Section 1. That sections 3714.01, 3714.02, 3714.03, 3714.04, | 11 |
3714.05, 3714.06, 3714.07, 3714.071, 3714.073, 3714.09, 3714.11, | 12 |
3714.12, 3714.13, 3734.281, 3734.57, 3745.04, 3745.05, and 3745.06 | 13 |
be amended and sections 3714.051, 3714.052, 3714.053, 3714.061, | 14 |
3714.062, 3714.081, 3714.082, 3714.083, 3714.101, and 3714.20 of | 15 |
the Revised Code be enacted to read as follows: | 16 |
(B) "Closure" means either the time at which a
construction | 22 |
and demolition debris facility will no longer accept
construction | 23 |
and demolition debris for disposal or the effective
date of an | 24 |
order revoking the license of the facility. "Closure"
includes | 25 |
measures performed to protect public health or safety,
to prevent | 26 |
air or water pollution, or to make the facility
suitable for other | 27 |
uses, if any, including, without limitation,
the establishment and | 28 |
maintenance of suitable cover of soil and
vegetation over areas | 29 |
where construction and demolition debris is
buried and the | 30 |
minimization of erosion, the infiltration of
surface water into | 31 |
such areas, the production of leachate, and
the accumulation and | 32 |
runoff of contaminated surface water. | 33 |
(C) "Construction and demolition debris" means those | 34 |
materials resulting from the alteration, construction, | 35 |
destruction, rehabilitation, or repair of any physical
structure | 36 |
that is built by humans, including, without limitation, houses, | 37 |
buildings,
industrial or commercial facilities, or roadways. | 38 |
"Construction and demolition debris" includes particles and dust | 39 |
created during demolition activities. "Construction
and demolition | 40 |
debris" does not include materials identified or
listed as solid | 41 |
wastes or hazardous waste pursuant to Chapter
3734. of the Revised | 42 |
Code and rules adopted under it; materials
from mining operations, | 43 |
nontoxic fly ash, spent nontoxic foundry
sand, and slag; or | 44 |
reinforced or nonreinforced concrete, asphalt,
building or paving | 45 |
brick, or building or paving stone that is
stored for a period of | 46 |
less than two years for recycling into a
usable construction | 47 |
material. | 48 |
(E) "Facility" means any site, location, tract of land, | 54 |
installation, or building used for the disposal of construction | 55 |
and demolition debris. "Facility" does not include any | 56 |
construction site where construction debris and trees and brush | 57 |
removed in clearing the construction site are used as fill | 58 |
material on the site where the materials are generated or removed | 59 |
and does not include any site where materials composed
exclusively | 60 |
of reinforced or nonreinforced concrete, asphalt,
clay tile, | 61 |
building or paving brick, or building or paving stone
are used as | 62 |
fill material, either alone or in conjunction with
clean soil, | 63 |
sand, gravel, or other clean aggregates, in
legitimate fill | 64 |
operations for construction purposes or to bring
the site up to a | 65 |
consistent grade. | 66 |
Sec. 3714.02. Within twelve months after
July 24, 1990, the | 105 |
The director of environmental protection
shall adopt, and may | 106 |
amend and rescind, rules in accordance with
Chapter 119. of the | 107 |
Revised Code governing construction and
demolition debris | 108 |
facilities and the inspection of and issuance
of permits to | 109 |
install and licenses for those facilities. The rules shall ensure | 110 |
that
the facilities will not create a nuisance, fire hazard, or | 111 |
health
hazard or cause or contribute to air or water pollution. | 112 |
The
rules shall establish all of the following: | 113 |
(E) Requirements for the installation of ground water | 155 |
monitoring wells and the monitoring of ground water quality at
any | 156 |
facility where the operation of the facility threatens to | 157 |
contaminate ground water;. The rules shall require that ground | 158 |
water monitoring be capable of determining impacts resulting from | 159 |
the operation of construction and demolition debris facilities. | 160 |
The rules also shall include provisions for ground water | 161 |
assessment and corrective actions for impacts to ground water. | 162 |
Further, the rules shall require that the owner or operator of a | 163 |
construction and demolition debris facility submit a monitoring | 164 |
report to the director or a board of health, as applicable, that | 165 |
has been prepared by a qualified ground water scientist and that | 166 |
includes all of the following: | 167 |
(1) The rules establishing the financial assurance | 214 |
requirements for the closure of facilities shall require that the | 215 |
owner or operator
of a facility, before being issued aan initial | 216 |
license for the facility
under section 3714.06 of the Revised | 217 |
Code, submit a surety bond,
a letter of credit, or other | 218 |
acceptable financial assurance, as specified by
the director in | 219 |
the rules, in an
amount equal to the estimated costs for closure | 220 |
of those portions
of the facility that have been, are being, or | 221 |
are to be used for
the disposal of construction and demolition | 222 |
debris as contained
in the closure plan for the facility approved | 223 |
by the board of
health of the health district in which the | 224 |
facility is or is to
be located or, if the facility is or is to be | 225 |
located in a health
district that is not on the approved list | 226 |
under division (A) or
(B)(1) or (2) of section 3714.09 of the | 227 |
Revised Code,determined by the
director or the appropriate board | 228 |
of health, as applicable. The rules shall include a list of the | 229 |
activities for which financial assurance may be required. The | 230 |
rules shall allow the director or board of health, as applicable, | 231 |
to adjust the amount of a surety bond, a letter of credit, or | 232 |
other acceptable financial assurance in conjunction with the | 233 |
issuance of an annual license. However, the rules shall require | 234 |
that the amount of a surety bond, letter of credit, or other | 235 |
acceptable financial assurance for the closure of a facility be | 236 |
not less than thirteen thousand dollars per acre of land that has | 237 |
been or is being used for the disposal of construction and | 238 |
demolition debris. The rules shall require an explanation of the | 239 |
rationale for financial assurance amounts exceeding thirteen | 240 |
thousand dollars per acre. | 241 |
(2)
The rules establishing the financial assurance | 242 |
requirements for the post-closure care of facilities shall address | 243 |
the maintenance of the facility, continuation of any required | 244 |
monitoring systems, and performance and maintenance of any | 245 |
specific requirements established in rules adopted under division | 246 |
(K) of this section or through a permit, license, or order of the | 247 |
director. The rules also shall allow the director or board of | 248 |
health, as applicable, to determine the amount of a surety bond, a | 249 |
letter of credit, or other acceptable financial assurance for the | 250 |
post-closure care of a facility based on a required cost estimate | 251 |
for the post-closure care of the facility. The rules shall require | 252 |
that the owner or operator of a facility provide post-closure | 253 |
financial assurance for a period of five years after the closure | 254 |
of a facility. However, the rules shall stipulate that | 255 |
post-closure care financial assurance may be extended beyond the | 256 |
five-year period if the extension of the post-closure care period | 257 |
is required under rules adopted under division (K) of this | 258 |
section. | 259 |
(I)(J) Requirements for the closure of facilities. The | 260 |
requirements shall include minimum requirements for the closure
of | 261 |
all facilities and such additional requirements as are
reasonably | 262 |
related to the location of the facility and the type
and quantity | 263 |
of materials disposed of in the facility. The rules shall require | 264 |
that an owner or operator of a facility, upon the closure of the | 265 |
facility, file in the office of the county recorder of the county | 266 |
in which the facility is located a notice that the property was | 267 |
previously used as a construction and demolition debris facility. | 268 |
The rules shall require that the notice be filed in the same | 269 |
manner as a deed to the property. The rules shall require that the | 270 |
notice include an engineering drawing attachment showing the | 271 |
physical locations of debris placement, an indication of the | 272 |
volumes of debris, and an indication of the depth of the final | 273 |
cover material. | 274 |
(K) Requirements for the post-closure care of facilities for | 275 |
a period of five years after the closure of a facility. However, | 276 |
the rules shall require that the post-closure care period may be | 277 |
extended by order of the applicable board of health, the director, | 278 |
or a court of competent jurisdiction if conditions at a facility | 279 |
are impacting public health or safety or the environment or if | 280 |
ground water assessment and corrective measures are required to be | 281 |
conducted at the facility under rules adopted under division (E) | 282 |
of this section. This division does not limit the authority of the | 283 |
director, a board of health, or a court of competent jurisdiction | 284 |
to issue an order under any other applicable chapter of the | 285 |
Revised Code. | 286 |
(1) With respect to a facility that permanently ceases | 289 |
acceptance of construction and demolition debris in calendar year | 290 |
2006, the post-closure care and post-closure care financial | 291 |
assurance requirements do not apply, provided that the owner or | 292 |
operator of the facility gives written notice of the date of the | 293 |
cessation to the applicable board of health or the director, the | 294 |
owner or operator of the facility does not submit a subsequent | 295 |
application for a license renewal for the facility after that | 296 |
cessation, and no order was issued by the applicable board of | 297 |
health, the director, or a court of competent jurisdiction | 298 |
governing the post-closure care of and post-closure financial | 299 |
assurance for that facility prior to the date specified in the | 300 |
written notice. | 301 |
(2) With respect to a facility that permanently ceases | 302 |
acceptance of construction and demolition debris in calendar year | 303 |
2007, the required period of time for post-closure care and | 304 |
post-closure care financial assurance shall be one year after the | 305 |
closure of the facility, provided that the owner or operator of | 306 |
the facility gives written notice of the date of the cessation to | 307 |
the applicable board of health or the director, the owner or | 308 |
operator does not submit a subsequent application for a license | 309 |
renewal for the facility after that cessation, and no order was | 310 |
issued by the applicable board of health, the director, or a court | 311 |
of competent jurisdiction governing the post-closure care of and | 312 |
post-closure financial assurance for that facility prior to the | 313 |
date specified in the written notice. | 314 |
Rules adopted under divisions (E) and (F) of this section | 335 |
apply to all new construction and demolition debris facilities for | 336 |
which a permit to install is required under section 3714.051 of | 337 |
the Revised Code on and after the effective date of this | 338 |
amendment. With respect to a facility that is licensed under | 339 |
section 3714.06 of the Revised Code and operating on the effective | 340 |
date of this amendment: if the facility does not have a ground | 341 |
water monitoring or leachate monitoring system, the facility is | 342 |
not required to comply with rules adopted under division (E) or | 343 |
(F) of this section; if the facility has a ground water monitoring | 344 |
system, but not a leachate monitoring system, the facility shall | 345 |
comply only with rules adopted under divisions (E) and (F)(3) of | 346 |
this section; and if the facility has a leachate monitoring | 347 |
system, but not a ground water monitoring system, the facility | 348 |
shall comply only with rules adopted under division (F) of this | 349 |
section. | 350 |
(2) "Category 3 wetland" means a wetland that supports | 356 |
superior habitat or hydrological or recreational functions as | 357 |
determined by an appropriate wetland evaluation methodology | 358 |
acceptable to the director of environmental protection. "Category | 359 |
3 wetland" includes a wetland with high levels of diversity, a | 360 |
high proportion of native species, and high functional values and | 361 |
includes, but is not limited to, a wetland that contains or | 362 |
provides habitat for threatened or endangered species. "Category 3 | 363 |
wetland" may include high quality forested wetlands, including old | 364 |
growth forested wetlands, mature forested riparian wetlands, | 365 |
vernal pools, bogs, fens, and wetlands that are scarce regionally. | 366 |
(4) "Occupied dwelling" means a residential dwelling and also | 373 |
includes a place of worship as defined in section 5104.01 of the | 374 |
Revised Code, a child day-care center as defined in that section, | 375 |
a hospital as defined in section 3727.01 of the Revised Code, a | 376 |
nursing home as defined in that section, a school, and a | 377 |
restaurant or other eating establishment. "Occupied dwelling" does | 378 |
not include a dwelling owned or controlled by the owner or | 379 |
operator of a construction and demolition debris facility to which | 380 |
the siting criteria established under this section are being | 381 |
applied. | 382 |
(A)(1)
Within the boundaries of
thea one-hundred-year flood | 394 |
plain
of a watercourse, as those boundaries are shown on the | 395 |
applicable maps prepared under the "National Flood Insurance Act | 396 |
of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, unless the | 397 |
owner or operator has obtained an exemption from
this division | 398 |
(B)(1) of this section
in
accordance with section 3714.04 of the | 399 |
Revised Code.
