As Reported by the Senate Environment and Natural Resources Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 169

Representative Wagner 

Cosponsors: Representatives Evans, McGregor, J., Latta, Stebelton, Chandler, Yuko, Collier, Fessler, Wolpert, Lundy, Hagan, R., Mallory, Otterman, Heard, Williams, B., Schindel, DeBose, Celeste, Zehringer, Budish, Domenick, Dyer, Flowers, Foley, Harwood, Hughes, Koziura, Letson, Miller, Stewart, D., Stewart, J., Wagoner 

Senators Niehaus, Schaffer, Miller, D., Morano 

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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.

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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 ofsections	49
3734.62 to 3734.65 of the Revised Code, sections 3734.90 to	50
3734.9013 of the Revised Code or a rule adopted under those	51
sections, or division (B) of section 3734.912 or section 3734.914	52
of the Revised Code; of a rule adopted thereunderunder this	53
chapter other than a rule adopted under division (B) of section	54
3734.122 of the Revised Code, or; or of a term or condition of a	55
permit, license, variance, or order issued thereunder,under this	56
chapteror a violation ofsections 3734.62 to 3734.65 of the	57
Revised Code. The court may impose upon a person who violates a	58
rule adopted under division (B) of section 3734.122 of the	59
Revised Code a civil penalty of not more than twenty-five	60
thousand dollars for each day of each violation of the rule. The	61
court may impose upon a person who violates section 3734.60 of	62
the Revised Code a civil penalty of not more than two hundred	63
fifty dollars for each day of violation of that section. The	64
court may impose upon a person who violates any of the provisions	65
of this chapter governing scrap tires, a rule adopted under those	66
provisions, a term or condition of a permit or license issued	67
under them, or a term or condition of an order issued pertaining	68
to scrap tires a civil penalty of not more than five thousand	69
dollars for each day of each violation, except that if the	70
violation is of a provision, rule, or term or condition that	71
relates to the open burning or open dumping of scrap tires, or if	72
the violation is of an emergency order of the director issued	73
under division (B) of section 3734.13 of the Revised Code that	74
pertains to scrap tires, the court may impose a civil penalty of	75
not more than ten thousand dollars for each day of each	76
violation. The court may impose upon a person who violates	77
section 3734.62 of the Revised Code a civil penalty of not more	78
than one hundred dollars for each violation of that section. The	79
court may impose upon a person who violates section 3734.63,	80
3734.64, or 3734.65 of the Revised Code a civil penalty of not	81
more than five thousand dollars for each day of each violation of	82
the applicable section, but the total amount of a civil penalty	83
imposed upon a person for a violation of the applicable section	84
shall not exceed twenty-five thousand dollars. The court may	85
impose upon a person who violates division (B) of section	86
3734.912 or section 3734.914 of the Revised Code a civil penalty	87
of not more than twenty-five dollars for each day of violation.	88

Any action under this section is a civil action, governed by	89
the Rules of Civil Procedure.	90

(D) No person shall violate any term or condition of any	91
order issued under this section.	92

(E) Except as otherwise provided in this division, moneys	93
resulting from civil penalties imposed under division (C) of this	94
section shall be paid into the hazardous waste clean-up fund	95
created in section 3734.28 of the Revised Code. Moneys resulting	96
from civil penalties imposed under division (C) of this section	97
for violations of any of the provisions of this chapter governing	98
scrap tires, rules adopted under those provisions, terms or	99
conditions of permits or licenses issued under them, or terms or	100
conditions of orders issued pertaining to scrap tires shall be	101
credited to the scrap tire management fund created in section	102
3734.82 of the Revised Code.	103

Sec. 3734.91. As used in sections 3734.91 to 3734.915 of the	104
Revised Code:	105

