As Reported by the House Economic Development and Environment Committee

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 397

Representatives Hagan, Collier, Law, Harwood, Schaffer, Cassell, DeBose, Domenick 

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A BILL

To amend sections 3714.01, 3714.02, 3714.03, 3714.04,

1

3714.05, 3714.06, 3714.07, 3714.071, 3714.073,

2

3714.09, 3714.11, 3714.12, 3714.13, 3734.281,

3

3734.57, 3745.04, 3745.05, and 3745.06 and to

4

enact sections 3714.051, 3714.052, 3714.053,

5

3714.061, 3714.062, 3714.081, 3714.082, 3714.083,

6

3714.101, and 3714.20 of the Revised Code to

7

revise the statutes governing construction and

8

demolition debris facilities and to declare an

9

emergency.

10

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

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

Sec. 3714.01.  As used in this chapter:

17

(A) "Board of health" means the board of health of a city or	18
general health district or the authority having the duties of a	19
board of health in any city as authorized by section 3709.05 of	20
the Revised Code.	21

(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

(D) "Disposal" means the discharge, deposit, injection,	49
dumping, spilling, leaking, emitting, or placing of any	50
construction and demolition debris into or on any land or ground	51
or surface water or into the air, except if the disposition or	52
placement constitutes storage.	53

(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

(F) "Health district" means a city or general health district	67
created by or under the authority of Chapter 3709. of the Revised	68
Code.	69

(G) "New construction and demolition debris facility" or "new	70
facility" includes an existing facility that is proposing to	71
expand the facility beyond the limits of construction and	72
demolition debris placement approved by a board of health or the	73
director of environmental protection, as applicable, under this	74
chapter.	75

(H) "Person" includes the state, any political subdivision of	76
the state or other state or local body, the United States and any	77
agency or instrumentality thereof, and any legal entity or	78
organization defined as a person under section 1.59 of the Revised	79
Code.	80

(H)(I) "Pulverized debris" means a load of debris that, after	81
demolition has occurred, but prior to acceptance of the load of	82
debris for disposal, has been shredded, crushed, ground, or	83
otherwise rendered to such an extent that the load of debris is	84
unidentifiable as construction and demolition debris.	85

(J) "Qualified ground water scientist" means a scientist or	86
engineer who has received a baccalaureate or post-graduate degree	87
in the natural sciences or engineering and has at least five years	88
of relevant experience in ground water hydrogeology and related	89
fields that enable that individual to make sound professional	90
judgments regarding ground water monitoring, contaminant fate and	91
transport, and corrective measures.	92

(K) "Storage" means the holding of construction and	93
demolition debris for a temporary period in such a manner that it	94
remains retrievable and substantially unchanged and, at the end of	95
the period, is disposed of or reused or recycled in a beneficial	96
manner.	97

(L) "Transfer facility" means a site, location, tract of	98
land, installation, or building that is primarily used or intended	99
to be used for the purpose of transferring construction and	100
demolition debris that was generated off the premises of the	101
facility from vehicles or containers into other vehicles or	102
containers for transportation to a construction and demolition	103
debris facility.	104

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

(A) Standards and procedures for the design and construction	114
of facilities. These standards may include, without limitation,	115
requirements for diking around the areas where debris is buried to	116
prevent runoff of surface water onto adjacent property.issuance	117
of permits to install under section 3714.051 of the Revised Code	118
that shall include all of the following:	119

(1) Information that must be included in the designs and	120
plans required to be submitted with the application for a permit	121
to install under section 3714.051 of the Revised Code and criteria	122
for approving, disapproving, or requiring modification of the	123
designs and plans;	124

(2) Information that must be included with an application for	125
a permit to install in addition to the information required under	126
section 3714.051 of the Revised Code;	127

(3) Procedures for the issuance, denial, modification,	128
transfer, suspension, and revocation of permits to install;	129

(4) Grounds for the denial, modification, suspension, or	130
revocation of permits to install;	131

(5) A requirement that a person that is required to obtain	132
both a permit to install under section 3714.051 of the Revised	133
Code and a license under section 3714.06 of the Revised Code	134
obtain both the permit and license prior to operation;	135

(6) Criteria for establishing time periods after which a	136
permit to install expires;	137

(7) Any other requirements that the director determines	138
necessary in order to establish the program for the issuance of	139
permits to install under section 3714.051 of the Revised Code.	140

(B) Standards for control over access to facilities;the	141
design and construction of facilities. The standards may include,	142
without limitation, requirements for diking around the areas where	143
debris is buried to prevent runoff of surface water onto adjacent	144
property.	145

(C) Standards for control over access to facilities and for	146
the operation of facilities, including, without limitation,	147
standards for the compaction and covering of debris disposed of	148
and standards regarding equipment used for the operation of	149
facilities;	150

(D) Criteria and procedures for granting authorization to the	151
owner or operator of a facility to dispose of asbestos or	152
asbestos-containing materials or products at histhe owner's or	153
operator's facility;	154

(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) A determination of any impacts to ground water from the	168
migration of contaminants from the construction and demolition	169
debris facility;	170

(2) A list of the contaminants from the facility that may be	171
causing contamination of ground water;	172

(3) Recommendations for actions, if any are necessary, that	173
should be taken to investigate or remediate the source of any	174
ground water contamination.	175

(F) Requirements for the monitoring and sampling of leachate.	176
The rules adopted under division (F) of this section shall include	177
all of the following:	178

(1) A requirement that the owner or operator of a	179
construction and demolition debris facility provide for sampling	180
of leachate at least annually. However, the rules shall require	181
that if leachate is recirculated through a facility, the leachate	182
be sampled at least every calendar quarter.	183

(2) A requirement that the owner or operator of a facility	184
sample for at least seventy-seven parameters that the director	185
shall establish in the rules, which shall include arsenic, copper,	186
and chromium;	187

(3) Requirements governing facilities that do not have a	188
system for sampling leachate. The rules shall require that the	189
owner or operator of such a facility monitor ground water in	190
accordance with the rules adopted under division (E) of this	191
section for the parameters established in the rules adopted under	192
division (F)(2) of this section.	193

(4) A requirement that a facility that monitors ground water	194
and leachate add to the parameters monitored by the ground water	195
monitoring system any parameter that is detected through the	196
monitoring of leachate;	197

(5) Requirements governing the reporting of leachate sampling	198
data. The rules shall require that reports be submitted to the	199
director and the applicable board of health.	200

(G) Requirements respecting written, narrative plans for the	201
operation of facilities;. The rules shall require the owner or	202
operator of a facility to use best management practices. In	203
addition, the rules shall require as a part of the plan of	204
operation of a facility the inclusion of the contingency plans	205
required in rules adopted under division (H) of this section.	206

(G)(H) Requirements respecting contingency plans for	207
effective action in response to fire or explosion at a facility or	208
to hydrogen sulfide or other gases created by the operation of a	209
facility that pose a nuisance, cause an offensive odor, or pose a	210
threat to public health or safety or the environment;	211

(H)(I) Financial assurance requirements for the closure and	212
post-closure care of facilities. Theas follows:	213

(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

The rules adopted under this division shall specify both of	287
the following:	288

(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

(L) Standards and procedures governing the modification of	315
operation licenses issued under section 3714.06 of the Revised	316
Code;	317

(M) Procedures and requirements governing the certification	318
of construction and demolition debris by transfer facilities as	319
required under section 3714.082 of the Revised Code;	320

(N) Requirements governing the provision of notification	321
under section 3714.083 of the Revised Code by owners and operators	322
of construction and demolition debris facilities of rejected loads	323
and by transporters and shippers of the final disposition of	324
rejected loads;	325

(O) Requirements governing the certification and training of	326
operators of construction and demolition debris facilities as	327
required under section 3714.062 of the Revised Code;	328

(P) Definitions of "owner" and "operator" for purposes of	329
this chapter.	330

The rules adopted under this section shall not prohibit the	331
open burning of construction debris on a construction site in	332
compliance with division (C)(1) of section 3704.11 of the Revised	333
Code.	334

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

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

351

(1) "Aquifer system" means one or more geologic units or	352
formations that are wholly or partially saturated with water and	353
are capable of storing, transmitting, and yielding significant	354
amounts of water to wells or springs.	355

(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

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

367

(a) An area designated by the director of natural resources	368
as a wild, scenic, or recreational river under section 1517.14 of	369
the Revised Code;	370

(b) An area designated by the United States department of the	371
interior as a national wild or scenic river.	372

(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

(5) "Residential dwelling" means a building used or intended	383
to be used in whole or in part as a personal residence by the	384
owner, part-time owner, or lessee of the building or any person	385
authorized by the owner, part-time owner, or lessee to use the	386
building as a personal residence.	387

(B) Neither the director of environmental protection nor any	388
board of health shall issue a licensepermit to install under	389
section 3714.063714.051 of the Revised Code to establish and	390
operate a new construction and demolition debris facility when any	391
portion of the facility is proposed to be located in either of the	392
following locations:	393

(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

(B)(2) Within the boundaries of a sole source aquifer	410
designated by the administrator of the United States environmental	411
protection agency under the "Safe Drinking Water Act," 88 Stat.	412
1660 (1974), 42 U.S.C.A. 300f, as amended.	413

(C) Neither the director nor any board shall issue a permit	414
to install under section 3714.051 of the Revised Code to establish	415
a new construction and demolition debris facility when the	416
horizontal limits of construction and demolition debris placement	417
at the new facility are proposed to be located in any of the	418
following locations:	419

(1) Within one hundred feet of a perennial stream as defined	420
by the United States geological survey seven and one-half minute	421
quadrangle map or a category 3 wetland;	422

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

423

(3)(a) Except as provided in division (C)(3)(b) of this	424
section, within five hundred feet of a residential or public water	425
supply well.	426

(b) Division (C)(3)(a) of this section does not apply to a	427
residential well under any of the circumstances specified in	428
divisions (C)(3)(b)(i) to (iii) of this section as follows:	429

(i) The well is controlled by the owner or operator of the	430
construction and demolition debris facility.	431

(ii) The well is hydrologically separated from the horizontal	432
limits of construction and demolition debris placement.	433

(iii) The well is at least three hundred feet upgradient from	434
the horizontal limits of construction and demolition debris	435
placement and division (D) of this section does not prohibit the	436
issuance of the permit to install.	437

(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

(5) Within five hundred feet of a natural area, any area	451
established by the department of natural resources as a state	452
wildlife area under Chapter 1531. of the Revised Code and rules	453
adopted under it, any area that is formally dedicated as a nature	454
preserve under section 1517.05 of the Revised Code, or any area	455
designated by the United States department of the interior as a	456
national wildlife refuge;	457

(6) Within five hundred feet of a lake or reservoir of one	458
acre or more that is hydrogeologically connected to ground water.	459
For purposes of division (C)(6) of this section, a lake or	460
reservoir does not include a body of water constructed and used	461
for purposes of surface water drainage or sediment control.	462

(7) Within five hundred feet of a state forest purchased or	463
otherwise acquired under Chapter 1503. of the Revised Code;	464

(8) Within five hundred feet of land that is placed on the	465
state registry of historic landmarks under section 149.55 of the	466
Revised Code;	467

(9) Within five hundred feet of an occupied dwelling unless	468
written permission is given by the owner of the dwelling.	469

(D) Neither the director nor any board shall issue a permit	470
to install under section 3714.051 of the Revised Code to establish	471
a new construction and demolition debris facility when the limits	472
of construction and demolition debris placement at the new	473
facility are proposed to have an isolation distance of less than	474
five feet from the uppermost aquifer system that consists of	475
material that has a maximum hydraulic conductivity of 1 x 10-5	476
cm/sec and all of the geologic material comprising the isolation	477
distance has a hydraulic conductivity equivalent to or less than 1	478
x 10-6 cm/sec.	479

(E) Neither the director nor any board shall issue a permit	480
to install under section 3714.051 of the Revised Code to establish	481
a new construction and demolition debris facility when the road	482
that is designated by the owner or operator as the main hauling	483
road at the facility to and from the limits of construction and	484
demolition debris placement is proposed to be located within five	485
hundred feet of an occupied dwelling unless written permission is	486
given by the owner of the occupied dwelling.	487

(F) Neither the director nor any board shall issue a permit	488
to install under section 3714.051 of the Revised Code to establish	489
a new construction and demolition debris facility unless the new	490
facility will have all of the following:	491

