H. B. No. 169 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 169

Representative Wagner

Cosponsors: Representatives Evans, McGregor, J., Latta, Stebelton, Chandler, Yuko, Collier, Fessler

A BILL

To amend section 3734.13 and to enact sections 1
3734.91, 3734.911, 3734.912, 3734.913, 3734.914, 2
and 3734.915 of the Revised Code to establish 3
requirements governing the disposal and collection 4
of used lead-acid batteries. 5

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

       Section 1. That section 3734.13 be amended and sections 6
3734.91, 3734.911, 3734.912, 3734.913, 3734.914, and 3734.915 of 7
the Revised Code be enacted to read as follows: 8

       Sec. 3734.13. (A) The director of environmental protection 9
may issue, modify, suspend, or revoke enforcement orders in 10
accordance with Chapter 3745. of the Revised Code to a holder of a 11
registration certificate, permit, or license issued by the 12
director or a board of health under this chapter, or to another 13
person, directing the holder or person to abate a violation, or to 14
prevent any threatened violation, of any section of this chapter 15
other than sections 3734.90 to 3734.9013 of the Revised Code, a 16
rule adopted thereunder, or a term or condition of a permit, 17
license, or variance issued thereunder within a specified, 18
reasonable time. 19

       (B) Notwithstanding division (C) of section 3734.85 of the 20
Revised Code, if the director determines that an emergency exists 21
requiring immediate action to protect the public health or safety 22
or the environment, the director may issue an order, without 23
notice or hearing, reciting the existence of the emergency and 24
requiring that such action be taken as necessary to meet the 25
emergency. The order shall take effect immediately. Any person to 26
whom the order is directed shall comply immediately, but on 27
application to the director shall be afforded a hearing as soon as 28
possible and not later than thirty days after application. On the 29
basis of the hearing, the director shall continue the order in 30
effect, revoke it, or modify it. No emergency order shall remain 31
in effect for more than one hundred twenty days after its 32
issuance. 33

       (C) If the director determines that any person is violating 34
or has violated this chapter, a rule adopted thereunder, or a term 35
or condition of a permit, license, variance, or order issued 36
thereunder, the director may request in writing that the attorney 37
general bring a civil action for appropriate relief, including a 38
temporary restraining order, preliminary or permanent injunction, 39
and civil penalties in any court of competent jurisdiction. Such 40
an action shall have precedence over all other cases. Except as 41
otherwise provided in this division with regard to a violation of 42
the provisions of this chapter governing scrap tires, a rule 43
adopted under those provisions, a term or condition of a permit or 44
license issued under them, or a term or condition of an order 45
issued pertaining to scrap tires, the court may impose upon the 46
person a civil penalty of not more than ten thousand dollars for 47
each day of each violation of this chapter other than a violation 48
of section 3734.60 of the Revised Code, ~~a violation of~~ sections 49
3734.90 to 3734.9013 of the Revised Code or a rule adopted under 50
those sections, or division (B) of section 3724.912 of the Revised 51
Code; a rule adopted ~~thereunder~~under this chapter other than a 52
rule adopted under division (B) of section 3734.122 of the Revised 53
Code~~, or~~; a term or condition of a permit, license, variance, or 54
order issued ~~thereunder,~~under this chapter; or a violation of 55
sections 3734.62 to 3734.65 of the Revised Code. The court may 56
impose upon a person who violates a rule adopted under division 57
(B) of section 3734.122 of the Revised Code a civil penalty of not 58
more than twenty-five thousand dollars for each day of each 59
violation of the rule. The court may impose upon a person who 60
violates section 3734.60 of the Revised Code a civil penalty of 61
not more than two hundred fifty dollars for each day of violation 62
of that section. The court may impose upon a person who violates 63
any of the provisions of this chapter governing scrap tires, a 64
rule adopted under those provisions, a term or condition of a 65
permit or license issued under them, or a term or condition of an 66
order issued pertaining to scrap tires a civil penalty of not more 67
than five thousand dollars for each day of each violation, except 68
that if the violation is of a provision, rule, or term or 69
condition that relates to the open burning or open dumping of 70
scrap tires, or if the violation is of an emergency order of the 71
director issued under division (B) of section 3734.13 of the 72
Revised Code that pertains to scrap tires, the court may impose a 73
civil penalty of not more than ten thousand dollars for each day 74
of each violation. The court may impose upon a person who violates 75
section 3734.62 of the Revised Code a civil penalty of not more 76
than one hundred dollars for each violation of that section. The 77
court may impose upon a person who violates section 3734.63, 78
3734.64, or 3734.65 of the Revised Code a civil penalty of not 79
more than five thousand dollars for each day of each violation of 80
the applicable section, but the total amount of a civil penalty 81
imposed upon a person for a violation of the applicable section 82
shall not exceed twenty-five thousand dollars. The court may 83
impose upon a person who violates division (B) of section 3734.912 84
of the Revised Code a civil penalty of twenty-five dollars for 85
each day of violation. 86