With
respect to watercourses or portions thereof
for | 400 |
whichIf no such
maps have been prepared, the boundaries of
thea | 401 |
one-hundred-year
flood plain shall be determined by the applicant | 402 |
for a licensepermit
based upon
a design storm of seven inches of | 403 |
precipitation in
twenty-four hours and upon standard methodologies | 404 |
set forth in
"urban hydrology for small watersheds" (soil | 405 |
conservation service
technical release number 55) and section 4 of | 406 |
the "national
engineering hydrology handbook" of the soil | 407 |
conservation service
of the United States department of | 408 |
agriculture. | 409 |
(4) Within five hundred feet of a park created or operated | 438 |
pursuant to section 301.26, 511.18, 755.08, 1545.04, or 1545.041 | 439 |
of the Revised Code, a state park established or
dedicated under | 440 |
Chapter 1541. of the Revised Code, a state park
purchase area | 441 |
established under section 1541.02 of the Revised
Code, a national | 442 |
recreation area, any unit of the national park system, or any | 443 |
property that
lies within the boundaries of a national park or | 444 |
recreation area,
but that has not been acquired or is not | 445 |
administered by the
secretary of the United States department of | 446 |
the interior, located
in this state, or any area located in this | 447 |
state that is
recommended by the secretary for study for potential | 448 |
inclusion in
the national park system in accordance with "The Act | 449 |
of August 18,
1970," 84
Stat. 825, 16 U.S.C.A. 1a-5, as amended; | 450 |
Sec. 3714.04. The(A) Subject to division (B) of this | 519 |
section, the director of environmental protection or
the board of | 520 |
health having territorial jurisdiction may by order
exempt any | 521 |
person disposing of or proposing to dispose of
construction and | 522 |
demolition debris in such quantities or under
such circumstances | 523 |
that, in the determination of the director or
board of health, are | 524 |
unlikely to adversely affect the public
health or safety or the | 525 |
environment, or to create a fire hazard,
from any provision of | 526 |
this chapter or a rule adopted or order
issued under it, other | 527 |
than division (B)(2) of section 3714.03 or
division (E) of section | 528 |
3714.13 of the Revised Code. Neither the
director nor any board of | 529 |
health shall grant an exemption under
this section from division | 530 |
(A)(B)(1) of section 3714.03 of the Revised
Code if the director | 531 |
or board finds from the licensepermit to install application
that | 532 |
the establishment of a new construction or demolition debris | 533 |
facility in the one-hundred-year flood plain of a watercourse | 534 |
would result in an increase of more than one foot in the
elevation | 535 |
of the flood stage of the watercourse upstream or
downstream from | 536 |
the proposed facility. The applicant for a
licensepermit to | 537 |
install shall determine the increase in the flood stage resulting | 538 |
from the location of the proposed facility within the | 539 |
one-hundred-year flood plain of a watercourse based upon a design | 540 |
storm of seven inches of precipitation in twenty-four hours and | 541 |
upon standard methodologies set forth in "urban hydrology for | 542 |
small watersheds" (soil conservation service technical release | 543 |
number 55) and section 4 of the "national engineering hydrology | 544 |
handbook" of the soil conservation service of the United States | 545 |
department of agriculture. | 546 |
(B) Except in the event of a natural disaster or public | 547 |
health emergency declared by the governor or the director of | 548 |
health, before a board of health issues an order that exempts a | 549 |
person disposing of or proposing to dispose of construction and | 550 |
demolition debris as provided in division (A) of this section, the | 551 |
board shall provide written notice to the director of | 552 |
environmental protection of the board's intention to grant an | 553 |
exemption under that division. The notice shall contain a | 554 |
description of the facts surrounding the proposed exemption and | 555 |
any other information that the director may request. Not later | 556 |
than thirty days after receipt of the notice, the director shall | 557 |
provide written comment to the board of health regarding the | 558 |
proposed exemption. The written comment shall be considered by the | 559 |
board of health prior to the board's issuance of an order granting | 560 |
the exemption. | 561 |
Sec. 3714.05. The board of health of each health district | 562 |
maintaining a program on the approved list under division (A) or | 563 |
(B)(1) or (2) of section 3714.09 of the Revised Code shall
provide | 564 |
for the issuance of permits to install for and the inspection or | 565 |
of, licensing of, and enforcement
of standards governing | 566 |
construction and demolition debris
facilities under this chapter | 567 |
and rules adopted under it. The
director of environmental | 568 |
protection shall provide for the issuance of permits to install | 569 |
for construction and demolition debris facilities, the
inspection | 570 |
and licensing of construction and demolition debris
facilities, | 571 |
and the enforcement of standards in health districts that
are not | 572 |
on the approved list under those divisionsthat section and may | 573 |
provide for the inspection of the facilities and enforcement of | 574 |
standards in health districts that are on the approved list under | 575 |
those divisionsthat section. Further, the director may provide | 576 |
for the issuance of permits to install in a health district on the | 577 |
approved list if so requested by the applicable board of health | 578 |
under section 3714.051 of the Revised Code. | 579 |
(4) An application fee of two thousand dollars. A board of | 616 |
health shall deposit money collected under division (C)(4) of this | 617 |
section into the special fund of the health district created under | 618 |
section 3714.07 of the Revised Code. The director shall transmit | 619 |
money collected under division (C)(4) of this section to the | 620 |
treasurer of state to be credited to the construction and | 621 |
demolition debris facility oversight fund created in that section. | 622 |
Not later than six months after a facility that is issued a permit | 623 |
to install begins accepting construction and demolition debris for | 624 |
disposal, a board of health or the director, as applicable, shall | 625 |
refund the application fee received under division (C)(4) of this | 626 |
section to the person that submitted the application for the | 627 |
permit to install. | 628 |
(E) A permit to install shall expire after a time period | 637 |
specified by the director or board of health, as applicable, in | 638 |
accordance with rules adopted under section 3714.02 of the Revised | 639 |
Code unless the applicant has undertaken a continuing program of | 640 |
construction or has entered into a binding contractual obligation | 641 |
to undertake and complete a continuing program of construction | 642 |
within a reasonable time, in which case the director or board, as | 643 |
applicable, may extend the expiration date of a permit to install | 644 |
upon request of the applicant. | 645 |
(3) A listing of all administrative enforcement orders issued | 678 |
to the owner or operator or a key employee of the owner or | 679 |
operator, all civil actions in which the owner or operator or a | 680 |
key employee of the owner or operator was determined by the trier | 681 |
of fact to be liable in damages or was the subject of injunctive | 682 |
relief or another type of civil relief, and all criminal actions | 683 |
in which the owner or operator or a key employee of the owner or | 684 |
operator pleaded guilty or was convicted, during the ten years | 685 |
immediately preceding the submission of the application, in | 686 |
connection with any violation by the owner or operator or a key | 687 |
employee of the owner or operator of an applicable state or | 688 |
federal law pertaining to environmental protection or the | 689 |
environmental laws of another country; | 690 |
(B) If the applicant for a permit to install has been | 705 |
involved in any prior activity involving the operation of a | 706 |
construction and demolition debris facility or other waste | 707 |
disposal facility, the director of environmental protection or a | 708 |
board of health, as applicable, may deny the application if the | 709 |
director or board finds from the application, the information | 710 |
submitted under divisions (A)(1) to (4) of this section, pertinent | 711 |
information submitted to the director or board, and other | 712 |
pertinent information obtained by the director or board at the | 713 |
director's or board's discretion that the applicant or any other | 714 |
person listed on the application, in the operation of construction | 715 |
and demolition debris facilities or other waste disposal | 716 |
facilities, has a history of substantial noncompliance with state | 717 |
and federal laws pertaining to environmental protection or the | 718 |
environmental laws of another country that indicates that the | 719 |
applicant lacks sufficient reliability, expertise, and competence | 720 |
to operate the proposed new construction and demolition debris | 721 |
facility in substantial compliance with this chapter and rules | 722 |
adopted under it. | 723 |
(C) At the same time that an application for an annual | 724 |
operation license required under section 3714.06 of the Revised | 725 |
Code is submitted, an owner or operator of a construction and | 726 |
demolition debris facility that has submitted the information | 727 |
required under division (A) of this section shall submit to the | 728 |
director or board of health, as applicable, all information | 729 |
required to be submitted under division (A) of this section that | 730 |
has changed or been added since the issuance of the most recent | 731 |
annual operation license for the facility. If, during that period, | 732 |
there have been no changes in or additions to that information, | 733 |
the owner or operator shall submit to the director or board an | 734 |
affidavit stating that there have been no changes in or additions | 735 |
to that information during that time period. The director or board | 736 |
may revoke the license for the facility if the updated information | 737 |
indicates any of the reasons specified in division (B) of this | 738 |
section for the denial of an application for a permit to install. | 739 |
(D) A person to whom the permit to install or the license for | 740 |
a construction and demolition debris facility is proposed to be | 741 |
transferred under division (B) of section 3714.06 of the Revised | 742 |
Code shall submit to the director or a board of health, as | 743 |
applicable, the information that is required to be submitted under | 744 |
division (A) of this section by an applicant for a permit to | 745 |
install not later than one hundred twenty days prior to the | 746 |
proposed acquisition of the facility by the transferee. The | 747 |
director or board of health may deny the transfer of the permit or | 748 |
license, as applicable, if the information regarding the | 749 |
transferee indicates any of the reasons specified in division (B) | 750 |
of this section for the denial of an application for a permit to | 751 |
install. | 752 |
(E) When the owner or operator of a facility employs a new | 753 |
key employee, the owner or operator shall submit or shall require | 754 |
the new key employee to submit to the director or a board of | 755 |
health, as applicable, information regarding the new key employee | 756 |
that is required to be submitted under division (A) of this | 757 |
section by an applicant for a permit to install. The director or | 758 |
board may revoke the permit to install or the license for the | 759 |
facility, as applicable, if the information regarding the new key | 760 |
employee indicates any of the reasons specified in division (B) of | 761 |
this section for the denial of an application for a permit to | 762 |
install. | 763 |
(F) In lieu of complying with this section, an applicant for | 764 |
a permit to install for, or a proposed transferee of a permit to | 765 |
install or a license for, a construction and demolition debris | 766 |
facility may choose to comply with sections 3734.41 to 3734.47 of | 767 |
the Revised Code. An applicant or transferee that so chooses shall | 768 |
comply with those sections. For purposes of this division, | 769 |
sections 3734.41 to 3734.47 of the Revised Code are deemed to | 770 |
apply to applicants for permits to install for, and proposed | 771 |
transferees of permits to install or licenses for, construction | 772 |
and demolition debris facilities. The director shall provide | 773 |
notice in writing to the applicable board of health that the | 774 |
applicant or proposed transferee has complied with sections | 775 |
3734.41 to 3734.47 of the Revised Code and has sufficient | 776 |
reliability, expertise, and competence to operate the construction | 777 |
and demolition debris facility in substantial compliance with this | 778 |