(1) Access roads that shall be constructed in a manner that	492
allows use in all weather conditions and will withstand the	493
anticipated degree of use and minimize erosion and generation of	494
dust;	495

(2) Surface water drainage and sediment controls that are	496
required by the director;	497

(3) If the facility is proposed to be located in an area in	498
which an applicable zoning resolution allows residential	499
construction, vegetated earthen berms or an equivalent barrier	500
with a minimum height of six feet separating the facility from	501
adjoining property.	502

(G)(1) The siting criteria established in this section shall	503
be applied to an application for a permit to install at the time	504
that the application is submitted to the director or a board of	505
health, as applicable. Circumstances related to the siting	506
criteria that change after the application is submitted shall not	507
be considered in approving or disapproving the application.	508

(2) The siting criteria established in this section by this	509
amendment do not apply to an expansion of a construction and	510
demolition debris facility that was in operation prior to the	511
effective date of this amendment onto property within the property	512
boundaries identified in the application for the initial license	513
for that facility or any subsequent license issued for that	514
facility up to and including the license issued for that facility	515
for calendar year 2005. The siting criteria established in this	516
section prior to the effective date of this amendment apply to	517
such an expansion.	518

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

Sec. 3714.051. (A)(1) Not later than one hundred eighty days	580
after the effective date of this section and in accordance with	581
rules adopted under section 3714.02 of the Revised Code, the	582
director of environmental protection shall establish a program for	583
the issuance of permits to install for new construction and	584
demolition debris facilities.	585

(2) On and after the effective date of this section, no	586
person shall establish a new construction and demolition debris	587
facility without first obtaining a permit to install issued by the	588
board of health of the health district in which the facility is or	589
is to be located or from the director if the facility is or is to	590
be located in a health district that is not on the approved list	591
under section 3714.09 of the Revised Code or if a board of health	592
requests the director to issue the permit to install under	593
division (G) of this section.	594

(B) The director, the director's authorized representative, a	595
board of health, or an authorized representative of the board may	596
assist an applicant for a permit to install during the permitting	597
process by providing guidance and technical assistance.	598

(C) An applicant for a permit to install shall submit an	599
application to a board of health or the director, as applicable,	600
on a form that the director prescribes. The applicant shall	601
include with the application all of the following:	602

(1) The name and address of the applicant, of all partners if	603
the applicant is a partnership or of all officers and directors if	604
the applicant is a corporation, and of any other person who has a	605
right to control or in fact controls management of the applicant	606
or the selection of officers, directors, or managers of the	607
applicant;	608

(2) The designs and plans for the construction and demolition	609
debris facility that include the location or proposed location of	610
the facility, design and construction plans and specifications,	611
anticipated beginning and ending dates for work performed, and any	612
other related information that the director requires by rule;	613

(3) The information required under section 3714.052 of the	614
Revised Code;	615

(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

(5) Any other information required by the director in	629
accordance with rules adopted under section 3714.02 of the Revised	630
Code.	631

(D) A permit to install may be issued with terms and	632
conditions that a board of health or the director, as applicable,	633
finds necessary to ensure that the facility will comply with this	634
chapter and rules adopted under it and to protect public health	635
and safety and the environment.	636

(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

(F) The director or a board of health, as applicable, may	646
issue, deny, modify, suspend, or revoke a permit to install in	647
accordance with rules.	648

(G) A board of health shall notify the director of its	649
receipt of an application for a permit to install. A board of	650
health, or its authorized representative, may request the director	651
to review an application, or part of an application, for a permit	652
to install and also may request that the director issue or deny it	653
when the board determines that additional expertise is required.	654
The director shall comply with such a request.	655

Upon a board of health's issuance of a permit to install for	656
a new construction and demolition debris facility under this	657
section, the board shall mail a copy of the permit to the director	658
together with approved plans, specifications, and information	659
regarding the facility.	660

Sec. 3714.052. (A) An application for a permit to install a	661
new construction and demolition debris facility that is submitted	662
under section 3714.051 of the Revised Code shall include all of	663
the following:	664

(1) A listing of all construction and demolition debris	665
facilities or other waste disposal facilities that the owner or	666
operator of the proposed new construction and demolition debris	667
facility or a key employee of the owner or operator has operated	668
or is operating in this state;	669

(2) A listing of the construction and demolition debris	670
facilities or other waste disposal facilities that the owner or	671
operator or a key employee of the owner or operator has operated	672
or is operating elsewhere in the United States together with a	673
listing of the construction and demolition debris facilities or	674
other waste disposal facilities that the owner or operator or a	675
key employee of the owner or operator has operated or is operating	676
outside the United States;	677

(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

(4) A listing of all administrative enforcement orders, civil	691
actions, or criminal actions pending at the time of the submission	692
of the application for a permit to install in connection with a	693
violation of any applicable state or federal law or law of another	694
country pertaining to environmental protection that was alleged to	695
have been committed by the owner or operator or a key employee of	696
the owner or operator.	697

The lists of construction and demolition debris facilities or	698
other waste disposal facilities operated by the owner or operator	699
or a key employee of the owner or operator within or outside this	700
state or outside the United States shall include all such	701
facilities operated by the owner or operator or a key employee of	702
the owner or operator during the ten-year period immediately	703
preceding the submission of the application.	704

(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

If the board of health or the director denies an application	894
submitted under this division, the board or the director shall	895
include in the order denying the application the requirements that	896
the owner or operator of the facility submit a plan for closure of	897
the facility to the board or the director, as appropriate, for	898
approval within six months after issuance of the order; cease	899
accepting construction and demolition debris for disposal; and	900
commence closure of the facility within one year after issuance of	901
the order.	902

(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

(D) A license issued under this section may be modified in	913
accordance with rules adopted under section 3714.02 of the Revised	914
Code.	915

Sec. 3714.061. (A) A person who submits an application under	916
section 3714.06 of the Revised Code for an initial license to	917
operate a construction and demolition debris facility shall submit	918
with the application the plans for the operation of the facility	919
that are required in rules adopted under division (G) of section	920
3714.02 of the Revised Code. In addition, the owner or operator of	921
the facility shall submit any necessary updates to the plans for	922
the operation of the facility as required in rules adopted under	923
that division when submitting an application under section 3714.06	924
of the Revised Code for an annual license for the continued	925
operation of the facility. The plans for the operation of the	926
facility shall include the contingency plans that are required in	927
rules adopted under division (H) of section 3714.02 of the Revised	928
Code.	929

(B) A person who submits an application under section 3714.06	930
of the Revised Code for an initial license to operate a	931
construction and demolition debris facility shall provide, at the	932
time that the application is submitted, to the fire department	933
that would respond to the facility a copy of the contingency plans	934
that are required in rules adopted under division (H) of section	935
3714.02 of the Revised Code. In addition, the owner or operator of	936
the facility shall submit any necessary updates to the plans as	937
required in rules adopted under that division at the time that the	938
owner or operator submits an application under section 3714.06 of	939
the Revised Code for an annual license for continued operation of	940
the facility.	941

Sec. 3714.062. (A) The director of environmental protection,	942
in consultation with boards of health and a statewide association	943
representing construction and demolition debris facilities, shall	944
establish a program for the certification of operators of	945
construction and demolition debris facilities and shall establish	946
continuing education training requirements for those operators as	947
part of the certification program.	948

(B) The program for the certification of operators, including	949
the continuing education training requirements, shall include	950
instruction in and shall emphasize, at a minimum, both of the	951
following:	952

(1) The laws governing construction and demolition debris	953
facilities and disposal of construction and demolition debris;	954

(2) Best management practices governing construction and	955
demolition debris facilities and disposal of construction and	956
demolition debris.	957

(C) The director shall accredit educational programs and	958
approve statewide associations representing construction and	959
demolition debris facilities to provide continuing education	960
training for operators of construction and demolition debris	961
facilities. The educational programs and associations shall meet	962
the standards established in rules adopted under section 3714.02	963
of the Revised Code. For purposes of this division, educational	964
programs that are specific to construction and demolition debris	965
facilities and are conducted by the director or the director's	966
authorized representatives are accredited continuing education	967
training programs.	968

(D) An operator shall successfully complete a minimum of ten	969
hours of continuing education training each calendar year. No	970
operator shall fail to comply with this division.	971

Sec. 3714.07.  (A)(1) For the purpose of assisting boards of	972
health and the environmental protection agency in administering	973
and enforcing this chapter and rules adopted under it, there is	974
hereby levied on the disposal of construction and demolition	975
debris at a construction and demolition debris facility that is	976
licensed under this chapter or at a solid waste facility that is	977
licensed under Chapter 3734. of the Revised Code a fee of thirty	978
cents per cubic yard or sixty cents per ton, as applicable.	979

(2) The owner or operator of a construction and demolition	980
debris facility or a solid waste facility shall determine if cubic	981
yards or tons will be used as the unit of measurement. In	982
estimating the fee based on cubic yards, the owner or operator	983
shall utilize either the maximum cubic yard capacity of the	984
container, or the hauling volume of the vehicle, that transports	985
the construction and demolition debris to the facility or the	986
cubic yards actually logged for disposal by the owner or operator	987
in accordance with rules adopted under section 3714.02 of the	988
Revised Code. If basing the fee on tonnage, the owner or operator	989
shall use certified scales to determine the tonnage of	990
construction and demolition debris that is transported to the	991
facility for disposal.	992

(3) The owner or operator of a construction and demolition	993
debris facility or a solid waste facility shall collect the fee	994
levied under division (A) of this section as a trustee for the	995
health district having jurisdiction over the facility, if that	996
district is on the approved list under section 3714.09 of the	997
Revised Code, or for the state. The owner or operator shall	998
prepare and file with the appropriate board of health or the	999
director of environmental protection monthly returns indicating	1000
the total volume or weight, as applicable, of construction and	1001
demolition debris received for disposal at the facility and the	1002
total amount of money required to be collected on the construction	1003
and demolition debris disposed of during that month. Not later	1004
than thirty days after the last day of the month to which the	1005
return applies, the owner or operator shall mail to the board of	1006
health or the director the return for that month together with the	1007
money required to be collected on the construction and demolition	1008
debris disposed of during that month. The owner or operator may	1009
request, in writing, an extension of not more than thirty days	1010
after the last day of the month to which the return applies. A	1011
request for extension may be denied. If the owner or operator	1012
submits the money late, the owner or operator shall pay a penalty	1013
of ten per cent of the amount of the money due for each month that	1014
it is late.	1015

(4) Of the money that is collected from a construction and	1016
demolition debris facility or a solid waste facility on a per	1017
cubic yard or per ton basis under this section, a board of health	1018
shall transmit three cents per cubic yard or six cents per ton, as	1019
applicable, to the director not later than forty-five days after	1020
the receipt of the money. The money retained by a board of health	1021
under this section shall be paid into a special fund, which is	1022
hereby created in each health district, and used solely to	1023
administer and enforce this chapter and rules adopted under it.	1024

The director shall transmit all money received from the	1025
boards of health of health districts under this section and all	1026
money from the disposal fee collected by the director under this	1027
section to the treasurer of state to be credited to the	1028
construction and demolition debris facility oversight fund, which	1029
is hereby created in the state treasury. The fund shall be	1030
administered by the director, and money credited to the fund shall	1031
be used exclusively for the administration and enforcement of this	1032
chapter and rules adopted under it.	1033

(B) The board of health of a health district or the director	1034
may enter into an agreement with the owner or operator of a	1035
construction and demolition debris facility or a solid waste	1036
facility for the quarterly payment of the money collected from the	1037
disposal fee. The board of health shall notify the director of any	1038
such agreement. Not later than forty-five days after receipt of	1039
the quarterly payment, the board of health shall transmit the	1040
amount established in division (A)(4) of this section to the	1041
director. The money retained by the board of health shall be	1042
deposited in the special fund of the district as required under	1043
that division. Upon receipt of the money from a board of health,	1044
the director shall transmit the money to the treasurer of state to	1045
be credited to the construction and demolition debris facility	1046
oversight fund.	1047

(C) If a construction and demolition debris facility or a	1048
solid waste facility is located within the territorial boundaries	1049
of a municipal corporation or the unincorporated area of a	1050
township, the municipal corporation or township may appropriate up	1051
to four cents per cubic yard or up to eight cents per ton of the	1052
disposal fee required to be paid by the facility under division	1053
(A) of this section for the same purposes that a municipal	1054
corporation or township may levy a fee under division (C) of	1055
section 3734.57 of the Revised Code.	1056