       Any action under this section is a civil action, governed by 87
the Rules of Civil Procedure. 88

       (D) No person shall violate any term or condition of any 89
order issued under this section. 90

       (E) Except as otherwise provided in this division, moneys 91
resulting from civil penalties imposed under division (C) of this 92
section shall be paid into the hazardous waste clean-up fund 93
created in section 3734.28 of the Revised Code. Moneys resulting 94
from civil penalties imposed under division (C) of this section 95
for violations of any of the provisions of this chapter governing 96
scrap tires, rules adopted under those provisions, terms or 97
conditions of permits or licenses issued under them, or terms or 98
conditions of orders issued pertaining to scrap tires shall be 99
credited to the scrap tire management fund created in section 100
3734.82 of the Revised Code. 101

       Sec. 3734.91. As used in sections 3734.91 to 3734.915 of the 102
Revised Code: 103

       (A) "Consumer product" means any device that primarily is 104
intended for personal or household use and typically is sold, 105
distributed, or available to the general population through retail 106
or mail-order distribution. "Consumer product" includes, but is 107
not limited to, computers, electronic games, telephones, radios, 108
and similar electronics. "Consumer product" does not include 109
vehicles, motorcycles, wheelchairs, boats, or other forms of 110
motive power. 111

       (B) "Lead-acid battery" means a battery that contains lead 112
and sulfuric acid, is used as a power source, and is not intended 113
as a power source for consumer products. 114

       (C) "Retailer" means a person that sells lead-acid batteries 115
directly to the end user. 116

       (D) "Secondary lead smelter" means a facility that produces 117
lead from a lead-bearing scrap material by smelting the material 118
to the metallic form and that is permitted or licensed by a state 119
or the United States environmental protection agency. 120

       (E) "Wholesaler" means a person that sells replacement 121
lead-acid batteries for resale. 122

       Sec. 3734.911. (A) Notwithstanding division (D) of section 123
3734.02 of the Revised Code and any rule adopted under this 124
chapter to the contrary, no person shall commingle a used 125
lead-acid battery with solid waste or dispose of a used lead-acid 126
battery at a solid waste or hazardous waste facility. 127

       (B) Notwithstanding division (D) of section 3734.02 of the 128
Revised Code and any rule adopted under this chapter to the 129
contrary, and except as provided in division (C) of this section, 130
a person shall dispose of a used lead-acid battery by delivering 131
it to one of the following: 132

       (1) A retailer; 133

       (2) A wholesaler; 134

       (3) A secondary lead smelter; 135

       (4) An automotive repair business; 136

       (5) A household hazardous waste collection location or event; 137

       (6) A lead-acid battery collection or recycling entity that 138
operates in compliance with rules adopted under section 3734.12 of 139
the Revised Code. 140

       (C) A retailer shall dispose of a used lead-acid battery by 141
delivering it to one of the following: 142

