or imposed upon a	1010
board of health under this chapter and rules adopted under it	1011
within the health district. All disposal fees required to be paid	1012
to a board of health by section 3714.07 of the Revised Code and	1013
all such previous fees paid to the board, together with any money	1014
from construction and demolition debris facility license fees that	1015
were required to be paid to the board under section 3714.07 of the	1016
Revised Code as that section existed prior to the effective date	1017
of this amendmentApril 15, 2005, that have not been expended or	1018
encumbered shall be paid to the director and deposited by the	1019
director to the credit of the construction and demolition debris	1020
facility oversight fund created in section 3714.07 of the Revised	1021
Code.	1022

(C) Nothing in this chapter limits the authority of the	1023
director to initiate and pursue any administrative remedy or to	1024
request the attorney general, the prosecuting attorney of the	1025
appropriate county, or the city director of law of the appropriate	1026
city to initiate and pursue any appropriate judicial remedy	1027
available under this chapter to enforce any provision of this	1028
chapter and any rules or terms or conditions of any permit or	1029
license or order adopted or issued under this chapter with respect	1030
to any construction and demolition debris facility regardless of	1031
whether the facility is located in a health district that is on	1032
the approved list under division (A) or (B)(1) or (2) of this	1033
section.	1034

Sec. 3714.11.  (A) The attorney general, the prosecuting	1035
attorney of the county, or the city director of law where a	1036
violation has occurred, is occurring, or may occur, upon the	1037
request of the respective board of health of the health district,	1038
the legislative authority of the political subdivision in which a	1039
violation has occurred, is occurring, or may occur, or the	1040
director of environmental protection, shall prosecute to	1041
termination or bring an action for injunction against any person	1042
who has violated, is violating, or is threatening to violate any	1043
section of this chapter, applicable rules adopted under it, or	1044
terms or conditions of a permit, license, or order issued under	1045
it. The court of common pleas in which an action for injunction is	1046
filed has the jurisdiction to and shall grant preliminary and	1047
permanent injunctive relief upon a showing that the person against	1048
whom the action is brought has violated, is violating, or is	1049
threatening to violate any section of this chapter, applicable	1050
rules adopted under it, or terms or conditions of a permit,	1051
license, or order issued under it. The court shall give precedence	1052
to such an action over all other cases.	1053

(B) If the board of health of the health district in which a	1054
violation has occurred or is occurring or the director determines	1055
that any person has violated or is violating this chapter, a rule	1056
adopted under it, or a term or condition of a permit, license, or	1057
order issued under it, the board or the director may request in	1058
writing that the attorney general, the prosecuting attorney of the	1059
county, or the city director of law where the violation has	1060
occurred or is occurring to bring an action for civil penalties in	1061
any court of competent jurisdiction. Such an action shall have	1062
precedence over all other cases. The court may impose upon the	1063
person a civil penalty of not more than ten thousand dollars for	1064
each day of each violation of this chapter, a rule adopted under	1065
it, or a term or condition of a permit, license, or order issued	1066
under it.	1067

Moneys resulting from civil penalties imposed by an action	1068
brought at the request of the board of health shall be credited to	1069
the special fund of the health district created in section 3714.07	1070
of the Revised Code. Moneys resulting from civil penalties imposed	1071
by an action brought at the request of the director shall be	1072
credited to the hazardous waste clean-up fund created in section	1073
3734.28 of the Revised Code.	1074

Any action under this division is a civil action, governed by	1075
the Rules of Civil Procedure.	1076

(C) The director and board of health, within their respective	1077
territorial jurisdictions, may, upon their own initiative,	1078
investigate or make inquiries regarding the disposal of	1079
construction and demolition debris.	1080

(D) This chapter does not abridge rights of action or	1081
remedies in equity, under common law, or as provided by statute or	1082
prevent the state or any municipal corporation or person in the	1083
exercise of their rights in equity, under common law, or as	1084
provided by statute to suppress nuisances or to abate or prevent	1085
pollution.	1086

Sec. 3714.12.  (A) The board of health of a health district	1087
may make orders in accordance with section 3709.20 or 3709.21 of	1088
the Revised Code to a permit or license holder or other person to	1089
abate, within a specified, reasonable time, a violation of any	1090
section of this chapter, a rule adopted under it, or a term or	1091
condition of a permit or license issued under it. The director of	1092
environmental protection may issue enforcement orders in	1093
accordance with Chapter 3745. of the Revised Code to a permit or	1094
license holder or other person to abate, within a specified,	1095
reasonable time, a violation of any section of this chapter, a	1096
rule adopted under it, or a term or condition of a permit or	1097
license issued under it.	1098