The legislative authority of the municipal corporation or	1057
township may appropriate the money from the fee by enacting an	1058
ordinance or adopting a resolution establishing the amount of the	1059
fee to be appropriated. Upon doing so, the legislative authority	1060
shall mail a certified copy of the ordinance or resolution to the	1061
board of health of the health district in which the construction	1062
and demolition debris facility or the solid waste facility is	1063
located or, if the facility is located in a health district that	1064
is not on the approved list under section 3714.09 of the Revised	1065
Code, to the director. Upon receipt of the copy of the ordinance	1066
or resolution and not later than forty-five days after receipt of	1067
money collected from the fee, the board or the director, as	1068
applicable, shall transmit to the treasurer or other appropriate	1069
officer of the municipal corporation or clerk of the township that	1070
portion of the money collected from the disposal fee by the owner	1071
or operator of the facility that is required by the ordinance or	1072
resolution to be paid to that municipal corporation or township.	1073

Money received by the treasurer or other appropriate officer	1074
of a municipal corporation under this division shall be paid into	1075
the general fund of the municipal corporation. Money received by	1076
the clerk of a township under this division shall be paid into the	1077
general fund of the township. The treasurer or other officer of	1078
the municipal corporation or the clerk of the township, as	1079
appropriate, shall maintain separate records of the money received	1080
under this division.	1081

The legislative authority of a municipal corporation or	1082
township may cease collecting money under this division by	1083
repealing the ordinance or resolution that was enacted or adopted	1084
under this division.	1085

The director shall adopt rules in accordance with Chapter	1086
119. of the Revised Code establishing requirements for prorating	1087
the amount of the fee that may be appropriated under this division	1088
by a municipal corporation or township in which only a portion of	1089
a construction and demolition debris facility is located within	1090
the territorial boundaries of the municipal corporation or	1091
township.	1092

(D) The board of county commissioners of a county in which a	1093
construction and demolition debris facility or a solid waste	1094
facility is located may appropriate up to three cents per cubic	1095
yard or up to six cents per ton of the disposal fee required to be	1096
paid by the facility under division (A) of this section for the	1097
same purposes that a solid waste management district may levy a	1098
fee under division (B) of section 3734.57 of the Revised Code.	1099

The board of county commissioners may appropriate the money	1100
from the fee by adopting a resolution establishing the amount of	1101
the fee to be appropriated. Upon doing so, the board of county	1102
commissioners shall mail a certified copy of the resolution to the	1103
board of health of the health district in which the construction	1104
and demolition debris facility or the solid waste facility is	1105
located or, if the facility is located in a health district that	1106
is not on the approved list under section 3714.09 of the Revised	1107
Code, to the director. Upon receipt of the copy of the resolution	1108
and not later than forty-five days after receipt of money	1109
collected from the fee, the board of health or the director, as	1110
applicable, shall transmit to the treasurer of the county that	1111
portion of the money collected from the disposal fee by the owner	1112
or operator of the facility that is required by the resolution to	1113
be paid to that county.	1114

Money received by a county treasurer under this division	1115
shall be paid into the general fund of the county. The county	1116
treasurer shall maintain separate records of the money received	1117
under this division.	1118

A board of county commissioners may cease collecting money	1119
under this division by repealing the resolution that was adopted	1120
under this division.	1121

(E)(1) This section does not apply to the disposal of	1122
construction and demolition debris at a solid waste facility that	1123
is licensed under Chapter 3734. of the Revised Code if there is no	1124
construction and demolition debris facility licensed under this	1125
chapter within thirty-five miles of the solid waste facility as	1126
determined by a facility's property boundaries.	1127

(2) This section does not apply to the disposal of	1128
construction and demolition debris at a solid waste facility that	1129
is licensed under Chapter 3734. of the Revised Code if the owner	1130
or operator of the facility chooses to collect fees on the	1131
disposal of the construction and demolition debris that are	1132
identical to the fees that are collected under Chapters 343. and	1133
3734. of the Revised Code on the disposal of solid wastes at that	1134
facility.	1135

(3) This section does not apply to the disposal of source	1136
separated materials that are exclusively composed of reinforced or	1137
nonreinforced concrete, asphalt, clay tile, building or paving	1138
brick, or building or paving stone at a construction and	1139
demolition debris facility that is licensed under this chapter	1140
when either of the following applies:	1141

(a) The materials are placed within the limits of	1142
construction and demolition debris placement at the facility as	1143
specified in the license issued to the facility under section	1144
3714.06 of the Revised Code, are not placed within the unloading	1145
zone of the facility, and are used as a fire prevention measure in	1146
accordance with rules adopted by the director under section	1147
3714.02 of the Revised Code.	1148

(b) The materials are not placed within the unloading zone of	1149
the facility or within the limits of construction and demolition	1150
debris placement at the facility as specified in the license	1151
issued to the facility under section 3714.06 of the Revised Code,	1152
but are used as fill material, either alone or in conjunction with	1153
clean soil, sand, gravel, or other clean aggregates, in legitimate	1154
fill operations for construction purposes at the facility or to	1155
bring the facility up to a consistent grade.	1156

Sec. 3714.071.  (A) For the purpose of funding and conducting	1157
ground water monitoring at construction and demolition debris	1158
facilities by boards of health of health districts that are on the	1159
approved list under section 3714.09 of the Revised Code and the	1160
director of environmental protection, the director may adopt rules	1161
under Chapter 119. of the Revised Code for the purpose of levying	1162
a fee of not more than five cents per cubic yard or ten cents per	1163
ton on the disposal of construction and demolition debris at a	1164
construction and demolition debris facility that is licensed under	1165
this chapter. Such a fee shall be in addition to the fee that is	1166
levied under section 3714.07 of the Revised Code. If the director	1167
adopts rules under this section establishing a fee on the disposal	1168
of construction and demolition debris at a construction and	1169
demolition debris facility, the rules shall be subject to review	1170
every five years by the joint committee on agency rule review.	1171

The owner or operator of a construction and demolition debris	1172
facility shall collect the fee levied under rules adopted under	1173
this section as a trustee for the health district having	1174
jurisdiction over the facility, if that district is on the	1175
approved list under section 3714.09 of the Revised Code, or for	1176
the state. The owner or operator shall collect and remit the fee	1177
in the same manner that the fee levied under section 3714.07 of	1178
the Revised Code is collected and remitted.	1179

The money collected by a board of health under this section	1180
shall be paid into a special fund, which is hereby created in each	1181
health district, and used solely to fund and conduct ground water	1182
monitoring at construction and demolition debris facilities within	1183
the health district as specified in division (B) of this section.	1184
Of the money that is collected, a board of health shall transmit	1185
eighty per cent of the money received from the owner or operator	1186
of a facility under this section to the director not later than	1187
forty-five days after the receipt of the money.	1188

The director shall transmit all money received under this	1189
section to the treasurer of state to be credited to the	1190
construction and demolition debris facility ground water	1191
monitoring fund, which is hereby created in the state treasury.	1192
The director shall administer the fund and shall use money	1193
credited to it solely for the purposes specified in division (B)	1194
of this section.	1195

(B) A board of health or the director, as applicable, shall	1196
conduct ground water monitoring at construction and demolition	1197
debris facilities in accordance with this section. In order to	1198
conduct the monitoring, the board or director, as applicable,	1199
shall pay for the installation of ground water monitoring wells,	1200
ground water sampling, and the laboratory analysis of the ground	1201
water samples at a construction and demolition debris facility in	1202
accordance with either of the following, as applicable:	1203

(1) If the facility is operating before the effective date of	1204
this sectionApril 15, 2005, and the facility has not had ground	1205
water monitoring wells installed and operating before that date,	1206
the board of health or director, as applicable, shall pay the cost	1207
of the installation of one or more ground water monitoring wells	1208
and the annual sampling and laboratory analysis of the ground	1209
water at the facility.	1210

(2) If the facility is operating before the effective date of	1211
this sectionApril 15, 2005, and the facility has had one or more	1212
ground water monitoring wells installed and operating before that	1213
date, the board of health or director, as applicable, shall pay	1214
the cost of the installation of one or more additional ground	1215
water monitoring wells and the annual sampling and laboratory	1216
analysis of the ground water at the facility that exceeds the	1217
facility's annual cost of ground water monitoring certified under	1218
division (C) of this section by the owner or operator of the	1219
facility.	1220

A board of health or the director, as applicable, shall not	1221
pay any costs under this section for the installation of ground	1222
water monitoring wells, ground water sampling, or the laboratory	1223
analysis of ground water samples incurred by a construction and	1224
demolition debris facility to comply with rules adopted under	1225
section 3714.02 of the Revised Code or a permit to install issued	1226
under section 3714.051 of the Revised Code.	1227

(C) For purposes of division (B)(2) of this section, the	1228
owner or operator of a construction and demolition debris facility	1229
that is operating before the effective date of this sectionApril	1230
15, 2005, and that has had ground water monitoring wells installed	1231
and has incurred monitoring costs before that date shall retain	1232
for three years all documents evidencing the cost of the ground	1233
water monitoring. If the board or director, as applicable,	1234
requests documents evidencing the cost of the ground water	1235
monitoring, the owner or operator of the facility shall certify to	1236
the board or director, as applicable, the annual cost of ground	1237
water monitoring at the facility.	1238

(D) A board of health or the director, as applicable, shall	1239
determine the priority of purchases for ground water monitoring	1240
and the payment of the costs of conducting monitoring of ground	1241
water as provided in division (B) of this section. However, a	1242
board of health or the director, as applicable, shall not purchase	1243
ground water monitoring wells or pay the costs of conducting	1244
monitoring of ground water if the applicable fund does not have	1245
sufficient money to pay those costs. The director shall consult	1246
with boards of health to determine the priority of ground water	1247
monitoring at construction and demolition debris facilities that	1248
are licensed under this chapter.	1249

(E) The director may adopt rules in accordance with Chapter	1250
119. of the Revised Code that are necessary to administer this	1251
section.	1252

(F) A board of health or the director, as applicable, may	1253
enter into contracts for the purpose of conducting ground water	1254
monitoring that is required in this section.	1255

Sec. 3714.073. (A) In addition to the fee levied under	1256
division (A)(1) of section 3714.07 of the Revised Code, beginning	1257
July 1, 2005, there is hereby levied on the disposal of	1258
construction and demolition debris at a construction and	1259
demolition debris facility that is licensed under this chapter or	1260
at a solid waste facility that is licensed under Chapter 3734. of	1261
the Revised Code the following fees:	1262

(1) A fee of twelve and one-half cents per cubic yard or	1263
twenty-five cents per ton, as applicable, the proceeds of which	1264
shall be deposited in the state treasury to the credit of the soil	1265
and water conservation district assistance fund created in section	1266
1515.14 of the Revised Code;	1267

(2) A fee of thirty seven and one-half cents per cubic yard	1268
or seventy-five cents per ton, as applicable, the proceeds of	1269
which shall be deposited in the state treasury to the credit of	1270
the recycling and litter prevention fund created in section	1271
1502.02 of the Revised Code.	1272

(B) The owner or operator of a construction and demolition	1273
debris facility or a solid waste facility, as a trustee of the	1274
state, shall collect the fees levied under this section and remit	1275
the money from the fees in the manner that is established in	1276
divisions (A)(2) and (3) of section 3714.07 of the Revised Code	1277
for the fee that is levied under division (A)(1) of that section	1278
and may enter into an agreement for the quarterly payment of the	1279
fees in the manner established in division (B) of that section for	1280
the quarterly payment of the fee that is levied under division	1281
(A)(1) of that section.	1282

(C) The money that is collected from a construction and	1283
demolition debris facility or a solid waste facility and remitted	1284
to a board of health or the director of environmental protection,	1285
as applicable, pursuant to this section shall be transmitted by	1286
the board or director to the treasurer of state not later than	1287
forty-five days after the receipt of the money to be credited to	1288
the soil and water conservation district assistance fund or the	1289
recycling and litter prevention fund, as applicable.	1290

(D) This section does not apply to the disposal of	1291
construction and demolition debris at a solid waste facility that	1292
is licensed under Chapter 3734. of the Revised Code if the owner	1293
or operator of the facility chooses to collect fees on the	1294
disposal of the construction and demolition debris that are	1295
identical to the fees that are collected under Chapters 343. and	1296
3734. of the Revised Code on the disposal of solid wastes at that	1297
facility.	1298