       (1) A wholesaler; 143

       (2) A secondary lead smelter; 144

       (3) A battery manufacturer for delivery to a secondary lead 145
smelter; 146

       (4) A lead-acid battery collection or recycling entity that 147
operates in compliance with rules adopted under section 3734.12 of 148
the Revised Code. 149

       (D) Each lead-acid battery that is improperly disposed of 150
constitutes a separate violation of this section. 151

       Sec. 3734.912. A retailer that sells lead-acid batteries in 152
this state shall do both of the following: 153

       (A) Accept from a purchaser of a lead-acid battery, at the 154
time of purchase, used lead-acid batteries of the same general 155
type and in a quantity that is at least equal to the number sold 156
to the purchaser if the purchaser offers the used lead-acid 157
batteries to the retailer; 158

       (B) Post the sign that is prescribed by the director of 159
environmental protection under section 3734.914 of the Revised 160
Code at a location that is visible to customers and in close 161
proximity to the location where lead-acid batteries are displayed 162
for sale at the retailer's location. 163

       Sec. 3734.913. A wholesaler that sells lead-acid batteries in 164
this state shall accept from a purchaser of a lead-acid battery 165
used lead-acid batteries of the same general type and in a 166
quantity that is at least equal to the number sold to the 167
purchaser if the purchaser offers the used lead-acid batteries to 168
the wholesaler. Not later than ninety days after the day of 169
purchase of a lead-acid battery by such a retailer from a 170
wholesaler, the wholesaler shall remove the applicable number of 171
lead-acid batteries from the retailer's location. 172

       Sec. 3734.914. The director of environmental protection shall 173
prescribe a sign for purposes of section 3734.912 of the Revised 174
Code to all retailers in this state. The sign shall be at least 175
eight and one-half inches by eleven inches in size, use lettering 176
that is at least thirty point font in size, display the universal 177
recycling symbol, and contain all of the following language: 178

       (A) "It is illegal to discard a used lead-acid battery." 179

       (B) "Recycle your used batteries." 180

       (C) "State law requires us to accept used lead-acid batteries 181
for recycling in exchange for new batteries purchased." 182

       Sec. 3734.915. Lead-acid battery cases sold in this state 183
shall not be required to display a society for plastics industry 184
symbol or code, a society for automotive engineers symbol or code, 185
or another resin identification code. 186

       Section 2. That existing section 3734.13 of the Revised Code 187
is hereby repealed. 188

Section 1. That section 3734.13 be amended and sections	6
3734.91, 3734.911, 3734.912, 3734.913, 3734.914, and 3734.915 of	7
the Revised Code be enacted to read as follows:	8

Sec. 3734.13. (A) The director of environmental protection	9
may issue, modify, suspend, or revoke enforcement orders in	10
accordance with Chapter 3745. of the Revised Code to a holder of a	11
registration certificate, permit, or license issued by the	12
director or a board of health under this chapter, or to another	13
person, directing the holder or person to abate a violation, or to	14
prevent any threatened violation, of any section of this chapter	15
other than sections 3734.90 to 3734.9013 of the Revised Code, a	16
rule adopted thereunder, or a term or condition of a permit,	17
license, or variance issued thereunder within a specified,	18
reasonable time.	19

(B) Notwithstanding division (C) of section 3734.85 of the	20
Revised Code, if the director determines that an emergency exists	21
requiring immediate action to protect the public health or safety	22
or the environment, the director may issue an order, without	23
notice or hearing, reciting the existence of the emergency and	24
requiring that such action be taken as necessary to meet the	25
emergency. The order shall take effect immediately. Any person to	26
whom the order is directed shall comply immediately, but on	27
application to the director shall be afforded a hearing as soon as	28
possible and not later than thirty days after application. On the	29
basis of the hearing, the director shall continue the order in	30
effect, revoke it, or modify it. No emergency order shall remain	31
in effect for more than one hundred twenty days after its	32
issuance.	33