chapter and the rules adopted under it. | 779 |
(G) As used in this section, "key employee" means an | 780 |
individual employed by an applicant for a permit to install for, | 781 |
or by the proposed transferee of a permit to install or license | 782 |
for, a construction and demolition debris facility in a | 783 |
supervisory capacity or who is empowered to make discretionary | 784 |
decisions with respect to the construction and demolition debris | 785 |
operations of the applicant or transferee, but does not include an | 786 |
employee who is exclusively engaged in the physical or mechanical | 787 |
collection, transfer, transportation, storage, or disposal of | 788 |
construction and demolition debris. If the applicant or transferee | 789 |
has entered into a contract with another person to operate the | 790 |
facility that is the subject of the application or transfer, "key | 791 |
employee" includes an employee of the contractor who acts in a | 792 |
supervisory capacity or is empowered to make discretionary | 793 |
decisions with respect to the operation of the facility. | 794 |
Sec. 3714.053. Not later than sixty days after the director | 795 |
of environmental protection or a board of health, as applicable, | 796 |
receives an application for a permit to install a new construction | 797 |
and demolition debris facility, the applicant shall hold a public | 798 |
hearing in the township or municipal corporation in which the | 799 |
facility or proposed facility is or is to be located. At least | 800 |
thirty days prior to the public hearing, the applicant shall | 801 |
provide notice of the time, day, and location of the public | 802 |
hearing in a newspaper of general circulation in the locality of | 803 |
the facility or proposed facility and shall mail a copy of the | 804 |
notice to the director or the board of health, whichever is | 805 |
applicable. Further, at least thirty days prior to the public | 806 |
hearing, the applicant shall provide notification of the public | 807 |
hearing by certified mail to the owner of each parcel of real | 808 |
property that is adjacent to the facility or proposed facility. | 809 |
Sec. 3714.06. (A) No person shall establish, modify, | 810 |
operate, or maintain a construction and demolition debris
facility | 811 |
without aan annual construction and demolition debris facility | 812 |
installation and operation license issued by the board of health | 813 |
of the health district in which the facility is or is to be | 814 |
located or, if the facility is or is to be located in a health | 815 |
district that is not on the approved list under division (A) or | 816 |
(B)(1) or (2) of section 3714.09 of the Revised Code, from the | 817 |
director of environmental protection. Each person proposing to | 818 |
open a new construction and demolition debris facility or to | 819 |
modify an existing facility shall, at least ninety days before | 820 |
proposed operation of the facility, submit an application for a | 821 |
license with accompanying plans, specifications, and information | 822 |
regarding the facility and its method of operation to the board
of | 823 |
health of the health district in which the facility is located
or | 824 |
proposed for approval as complying with the rules adopted
under | 825 |
section 3714.02 of the Revised Code and the standards set
forth in | 826 |
divisions (A) and (B) of section 3714.03 of the Revised
Code or, | 827 |
if the health district in which the facility is located
or | 828 |
proposed to be located is not on the approved list under
division | 829 |
(A) or (B)(1) or (2) of section 3714.09 of the Revised
Code, to | 830 |
the director for approval as complying with those rules
and | 831 |
standards. If the board of health or the director, as
appropriate, | 832 |
finds that the proposed facility or modification
complies with | 833 |
those rules and standards, the board or director
shall issue a | 834 |
license for the facility. Any such license may be
issued with such | 835 |
terms and conditions as the board or the
director, as appropriate, | 836 |
finds necessary to ensure that the
facility will comply with this | 837 |
chapter and the rules adopted
under it and to protect the public | 838 |
health and safety and the
environment. Licenses issued under this | 839 |
section expire annually
on the thirty-first day of December. | 840 |
(B) During the month of December, but before the first day
of | 841 |
January of the next year, each person proposing to continue
with | 842 |
construction or operation of a construction and demolition
debris | 843 |
facility shall procure a license for the facility for that
year | 844 |
from the board of health of the health district in which the | 845 |
facility is located or, if the facility is located in a health | 846 |
district that is not on the approved list under division (A) or | 847 |
(B)(1) or (2) of section 3714.09 of the Revised Code, from the | 848 |
director. The application for a license shall be submitted to
the | 849 |
board of health or the director, as appropriate, on or before
the | 850 |
last day of September of the year preceding that for which
the | 851 |
license is sought. AAn application for a license for a new | 852 |
facility shall be submitted prior to operation of the new | 853 |
facility. The license shall be valid until the time that the next | 854 |
annual license is required to be obtained for the facility under | 855 |
this section. | 856 |
A person who has received a license, upon
sale or disposition | 857 |
of the facility, may, with the consentapproval of the
board or | 858 |
the director, as appropriate, have the license as well as a permit | 859 |
to install for the facility
transferred to another person. The | 860 |
board or director may disapprove the transfer of the permit or | 861 |
license, as applicable, for any of the reasons specified in | 862 |
division (B) of section 3714.052 of the Revised Code for the | 863 |
denial of an application for a permit to install. | 864 |
(C) The owner or operator of a construction and demolition | 865 |
debris facility that is in operation or under construction on the | 866 |
effective date of this section shall, within six months after the | 867 |
effective date of the rules adopted under section 3714.02 of the | 868 |
Revised Code, submit to the board of the health district in which | 869 |
the facility is located or under construction an application for
a | 870 |
construction and demolition debris facility installation and | 871 |
operation license and accompanying plans, specifications, and | 872 |
information regarding the facility and its method of operation.
If | 873 |
the health district in which such an existing facility is not
on | 874 |
the approved list under division (A) or (B)(1) or (2) of
section | 875 |
3714.09 of the Revised Code, the owner or operator of the
facility | 876 |
shall submit the application for a license and
accompanying plans, | 877 |
specifications, and information regarding the
facility and its | 878 |
method of operation to the director within that
time. The board or | 879 |
the director, as appropriate, shall issue a
license for such an | 880 |
existing facility within ninety days after
receiving a complete | 881 |
application therefor and accompanying plans,
specifications, and | 882 |
information if the board or the director
finds that the facility | 883 |
complies with the rules adopted under
section 3714.02 of the | 884 |
Revised Code. When issuing a license
under this division for an | 885 |
existing facility or a license to
expand any existing facility | 886 |
that was initially licensed under
this division onto contiguous | 887 |
land owned by the owner or operator
of the existing facility on | 888 |
the date on which the application for
a license for the facility | 889 |
was submitted under this division,
neither the board nor the | 890 |
director shall consider whether the
existing facility complies | 891 |
with the standards set forth in
divisions (A) and (B) of section | 892 |
3714.03 of the Revised Code. | 893 |
(D) Upon issuance of a license by a board of health under | 903 |
this section, the
board of health shall mail a copy of the license | 904 |
to the director together with a copy of the plans for the | 905 |
operation of the facility or any necessary plan updates, as | 906 |
applicable, that are required under section 3714.061 of the | 907 |
Revised Code.
If a license authorizes construction of a new | 908 |
facility or
modification of an existing facility, the board shall | 909 |
also mail
with the license a copy of the approved plans, | 910 |
specifications,
and information regarding the facility and its | 911 |
method of
operation. | 912 |
Sec. 3714.061. (A) A person who submits an application under | 916 |
section 3714.06 of the Revised Code for a license to operate a | 917 |
construction and demolition debris facility shall submit with the | 918 |
application the plans for the operation of the facility that are | 919 |
required in rules adopted under division (G) of section 3714.02 of | 920 |
the Revised Code. In addition, the owner or operator of the | 921 |
facility shall submit any necessary updates to the plans for the | 922 |
operation of the facility as required in rules adopted under that | 923 |
division when submitting an application under section 3714.06 of | 924 |
the Revised Code for an annual license for the continued operation | 925 |
of the facility. The plans for the operation of the facility shall | 926 |
include the contingency plans that are required in rules adopted | 927 |
under division (H) of section 3714.02 of the Revised Code. | 928 |
(B) A person who submits an application under section 3714.06 | 929 |
of the Revised Code for a license to operate a construction and | 930 |
demolition debris facility shall provide, at the time that the | 931 |
application is submitted, to the fire department that would | 932 |
respond to the facility a copy of the contingency plans that are | 933 |
required in rules adopted under division (H) of section 3714.02 of | 934 |
the Revised Code. In addition, the owner or operator of the | 935 |
facility shall submit any necessary updates to the plans as | 936 |
required in rules adopted under that division at the time that the | 937 |
owner or operator submits an application under section 3714.06 of | 938 |
the Revised Code for an annual license for continued operation of | 939 |
the facility. | 940 |
(2) The owner or operator of a construction and demolition | 979 |
debris facility or a solid waste facility shall
determine
if cubic | 980 |
yards or tons will be used as the unit of
measurement. In | 981 |
estimating the fee based on cubic yards, the owner or
operator | 982 |
shall
utilize either
the maximum cubic yard capacity of the | 983 |
container, or the
hauling volume of the
vehicle, that transports | 984 |
the construction
and demolition debris to the facility or the | 985 |
cubic yards actually logged for disposal by the owner or operator | 986 |
in accordance with rules adopted under section 3714.02 of the | 987 |
Revised Code. If basing the fee on
tonnage, the owner or operator | 988 |
shall use certified scales to
determine the tonnage of | 989 |
construction and demolition debris that
is transported to the | 990 |
facility for disposal. | 991 |
(3) The owner or operator of a construction and demolition | 992 |
debris
facility
or a solid waste facility shall collect the fee | 993 |
levied under division (A) of this section as a
trustee for the | 994 |
health
district having jurisdiction over the
facility, if that | 995 |
district is on the
approved list under section
3714.09 of the | 996 |
Revised Code, or
for the state. The owner or
operator shall | 997 |
prepare and file with the
appropriate board of
health or the | 998 |
director of environmental protection
monthly returns
indicating | 999 |
the total volume or weight, as applicable, of construction and | 1000 |
demolition
debris
received for disposal at the facility and the | 1001 |
total amount of
money
required to be collected on the construction | 1002 |
and demolition
debris disposed of
during that month. Not later | 1003 |
than thirty days
after the last day of the month to which the | 1004 |
return applies, the
owner or
operator shall mail to the board of | 1005 |
health or the
director the return for that
month together with the | 1006 |
money
required to be collected on the construction
and demolition | 1007 |
debris
disposed of during that month. The owner or
operator may | 1008 |
request,
in writing, an extension of not more than thirty days | 1009 |
after the
last day of the month to which the return applies. A | 1010 |
request for
extension may be denied. If the owner or operator | 1011 |
submits the
money late, the owner or operator shall pay a penalty | 1012 |
of
ten per cent
of the amount of the money due for each
month that | 1013 |
it is late. | 1014 |
(4) Of the money that is collected from a construction and | 1015 |
demolition debris facility or a solid waste facility on a per | 1016 |
cubic yard or per ton basis
under
this section, a board of health | 1017 |
shall transmit three cents per
cubic
yard or six cents per ton, as | 1018 |
applicable, to the director
not
later than forty-five days after | 1019 |
the receipt of the money.