(E) This section does not apply to the disposal of source	1299
separated materials that are exclusively composed of reinforced or	1300
nonreinforced concrete, asphalt, clay tile, building or paving	1301
brick, or building or paving stone at a construction and	1302
demolition debris facility that is licensed under this chapter	1303
when either of the following applies:	1304

(1) The materials are placed within the limits of	1305
construction and demolition debris placement at the facility as	1306
specified in the license issued to the facility under section	1307
3714.06 of the Revised Code, are not placed within the unloading	1308
zone of the facility, and are used as a fire prevention measure in	1309
accordance with rules adopted by the director under section	1310
3714.02 of the Revised Code.	1311

(2) The materials are not placed within the unloading zone of	1312
the facility or within the limits of construction and demolition	1313
debris placement at the facility as specified in the license	1314
issued to the facility under section 3714.06 of the Revised Code,	1315
but are used as fill material, either alone or in conjunction with	1316
clean soil, sand, gravel, or other clean aggregates, in legitimate	1317
fill operations for construction purposes at the facility or to	1318
bring the facility up to a consistent grade.	1319

Sec. 3714.081. (A) A construction and demolition debris	1320
facility shall not accept pulverized debris.	1321

(B) The board of health of a health district in which a	1322
construction and demolition debris facility is located, the	1323
director of environmental protection, or an authorized	1324
representative of either may request the removal of pulverized	1325
debris that has been brought to the construction and demolition	1326
debris facility. A board, the director, or an authorized	1327
representative of either shall make such a request when the	1328
pulverized debris is at the unloading zone of the facility	1329
designated under rules adopted under section 3714.02 of the	1330
Revised Code and not after the debris has been disposed of on the	1331
working face of the facility. Upon the receipt of such a request,	1332
the owner or operator of the facility shall comply with section	1333
3714.083 of the Revised Code and shall do one of the following:	1334

(1) Immediately cause the pulverized debris to be removed	1335
from the facility;	1336

(2) Store the pulverized debris at a location at the facility	1337
where construction and demolition debris is not disposed of for	1338
not more than ten days after the receipt of a request to remove	1339
the debris from the facility. Not later than the end of the	1340
ten-day period, the owner or operator shall cause the pulverized	1341
debris to be removed from the facility.	1342

(C) As used in this section, "working face" has the same	1343
meaning as in section 3714.021 of the Revised Code.	1344

Sec. 3714.082. (A) Except as provided in division (B) of this	1345
section, a construction and demolition debris facility may request	1346
a transfer facility to certify that material that is transferred	1347
from the transfer facility to the construction and demolition	1348
debris facility is not off-specification material; hazardous	1349
waste, solid wastes, or infectious wastes; or low-level	1350
radioactive waste whose treatment, recycling, storage, or disposal	1351
is governed under division (B) of section 3748.10 of the Revised	1352
Code. As used in this section, "hazardous waste," "solid wastes,"	1353
and "infectious wastes" have the same meanings as in section	1354
3734.01 of the Revised Code.	1355

(B) With respect to material that is transferred to a	1356
construction and demolition debris facility by a railroad that is	1357
regulated under Title 49 of the United States Code, the facility	1358
may request the railroad to provide a bill of lading, or a copy of	1359
a bill of lading, from the shipper of the material or may request	1360
the railroad to provide written information indicating that the	1361
railroad did not process or add to the material.	1362

Sec. 3714.083. (A) If the owner or operator of a construction	1363
and demolition debris facility rejects a load of debris that has	1364
been accepted at the unloading zone of the facility because the	1365
load is not eligible for disposal at the facility under this	1366
chapter and rules adopted under it, including section 3714.081 of	1367
the Revised Code, the owner or operator shall notify the director	1368
of environmental protection or a board of health, as applicable,	1369
of the rejection of the load. The notification shall be made in	1370
accordance with rules adopted under section 3714.02 of the Revised	1371
Code and shall include the date and time that the load was	1372
rejected, the license plate number of the vehicle transporting the	1373
rejected load as well as an indication of the state of origin of	1374
the vehicle, the name of the transporter or shipper of the load,	1375
if ascertainable, and the reason for rejecting the load. After	1376
rejecting a load, the owner or operator shall give the transporter	1377
or shipper of the load, as applicable, instructions regarding the	1378
requirements of division (B) of this section. The instructions	1379
shall be on a form prescribed by the director.	1380

(B) A transporter or shipper of a load that has been rejected	1381
under division (A) of this section shall notify the director or	1382
board, as applicable, of the ultimate disposition of the load	1383
after the load's rejection. The notification shall be made in	1384
accordance with rules adopted under section 3714.02 of the Revised	1385
Code and shall include the date and time that the load was	1386
ultimately disposed of after its rejection, the location of the	1387
disposal, and the name of the owner or operator of the facility	1388
that accepted the load for disposal.	1389

Sec. 3714.09.  (A) The director of environmental protection	1390
shall place each health district that is on the approved list	1391
under division (A) or (B) of section 3734.08 of the Revised Code	1392
on the approved list for the purposes of issuing permits to	1393
install and licenses under section 3714.06 of the Revised Code	1394
this chapter. Any survey or resurvey of any such health district	1395
conducted under section 3734.08 of the Revised Code shall also	1396
determine whether there is substantial compliance with this	1397
chapter. If the director removes any such health district from the	1398
approved list under division (B) of that section, the director	1399
shall also remove the health district from the approved list under	1400
this division and shall administer and enforce this chapter in the	1401
health district until the health district is placed on the	1402
approved list under division (B) of section 3734.08 of the Revised	1403
Code or division (B)(1) of this section.	1404

(B)(1) Upon the request of the board of health of a health	1405
district that is not on the approved list under division (A) or	1406
(B) of section 3734.08 of the Revised Code, the director may place	1407
the board on the approved list for the purpose of permitting and	1408
licensing construction and demolition debris facilities under	1409
section 3714.06 of the Revised Codethis chapter if the director	1410
determines that the board is both capable of and willing to	1411
enforce all of the applicable requirements of this chapter and	1412
rules adopted under it.	1413

(2) The director shall annually survey each health district	1414
on the approved list under division (B)(1) of this section to	1415
determine whether there is substantial compliance with this	1416
chapter and rules adopted under it. Upon determining that there is	1417
substantial compliance, the director shall place the health	1418
district on the approved list under that division. The director	1419
shall make a resurvey when in the director's opinion a resurvey is	1420
necessary and shall remove from the approved list under division	1421
(B)(1) of this section any health district not substantially	1422
complying with this chapter and rules adopted under it.	1423

(3) If, after a survey or resurvey is made under division	1424
(B)(2) of this section, the director determines that a health	1425
district is not eligible to be placed on the approved list or to	1426
continue on that list, the director shall certify that fact to the	1427
board of health of the health district and shall administer and	1428
enforce this chapter and rules adopted under it in the health	1429
district until such time as the health district is placed on the	1430
approved list.	1431

(4) Whenever the director is required to administer and	1432
enforce this chapter in any health district under division (A) or	1433
(B)(3) of this section, the director is hereby vested with all of	1434
the authority and all the duties granted to or imposed upon a	1435
board of health under this chapter and rules adopted under it	1436
within the health district. All disposal fees required to be paid	1437
to a board of health by section 3714.07 of the Revised Code and	1438
all such previous fees paid to the board, together with any money	1439
from construction and demolition debris facility license fees that	1440
were required to be paid to the board under section 3714.07 of the	1441
Revised Code as that section existed prior to the effective date	1442
of this amendmentApril 15, 2005, that have not been expended or	1443
encumbered shall be paid to the director and deposited by the	1444
director to the credit of the construction and demolition debris	1445
facility oversight fund created in section 3714.07 of the Revised	1446
Code.	1447

(C) Nothing in this chapter limits the authority of the	1448
director to initiate and pursue any administrative remedy or to	1449
request the attorney general, the prosecuting attorney of the	1450
appropriate county, or the city director of law of the appropriate	1451
city to initiate and pursue any appropriate judicial remedy	1452
available under this chapter to enforce any provision of this	1453
chapter and any rules or terms or conditions of any permit or	1454
license or order adopted or issued under this chapter with respect	1455
to any construction and demolition debris facility regardless of	1456
whether the facility is located in a health district that is on	1457
the approved list under division (A) or (B)(1) or (2) of this	1458
section.	1459

Sec. 3714.101. Falsification of any material information that	1460
is required to be submitted to a board of health or the director	1461
of environmental protection with respect to a permit to install or	1462
a license issued under this chapter or an application for such a	1463
permit or license, or falsification of any other material	1464
information that is required to be submitted to a board or the	1465
director under this chapter and rules adopted under it, is grounds	1466
for the denial, suspension, or revocation of a permit to install	1467
or a license issued under this chapter.	1468

Sec. 3714.11.  (A) The attorney general, the prosecuting	1469
attorney of the county, or the city director of law where a	1470
violation has occurred, is occurring, or may occur, upon the	1471
request of the respective board of health of the health district,	1472
the legislative authority of the political subdivision in which a	1473
violation has occurred, is occurring, or may occur, or the	1474
director of environmental protection, shall prosecute to	1475
termination or bring an action for injunction against any person	1476
who has violated, is violating, or is threatening to violate any	1477
section of this chapter, applicable rules adopted under it, or	1478
terms or conditions of a permit, license, or order issued under	1479
it. The court of common pleas in which an action for injunction is	1480
filed has the jurisdiction to and shall grant preliminary and	1481
permanent injunctive relief upon a showing that the person against	1482
whom the action is brought has violated, is violating, or is	1483
threatening to violate any section of this chapter, applicable	1484
rules adopted under it, or terms or conditions of a permit,	1485
license, or order issued under it. The court shall give precedence	1486
to such an action over all other cases.	1487

(B) If the board of health of the health district in which a	1488
violation has occurred or is occurring or the director determines	1489
that any person has violated or is violating this chapter, a rule	1490
adopted under it, or a term or condition of a permit, license, or	1491
order issued under it, the board or the director may request in	1492
writing that the attorney general, the prosecuting attorney of the	1493
county, or the city director of law where the violation has	1494
occurred or is occurring to bring an action for civil penalties in	1495
any court of competent jurisdiction. Such an action shall have	1496
precedence over all other cases. The court may impose upon the	1497
person a civil penalty of not more than ten thousand dollars for	1498
each day of each violation of this chapter, a rule adopted under	1499
it, or a term or condition of a permit, license, or order issued	1500
under it.	1501

Moneys resulting from civil penalties imposed by an action	1502
brought at the request of the board of health shall be credited to	1503
the special fund of the health district created in section 3714.07	1504
of the Revised Code. Moneys resulting from civil penalties imposed	1505
by an action brought at the request of the director shall be	1506
credited to the hazardous waste clean-up fund created in section	1507
3734.28 of the Revised Code.	1508

Any action under this division is a civil action, governed by	1509
the Rules of Civil Procedure.	1510

(C) The director and board of health, within their respective	1511
territorial jurisdictions, may, upon their own initiative,	1512
investigate or make inquiries regarding the disposal of	1513
construction and demolition debris.	1514

(D) This chapter does not abridge rights of action or	1515
remedies in equity, under common law, or as provided by statute or	1516
prevent the state or any municipal corporation or person in the	1517
exercise of their rights in equity, under common law, or as	1518
provided by statute to suppress nuisances or to abate or prevent	1519
pollution.	1520

Sec. 3714.12.  (A) The board of health of a health district	1521
may make orders in accordance with section 3709.20 or 3709.21 of	1522
the Revised Code to a permit or license holder or other person to	1523
abate, within a specified, reasonable time, a violation of any	1524
section of this chapter, a rule adopted under it, or a term or	1525
condition of a permit or license issued under it. The director of	1526
environmental protection may issue enforcement orders in	1527
accordance with Chapter 3745. of the Revised Code to a permit or	1528
license holder or other person to abate, within a specified,	1529
reasonable time, a violation of any section of this chapter, a	1530
rule adopted under it, or a term or condition of a permit or	1531
license issued under it.	1532