(C) If the director determines that any person is violating	34
or has violated this chapter, a rule adopted thereunder, or a term	35
or condition of a permit, license, variance, or order issued	36
thereunder, the director may request in writing that the attorney	37
general bring a civil action for appropriate relief, including a	38
temporary restraining order, preliminary or permanent injunction,	39
and civil penalties in any court of competent jurisdiction. Such	40
an action shall have precedence over all other cases. Except as	41
otherwise provided in this division with regard to a violation of	42
the provisions of this chapter governing scrap tires, a rule	43
adopted under those provisions, a term or condition of a permit or	44
license issued under them, or a term or condition of an order	45
issued pertaining to scrap tires, the court may impose upon the	46
person a civil penalty of not more than ten thousand dollars for	47
each day of each violation of this chapter other than a violation	48
of section 3734.60 of the Revised Code, ~~a violation of~~ sections	49
3734.90 to 3734.9013 of the Revised Code or a rule adopted under	50
those sections, or division (B) of section 3724.912 of the Revised	51
Code; a rule adopted ~~thereunder~~under this chapter other than a	52
rule adopted under division (B) of section 3734.122 of the Revised	53
Code~~, or~~; a term or condition of a permit, license, variance, or	54
order issued ~~thereunder,~~under this chapter; or a violation of	55
sections 3734.62 to 3734.65 of the Revised Code. The court may	56
impose upon a person who violates a rule adopted under division	57
(B) of section 3734.122 of the Revised Code a civil penalty of not	58
more than twenty-five thousand dollars for each day of each	59
violation of the rule. The court may impose upon a person who	60
violates section 3734.60 of the Revised Code a civil penalty of	61
not more than two hundred fifty dollars for each day of violation	62
of that section. The court may impose upon a person who violates	63
any of the provisions of this chapter governing scrap tires, a	64
rule adopted under those provisions, a term or condition of a	65
permit or license issued under them, or a term or condition of an	66
order issued pertaining to scrap tires a civil penalty of not more	67
than five thousand dollars for each day of each violation, except	68
that if the violation is of a provision, rule, or term or	69
condition that relates to the open burning or open dumping of	70
scrap tires, or if the violation is of an emergency order of the	71
director issued under division (B) of section 3734.13 of the	72
Revised Code that pertains to scrap tires, the court may impose a	73
civil penalty of not more than ten thousand dollars for each day	74
of each violation. The court may impose upon a person who violates	75
section 3734.62 of the Revised Code a civil penalty of not more	76
than one hundred dollars for each violation of that section. The	77
court may impose upon a person who violates section 3734.63,	78
3734.64, or 3734.65 of the Revised Code a civil penalty of not	79
more than five thousand dollars for each day of each violation of	80
the applicable section, but the total amount of a civil penalty	81
imposed upon a person for a violation of the applicable section	82
shall not exceed twenty-five thousand dollars. The court may	83
impose upon a person who violates division (B) of section 3734.912	84
of the Revised Code a civil penalty of twenty-five dollars for	85
each day of violation.	86

Any action under this section is a civil action, governed by	87
the Rules of Civil Procedure.	88

(D) No person shall violate any term or condition of any	89
order issued under this section.	90

(E) Except as otherwise provided in this division, moneys	91
resulting from civil penalties imposed under division (C) of this	92
section shall be paid into the hazardous waste clean-up fund	93
created in section 3734.28 of the Revised Code. Moneys resulting	94
from civil penalties imposed under division (C) of this section	95
for violations of any of the provisions of this chapter governing	96
scrap tires, rules adopted under those provisions, terms or	97
conditions of permits or licenses issued under them, or terms or	98
conditions of orders issued pertaining to scrap tires shall be	99
credited to the scrap tire management fund created in section	100
3734.82 of the Revised Code.	101

Sec. 3734.91. As used in sections 3734.91 to 3734.915 of the	102
Revised Code:	103