The money retained by a board of health | 1020 |
under this
section shall
be paid into a special fund, which is | 1021 |
hereby created in each
health district, and used solely to | 1022 |
administer and enforce this
chapter and rules adopted under it. | 1023 |
(B) The board of health of
a health district or the director | 1033 |
may enter into an agreement with the owner
or
operator of a | 1034 |
construction and demolition debris facility
or a solid waste | 1035 |
facility for
the quarterly
payment of the money collected from the | 1036 |
disposal
fee. The board
of health shall notify the director of any | 1037 |
such agreement.
Not
later than forty-five days after receipt of | 1038 |
the quarterly payment,
the board of health shall transmit the | 1039 |
amount established in division (A)(4) of this section to the | 1040 |
director. The
money
retained by the board of health shall be | 1041 |
deposited in the
special
fund of the district as required under | 1042 |
that division. Upon receipt of the money from a board of
health, | 1043 |
the
director shall transmit the money to the treasurer
of state to | 1044 |
be credited to the construction and demolition debris
facility | 1045 |
oversight fund. | 1046 |
The legislative authority of the municipal corporation or | 1056 |
township may appropriate the money from the fee by
enacting an | 1057 |
ordinance or adopting a resolution establishing the amount
of the | 1058 |
fee to be
appropriated. Upon doing so, the
legislative authority | 1059 |
shall mail
a certified copy of the
ordinance or resolution to the | 1060 |
board of
health of the health
district in which the construction | 1061 |
and
demolition debris
facility or the solid waste facility is | 1062 |
located or, if the facility is
located in a health
district that | 1063 |
is not on the approved list
under section
3714.09 of the Revised | 1064 |
Code, to the director. Upon
receipt of the copy of the ordinance | 1065 |
or resolution and not later
than forty-five days after receipt of | 1066 |
money collected from the
fee,
the board or the director, as | 1067 |
applicable, shall
transmit to
the treasurer or other appropriate | 1068 |
officer of the municipal
corporation or clerk of the township that | 1069 |
portion of the money
collected from the disposal fee by the owner | 1070 |
or operator of the
facility that is
required by the ordinance or | 1071 |
resolution to be paid to
that
municipal corporation or township. | 1072 |
The board of county commissioners may appropriate the money | 1099 |
from the fee by adopting a resolution establishing the amount of | 1100 |
the fee to be appropriated. Upon doing so, the board of county | 1101 |
commissioners shall mail a certified copy of the resolution to the | 1102 |
board of health of the health district in which the construction | 1103 |
and demolition debris facility or the solid waste facility is | 1104 |
located or, if the facility is located in a health district that | 1105 |
is not on the approved list under section 3714.09 of the Revised | 1106 |
Code, to the director. Upon receipt of the copy of the resolution | 1107 |
and not later than forty-five days after receipt of money | 1108 |
collected from the fee, the board of health or the director, as | 1109 |
applicable, shall transmit to the treasurer of the county that | 1110 |
portion of the money collected from the disposal fee by the owner | 1111 |
or operator of the facility that is required by the resolution to | 1112 |
be paid to that county. | 1113 |
Sec. 3714.071. (A) For the purpose of funding and conducting | 1156 |
ground water monitoring at construction and demolition debris | 1157 |
facilities by boards of health of health districts that are on the | 1158 |
approved list under section 3714.09 of the Revised Code and the | 1159 |
director of environmental protection, the director may adopt rules | 1160 |
under Chapter 119. of the Revised Code for the purpose of levying | 1161 |
a fee of not more than five cents per cubic yard or ten cents per | 1162 |
ton on the disposal of construction and demolition debris at a | 1163 |
construction and demolition debris facility that is licensed under | 1164 |
this chapter. Such a fee shall be in addition to the fee that is | 1165 |
levied under section 3714.07 of the Revised Code. If the director | 1166 |
adopts rules under this section establishing a fee on the disposal | 1167 |
of construction and demolition debris at a construction and | 1168 |
demolition debris facility, the rules shall be subject to review | 1169 |
every five years by the joint committee on agency rule review. | 1170 |
(B) A board of health or the director, as applicable, shall | 1195 |
conduct ground water monitoring at construction and demolition | 1196 |
debris facilities in accordance with this section. In order to | 1197 |
conduct the monitoring, the board or director, as applicable, | 1198 |
shall pay for the installation of ground water monitoring wells, | 1199 |
ground water sampling, and the laboratory analysis of the ground | 1200 |
water samples at a construction and demolition debris facility in | 1201 |
accordance with either of the following, as applicable: | 1202 |
(2) If the facility is operating before the effective date of | 1210 |
this sectionApril 15, 2005, and the facility has had one or more | 1211 |
ground water monitoring wells installed and operating before that | 1212 |
date, the board of health or director, as applicable, shall pay | 1213 |
the cost of the installation of one or more additional ground | 1214 |
water monitoring wells and the annual sampling and laboratory | 1215 |
analysis of the ground water at the facility that exceeds the | 1216 |
facility's annual cost of ground water monitoring certified under | 1217 |
division (C) of this section by the owner or operator of the | 1218 |
facility. | 1219 |
(C) For purposes of division (B)(2) of this section, the | 1227 |
owner or operator of a construction and demolition debris facility | 1228 |
that is operating before the effective date of this sectionApril | 1229 |
15, 2005, and that has had ground water monitoring wells installed | 1230 |
and has incurred monitoring costs before that date shall retain | 1231 |
for three years all documents evidencing the cost of the ground | 1232 |
water monitoring. If the board or director, as applicable, | 1233 |
requests documents evidencing the cost of the ground water | 1234 |
monitoring, the owner or operator of the facility shall certify to | 1235 |
the board or director, as applicable, the annual cost of ground | 1236 |
water monitoring at the facility. | 1237 |
(D) A board of health or the director, as applicable, shall | 1238 |
determine the priority of purchases for ground water monitoring | 1239 |
and the payment of the costs of conducting monitoring of ground | 1240 |
water as provided in division (B) of this section. However, a | 1241 |
board of health or the director, as applicable, shall not purchase | 1242 |
ground water monitoring wells or pay the costs of conducting | 1243 |
monitoring of ground water if the applicable fund does not have | 1244 |
sufficient money to pay those costs. The director shall consult | 1245 |
with boards of health to determine the priority of ground water | 1246 |
monitoring at construction and demolition debris facilities that | 1247 |
are licensed under this chapter. | 1248 |
(B) The board of health of a health district in which a | 1321 |
construction and demolition debris facility is located, the | 1322 |
director of environmental protection, or an authorized | 1323 |
representative of either may request the removal of pulverized | 1324 |
debris that has been brought to the construction and demolition | 1325 |
debris facility. A board, the director, or an authorized | 1326 |
representative of either shall make such a request when the | 1327 |
pulverized debris is at the unloading zone of the facility | 1328 |
designated under rules adopted under section 3714.02 of the | 1329 |
Revised Code and not after the debris has been disposed of on the | 1330 |
working face of the facility. Upon the receipt of such a request, | 1331 |
the owner or operator of the facility shall comply with section | 1332 |
3714.083 of the Revised Code and shall do one of the following: | 1333 |
Sec. 3714.082. (A) Except as provided in division (B) of this | 1344 |
section, a construction and demolition debris facility may request | 1345 |
a transfer facility to certify that material that is transferred | 1346 |
from the transfer facility to the construction and demolition | 1347 |
debris facility is not off-specification material; hazardous | 1348 |
waste, solid wastes, or infectious wastes; or low-level | 1349 |
radioactive waste whose treatment, recycling, storage, or disposal | 1350 |
is governed under division (B) of section 3748.10 of the Revised | 1351 |
Code. As used in this section, "hazardous waste," "solid wastes," | 1352 |
and "infectious wastes" have the same meanings as in section | 1353 |
3734.01 of the Revised Code. | 1354 |
Sec. 3714.083. (A) If the owner or operator of a construction | 1362 |
and demolition debris facility rejects a load of debris that has | 1363 |
been accepted at the unloading zone of the facility because the | 1364 |
load is not eligible for disposal at the facility under this | 1365 |
chapter and rules adopted under it, including section 3714.081 of | 1366 |
the Revised Code, the owner or operator shall notify the director | 1367 |
of environmental protection or a board of health, as applicable, | 1368 |
of the rejection of the load. The notification shall be made in | 1369 |
accordance with rules adopted under section 3714.02 of the Revised | 1370 |
Code and shall include the date and time that the load was | 1371 |
rejected, the license plate number of the vehicle transporting the | 1372 |
rejected load as well as an indication of the state of origin of | 1373 |
the vehicle, the name of the transporter or shipper of the load, | 1374 |
if ascertainable, and the reason for rejecting the load. After | 1375 |
rejecting a load, the owner or operator shall give the transporter | 1376 |
or shipper of the load, as applicable, instructions regarding the | 1377 |
requirements of division (B) of this section. The instructions | 1378 |
shall be on a form prescribed by the director. | 1379 |
(B) A transporter or shipper of a load that has been rejected | 1380 |
under division (A) of this section shall notify the director or | 1381 |
board, as applicable, of the ultimate disposition of the load | 1382 |
after the load's rejection. The notification shall be made in | 1383 |
accordance with rules adopted under section 3714.02 of the Revised | 1384 |