(B) If the board of health or the director determines that	1533
conditions at a construction and demolition debris facility or	1534
other location where construction and demolition debris is being	1535
disposed of are causing or threatening to cause an imminent and	1536
substantial threat to public health or safety or the environment	1537
or an imminent and substantial risk of fire and that, due to any	1538
of those conditions, an emergency exists requiring immediate	1539
action to protect the public health or safety or the environment,	1540
the board or the director may, without notice or hearing, issue an	1541
order reciting the existence of the emergency and requiring that	1542
such action be taken as is necessary to meet the emergency. The	1543
order shall be effective immediately. Any person to whom such an	1544
order is directed shall comply immediately, but on application to	1545
the director or the board of health, as appropriate, shall be	1546
afforded a hearing as soon as possible, but not later than thirty	1547
days after application. On the basis of the hearing, the director	1548
or the board of health shall continue the order in effect or	1549
revoke or modify it. No emergency order shall remain in effect for	1550
more than ninety days after its issuance.	1551

Sec. 3714.13.  (A) No person shall violate any section of	1552
this chapter.	1553

(B) No person shall violate a rule adopted under this	1554
chapter.	1555

(C) No person shall violate an order issued under this	1556
chapter. Violation of an order issued by a board of health under	1557
this chapter is not also a violation of section 3709.20 or 3709.21	1558
of the Revised Code, whichever is applicable.	1559

(D) No person who holds a permit or license issued under this	1560
chapter shall violate any of the terms or conditions of the permit	1561
or license.	1562

(E) No owner or operator of a construction or demolition	1563
debris facility shall dispose of asbestos or regulated	1564
asbestos-containing materials or products at the facility unless	1565
hethe owner or operator is specifically authorized to do so by	1566
the board of health of the health district in which the facility	1567
is located, or by the director, pursuant to rules adopted under	1568
division (D) of section 3714.02 of the Revised Code.	1569

(F) No person shall knowingly place or cause to be placed any	1570
reinforced or nonreinforced concrete, asphalt, clay tile, building	1571
or paving brick, or building or paving stone resulting from the	1572
alteration, construction, destruction, rehabilitation, or repair	1573
of any manmade physical structure that is built by humans as fill	1574
material on or in any land owned, leased, or controlled by the	1575
person, other than on the site where the materials were so	1576
generated or removed, without providing written notice to the	1577
board of health of the health district in which the land is	1578
located or, if the health district is not on the approved list	1579
under division (A) or (B)(1) or (2) of section 3714.09 of the	1580
Revised Code, to the director of environmental protection at least	1581
seven days prior to the first placement of any such materials as	1582
fill material at the off-site location.	1583

Sec. 3714.20. The director of environmental protection shall	1584
establish and maintain a database or databases composed of public	1585
information, including, but not limited to, the record made under	1586
section 3714.08 of the Revised Code of inspection of each	1587
construction and demolition debris facility, information from the	1588
annual survey of each health district made under section 3714.09	1589
or 3734.08 of the Revised Code, as applicable, and ground water	1590
and leachate data collected in accordance with rules adopted under	1591
section 3714.02 of the Revised Code. The database or databases	1592
shall be stored in such a manner that they are easily available	1593
for sharing with health districts and all other interested	1594
persons.	1595

Sec. 3734.281.  Notwithstanding any provision of law to the	1596
contrary, any moneys set aside by the state for the cleanup and	1597
remediation of the Ashtabula river; any moneys collected from	1598
settlements made by the director of environmental protection,	1599
including those associated with bankruptcies, related to actions	1600
brought under Chapter 3714. and section 3734.13, 3734.20, 3734.22,	1601
6111.03, or 6111.04 of the Revised Code; and any moneys received	1602
under the "Comprehensive Environmental Response, Compensation, and	1603
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9602, as amended,	1604
may be paid into the state treasury to the credit of the	1605
environmental protection remediation fund, which is hereby	1606
created. The environmental protection agency shall use the moneys	1607
in the fund only for the purpose of remediating conditions at a	1608
hazardous waste facility, a solid waste facility, a construction	1609
and demolition debris facility licensed under Chapter 3714. of the	1610
Revised Code, or otheranother location at which the director has	1611
reason to believe there is a substantial threat to public health	1612
or safety or the environment. Remediation may include the direct	1613
and indirect costs associated with the overseeing, supervising,	1614
performing, verifying, or reviewing of remediation activities by	1615
agency employees. All investment earnings of the fund shall be	1616
credited to the fund.	1617

Sec. 3734.57.  (A) The following fees are hereby levied on	1618
the disposal of solid wastes in this state:	1619

(1) One dollar per ton on and after July 1, 2003, through	1620
June 30, 2008, one-half of the proceeds of which shall be	1621
deposited in the state treasury to the credit of the hazardous	1622
waste facility management fund created in section 3734.18 of the	1623
Revised Code and one-half of the proceeds of which shall be	1624
deposited in the state treasury to the credit of the hazardous	1625
waste clean-up fund created in section 3734.28 of the Revised	1626
Code;	1627

(2) An additional one dollar per ton on and after July 1,	1628
2003, through June 30, 2008, the proceeds of which shall be	1629
deposited in the state treasury to the credit of the solid waste	1630
fund, which is hereby created. The environmental protection agency	1631
shall use money in the solid waste fund to pay the costs of	1632
administering and enforcing the laws pertaining to solid wastes,	1633
infectious wastes, and construction and demolition debris,	1634
including, without limitation, ground water evaluations related to	1635
solid wastes, infectious wastes, and construction and demolition	1636
debris, under this chapter and Chapter 3714. of the Revised Code	1637
and any rules adopted under them, providing compliance assistance	1638
to small businesses, and paying a share of the administrative	1639
costs of the environmental protection agency pursuant to section	1640
3745.014 of the Revised Code.	1641

(3) An additional one dollar and fifty cents per ton on and	1642
after July 1, 2005, through June 30, 2008, the proceeds of which	1643
shall be deposited in the state treasury to the credit of the	1644
environmental protection fund created in section 3745.015 of the	1645
Revised Code.	1646

In the case of solid wastes that are taken to a solid waste	1647
transfer facility located in this state prior to being transported	1648
to a solid waste disposal facility for disposal, the fees levied	1649
under this division shall be collected by the owner or operator of	1650
the transfer facility as a trustee for the state. The amount of	1651
fees required to be collected under this division at such a	1652
transfer facility shall equal the total tonnage of solid wastes	1653
received at the facility multiplied by the fees levied under this	1654
division. In the case of solid wastes that are not taken to a	1655
solid waste transfer facility located in this state prior to being	1656
transported to a solid waste disposal facility, the fees shall be	1657
collected by the owner or operator of the solid waste disposal	1658
facility as a trustee for the state. The amount of fees required	1659
to be collected under this division at such a disposal facility	1660
shall equal the total tonnage of solid wastes received at the	1661
facility that was not previously taken to a solid waste transfer	1662
facility located in this state multiplied by the fees levied under	1663
this division. Fees levied under this division do not apply to	1664
materials separated from a mixed waste stream for recycling by a	1665
generator or materials removed from the solid waste stream through	1666
recycling, as "recycling" is defined in rules adopted under	1667
section 3734.02 of the Revised Code.	1668

The owner or operator of a solid waste transfer facility or	1669
disposal facility, as applicable, shall prepare and file with the	1670
director of environmental protection each month a return	1671
indicating the total tonnage of solid wastes received at the	1672
facility during that month and the total amount of the fees	1673
required to be collected under this division during that month. In	1674
addition, the owner or operator of a solid waste disposal facility	1675
shall indicate on the return the total tonnage of solid wastes	1676
received from transfer facilities located in this state during	1677
that month for which the fees were required to be collected by the	1678
transfer facilities. The monthly returns shall be filed on a form	1679
prescribed by the director. Not later than thirty days after the	1680
last day of the month to which a return applies, the owner or	1681
operator shall mail to the director the return for that month	1682
together with the fees required to be collected under this	1683
division during that month as indicated on the return. If the	1684
return is filed and the amount of the fees due is paid in a timely	1685
manner as required in this division, the owner or operator may	1686
retain a discount of three-fourths of one per cent of the total	1687
amount of the fees that are required to be paid as indicated on	1688
the return.	1689

The owner or operator may request an extension of not more	1690
than thirty days for filing the return and remitting the fees,	1691
provided that the owner or operator has submitted such a request	1692
in writing to the director together with a detailed description of	1693
why the extension is requested, the director has received the	1694
request not later than the day on which the return is required to	1695
be filed, and the director has approved the request. If the fees	1696
are not remitted within thirty days after the last day of the	1697
month to which the return applies or are not remitted by the last	1698
day of an extension approved by the director, the owner or	1699
operator shall not retain the three-fourths of one per cent	1700
discount and shall pay an additional ten per cent of the amount of	1701
the fees for each month that they are late. For purposes of	1702
calculating the late fee, the first month in which fees are late	1703
begins on the first day after the deadline has passed for timely	1704
submitting the return and fees, and one additional month shall be	1705
counted every thirty days thereafter.	1706

The owner or operator of a solid waste facility may request a	1707
refund or credit of fees levied under this division and remitted	1708
to the director that have not been paid to the owner or operator.	1709
Such a request shall be made only if the fees have not been	1710
collected by the owner or operator, have become a debt that has	1711
become worthless or uncollectable for a period of six months or	1712
more, and may be claimed as a deduction, including a deduction	1713
claimed if the owner or operator keeps accounts on an accrual	1714
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	1715
U.S.C. 166, as amended, and regulations adopted under it. Prior to	1716
making a request for a refund or credit, an owner or operator	1717
shall make reasonable efforts to collect the applicable fees. A	1718
request for a refund or credit shall not include any costs	1719
resulting from those efforts to collect unpaid fees.	1720

A request for a refund or credit of fees shall be made in	1721
writing, on a form prescribed by the director, and shall be	1722
supported by evidence that may be required in rules adopted by the	1723
director under this chapter. After reviewing the request, and if	1724
the request and evidence submitted with the request indicate that	1725
a refund or credit is warranted, the director mayshall grant a	1726
refund to the owner or operator or mayshall permit a credit to be	1727
taken by the owner or operator on a subsequent monthly return	1728
submitted by the owner or operator. The amount of a refund or	1729
credit shall not exceed an amount that is equal to ninety days'	1730
worth of fees owed to an owner or operator by a particular debtor	1731
of the owner or operator. A refund or credit shall not be granted	1732
by the director to an owner or operator more than once in any	1733
twelve-month period for fees owed to the owner or operator by a	1734
particular debtor.	1735

If, after receiving a refund or credit from the director, an	1736
owner or operator receives payment of all or part of the fees, the	1737
owner or operator shall remit the fees with the next monthly	1738
return submitted to the director together with a written	1739
explanation of the reason for the submittal.	1740

For purposes of computing the fees levied under this division	1741
or division (B) of this section, any solid waste transfer or	1742
disposal facility that does not use scales as a means of	1743
determining gate receipts shall use a conversion factor of three	1744
cubic yards per ton of solid waste or one cubic yard per ton for	1745
baled waste, as applicable.	1746

The fees levied under this division and divisions (B) and (C)	1747
of this section are in addition to all other applicable fees and	1748
taxes and shall be paid by the customer to the owner or operator	1749
of a solid waste transfer or disposal facility notwithstanding the	1750
existence of any provision in a contract that the customer may	1751
have with the owner or operator that would not require or allow	1752
such payment.	1753

(B) For the purposes specified in division (G) of this	1754
section, the solid waste management policy committee of a county	1755
or joint solid waste management district may levy fees upon the	1756
following activities:	1757

(1) The disposal at a solid waste disposal facility located	1758
in the district of solid wastes generated within the district;	1759

(2) The disposal at a solid waste disposal facility within	1760
the district of solid wastes generated outside the boundaries of	1761
the district, but inside this state;	1762

(3) The disposal at a solid waste disposal facility within	1763
the district of solid wastes generated outside the boundaries of	1764
this state.	1765

The solid waste management plan of the county or joint	1766
district approved under section 3734.521 or 3734.55 of the Revised	1767
Code and any amendments to it, or the resolution adopted under	1768
this division, as appropriate, shall establish the rates of the	1769
fees levied under divisions (B)(1), (2), and (3) of this section,	1770
if any, and shall specify whether the fees are levied on the basis	1771
of tons or cubic yards as the unit of measurement. A solid waste	1772
management district that levies fees under this division on the	1773
basis of cubic yards shall do so in accordance with division (A)	1774
of this section.	1775

The fee levied under division (B)(1) of this section shall be	1776
not less than one dollar per ton nor more than two dollars per	1777
ton, the fee levied under division (B)(2) of this section shall be	1778
not less than two dollars per ton nor more than four dollars per	1779
ton, and the fee levied under division (B)(3) of this section	1780
shall be not more than the fee levied under division (B)(1) of	1781
this section.	1782