(A) "Consumer product" means any device that primarily is	104
intended for personal or household use and typically is sold,	105
distributed, or available to the general population through retail	106
or mail-order distribution. "Consumer product" includes, but is	107
not limited to, computers, electronic games, telephones, radios,	108
and similar electronics. "Consumer product" does not include	109
vehicles, motorcycles, wheelchairs, boats, or other forms of	110
motive power.	111

(B) "Lead-acid battery" means a battery that contains lead	112
and sulfuric acid, is used as a power source, and is not intended	113
as a power source for consumer products.	114

(C) "Retailer" means a person that sells lead-acid batteries	115
directly to the end user.	116

(D) "Secondary lead smelter" means a facility that produces	117
lead from a lead-bearing scrap material by smelting the material	118
to the metallic form and that is permitted or licensed by a state	119
or the United States environmental protection agency.	120

(E) "Wholesaler" means a person that sells replacement	121
lead-acid batteries for resale.	122

Sec. 3734.911. (A) Notwithstanding division (D) of section	123
3734.02 of the Revised Code and any rule adopted under this	124
chapter to the contrary, no person shall commingle a used	125
lead-acid battery with solid waste or dispose of a used lead-acid	126
battery at a solid waste or hazardous waste facility.	127

(B) Notwithstanding division (D) of section 3734.02 of the	128
Revised Code and any rule adopted under this chapter to the	129
contrary, and except as provided in division (C) of this section,	130
a person shall dispose of a used lead-acid battery by delivering	131
it to one of the following:	132

(6) A lead-acid battery collection or recycling entity that	138
operates in compliance with rules adopted under section 3734.12 of	139
the Revised Code.	140

(C) A retailer shall dispose of a used lead-acid battery by	141
delivering it to one of the following:	142

(3) A battery manufacturer for delivery to a secondary lead	145
smelter;	146

(4) A lead-acid battery collection or recycling entity that	147
operates in compliance with rules adopted under section 3734.12 of	148
the Revised Code.	149

(D) Each lead-acid battery that is improperly disposed of	150
constitutes a separate violation of this section.	151

Sec. 3734.912. A retailer that sells lead-acid batteries in	152
this state shall do both of the following:	153

(A) Accept from a purchaser of a lead-acid battery, at the	154
time of purchase, used lead-acid batteries of the same general	155
type and in a quantity that is at least equal to the number sold	156
to the purchaser if the purchaser offers the used lead-acid	157
batteries to the retailer;	158

(B) Post the sign that is prescribed by the director of	159
environmental protection under section 3734.914 of the Revised	160
Code at a location that is visible to customers and in close	161
proximity to the location where lead-acid batteries are displayed	162
for sale at the retailer's location.	163

Sec. 3734.913. A wholesaler that sells lead-acid batteries in	164
this state shall accept from a purchaser of a lead-acid battery	165
used lead-acid batteries of the same general type and in a	166
quantity that is at least equal to the number sold to the	167
purchaser if the purchaser offers the used lead-acid batteries to	168
the wholesaler. Not later than ninety days after the day of	169
purchase of a lead-acid battery by such a retailer from a	170
wholesaler, the wholesaler shall remove the applicable number of	171
lead-acid batteries from the retailer's location.	172

Sec. 3734.914. The director of environmental protection shall	173
prescribe a sign for purposes of section 3734.912 of the Revised	174
Code to all retailers in this state. The sign shall be at least	175
eight and one-half inches by eleven inches in size, use lettering	176
that is at least thirty point font in size, display the universal	177
recycling symbol, and contain all of the following language:	178

(C) "State law requires us to accept used lead-acid batteries	181
for recycling in exchange for new batteries purchased."	182

Sec. 3734.915. Lead-acid battery cases sold in this state	183
shall not be required to display a society for plastics industry	184
symbol or code, a society for automotive engineers symbol or code,	185
or another resin identification code.	186

Section 2. That existing section 3734.13 of the Revised Code	187
is hereby repealed.	188