Code and shall include the date and time that the load was | 1385 |
ultimately disposed of after its rejection, the location of the | 1386 |
disposal, and the name of the owner or operator of the facility | 1387 |
that accepted the load for disposal. | 1388 |
Sec. 3714.09. (A) The director of environmental
protection | 1389 |
shall place each health district that is on the
approved list | 1390 |
under division (A) or (B) of section 3734.08 of the
Revised Code | 1391 |
on the approved list for the purposes of issuing permits to | 1392 |
install and
licenses under section 3714.06 of the Revised Code | 1393 |
this chapter. Any survey
or resurvey of any such health district | 1394 |
conducted under section
3734.08 of the Revised Code shall also | 1395 |
determine whether there is
substantial compliance with this | 1396 |
chapter. If the director
removes any such health district from the | 1397 |
approved list under
division (B) of that section, the director | 1398 |
shall also remove
the health
district from the approved list under | 1399 |
this division and shall
administer and enforce this chapter in the | 1400 |
health district until
the health district is placed on the | 1401 |
approved list under division
(B) of section 3734.08 of the Revised | 1402 |
Code or division (B)(1) of
this section. | 1403 |
(4) Whenever the director is required to administer and | 1431 |
enforce this chapter in any health district under division (A) or | 1432 |
(B)(3) of this section, the director is hereby vested with
all of | 1433 |
the
authority and all the duties granted to or imposed upon a | 1434 |
board
of health under this chapter and rules adopted under it | 1435 |
within
the health district. All disposal fees required to be paid | 1436 |
to a board of health by
section 3714.07 of the Revised Code and | 1437 |
all such previous fees
paid to the board, together with any money | 1438 |
from construction and demolition debris facility license fees that | 1439 |
were required to be paid to the board under section 3714.07 of the | 1440 |
Revised Code as that section existed prior to the effective date | 1441 |
of this amendmentApril 15, 2005, that have not been expended or | 1442 |
encumbered shall
be paid to the director and deposited by the | 1443 |
director to the
credit of the
construction and demolition debris | 1444 |
facility oversight fund
created in section 3714.07 of the Revised | 1445 |
Code. | 1446 |
(C) Nothing in this chapter limits the authority of the | 1447 |
director to initiate and pursue any administrative remedy or to | 1448 |
request the attorney general, the prosecuting attorney of the | 1449 |
appropriate county, or the city director of law of the
appropriate | 1450 |
city to initiate and pursue any appropriate judicial
remedy | 1451 |
available under this chapter to enforce any provision of
this | 1452 |
chapter and any rules or terms or conditions of any permit or | 1453 |
license
or order adopted or issued under this chapter with respect | 1454 |
to any
construction and demolition debris facility regardless of | 1455 |
whether
the facility is located in a health district that is on | 1456 |
the
approved list under division (A) or (B)(1) or (2) of this | 1457 |
section. | 1458 |
Sec. 3714.101. Falsification of any material information that | 1459 |
is required to be submitted to a board of health or the director | 1460 |
of environmental protection with respect to a permit to install or | 1461 |
a license issued under this chapter or an application for such a | 1462 |
permit or license, or falsification of any other material | 1463 |
information that is required to be submitted to a board or the | 1464 |
director under this chapter and rules adopted under it, is grounds | 1465 |
for the denial, suspension, or revocation of a permit to install | 1466 |
or a license issued under this chapter. | 1467 |
Sec. 3714.11. (A) The attorney general, the prosecuting | 1468 |
attorney of the county, or the city director of law where a | 1469 |
violation has occurred, is occurring, or may occur, upon the | 1470 |
request of the respective board of health of the health district, | 1471 |
the legislative authority of the political subdivision in which a | 1472 |
violation has occurred, is occurring, or may occur, or the | 1473 |
director of environmental protection, shall prosecute to | 1474 |
termination or bring an action for injunction against any person | 1475 |
who has violated, is violating, or is threatening to violate any | 1476 |
section of this chapter, applicable rules adopted under it, or | 1477 |
terms or conditions of a permit, license, or order issued under | 1478 |
it. The
court of common pleas in which an action for injunction is | 1479 |
filed
has the jurisdiction to and shall grant preliminary and | 1480 |
permanent
injunctive relief upon a showing that the person against | 1481 |
whom the
action is brought has violated, is violating, or is | 1482 |
threatening
to violate any section of this chapter, applicable | 1483 |
rules adopted
under it, or terms or conditions of a permit, | 1484 |
license, or order issued
under it. The court shall give precedence | 1485 |
to such an action over
all other cases. | 1486 |
(B) If the board of health of the health district in which
a | 1487 |
violation has occurred or is occurring or the director
determines | 1488 |
that any person has violated or is violating this
chapter, a rule | 1489 |
adopted under it, or a term or condition of a permit,
license, or | 1490 |
order issued under it, the board or the director may
request in | 1491 |
writing that the attorney general, the prosecuting
attorney of the | 1492 |
county, or the city director of law where the
violation has | 1493 |
occurred or is occurring to bring an action for
civil penalties in | 1494 |
any court of competent jurisdiction. Such an
action shall have | 1495 |
precedence over all other cases. The court may
impose upon the | 1496 |
person a civil penalty of not more than ten
thousand dollars for | 1497 |
each day of each violation of this chapter,
a rule adopted under | 1498 |
it, or a term or condition of a permit, license, or
order issued | 1499 |
under it. | 1500 |
Sec. 3714.12. (A) The board of health of a health
district | 1520 |
may make orders in accordance with section 3709.20 or
3709.21 of | 1521 |
the Revised Code to a permit or license holder or other person
to | 1522 |
abate, within a specified, reasonable time, a violation of any | 1523 |
section of this chapter, a rule adopted under it, or a term or | 1524 |
condition of a permit or license issued under it. The director of | 1525 |
environmental protection may issue enforcement orders in | 1526 |
accordance with Chapter 3745. of the Revised Code to a permit or | 1527 |
license
holder or other person to abate, within a specified, | 1528 |
reasonable
time, a violation of any section of this chapter, a | 1529 |
rule adopted
under it, or a term or condition of a permit or | 1530 |
license issued under it. | 1531 |
(B) If the board of health or the director determines that | 1532 |
conditions at a construction and demolition debris facility or | 1533 |
other location where construction and demolition debris is being | 1534 |
disposed of are causing or threatening to cause an imminent and | 1535 |
substantial threat to public health or safety or the environment | 1536 |
or an imminent and substantial risk of fire and that, due to any | 1537 |
of those conditions, an emergency exists requiring immediate | 1538 |
action to protect the public health or safety or the environment, | 1539 |
the board or the director may, without notice or hearing, issue
an | 1540 |
order reciting the existence of the emergency and requiring
that | 1541 |
such action be taken as is necessary to meet the emergency.
The | 1542 |
order shall be effective immediately. Any person to whom
such an | 1543 |
order is directed shall comply immediately, but on
application to | 1544 |
the director or the board of health, as
appropriate, shall be | 1545 |
afforded a hearing as soon as possible, but
not later than thirty | 1546 |
days after application. On the basis of
the hearing, the director | 1547 |
or the board of health shall continue
the order in effect or | 1548 |
revoke or modify it. No emergency order
shall remain in effect for | 1549 |
more than ninety days after its
issuance. | 1550 |
(F) No person shall knowingly place or cause to be placed
any | 1569 |
reinforced or nonreinforced concrete, asphalt, clay tile,
building | 1570 |
or paving brick, or building or paving stone resulting
from the | 1571 |
alteration, construction, destruction, rehabilitation,
or repair | 1572 |
of any manmade physical structure that is built by humans as fill | 1573 |
material on
or in any land owned, leased, or controlled by the | 1574 |
person, other
than on the site where the materials were so | 1575 |
generated or
removed, without providing written notice to the | 1576 |
board of health
of the health district in which the land is | 1577 |
located or, if the
health district is not on the approved list | 1578 |
under division (A) or
(B)(1) or (2) of section 3714.09 of the | 1579 |
Revised Code, to the
director of environmental protection at least | 1580 |
seven days prior to
the first placement of any such materials as | 1581 |
fill material at the
off-site location. | 1582 |
Sec. 3714.20. The director of environmental protection shall | 1583 |
establish and maintain a database or databases composed of public | 1584 |
information, including, but not limited to, the record made under | 1585 |
section 3714.08 of the Revised Code of inspection of each | 1586 |
construction and demolition debris facility, information from the | 1587 |
annual survey of each health district made under section 3714.09 | 1588 |
or 3734.08 of the Revised Code, as applicable, and ground water | 1589 |
and leachate data collected in accordance with rules adopted under | 1590 |
section 3714.02 of the Revised Code. The database or databases | 1591 |
shall be stored in such a manner that they are easily available | 1592 |
for sharing with health districts and all other interested | 1593 |
persons. | 1594 |
Sec. 3734.281. Notwithstanding any provision of law to the | 1595 |
contrary, any moneys set aside by the state for the cleanup and | 1596 |
remediation of the Ashtabula river; any moneys collected from | 1597 |
settlements made by the director of environmental protection, | 1598 |
including those
associated with bankruptcies, related to
actions | 1599 |
brought under Chapter 3714. and section 3734.13, 3734.20,
3734.22, | 1600 |
6111.03, or
6111.04 of the Revised Code; and any moneys received | 1601 |
under the
"Comprehensive
Environmental Response, Compensation, and | 1602 |
Liability Act of 1980," 94 Stat.