Prior to the approval of the solid waste management plan of a	1783
district under section 3734.55 of the Revised Code, the solid	1784
waste management policy committee of a district may levy fees	1785
under this division by adopting a resolution establishing the	1786
proposed amount of the fees. Upon adopting the resolution, the	1787
committee shall deliver a copy of the resolution to the board of	1788
county commissioners of each county forming the district and to	1789
the legislative authority of each municipal corporation and	1790
township under the jurisdiction of the district and shall prepare	1791
and publish the resolution and a notice of the time and location	1792
where a public hearing on the fees will be held. Upon adopting the	1793
resolution, the committee shall deliver written notice of the	1794
adoption of the resolution; of the amount of the proposed fees;	1795
and of the date, time, and location of the public hearing to the	1796
director and to the fifty industrial, commercial, or institutional	1797
generators of solid wastes within the district that generate the	1798
largest quantities of solid wastes, as determined by the	1799
committee, and to their local trade associations. The committee	1800
shall make good faith efforts to identify those generators within	1801
the district and their local trade associations, but the	1802
nonprovision of notice under this division to a particular	1803
generator or local trade association does not invalidate the	1804
proceedings under this division. The publication shall occur at	1805
least thirty days before the hearing. After the hearing, the	1806
committee may make such revisions to the proposed fees as it	1807
considers appropriate and thereafter, by resolution, shall adopt	1808
the revised fee schedule. Upon adopting the revised fee schedule,	1809
the committee shall deliver a copy of the resolution doing so to	1810
the board of county commissioners of each county forming the	1811
district and to the legislative authority of each municipal	1812
corporation and township under the jurisdiction of the district.	1813
Within sixty days after the delivery of a copy of the resolution	1814
adopting the proposed revised fees by the policy committee, each	1815
such board and legislative authority, by ordinance or resolution,	1816
shall approve or disapprove the revised fees and deliver a copy of	1817
the ordinance or resolution to the committee. If any such board or	1818
legislative authority fails to adopt and deliver to the policy	1819
committee an ordinance or resolution approving or disapproving the	1820
revised fees within sixty days after the policy committee	1821
delivered its resolution adopting the proposed revised fees, it	1822
shall be conclusively presumed that the board or legislative	1823
authority has approved the proposed revised fees. The committee	1824
shall determine if the resolution has been ratified in the same	1825
manner in which it determines if a draft solid waste management	1826
plan has been ratified under division (B) of section 3734.55 of	1827
the Revised Code.	1828

The committee may amend the schedule of fees levied pursuant	1829
to a resolution adopted and ratified under this division by	1830
adopting a resolution establishing the proposed amount of the	1831
amended fees. The committee may repeal the fees levied pursuant to	1832
such a resolution by adopting a resolution proposing to repeal	1833
them. Upon adopting such a resolution, the committee shall proceed	1834
to obtain ratification of the resolution in accordance with this	1835
division.	1836

Not later than fourteen days after declaring the new fees to	1837
be ratified or the fees to be repealed under this division, the	1838
committee shall notify by certified mail the owner or operator of	1839
each solid waste disposal facility that is required to collect the	1840
fees of the ratification and the amount of the fees or of the	1841
repeal of the fees. Collection of any fees shall commence or	1842
collection of repealed fees shall cease on the first day of the	1843
second month following the month in which notification is sent to	1844
the owner or operator.	1845

Fees levied under this division also may be established,	1846
amended, or repealed by a solid waste management policy committee	1847
through the adoption of a new district solid waste management	1848
plan, the adoption of an amended plan, or the amendment of the	1849
plan or amended plan in accordance with sections 3734.55 and	1850
3734.56 of the Revised Code or the adoption or amendment of a	1851
district plan in connection with a change in district composition	1852
under section 3734.521 of the Revised Code.	1853

Not later than fourteen days after the director issues an	1854
order approving a district's solid waste management plan, amended	1855
plan, or amendment to a plan or amended plan that establishes,	1856
amends, or repeals a schedule of fees levied by the district, the	1857
committee shall notify by certified mail the owner or operator of	1858
each solid waste disposal facility that is required to collect the	1859
fees of the approval of the plan or amended plan, or the amendment	1860
to the plan, as appropriate, and the amount of the fees, if any.	1861
In the case of an initial or amended plan approved under section	1862
3734.521 of the Revised Code in connection with a change in	1863
district composition, other than one involving the withdrawal of a	1864
county from a joint district, the committee, within fourteen days	1865
after the change takes effect pursuant to division (G) of that	1866
section, shall notify by certified mail the owner or operator of	1867
each solid waste disposal facility that is required to collect the	1868
fees that the change has taken effect and of the amount of the	1869
fees, if any. Collection of any fees shall commence or collection	1870
of repealed fees shall cease on the first day of the second month	1871
following the month in which notification is sent to the owner or	1872
operator.	1873

If, in the case of a change in district composition involving	1874
the withdrawal of a county from a joint district, the director	1875
completes the actions required under division (G)(1) or (3) of	1876
section 3734.521 of the Revised Code, as appropriate, forty-five	1877
days or more before the beginning of a calendar year, the policy	1878
committee of each of the districts resulting from the change that	1879
obtained the director's approval of an initial or amended plan in	1880
connection with the change, within fourteen days after the	1881
director's completion of the required actions, shall notify by	1882
certified mail the owner or operator of each solid waste disposal	1883
facility that is required to collect the district's fees that the	1884
change is to take effect on the first day of January immediately	1885
following the issuance of the notice and of the amount of the fees	1886
or amended fees levied under divisions (B)(1) to (3) of this	1887
section pursuant to the district's initial or amended plan as so	1888
approved or, if appropriate, the repeal of the district's fees by	1889
that initial or amended plan. Collection of any fees set forth in	1890
such a plan or amended plan shall commence on the first day of	1891
January immediately following the issuance of the notice. If such	1892
an initial or amended plan repeals a schedule of fees, collection	1893
of the fees shall cease on that first day of January.	1894

If, in the case of a change in district composition involving	1895
the withdrawal of a county from a joint district, the director	1896
completes the actions required under division (G)(1) or (3) of	1897
section 3734.521 of the Revised Code, as appropriate, less than	1898
forty-five days before the beginning of a calendar year, the	1899
director, on behalf of each of the districts resulting from the	1900
change that obtained the director's approval of an initial or	1901
amended plan in connection with the change proceedings, shall	1902
notify by certified mail the owner or operator of each solid waste	1903
disposal facility that is required to collect the district's fees	1904
that the change is to take effect on the first day of January	1905
immediately following the mailing of the notice and of the amount	1906
of the fees or amended fees levied under divisions (B)(1) to (3)	1907
of this section pursuant to the district's initial or amended plan	1908
as so approved or, if appropriate, the repeal of the district's	1909
fees by that initial or amended plan. Collection of any fees set	1910
forth in such a plan or amended plan shall commence on the first	1911
day of the second month following the month in which notification	1912
is sent to the owner or operator. If such an initial or amended	1913
plan repeals a schedule of fees, collection of the fees shall	1914
cease on the first day of the second month following the month in	1915
which notification is sent to the owner or operator.	1916

If the schedule of fees that a solid waste management	1917
district is levying under divisions (B)(1) to (3) of this section	1918
is amended or repealed, the fees in effect immediately prior to	1919
the amendment or repeal shall continue to be collected until	1920
collection of the amended fees commences or collection of the	1921
repealed fees ceases, as applicable, as specified in this	1922
division. In the case of a change in district composition, money	1923
so received from the collection of the fees of the former	1924
districts shall be divided among the resulting districts in	1925
accordance with division (B) of section 343.012 of the Revised	1926
Code and the agreements entered into under division (B) of section	1927
343.01 of the Revised Code to establish the former and resulting	1928
districts and any amendments to those agreements.	1929

For the purposes of the provisions of division (B) of this	1930
section establishing the times when newly established or amended	1931
fees levied by a district are required to commence and the	1932
collection of fees that have been amended or repealed is required	1933
to cease, "fees" or "schedule of fees" includes, in addition to	1934
fees levied under divisions (B)(1) to (3) of this section, those	1935
levied under section 3734.573 or 3734.574 of the Revised Code.	1936

(C) For the purposes of defraying the added costs to a	1937
municipal corporation or township of maintaining roads and other	1938
public facilities and of providing emergency and other public	1939
services, and compensating a municipal corporation or township for	1940
reductions in real property tax revenues due to reductions in real	1941
property valuations resulting from the location and operation of a	1942
solid waste disposal facility within the municipal corporation or	1943
township, a municipal corporation or township in which such a	1944
solid waste disposal facility is located may levy a fee of not	1945
more than twenty-five cents per ton on the disposal of solid	1946
wastes at a solid waste disposal facility located within the	1947
boundaries of the municipal corporation or township regardless of	1948
where the wastes were generated.	1949

The legislative authority of a municipal corporation or	1950
township may levy fees under this division by enacting an	1951
ordinance or adopting a resolution establishing the amount of the	1952
fees. Upon so doing the legislative authority shall mail a	1953
certified copy of the ordinance or resolution to the board of	1954
county commissioners or directors of the county or joint solid	1955
waste management district in which the municipal corporation or	1956
township is located or, if a regional solid waste management	1957
authority has been formed under section 343.011 of the Revised	1958
Code, to the board of trustees of that regional authority, the	1959
owner or operator of each solid waste disposal facility in the	1960
municipal corporation or township that is required to collect the	1961
fee by the ordinance or resolution, and the director of	1962
environmental protection. Although the fees levied under this	1963
division are levied on the basis of tons as the unit of	1964
measurement, the legislative authority, in its ordinance or	1965
resolution levying the fees under this division, may direct that	1966
the fees be levied on the basis of cubic yards as the unit of	1967
measurement based upon a conversion factor of three cubic yards	1968
per ton generally or one cubic yard per ton for baled wastes.	1969

Not later than five days after enacting an ordinance or	1970
adopting a resolution under this division, the legislative	1971
authority shall so notify by certified mail the owner or operator	1972
of each solid waste disposal facility that is required to collect	1973
the fee. Collection of any fee levied on or after March 24, 1992,	1974
shall commence on the first day of the second month following the	1975
month in which notification is sent to the owner or operator.	1976

(D)(1) The fees levied under divisions (A), (B), and (C) of	1977
this section do not apply to the disposal of solid wastes that:	1978

(a) Are disposed of at a facility owned by the generator of	1979
the wastes when the solid waste facility exclusively disposes of	1980
solid wastes generated at one or more premises owned by the	1981
generator regardless of whether the facility is located on a	1982
premises where the wastes are generated;	1983

(b) Are disposed of at facilities that exclusively dispose of	1984
wastes that are generated from the combustion of coal, or from the	1985
combustion of primarily coal in combination with scrap tires, that	1986
is not combined in any way with garbage at one or more premises	1987
owned by the generator.	1988

(2) Except as provided in section 3734.571 of the Revised	1989
Code, any fees levied under division (B)(1) of this section apply	1990
to solid wastes originating outside the boundaries of a county or	1991
joint district that are covered by an agreement for the joint use	1992
of solid waste facilities entered into under section 343.02 of the	1993
Revised Code by the board of county commissioners or board of	1994
directors of the county or joint district where the wastes are	1995
generated and disposed of.	1996

(3) When solid wastes, other than solid wastes that consist	1997
of scrap tires, are burned in a disposal facility that is an	1998
incinerator or energy recovery facility, the fees levied under	1999
divisions (A), (B), and (C) of this section shall be levied upon	2000
the disposal of the fly ash and bottom ash remaining after burning	2001
of the solid wastes and shall be collected by the owner or	2002
operator of the sanitary landfill where the ash is disposed of.	2003

(4) When solid wastes are delivered to a solid waste transfer	2004
facility, the fees levied under divisions (B) and (C) of this	2005
section shall be levied upon the disposal of solid wastes	2006
transported off the premises of the transfer facility for disposal	2007
and shall be collected by the owner or operator of the solid waste	2008
disposal facility where the wastes are disposed of.	2009

(5) The fees levied under divisions (A), (B), and (C) of this	2010
section do not apply to sewage sludge that is generated by a waste	2011
water treatment facility holding a national pollutant discharge	2012
elimination system permit and that is disposed of through	2013
incineration, land application, or composting or at another	2014
resource recovery or disposal facility that is not a landfill.	2015