(B) If the board of health or the director determines that	1099
conditions at a construction and demolition debris facility or	1100
other location where construction and demolition debris is being	1101
disposed of are causing or threatening to cause an imminent and	1102
substantial threat to public health or safety or the environment	1103
or an imminent and substantial risk of fire and that, due to any	1104
of those conditions, an emergency exists requiring immediate	1105
action to protect the public health or safety or the environment,	1106
the board or the director may, without notice or hearing, issue an	1107
order reciting the existence of the emergency and requiring that	1108
such action be taken as is necessary to meet the emergency. The	1109
order shall be effective immediately. Any person to whom such an	1110
order is directed shall comply immediately, but on application to	1111
the director or the board of health, as appropriate, shall be	1112
afforded a hearing as soon as possible, but not later than thirty	1113
days after application. On the basis of the hearing, the director	1114
or the board of health shall continue the order in effect or	1115
revoke or modify it. No emergency order shall remain in effect for	1116
more than ninety days after its issuance.	1117

Sec. 3714.13.  (A) No person shall violate any section of	1118
this chapter.	1119

(B) No person shall violate a rule adopted under this	1120
chapter.	1121

(C) No person shall violate an order issued under this	1122
chapter. Violation of an order issued by a board of health under	1123
this chapter is not also a violation of section 3709.20 or 3709.21	1124
of the Revised Code, whichever is applicable.	1125

(D) No person who holds a permit or license issued under this	1126
chapter shall violate any of the terms or conditions of the permit	1127
or license.	1128

(E) No owner or operator of a construction or demolition	1129
debris facility shall dispose of asbestos or asbestos-containing	1130
materials or products at the facility unless hethe owner or	1131
operator is specifically authorized to do so by the board of	1132
health of the health district in which the facility is located, or	1133
by the director, pursuant to rules adopted under division (D) of	1134
section 3714.02 of the Revised Code.	1135

(F) No person shall knowingly place or cause to be placed any	1136
reinforced or nonreinforced concrete, asphalt, clay tile, building	1137
or paving brick, or building or paving stone resulting from the	1138
alteration, construction, destruction, rehabilitation, or repair	1139
of any manmade physical structure that is built by humans as fill	1140
material on or in any land owned, leased, or controlled by the	1141
person, other than on the site where the materials were so	1142
generated or removed, without providing written notice to the	1143
board of health of the health district in which the land is	1144
located or, if the health district is not on the approved list	1145
under division (A) or (B)(1) or (2) of section 3714.09 of the	1146
Revised Code, to the director of environmental protection at least	1147
seven days prior to the first placement of any such materials as	1148
fill material at the off-site location.	1149

Sec. 3714.20. The director of environmental protection shall	1150
establish and maintain a computerized database or databases	1151
composed of the record made under section 3714.08 of the Revised	1152
Code of the annual inspection of each construction and demolition	1153
debris facility, information from the annual survey of each health	1154
district made under section 3714.09 or 3734.08 of the Revised	1155
Code, as applicable, and ground water and leachate data collected	1156
in accordance with rules adopted under section 3714.02 of the	1157
Revised Code. The information and data shall be stored in such a	1158
manner that they are easily retrieved and available for sharing	1159
with health districts and all other interested persons.	1160

Sec. 3734.28.  All moneys collected under sections 3734.122,	1161
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	1162
Code and natural resource damages collected by the state under the	1163
"Comprehensive Environmental Response, Compensation, and Liability	1164
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	1165
be paid into the state treasury to the credit of the hazardous	1166
waste clean-up fund, which is hereby created. In addition, any	1167
moneys recovered for costs paid from the fund for activities	1168
described in divisiondivisions (A)(1) and (2) of section 3745.12	1169
of the Revised Code shall be credited to the fund. The	1170
environmental protection agency shall use the moneys in the fund	1171
to conduct remediation activities at construction and demolition	1172
debris facilities licensed under Chapter 3714. of the Revised Code	1173
and for the purposes set forth in division (D) of section	1174
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	1175
3734.26, and 3734.27, and, through October 15, 2005, divisions	1176
(A)(1) and (2) of section 3745.12 and Chapter 3746. of the Revised	1177
Code, including any related enforcement expenses. In addition, the	1178
agency shall use the moneys in the fund to pay the state's	1179
long-term operation and maintenance costs or matching share for	1180
actions taken under the "Comprehensive Environmental Response,	1181
Compensation, and Liability Act of 1980," as amended. If those	1182
moneys are reimbursed by grants or other moneys from the United	1183
States or any other person, the moneys shall be placed in the fund	1184
and not in the general revenue fund.	1185

Section 2. That existing sections 3714.01, 3714.02, 3714.03,	1186
3714.04, 3714.05, 3714.06, 3714.071, 3714.09, 3714.11, 3714.12,	1187
3714.13, and 3734.28 of the Revised Code are hereby repealed.	1188

Section 3. This act is hereby declared to be an emergency	1189
measure necessary for the immediate preservation of the public	1190
peace, health, and safety. The reason for such necessity is that a	1191
moratorium on the siting of new construction and demolition debris	1192
facilities and the expansion of existing facilities is due to	1193
expire on December 31, 2005, and additional statutory requirements	1194
related to such facilities are necessary to protect public health	1195
and the environment. Therefore, this act shall go into immediate	1196
effect.	1197