2767, 42 U.S.C. 9602, as amended, | 1603 |
may be paid into the state
treasury to the credit of the | 1604 |
environmental protection remediation fund, which
is hereby | 1605 |
created. The environmental protection agency shall use the moneys | 1606 |
in the fund only for the purpose of remediating conditions at a | 1607 |
hazardous
waste facility, a solid waste facility, a construction | 1608 |
and demolition debris facility licensed under Chapter 3714. of the | 1609 |
Revised Code, or otheranother location at which
the director has | 1610 |
reason to believe there is a substantial threat
to public health | 1611 |
or safety or the environment. Remediation may
include the direct | 1612 |
and indirect costs associated with the
overseeing, supervising, | 1613 |
performing, verifying, or reviewing of
remediation activities by | 1614 |
agency employees. All investment
earnings of the fund shall be | 1615 |
credited to the fund. | 1616 |
(2) An additional one dollar per ton on
and after
July 1,
| 1627 |
2003, through June 30,
2008, the proceeds of which shall be | 1628 |
deposited in the state treasury to the credit of the solid waste | 1629 |
fund, which is hereby created. The environmental protection agency | 1630 |
shall use money in the solid waste fund to pay the costs of | 1631 |
administering and enforcing the laws pertaining to solid wastes, | 1632 |
infectious wastes, and construction and demolition debris, | 1633 |
including, without limitation, ground water evaluations related to | 1634 |
solid wastes, infectious wastes, and construction and demolition | 1635 |
debris, under this chapter and Chapter 3714. of the Revised Code | 1636 |
and any rules adopted under them, providing compliance assistance | 1637 |
to small businesses, and paying a share of the administrative | 1638 |
costs of the environmental protection agency pursuant to section | 1639 |
3745.014 of the Revised Code. | 1640 |
In the case of solid wastes that are taken to a solid waste | 1646 |
transfer facility located in this state prior to being transported | 1647 |
to a solid waste disposal facility for disposal, the fees levied | 1648 |
under this division shall be collected by the owner or operator of | 1649 |
the transfer facility as a trustee for the state. The amount of | 1650 |
fees required to be collected under this division at such a | 1651 |
transfer facility shall equal the total tonnage of solid wastes | 1652 |
received at the facility multiplied by the fees levied under this | 1653 |
division. In the case of solid wastes that are not taken to a | 1654 |
solid waste transfer facility located in this state prior to being | 1655 |
transported to a solid waste disposal facility, the fees shall be | 1656 |
collected by the owner or operator of the solid waste disposal | 1657 |
facility as a trustee for the state. The amount of fees required | 1658 |
to be collected under this division at such a disposal facility | 1659 |
shall equal the total tonnage of solid wastes received at the | 1660 |
facility that was not previously taken to a solid waste transfer | 1661 |
facility located in this state multiplied by the fees levied under | 1662 |
this division. Fees levied under this division do not apply to | 1663 |
materials separated from a mixed waste stream for recycling by a | 1664 |
generator or materials removed from the solid waste stream through | 1665 |
recycling, as "recycling" is defined in rules adopted under | 1666 |
section 3734.02 of the Revised Code. | 1667 |
The owner or operator of a solid waste transfer facility or | 1668 |
disposal facility, as applicable, shall prepare and file with the | 1669 |
director of
environmental protection each month a return | 1670 |
indicating the total
tonnage of solid wastes received at the | 1671 |
facility during that month and the total amount of the fees | 1672 |
required to be collected under this
division during that month. In | 1673 |
addition, the owner or operator of a solid waste disposal facility | 1674 |
shall indicate on the return the total tonnage of solid wastes | 1675 |
received from transfer facilities located in this state during | 1676 |
that month for which the fees were required to be collected by the | 1677 |
transfer facilities. The monthly returns shall be filed on a form | 1678 |
prescribed by the director. Not later than thirty days after the | 1679 |
last day of the
month to which a return applies, the owner or | 1680 |
operator shall
mail to the director the return for that month | 1681 |
together with the
fees required to be collected under this | 1682 |
division during that month as indicated on the return. If the | 1683 |
return is filed and the amount of the fees due is paid in a timely | 1684 |
manner as required in this division, the owner or operator may | 1685 |
retain a discount of three-fourths of one per cent of the total | 1686 |
amount of the fees that are required to be paid as indicated on | 1687 |
the return. | 1688 |
The
owner or operator may request an extension of not more | 1689 |
than
thirty
days for filing the return and remitting the fees, | 1690 |
provided that
the owner or operator has submitted such a
request | 1691 |
in writing to
the
director together with a detailed description of | 1692 |
why the
extension is requested, the director has received the | 1693 |
request not
later than the day on which the return is required to | 1694 |
be filed,
and the director has approved the request. If the fees | 1695 |
are not
remitted within thirty days after the last day of the | 1696 |
month to which the return applies or are not remitted by the last | 1697 |
day of an extension approved by the director, the owner or | 1698 |
operator shall not retain the three-fourths of one per cent | 1699 |
discount and shall pay an
additional ten per cent of the amount of | 1700 |
the fees for each
month
that they are late. For purposes of | 1701 |
calculating the late fee, the first month in which fees are late | 1702 |
begins on the first day after the deadline has passed for timely | 1703 |
submitting the return and fees, and one additional month shall be | 1704 |
counted every thirty days thereafter. | 1705 |
The owner or operator of a solid waste facility may request a | 1706 |
refund or credit of fees levied under this division and remitted | 1707 |
to the director that have not been paid to the owner or operator. | 1708 |
Such a request shall be made only if the fees have not been | 1709 |
collected by the owner or operator, have become a debt that has | 1710 |
become worthless or uncollectable for a period of six months or | 1711 |
more, and may be claimed as a deduction, including a deduction | 1712 |
claimed if the owner or operator keeps accounts on an accrual | 1713 |
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 | 1714 |
U.S.C. 166, as amended, and regulations adopted under it. Prior to | 1715 |
making a request for a refund or credit, an owner or operator | 1716 |
shall make reasonable efforts to collect the applicable fees. A | 1717 |
request for a refund or credit shall not include any costs | 1718 |
resulting from those efforts to collect unpaid fees. | 1719 |
A request for a refund or credit of fees shall be made in | 1720 |
writing, on a form prescribed by the director, and shall be | 1721 |
supported by evidence that may be required in rules adopted by the | 1722 |
director under this chapter. After reviewing the request, and if | 1723 |
the request and evidence submitted with the request indicate that | 1724 |
a refund or credit is warranted, the director mayshall grant a | 1725 |
refund to the owner or operator or mayshall permit a credit to be | 1726 |
taken by the owner or operator on a subsequent monthly return | 1727 |
submitted by the owner or operator. The amount of a refund or | 1728 |
credit shall not exceed an amount that is equal to ninety days' | 1729 |
worth of fees owed to an owner or operator by a particular debtor | 1730 |
of the owner or operator. A refund or credit shall not be granted | 1731 |
by the director to an owner or operator more than once in any | 1732 |
twelve-month period for fees owed to the owner or operator by a | 1733 |
particular debtor. | 1734 |
The solid waste management plan of
the county or joint | 1765 |
district approved under section 3734.521 or
3734.55 of the Revised | 1766 |
Code and any amendments to it, or the
resolution adopted under | 1767 |
this division, as appropriate, shall
establish the rates of the | 1768 |
fees levied under divisions (B)(1),
(2), and (3) of this section, | 1769 |
if any, and shall specify whether
the fees are levied on the basis | 1770 |
of tons or cubic yards as the
unit of measurement. A solid waste | 1771 |
management
district that levies fees under
this division on the | 1772 |
basis of cubic yards shall do so in accordance with division (A) | 1773 |
of this section. | 1774 |
Prior to the approval of the solid waste management plan of
a | 1782 |
district under section 3734.55 of the Revised Code, the solid | 1783 |
waste management policy committee of a district may levy fees | 1784 |
under this division by adopting a resolution establishing the | 1785 |
proposed amount of the fees. Upon adopting the resolution, the | 1786 |
committee shall deliver a copy of the resolution to the board of | 1787 |
county commissioners of each county forming the district and to | 1788 |
the legislative authority of each municipal corporation and | 1789 |
township under the jurisdiction of the district and shall prepare | 1790 |
and publish the resolution and a notice of the time and location | 1791 |
where a public hearing on the fees will be held. Upon adopting
the | 1792 |
resolution, the committee shall deliver written notice of the | 1793 |
adoption of the resolution; of the amount of the proposed fees; | 1794 |
and of the date, time, and location of the public hearing to the | 1795 |
director and to the fifty industrial, commercial, or
institutional | 1796 |
generators of solid wastes within the district that
generate the | 1797 |
largest quantities of solid wastes, as determined by
the | 1798 |
committee, and to their local trade associations. The
committee | 1799 |
shall make good faith efforts to identify those
generators within | 1800 |
the district and their local trade
associations, but the | 1801 |
nonprovision of notice under this division
to a particular | 1802 |
generator or local trade association does not
invalidate the | 1803 |
proceedings under this division. The publication
shall occur at | 1804 |
least thirty days before the hearing. After the
hearing, the | 1805 |
committee may make such revisions to the proposed
fees as it | 1806 |
considers appropriate and thereafter, by resolution,
shall adopt | 1807 |
the revised fee schedule. Upon adopting the revised
fee schedule, | 1808 |
the committee shall deliver a copy of the
resolution doing so to | 1809 |
the board of county commissioners of each
county forming the | 1810 |
district and to the legislative authority of
each municipal | 1811 |
corporation and township under the jurisdiction of
the district. | 1812 |
Within sixty days after the delivery of a copy of
the resolution | 1813 |
adopting the proposed revised fees by the policy
committee, each | 1814 |
such board and legislative authority, by
ordinance or resolution, | 1815 |
shall approve or disapprove the revised
fees and deliver a copy of | 1816 |
the ordinance or resolution to the
committee. If any such board
or | 1817 |
legislative authority fails to
adopt and deliver to the policy | 1818 |
committee an ordinance or
resolution approving or disapproving the | 1819 |
revised fees within
sixty days after the policy committee | 1820 |
delivered its resolution
adopting the proposed revised fees, it | 1821 |
shall be conclusively
presumed that the board or legislative | 1822 |
authority has approved the
proposed revised fees. The committee | 1823 |
shall determine if the resolution has been ratified in the same | 1824 |
manner in which it determines if a draft solid waste management | 1825 |
plan has been ratified under division (B) of section 3734.55 of | 1826 |
the Revised Code. | 1827 |
Not later than fourteen days after the director issues an | 1853 |
order approving a district's solid waste management plan, amended | 1854 |
plan, or amendment to a plan or amended plan that
establishes, | 1855 |
amends, or repeals a schedule of fees levied by the district,
the | 1856 |
committee shall notify by certified mail the
owner or operator of | 1857 |
each solid waste disposal facility that is
required to collect the | 1858 |
fees of the approval of the plan or
amended plan, or the amendment | 1859 |
to the plan, as appropriate, and
the amount of the fees, if any. | 1860 |
In the case of an
initial
or amended plan approved under section | 1861 |
3734.521 of the
Revised
Code in connection with a change in | 1862 |
district composition,
other
than one involving the withdrawal of a | 1863 |
county from a joint
district, the committee, within fourteen days | 1864 |
after the change takes effect pursuant to division (G) of that | 1865 |
section, shall notify by certified mail the owner or operator of | 1866 |
each solid waste disposal facility that is required to collect
the | 1867 |
fees that the change has taken effect and of the amount of
the | 1868 |
fees, if any. Collection of any fees shall commence or collection | 1869 |
of repealed fees shall cease on the first
day of the
second month | 1870 |
following the month in which notification
is sent to
the owner or | 1871 |
operator. | 1872 |
If, in the case of a change in district composition
involving | 1873 |
the withdrawal of a county from a joint district, the
director | 1874 |
completes the actions required under division (G)(1) or
(3) of | 1875 |
section 3734.521 of the Revised Code, as appropriate,
forty-five | 1876 |
days or more before the beginning of a calendar year,
the policy | 1877 |
committee of each of the districts resulting from the
change that | 1878 |
obtained the director's approval of an initial or
amended plan in | 1879 |
connection with the change, within fourteen days
after the | 1880 |
director's completion of the required actions, shall
notify by | 1881 |
certified mail the owner or operator of each solid
waste disposal | 1882 |
facility that is required to collect the
district's fees that the | 1883 |
change is to take effect on the first
day of January immediately | 1884 |
following the issuance of the notice
and of the amount of the fees | 1885 |
or amended fees levied under
divisions (B)(1) to (3) of this | 1886 |
section pursuant to the
district's initial or amended plan as so | 1887 |
approved or, if
appropriate, the repeal of the district's
fees by | 1888 |
that
initial or amended plan. Collection of any fees set
forth in | 1889 |
such a plan or amended plan shall commence on the first
day of | 1890 |
January immediately following the issuance of the notice.