(6) The fees levied under divisions (A), (B), and (C) of this	2016
section do not apply to solid wastes delivered to a solid waste	2017
composting facility for processing. When any unprocessed solid	2018
waste or compost product is transported off the premises of a	2019
composting facility and disposed of at a landfill, the fees levied	2020
under divisions (A), (B), and (C) of this section shall be	2021
collected by the owner or operator of the landfill where the	2022
unprocessed waste or compost product is disposed of.	2023

(7) When solid wastes that consist of scrap tires are	2024
processed at a scrap tire recovery facility, the fees levied under	2025
divisions (A), (B), and (C) of this section shall be levied upon	2026
the disposal of the fly ash and bottom ash or other solid wastes	2027
remaining after the processing of the scrap tires and shall be	2028
collected by the owner or operator of the solid waste disposal	2029
facility where the ash or other solid wastes are disposed of.	2030

(8) The director of environmental protection may issue an	2031
order exempting from the fees levied under this section solid	2032
wastes, including, but not limited to, scrap tires, that are	2033
generated, transferred, or disposed of as a result of a contract	2034
providing for the expenditure of public funds entered into by the	2035
administrator or regional administrator of the United States	2036
environmental protection agency, the director of environmental	2037
protection, or the director of administrative services on behalf	2038
of the director of environmental protection for the purpose of	2039
remediating conditions at a hazardous waste facility, solid waste	2040
facility, or other location at which the administrator or regional	2041
administrator or the director of environmental protection has	2042
reason to believe that there is a substantial threat to public	2043
health or safety or the environment or that the conditions are	2044
causing or contributing to air or water pollution or soil	2045
contamination. An order issued by the director of environmental	2046
protection under division (D)(8) of this section shall include a	2047
determination that the amount of the fees not received by a solid	2048
waste management district as a result of the order will not	2049
adversely impact the implementation and financing of the	2050
district's approved solid waste management plan and any approved	2051
amendments to the plan. Such an order is a final action of the	2052
director of environmental protection.	2053

(E) The fees levied under divisions (B) and (C) of this	2054
section shall be collected by the owner or operator of the solid	2055
waste disposal facility where the wastes are disposed of as a	2056
trustee for the county or joint district and municipal corporation	2057
or township where the wastes are disposed of. Moneys from the fees	2058
levied under division (B) of this section shall be forwarded to	2059
the board of county commissioners or board of directors of the	2060
district in accordance with rules adopted under division (H) of	2061
this section. Moneys from the fees levied under division (C) of	2062
this section shall be forwarded to the treasurer or such other	2063
officer of the municipal corporation as, by virtue of the charter,	2064
has the duties of the treasurer or to the fiscal officer of the	2065
township, as appropriate, in accordance with those rules.	2066

(F) Moneys received by the treasurer or other officer of the	2067
municipal corporation under division (E) of this section shall be	2068
paid into the general fund of the municipal corporation. Moneys	2069
received by the fiscal officer of the township under that division	2070
shall be paid into the general fund of the township. The treasurer	2071
or other officer of the municipal corporation or the township	2072
fiscal officer, as appropriate, shall maintain separate records of	2073
the moneys received from the fees levied under division (C) of	2074
this section.	2075

(G) Moneys received by the board of county commissioners or	2076
board of directors under division (E) of this section or section	2077
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	2078
shall be paid to the county treasurer, or other official acting in	2079
a similar capacity under a county charter, in a county district or	2080
to the county treasurer or other official designated by the board	2081
of directors in a joint district and kept in a separate and	2082
distinct fund to the credit of the district. If a regional solid	2083
waste management authority has been formed under section 343.011	2084
of the Revised Code, moneys received by the board of trustees of	2085
that regional authority under division (E) of this section shall	2086
be kept by the board in a separate and distinct fund to the credit	2087
of the district. Moneys in the special fund of the county or joint	2088
district arising from the fees levied under division (B) of this	2089
section and the fee levied under division (A) of section 3734.573	2090
of the Revised Code shall be expended by the board of county	2091
commissioners or directors of the district in accordance with the	2092
district's solid waste management plan or amended plan approved	2093
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	2094
exclusively for the following purposes:	2095

(1) Preparation of the solid waste management plan of the	2096
district under section 3734.54 of the Revised Code, monitoring	2097
implementation of the plan, and conducting the periodic review and	2098
amendment of the plan required by section 3734.56 of the Revised	2099
Code by the solid waste management policy committee;	2100

(2) Implementation of the approved solid waste management	2101
plan or amended plan of the district, including, without	2102
limitation, the development and implementation of solid waste	2103
recycling or reduction programs;	2104

(3) Providing financial assistance to boards of health within	2105
the district, if solid waste facilities are located within the	2106
district, for enforcement of this chapter and rules, orders, and	2107
terms and conditions of permits, licenses, and variances adopted	2108
or issued under it, other than the hazardous waste provisions of	2109
this chapter and rules adopted and orders and terms and conditions	2110
of permits issued under those provisions;	2111

(4) Providing financial assistance to each county within the	2112
district to defray the added costs of maintaining roads and other	2113
public facilities and of providing emergency and other public	2114
services resulting from the location and operation of a solid	2115
waste facility within the county under the district's approved	2116
solid waste management plan or amended plan;	2117

(5) Pursuant to contracts entered into with boards of health	2118
within the district, if solid waste facilities contained in the	2119
district's approved plan or amended plan are located within the	2120
district, for paying the costs incurred by those boards of health	2121
for collecting and analyzing samples from public or private water	2122
wells on lands adjacent to those facilities;	2123

(6) Developing and implementing a program for the inspection	2124
of solid wastes generated outside the boundaries of this state	2125
that are disposed of at solid waste facilities included in the	2126
district's approved solid waste management plan or amended plan;	2127

(7) Providing financial assistance to boards of health within	2128
the district for the enforcement of section 3734.03 of the Revised	2129
Code or to local law enforcement agencies having jurisdiction	2130
within the district for enforcing anti-littering laws and	2131
ordinances;	2132

(8) Providing financial assistance to boards of health of	2133
health districts within the district that are on the approved list	2134
under section 3734.08 of the Revised Code to defray the costs to	2135
the health districts for the participation of their employees	2136
responsible for enforcement of the solid waste provisions of this	2137
chapter and rules adopted and orders and terms and conditions of	2138
permits, licenses, and variances issued under those provisions in	2139
the training and certification program as required by rules	2140
adopted under division (L) of section 3734.02 of the Revised Code;	2141

(9) Providing financial assistance to individual municipal	2142
corporations and townships within the district to defray their	2143
added costs of maintaining roads and other public facilities and	2144
of providing emergency and other public services resulting from	2145
the location and operation within their boundaries of a	2146
composting, energy or resource recovery, incineration, or	2147
recycling facility that either is owned by the district or is	2148
furnishing solid waste management facility or recycling services	2149
to the district pursuant to a contract or agreement with the board	2150
of county commissioners or directors of the district;	2151

(10) Payment of any expenses that are agreed to, awarded, or	2152
ordered to be paid under section 3734.35 of the Revised Code and	2153
of any administrative costs incurred pursuant to that section. In	2154
the case of a joint solid waste management district, if the board	2155
of county commissioners of one of the counties in the district is	2156
negotiating on behalf of affected communities, as defined in that	2157
section, in that county, the board shall obtain the approval of	2158
the board of directors of the district in order to expend moneys	2159
for administrative costs incurred.	2160

Prior to the approval of the district's solid waste	2161
management plan under section 3734.55 of the Revised Code, moneys	2162
in the special fund of the district arising from the fees shall be	2163
expended for those purposes in the manner prescribed by the solid	2164
waste management policy committee by resolution.	2165

Notwithstanding division (G)(6) of this section as it existed	2166
prior to October 29, 1993, or any provision in a district's solid	2167
waste management plan prepared in accordance with division	2168
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	2169
prior to that date, any moneys arising from the fees levied under	2170
division (B)(3) of this section prior to January 1, 1994, may be	2171
expended for any of the purposes authorized in divisions (G)(1) to	2172
(10) of this section.	2173

(H) The director shall adopt rules in accordance with Chapter	2174
119. of the Revised Code prescribing procedures for collecting and	2175
forwarding the fees levied under divisions (B) and (C) of this	2176
section to the boards of county commissioners or directors of	2177
county or joint solid waste management districts and to the	2178
treasurers or other officers of municipal corporations and the	2179
fiscal officers of townships. The rules also shall prescribe the	2180
dates for forwarding the fees to the boards and officials and may	2181
prescribe any other requirements the director considers necessary	2182
or appropriate to implement and administer divisions (A), (B), and	2183
(C) of this section.	2184

Sec. 3745.04. (A) As used in this section, "any person" means	2185
any individual, any partnership, corporation, association, or	2186
other legal entity, or any political subdivision, instrumentality,	2187
or agency of a state, whether or not the individual or legal	2188
entity is an applicant for or holder of a license, permit, or	2189
variance from the environmental protection agency, and includes	2190
any department, agency, or instrumentality of the federal	2191
government that is an applicant for or holder of a license,	2192
permit, or variance from the environmental protection agency.	2193

As used in this section, "action" or "act" includes the	2194
adoption, modification, or repeal of a rule or standard, the	2195
issuance, modification, or revocation of any lawful order other	2196
than an emergency order, and the issuance, denial, modification,	2197
or revocation of a license, permit, lease, variance, or	2198
certificate, or the approval or disapproval of plans and	2199
specifications pursuant to law or rules adopted thereunder.	2200

(B) Any person who was a party to a proceeding before the	2201
director of environmental protection may participate in an appeal	2202
to the environmental review appeals commission for an order	2203
vacating or modifying the action of the director or a local board	2204
of health, or ordering the director or board of health to perform	2205
an act. The environmental review appeals commission has exclusive	2206
original jurisdiction over any matter that may, under this	2207
section, be brought before it.	2208

The person so appealing to the commission shall be known as	2209
appellant, and the director and any party to a proceeding	2210
substantially supporting the finding from which the appeal is	2211
taken shall be known as appellee, except that when an appeal	2212
involves a license to operate a disposal site or facility, the	2213
local board of health or the director of environmental protection,	2214
and any party to a proceeding substantially supporting the finding	2215
from which the appeal is taken, shall, as appropriate, be known as	2216
the appellee. Appellant and appellee shall be deemed to be parties	2217
to the appeal.	2218

The(C) The director may appeal an action of a local board of	2219
health conducted under Chapter 3714. or 3734. of the Revised Code	2220
to the environmental review appeals commission for an order	2221
vacating or modifying the action of the board or may appeal to the	2222
commission for an order requiring the local board of health to	2223
perform an act.	2224

(D) An appeal shall be in writing and shall set forth the	2225
action complained of and the grounds upon which the appeal is	2226
based.	2227

The appeal shall be filed with the commission within thirty	2228
days after notice of the action. Notice of the filing of the	2229
appeal shall be filed with the appellee within three days after	2230
the appeal is filed with the commission.	2231

The appeal shall be accompanied by a filing fee of seventy	2232
dollars, which the commission, in its discretion, may reduce if by	2233
affidavit the appellant demonstrates that payment of the full	2234
amount of the fee would cause extreme hardship.	2235

Within seven days after receipt of the notice of an appeal	2236
filed under division (B) of this section, the director or local	2237
board of health, as applicable, shall prepare and certify to the	2238
commission a record of the proceedings out of which the appeal	2239
arises, including all documents and correspondence, and a	2240
transcript of all testimony.	2241

Upon the filing of thean appeal, the commission shall fix	2242
the time and place at which the hearing on the appeal will be	2243
held. The commission shall give the appellant and the appellee at	2244
least ten days' written notice thereof by certified mail. The	2245
commission shall hold the hearing within thirty days after the	2246
notice of appeal is filed. The commission may postpone or continue	2247
any hearing upon its own motion or upon application of the	2248
appellant or of the appellee.	2249

The filing of an appeal does not automatically suspend or	2250
stay execution of the action appealed from. Upon application by	2251
the appellant, the commission may suspend or stay the execution	2252
pending immediate determination of the appeal without interruption	2253
by continuances, other than for unavoidable circumstances.	2254

(E) As used in this section and sections 3745.05 and 3745.06	2255
of the Revised Code, "director of environmental protection" and	2256
"director" are deemed to include the director of agriculture and	2257
"environmental protection agency" is deemed to include the	2258
department of agriculture with respect to actions that are	2259
appealable to the commission under Chapter 903. of the Revised	2260
Code.	2261