If
such | 1891 |
an initial or amended plan repeals a schedule of fees,
collection | 1892 |
of the fees shall cease on that first day of January. | 1893 |
If, in the case of a change in district composition
involving | 1894 |
the withdrawal of a county from a joint district, the
director | 1895 |
completes the actions required under division (G)(1) or
(3) of | 1896 |
section 3734.521 of the Revised Code, as appropriate, less
than | 1897 |
forty-five days before the beginning of a calendar year, the | 1898 |
director, on behalf of each of the districts resulting from the | 1899 |
change that obtained the director's approval of an initial or | 1900 |
amended plan in connection with the change proceedings, shall | 1901 |
notify by certified mail the owner or operator of each solid
waste | 1902 |
disposal facility that is required to collect the
district's fees | 1903 |
that the change is to take effect on the first
day of January | 1904 |
immediately following the mailing of the notice
and of the amount | 1905 |
of the fees or amended fees levied under
divisions (B)(1) to (3) | 1906 |
of this section pursuant to the
district's initial or amended plan | 1907 |
as so approved or, if
appropriate, the repeal of the
district's | 1908 |
fees by that
initial or amended plan. Collection of
any fees set | 1909 |
forth in
such a plan or amended plan shall commence
on the first | 1910 |
day of
the second month following the month in which
notification | 1911 |
is
sent to the owner or operator. If such an initial
or amended | 1912 |
plan repeals a schedule of fees, collection of the
fees shall | 1913 |
cease on the first day of the second month following
the month in | 1914 |
which notification is sent to the owner or operator. | 1915 |
If the schedule of fees that a solid waste management | 1916 |
district is levying under divisions (B)(1) to (3) of this section | 1917 |
is amended or repealed, the fees in effect immediately prior to | 1918 |
the amendment or repeal shall continue to be collected until | 1919 |
collection of the amended fees commences or collection of the | 1920 |
repealed fees ceases, as applicable, as specified in this | 1921 |
division. In the case of a change in district composition, money | 1922 |
so received from the collection of
the fees of the former | 1923 |
districts shall be divided among the
resulting districts in | 1924 |
accordance with division (B) of section
343.012 of the Revised | 1925 |
Code and the agreements entered into under
division (B) of section | 1926 |
343.01 of the Revised Code to establish
the former and resulting | 1927 |
districts and any amendments to those
agreements. | 1928 |
(C) For the purposes of defraying the added costs to a | 1936 |
municipal corporation or township of maintaining roads and other | 1937 |
public facilities and of providing emergency and other public | 1938 |
services, and compensating a municipal corporation or township
for | 1939 |
reductions in real property tax revenues due to reductions in
real | 1940 |
property valuations resulting from the location and
operation of a | 1941 |
solid waste disposal facility within the municipal
corporation or | 1942 |
township, a municipal corporation or township in
which such a | 1943 |
solid waste disposal facility is located may levy a
fee of not | 1944 |
more than twenty-five cents per ton on the disposal of
solid | 1945 |
wastes at a solid waste disposal facility located within
the | 1946 |
boundaries of the municipal corporation or township
regardless of | 1947 |
where the wastes were generated. | 1948 |
The legislative authority of a municipal corporation or | 1949 |
township may levy fees under this division by enacting an | 1950 |
ordinance or adopting a resolution establishing the amount of the | 1951 |
fees. Upon so doing the legislative authority shall mail a | 1952 |
certified copy of the ordinance or resolution to the board of | 1953 |
county commissioners or directors of the county or joint solid | 1954 |
waste management district in which the municipal corporation or | 1955 |
township is located or, if a regional solid waste management | 1956 |
authority has been formed under section 343.011 of the Revised | 1957 |
Code, to the board of trustees of that regional authority, the | 1958 |
owner or operator of each solid waste disposal facility in the | 1959 |
municipal corporation or township that is required to collect the | 1960 |
fee by the ordinance or resolution, and the director of | 1961 |
environmental protection. Although the fees levied under this | 1962 |
division are levied on the basis of tons as the unit of | 1963 |
measurement, the legislative authority, in its ordinance or | 1964 |
resolution levying the fees under this division, may direct that | 1965 |
the fees be levied on the basis of cubic yards as the unit of | 1966 |
measurement based upon a conversion factor of three cubic yards | 1967 |
per ton generally or one cubic yard per ton for baled wastes. | 1968 |
(8) The director of environmental protection may issue an | 2030 |
order exempting from the fees levied under this section solid | 2031 |
wastes, including, but not limited to, scrap tires, that are | 2032 |
generated, transferred, or disposed of as a result of a contract | 2033 |
providing for the expenditure of public funds entered into by the | 2034 |
administrator or regional administrator of the United States | 2035 |
environmental protection agency, the director of environmental | 2036 |
protection, or the director of administrative services on behalf | 2037 |
of the director of environmental protection for the purpose of | 2038 |
remediating conditions at a hazardous waste facility, solid waste | 2039 |
facility, or other location at which the administrator or regional | 2040 |
administrator or the director of environmental protection has | 2041 |
reason to believe that there is a substantial threat to public | 2042 |
health or safety or the environment or that the conditions are | 2043 |
causing or contributing to air or water pollution or soil | 2044 |
contamination. An order issued by the director of environmental | 2045 |
protection under division (D)(8) of this section shall include a | 2046 |
determination that the amount of the fees not received by a solid | 2047 |
waste management district as a result of the order will not | 2048 |
adversely impact the implementation and financing of the | 2049 |
district's approved solid waste management plan and any approved | 2050 |
amendments to the plan. Such an order is a final action of the | 2051 |
director of environmental protection. | 2052 |
(E) The fees levied under divisions (B) and (C)
of this | 2053 |
section shall be collected by the owner or operator of
the solid | 2054 |
waste disposal facility where the wastes are disposed
of as a | 2055 |
trustee for the county or joint district and municipal
corporation | 2056 |
or township where the wastes are disposed of. Moneys
from the
fees | 2057 |
levied under division (B) of this
section shall be forwarded
to | 2058 |
the board of county commissioners
or board of directors of the | 2059 |
district in accordance with rules
adopted under division (H) of | 2060 |
this section. Moneys from the fees
levied under division (C) of | 2061 |
this section shall be forwarded to
the treasurer or such other | 2062 |
officer of the municipal corporation
as, by virtue of the charter, | 2063 |
has the duties of the treasurer or
to the fiscal officer of the | 2064 |
township,
as appropriate, in accordance with
those rules. | 2065 |
(G) Moneys received by the board of county commissioners
or | 2075 |
board of directors under division (E) of this section or
section | 2076 |
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised
Code | 2077 |
shall be paid to the county treasurer, or other official
acting in | 2078 |
a similar capacity under a county charter, in a county
district or | 2079 |
to the county treasurer or other official designated
by the board | 2080 |
of directors in a joint district and kept in a
separate and | 2081 |
distinct fund to the credit of the district. If a
regional solid | 2082 |
waste management authority has been formed under
section 343.011 | 2083 |
of the Revised Code, moneys received by the board
of trustees of | 2084 |
that regional authority under division (E) of this
section shall | 2085 |
be kept by the board in a separate and distinct
fund to the credit | 2086 |
of the district. Moneys in the special fund
of the county or
joint | 2087 |
district arising from the fees levied
under division (B) of
this | 2088 |
section and the fee levied
under division (A) of section
3734.573 | 2089 |
of the Revised Code shall
be expended by the board of
county | 2090 |
commissioners or directors of
the district in accordance
with the | 2091 |
district's solid waste
management plan or amended plan
approved | 2092 |
under section 3734.521,
3734.55, or 3734.56 of the
Revised Code | 2093 |
exclusively for the
following purposes: | 2094 |
(9) Providing financial assistance to individual municipal | 2141 |
corporations and townships within the district to defray their | 2142 |
added costs of maintaining roads and other public facilities and | 2143 |
of providing emergency and other public services resulting from | 2144 |
the location and operation within their boundaries of a | 2145 |
composting, energy or resource recovery, incineration, or | 2146 |
recycling facility that either is owned by the district or is | 2147 |
furnishing solid waste management facility or recycling services | 2148 |
to the district pursuant to a contract or agreement with the
board | 2149 |
of county commissioners or directors of the district; | 2150 |
(10) Payment of any expenses that are agreed to, awarded, or | 2151 |
ordered to be
paid under section 3734.35 of the Revised Code and | 2152 |
of any administrative
costs incurred pursuant to that section. In | 2153 |
the case of a joint solid waste
management district, if the board | 2154 |
of county commissioners of one of the
counties in the district is | 2155 |
negotiating on behalf of affected communities, as
defined in that | 2156 |
section, in that county, the board shall obtain the approval
of | 2157 |
the board of directors of the district in order to expend moneys | 2158 |
for
administrative costs incurred. | 2159 |
(H) The director shall adopt
rules in accordance with
Chapter | 2173 |
119. of the Revised Code
prescribing procedures for
collecting and | 2174 |
forwarding the fees
levied under divisions (B) and
(C) of this | 2175 |
section to the boards
of county commissioners or
directors of | 2176 |
county or joint solid
waste management districts and
to the | 2177 |
treasurers or other
officers of municipal corporations and the | 2178 |
fiscal officers of townships.