Sec. 3745.05.  In hearing the appeal, if an adjudication	2262
hearing was conducted by the director of environmental protection	2263
in accordance with sections 119.09 and 119.10 of the Revised Code	2264
or conducted by a board of health, the environmental review	2265
appeals commission is confined to the record as certified to it by	2266
the director or the board of health, as applicable. The commission	2267
may grant a request for the admission of additional evidence when	2268
satisfied that such additional evidence is newly discovered and	2269
could not with reasonable diligence have been ascertained prior to	2270
the hearing before the director or the board, as applicable. If no	2271
adjudication hearing was conducted in accordance with sections	2272
119.09 and 119.10 of the Revised Code or conducted by a board of	2273
health, the commission shall conduct a hearing de novo on the	2274
appeal.	2275

For the purpose of conducting a de novo hearing, or where the	2276
commission has granted a request for the admission of additional	2277
evidence, the commission may require the attendance of witnesses	2278
and the production of written or printed materials.	2279

When conducting a de novo hearing, or when a request for the	2280
admission of additional evidence has been granted, the commission	2281
may, and at the request of any party it shall, issue subpoenas for	2282
witnesses or for books, papers, correspondence, memoranda,	2283
agreements, or other documents or records relevant or material to	2284
the inquiry directed to the sheriff of the counties where the	2285
witnesses or documents or records are found, which subpoenas shall	2286
be served and returned in the same manner as those allowed by the	2287
court of common pleas in criminal cases.	2288

The fees and mileage of sheriffs and witnesses shall be the	2289
same as those allowed by the court of common pleas in criminal	2290
cases. The fee and mileage expenses incurred at the request of the	2291
appellant shall be paid in advance by the appellant, and the	2292
remainder of the expenses shall be paid out of funds appropriated	2293
for the expenses of the commission.	2294

In case of disobedience or neglect of any subpoena served on	2295
any person, or the refusal of any witness to testify to any matter	2296
regarding which the witness may be lawfully interrogated, the	2297
court of common pleas of the county in which the disobedience,	2298
neglect, or refusal occurs, or any judge thereof, on application	2299
of the boardcommission or any member thereof, may compel	2300
obedience by attachment proceedings for contempt as in the case of	2301
disobedience of the requirements of a subpoena issued from the	2302
court or a refusal to testify therein.	2303

A witness at any hearing shall testify under oath or	2304
affirmation, which any member of the commission may administer. A	2305
witness, if the witness requests, shall be permitted to be	2306
accompanied, represented, and advised by an attorney, whose	2307
participation in the hearing shall be limited to the protection of	2308
the rights of the witness, and who may not examine or	2309
cross-examine witnesses. A witness shall be advised of the right	2310
to counsel before the witness is interrogated.	2311

A stenographic record of the testimony and other evidence	2312
submitted shall be taken by an official court shorthand reporter.	2313
The record shall include all of the testimony and other evidence	2314
and the rulings on the admissibility thereof presented at the	2315
hearing. The commission shall pass upon the admissibility of	2316
evidence, but any party may at the time object to the admission of	2317
any evidence and except to the rulings of the commission thereon,	2318
and if the commission refuses to admit evidence the party offering	2319
same may make a proffer thereof, and such proffer shall be made a	2320
part of the record of such hearing.	2321

Any party may request the stenographic record of the hearing.	2322
Promptly after receiving such a request, the commission shall	2323
prepare and provide the stenographic record of the hearing to the	2324
party who requested it. The commission may charge a fee to the	2325
party who requested the stenographic record that does not exceed	2326
the cost to the commission for preparing and transcribing it.	2327

If, upon completion of the hearing, the commission finds that	2328
the action appealed from was lawful and reasonable, it shall make	2329
a written order affirming the action, or if the commission finds	2330
that the action was unreasonable or unlawful, it shall make a	2331
written order vacating or modifying the action appealed from.	2332
Every order made by the commission shall contain a written finding	2333
by the commission of the facts upon which the order is based.	2334
Notice of the making of the order shall be given forthwith to each	2335
party to the appeal by mailing a certified copy thereof to each	2336
party by certified mail, with a statement of the time and method	2337
by which an appeal may be perfected.	2338

The order of the commission is final unless vacated or	2339
modified upon judicial review.	2340

Sec. 3745.06.  Any party adversely affected by an order of	2341
the environmental review appeals commission may appeal to the	2342
court of appeals of Franklin county, or, if the appeal arises from	2343
an alleged violation of a law or regulation, to the court of	2344
appeals of the district in which the violation was alleged to have	2345
occurred. Any party desiring to so appeal shall file with the	2346
commission a notice of appeal designating the order appealed. A	2347
copy of suchthe notice also shall be filed by the appellant with	2348
the court, and a copy shall be sent by certified mail to the	2349
director of environmental protection unless the director is the	2350
party appealing the order. Such notices shall be filed and mailed	2351
within thirty days after the date upon which the appellant	2352
received notice from the commission by certified mail of the	2353
making of the order appealed. No appeal bond shall be required to	2354
make an appeal effective.	2355

The filing of a notice of appeal shall not automatically	2356
operate as a suspension of the order of the commission. If it	2357
appears to the court that an unjust hardship to the appellant will	2358
result from the execution of the commission's order pending	2359
determination of the appeal, the court may grant a suspension of	2360
the order and fix its terms.	2361

Within twenty days after receipt of the notice of appeal, the	2362
commission shall prepare and file in the court the complete record	2363
of proceedings out of which the appeal arises, including any	2364
transcript of the testimony and any other evidence whichthat has	2365
been submitted before the commission. The expense of preparing and	2366
transcribing the record shall be taxed as a part of the costs of	2367
the appeal. The appellant, other than the state or a political	2368
subdivision, or an agency of either, or any officer of them acting	2369
in a representative capacity, shall provide security for costs	2370
satisfactory to the court. Upon demand by a party, the commission	2371
shall furnish at the cost of the party requesting the record a	2372
copy of suchthe record. If the complete record is not filed	2373
within the time provided for in this section, any party may apply	2374
to the court to have the case docketed, and the court shall order	2375
suchthe record filed.	2376

In hearing the appeal, the court is confined to the record as	2377
certified to it by the commission. The court may grant a request	2378
for the admission of additional evidence when satisfied that such	2379
additional evidence is newly discovered and could not with	2380
reasonable diligence have been ascertained prior to the hearing	2381
before the commission.	2382

The court shall conduct a hearing on the appeal and shall	2383
give preference to all proceedings under this section over all	2384
other civil cases, irrespective of the position of the proceedings	2385
on the calendar of the court. The hearing in the court of appeals	2386
shall proceed as in the case of a civil action, and the court	2387
shall determine the rights of the parties in accordance with the	2388
laws applicable to such action. At the hearing, counsel may be	2389
heard on oral argument, briefs may be submitted, and evidence	2390
introduced if the court has granted a request for the presentation	2391
of additional evidence.	2392

The court shall affirm the order complained of in the appeal	2393
if it finds, upon consideration of the entire record and such	2394
additional evidence as the court has admitted, that the order is	2395
supported by reliable, probative, and substantial evidence and is	2396
in accordance with law. In the absence of such a finding, it shall	2397
reverse, vacate, or modify the order or make such other ruling as	2398
is supported by reliable, probative, and substantial evidence and	2399
is in accordance with law. When the court finds an ambient air	2400
quality standard, an emission standard, or a water quality or	2401
discharge standard to be deficient, it shall order the director of	2402
environmental protection to modify the standard to comply with the	2403
laws governing air or water pollution. The court shall retain	2404
jurisdiction until it approves the modified standard. The judgment	2405
of the court shall be final and conclusive unless reversed,	2406
vacated, or modified on appeal. Such appeals may be taken by any	2407
party to the appeal pursuant to the Rules of Practice of the	2408
Supreme Court and, to the extent not in conflict with those rules,	2409
Chapter 2505. of the Revised Code.	2410

Section 2. That existing sections 3714.01, 3714.02, 3714.03,	2411
3714.04, 3714.05, 3714.06, 3714.07, 3714.071, 3714.073, 3714.09,	2412
3714.11, 3714.12, 3714.13, 3734.281, 3734.57, 3745.04, 3745.05,	2413
and 3745.06 of the Revised Code are hereby repealed.	2414

Section 3. (A) Notwithstanding the amendments to Chapter	2415
3714. of the Revised Code by this act, an application for a	2416
license to establish or modify a construction and demolition	2417
debris facility submitted to a board of health or the Director of	2418
Environmental Protection, as applicable, prior to July 1, 2005,	2419
shall be reviewed and the license shall be issued or denied in	2420
accordance with the provisions of that chapter as they existed on	2421
July 1, 2005, if all of the following apply to the applicant for	2422
the license:	2423

(1) The applicant has acquired an interest in the property on	2424
which the facility will be located on or before May 1, 2005.	2425

(2) The applicant has begun a hydrogeologic investigation	2426
pursuant to section 3745-400-09 of the Ohio Administrative Code	2427
prior to submitting the application.	2428

(3) The applicant has begun the engineering plans for the	2429
facility prior to submitting the application.	2430

(4) The application submitted by the applicant would have	2431
been determined to be complete if a moratorium had not been in	2432
effect.	2433

The director shall determine whether this division applies to	2434
an applicant within forty-five days after receiving an applicant's	2435
request for a determination under this division.	2436

(B) Notwithstanding the amendments to Chapter 3714. of the	2437
Revised Code by this act and except as otherwise provided in this	2438
division, an application for a license to establish or modify a	2439
construction and demolition debris facility submitted to a board	2440
of health or the Director, as applicable, on or after July 1,	2441
2005, but prior to or on December 31, 2005, shall be reviewed and	2442
the license shall be issued or denied in accordance with the	2443
provisions of that chapter as they existed on July 1, 2005.	2444
However, unless division (G)(2) of section 3714.03 of the Revised	2445
Code, as amended by this act, applies to the facility, a board of	2446
health or the Director, as applicable, may apply any of the siting	2447
criteria established in section 3714.03 of the Revised Code by	2448
this act to such an application and may deny the application if	2449
the facility that is the subject of the application will not	2450
comply with that siting criterion.	2451

(C) Notwithstanding the amendments to Chapter 3714. of the	2452
Revised Code by this act and except as otherwise provided in this	2453
division, beginning January 1, 2006, and until the effective date	2454
of the rules adopted under division (A) of section 3714.02 of the	2455
Revised Code, as amended by this act, a person may submit an	2456
application to a board of health or the Director, as applicable,	2457
for a license to establish or modify a construction and demolition	2458
debris facility, and such an application shall be reviewed and the	2459
license shall be issued or denied in accordance with the	2460
provisions of that chapter as they existed on July 1, 2005.	2461
However, unless division (G)(2) of section 3714.03 of the Revised	2462
Code, amended by this act, applies to the facility, a board of	2463
health or the Director, as applicable, shall apply all of the	2464
siting criteria established in section 3714.03 of the Revised Code	2465
by this act to such an application and shall deny the application	2466
if the facility that is the subject of the application will not	2467
comply with any of those siting criteria. In addition, the	2468
applicant for the license shall submit the information that is	2469
required from applicants for permits to install under section	2470
3714.052 of the Revised Code, as enacted by this act. An	2471
application for a license may be denied if the information	2472
regarding the applicant indicates any of the reasons specified in	2473
division (B) of that section for the denial of an application for	2474
a permit to install.	2475

Section 4.  Section 3734.57 of the Revised Code is presented	2476
in this act as a composite of the section as amended by both Am.	2477
Sub. H.B. 66 and Sub. S.B. 107 of the 126th General Assembly. The	2478
General Assembly, applying the principle stated in division (B) of	2479
section 1.52 of the Revised Code that amendments are to be	2480
harmonized if reasonably capable of simultaneous operation, finds	2481
that the composite is the resulting version of the section in	2482
effect prior to the effective date of the section as presented in	2483
this act.	2484

Section 5. This act is hereby declared to be an emergency	2485
measure necessary for the immediate preservation of the public	2486
peace, health, and safety. The reason for such necessity is that a	2487
moratorium on the siting of new construction and demolition debris	2488
facilities and the expansion of existing facilities is due to	2489
expire on December 31, 2005, and additional statutory requirements	2490
related to such facilities are necessary to protect public health	2491
and the environment. Therefore, this act shall go into immediate	2492
effect.	2493