The rules also shall prescribe the | 2179 |
dates for forwarding the fees
to the boards and officials and may | 2180 |
prescribe any other
requirements the director considers necessary | 2181 |
or appropriate to
implement and administer divisions (A), (B), and | 2182 |
(C) of this
section. | 2183 |
Sec. 3745.04. (A) As used in this section, "any person" means | 2184 |
any individual, any partnership, corporation, association, or | 2185 |
other legal entity, or any political subdivision,
instrumentality, | 2186 |
or agency of a state, whether or not the
individual or legal | 2187 |
entity is an applicant for or holder of a
license, permit, or | 2188 |
variance from the environmental protection
agency, and includes | 2189 |
any department, agency, or instrumentality
of the federal | 2190 |
government that is an applicant for or holder of a
license, | 2191 |
permit, or variance from the environmental protection
agency. | 2192 |
As used in this section, "action" or "act" includes the | 2193 |
adoption, modification, or repeal of a rule or standard, the | 2194 |
issuance, modification, or revocation of any lawful order other | 2195 |
than an emergency order, and the issuance, denial, modification, | 2196 |
or revocation of a license, permit, lease, variance, or | 2197 |
certificate, or the approval or disapproval of plans and | 2198 |
specifications pursuant to law or rules adopted thereunder. | 2199 |
The person so appealing to the commission shall be known
as | 2208 |
appellant, and the director and any party to a proceeding | 2209 |
substantially supporting the finding from which the appeal is | 2210 |
taken shall be known as appellee, except that when an appeal | 2211 |
involves a license to operate a disposal site or facility, the | 2212 |
local board of health or the director of environmental
protection, | 2213 |
and any party to a proceeding substantially
supporting the finding | 2214 |
from which the appeal is taken, shall, as
appropriate, be known as | 2215 |
the appellee. Appellant and appellee
shall be deemed to be
parties | 2216 |
to the appeal. | 2217 |
Sec. 3745.05. In hearing the appeal, if an adjudication | 2261 |
hearing was conducted by the director of environmental protection | 2262 |
in accordance with sections 119.09 and 119.10 of the Revised
Code | 2263 |
or conducted by a board of health, the environmental review | 2264 |
appeals commission is
confined to the record as certified to it by | 2265 |
the director or the board of health, as applicable. The commission | 2266 |
may grant a request for the
admission of
additional evidence when | 2267 |
satisfied that such additional evidence
is newly discovered and | 2268 |
could not with reasonable diligence have
been ascertained prior to | 2269 |
the hearing before the director or the board, as applicable. If no | 2270 |
adjudication hearing was conducted in accordance with sections | 2271 |
119.09 and 119.10 of the Revised Code or conducted by a board of | 2272 |
health, the commission
shall conduct a hearing de novo on the | 2273 |
appeal. | 2274 |
When conducting a de novo hearing, or when a request for
the | 2279 |
admission of additional evidence has been granted, the
commission | 2280 |
may, and at the request of any party it shall, issue
subpoenas
for | 2281 |
witnesses or for books, papers, correspondence, memoranda, | 2282 |
agreements, or other documents or records relevant or material to | 2283 |
the inquiry directed to the sheriff of the counties where the | 2284 |
witnesses or documents or records are found, which subpoenas
shall | 2285 |
be served and returned in the same manner as those allowed
by the | 2286 |
court of common pleas in criminal cases. | 2287 |
In case of disobedience or neglect of any subpoena served
on | 2294 |
any person, or the refusal of any witness to testify to any
matter | 2295 |
regarding which the witness may be lawfully
interrogated, the | 2296 |
court
of common pleas of the county in which the disobedience, | 2297 |
neglect,
or refusal occurs, or any judge thereof, on application | 2298 |
of the
boardcommission or any member thereof, may compel | 2299 |
obedience by attachment
proceedings for contempt as in the case of | 2300 |
disobedience of the
requirements of a subpoena issued from the | 2301 |
court or a refusal to
testify therein. | 2302 |
A witness at any hearing shall testify under oath or | 2303 |
affirmation, which any member of the commission may
administer. A | 2304 |
witness, if the witness requests, shall be
permitted to be | 2305 |
accompanied,
represented, and advised by an attorney, whose | 2306 |
participation in
the hearing shall be limited to the protection of | 2307 |
the rights of
the witness, and who may not examine or | 2308 |
cross-examine witnesses.
A witness shall be advised of the right | 2309 |
to counsel before
the witness is interrogated. | 2310 |
A stenographic record of the testimony and other evidence | 2311 |
submitted shall be taken by an official court shorthand reporter. | 2312 |
The record shall include all of the testimony and other evidence | 2313 |
and the rulings on the admissibility thereof presented at the | 2314 |
hearing. The commission shall pass upon the admissibility
of | 2315 |
evidence, but any party may at the time object to the admission
of | 2316 |
any evidence and except to the rulings of the
commission thereon, | 2317 |
and if the commission refuses
to admit evidence the party offering | 2318 |
same may make a proffer thereof, and such proffer shall be made a | 2319 |
part of the record of such hearing. | 2320 |
If, upon completion of the hearing, the commission finds
that | 2327 |
the action appealed from was lawful and reasonable, it shall make | 2328 |
a written order affirming the action, or if the commission
finds | 2329 |
that the
action was unreasonable or unlawful, it shall make a | 2330 |
written
order vacating or modifying the action appealed from. | 2331 |
Every
order made by the commission shall contain a written
finding | 2332 |
by the
commission of the facts upon which the order is based. | 2333 |
Notice of the
making of the order shall be given forthwith to each | 2334 |
party to the
appeal by mailing a certified copy thereof to each | 2335 |
party by
certified mail, with a statement of the time and method | 2336 |
by which
an appeal may be perfected. | 2337 |
Sec. 3745.06. Any party adversely affected by an order of | 2340 |
the environmental review appeals commission may appeal
to the | 2341 |
court of
appeals of Franklin county, or, if the appeal arises from | 2342 |
an
alleged violation of a law or regulation, to the court of | 2343 |
appeals
of the district in which the violation was alleged to have | 2344 |
occurred. Any party desiring to so appeal shall file with the | 2345 |
commission a notice of appeal designating the order
appealed. A | 2346 |
copy
of suchthe notice also shall be filed by the appellant with | 2347 |
the
court, and a copy shall be sent by certified mail to the | 2348 |
director
of environmental protection unless the director is the | 2349 |
party appealing the order. Such notices shall be filed and
mailed | 2350 |
within thirty days after the date upon which the appellant | 2351 |
received notice from the commission by certified mail of
the | 2352 |
making of
the order appealed. No appeal bond shall be required to | 2353 |
make an
appeal effective. | 2354 |
Within twenty days after receipt of the notice of appeal, the | 2361 |
commission shall prepare and file in the court the complete record | 2362 |
of proceedings out of which the appeal arises, including any | 2363 |
transcript of the testimony and any other evidence whichthat has | 2364 |
been
submitted before the commission. The expense of preparing
and | 2365 |
transcribing the record shall be taxed as a part of the costs of | 2366 |
the appeal. The appellant, other than the state or a political | 2367 |
subdivision, or an agency of either, or any officer of them
acting | 2368 |
in a representative capacity, shall provide security for
costs | 2369 |
satisfactory to the court. Upon demand by a party, the
commission | 2370 |
shall furnish at the cost of the party
requesting the record a | 2371 |
copy of suchthe record. If the complete record is not
filed | 2372 |
within the time provided for in this section, any party may
apply | 2373 |
to the court to have the case docketed, and the court shall
order | 2374 |
suchthe record filed. | 2375 |
The court shall conduct a hearing on the appeal and shall | 2382 |
give preference to all proceedings under this section over all | 2383 |
other civil cases, irrespective of the position of the
proceedings | 2384 |
on the calendar of the court. The hearing in the
court of appeals | 2385 |
shall proceed as in the case of a civil action,
and the court | 2386 |
shall determine the rights of the parties in
accordance with the | 2387 |
laws applicable to such action. At the
hearing, counsel may be | 2388 |
heard on oral argument, briefs may be
submitted, and evidence | 2389 |
introduced if the court has granted a
request for the presentation | 2390 |
of additional evidence. | 2391 |
The court shall affirm the order complained of in the
appeal | 2392 |
if it finds, upon consideration of the entire record and
such | 2393 |
additional evidence as the court has admitted, that the
order is | 2394 |
supported by reliable, probative, and substantial
evidence and is | 2395 |
in accordance with law. In the absence of such a
finding, it shall | 2396 |
reverse, vacate, or modify the order or make
such other ruling as | 2397 |
is supported by reliable, probative, and
substantial evidence and | 2398 |
is in accordance with law. When the
court finds an ambient air | 2399 |
quality standard, an emission
standard, or a water quality or | 2400 |
discharge standard to be
deficient, it shall order the director of | 2401 |
environmental
protection to modify the standard to comply with the | 2402 |
laws
governing air or water pollution. The court shall retain | 2403 |
jurisdiction until it approves the modified standard. The
judgment | 2404 |
of the court shall be final and conclusive unless
reversed, | 2405 |
vacated, or modified on appeal. Such appeals may be
taken by any | 2406 |
party to the appeal pursuant to the Rules of
Practice of the | 2407 |
Supreme Court and, to the extent not in conflict
with those rules, | 2408 |
Chapter 2505. of the Revised Code. | 2409 |
Section 2. That existing sections 3714.01, 3714.02, 3714.03, | 2410 |
3714.04, 3714.05, 3714.06, 3714.07, 3714.071, 3714.073, 3714.09, | 2411 |
3714.11, 3714.12, 3714.13, 3734.281, 3734.57, 3745.04, 3745.05, | 2412 |
and 3745.06 of the Revised Code are hereby repealed. | 2413 |
Section 3. (A) Notwithstanding the amendments to Chapter | 2414 |
3714. of the Revised Code by this act, an application for a | 2415 |
license to establish or modify a construction and demolition | 2416 |
debris facility submitted to a board of health or the Director of | 2417 |
Environmental Protection, as applicable, prior to July 1, 2005, | 2418 |
shall be reviewed and the license shall be issued or denied in | 2419 |
accordance with the provisions of that chapter as they existed on | 2420 |
July 1, 2005, if all of the following apply to the applicant for | 2421 |
the license: | 2422 |
(B) Notwithstanding the amendments to Chapter 3714. of the | 2436 |
Revised Code by this act and except as otherwise provided in this | 2437 |
division, an application for a license to establish or modify a | 2438 |
construction and demolition debris facility submitted to a board | 2439 |
of health or the Director, as applicable, on or after July 1, | 2440 |
2005, but prior to or on December 31, 2005, shall be reviewed and | 2441 |
the license shall be issued or denied in accordance with the | 2442 |
provisions of that chapter as they existed on July 1, 2005. | 2443 |
However, unless division (G)(2) of section 3714.03 of the Revised | 2444 |
Code, as amended by this act, applies to the facility, a board of | 2445 |
health or the Director, as applicable, may apply any of the siting | 2446 |
criteria established in section 3714.03 of the Revised Code by | 2447 |
this act to such an application and may deny the application if | 2448 |
the facility that is the subject of the application will not | 2449 |
comply with that siting criterion. | 2450 |
(C) Notwithstanding the amendments to Chapter 3714. of the | 2451 |
Revised Code by this act and except as otherwise provided in this | 2452 |
division, beginning January 1, 2006, and until the effective date | 2453 |
of the rules adopted under division (A) of section 3714.02 of the | 2454 |
Revised Code, as amended by this act, a person may submit an | 2455 |
application to a board of health or the Director, as applicable, | 2456 |
for a license to establish or modify a construction and demolition | 2457 |
debris facility, and such an application shall be reviewed and the | 2458 |
license shall be issued or denied in accordance with the | 2459 |
provisions of that chapter as they existed on July 1, 2005. | 2460 |
However, unless division (G)(2) of section 3714.03 of the Revised | 2461 |
Code, amended by this act, applies to the facility, a board of | 2462 |
health or the Director, as applicable, shall apply all of the | 2463 |
siting criteria established in section 3714.03 of the Revised Code | 2464 |
by this act to such an application and shall deny the application | 2465 |
if the facility that is the subject of the application will not | 2466 |
comply with any of those siting criteria. In addition, the | 2467 |
applicant for the license shall submit the information that is | 2468 |
required from applicants for permits to install under section | 2469 |
3714.052 of the Revised Code, as enacted by this act. An | 2470 |
application for a license may be denied if the information | 2471 |
regarding the applicant indicates any of the reasons specified in | 2472 |
division (B) of that section for the denial of an application for | 2473 |
a permit to install. | 2474 |