(A) "Consumer product" means any device that primarily is	106
intended for personal or household use and typically is sold,	107
distributed, or available to the general population through retail	108
or mail-order distribution. "Consumer product" includes, but is	109
not limited to, computers, electronic games, telephones, radios,	110
and similar electronics. "Consumer product" does not include	111
vehicles, motorcycles, wheelchairs, boats, or other forms of	112
motive power.	113

(B) "Lead-acid battery" means a battery that contains lead	114
and sulfuric acid, is used as a power source, and is not intended	115
as a power source for consumer products.	116

(C) "Retailer" means a person that sells lead-acid batteries	117
directly to the end user.	118

(D) "Secondary lead smelter" means a facility that produces	119
lead from a lead-bearing scrap material by smelting the material	120
to the metallic form and that is permitted or licensed by a state	121
or the United States environmental protection agency.	122

(E) "Wholesaler" means a person that sells replacement	123
lead-acid batteries for resale.	124

Sec. 3734.911. (A) Notwithstanding division (D) of section	125
3734.02 of the Revised Code and any rule adopted under this	126
chapter to the contrary, no person shall commingle a used	127
lead-acid battery with solid waste or dispose of a used lead-acid	128
battery at a solid waste or hazardous waste facility.	129

(B) Notwithstanding division (D) of section 3734.02 of the	130
Revised Code and any rule adopted under this chapter to the	131
contrary, and except as provided in division (C) of this section,	132
a person shall discard a used lead-acid battery by delivering it	133
to one of the following:	134

(1) A retailer;

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(2) A wholesaler;

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(3) A secondary lead smelter;

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(4) An automotive repair business;

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

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(6) A lead-acid battery collection or recycling entity or	140
other entity that operates in compliance with rules adopted under	141
section 3734.12 of the Revised Code.	142

(C) A retailer shall discard a used lead-acid battery by	143
delivering it to one of the following:	144

(1) A wholesaler;

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(2) A secondary lead smelter;

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(3) A battery manufacturer for delivery to a secondary lead	147
smelter;	148

(4) A lead-acid battery collection or recycling entity or	149
other entity that operates in compliance with rules adopted under	150
section 3734.12 of the Revised Code.	151

(D) Each lead-acid battery that is improperly disposed of or	152
discarded constitutes a separate violation of this section.	153

Sec. 3734.912. (A) A retailer that sells lead-acid batteries	154
in this state shall accept from a purchaser of a lead-acid	155
battery, at the time of purchase, used lead-acid batteries of the	156
same general type and in a quantity that is at least equal to the	157
number sold to the purchaser if the purchaser offers the used	158
lead-acid batteries to the retailer.	159

(B) A retailer that displays for sale and sells lead-acid	160
batteries in this state shall post the sign that is prescribed by	161
section 3734.914 of the Revised Code at a location that is	162
visible to customers and in close proximity to the location where	163
lead-acid batteries are displayed for sale at the retailer's	164
location.	165

(C) Division (B) of this section does not apply to a motor	166
vehicle dealer that is licensed under Chapter 4517. of the Revised	167
Code.	168

Sec. 3734.913. A wholesaler that sells lead-acid batteries in	169
this state shall accept from a purchaser of a lead-acid battery	170
used lead-acid batteries of the same general type and in a	171
quantity that is at least equal to the number sold to the	172
purchaser if the purchaser offers the used lead-acid batteries to	173
the wholesaler. Not later than ninety days after the day of	174
purchase of a lead-acid battery by such a retailer from a	175
wholesaler, the wholesaler shall remove the applicable number of	176
lead-acid batteries from the retailer's location.	177

Sec. 3734.914. (A) A retailer that displays for sale and	178
sells lead-acid batteries in the state shall post a sign that	179
shall be at least eight and one-half inches by eleven inches in	180
size, use lettering that is at least thirty point font in size,	181
display the universal recycling symbol, and contain all of the	182
following language:	183

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

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(2) "Recycle your used batteries."

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(3) "State law requires us to accept used lead-acid batteries	186
for recycling in exchange for new batteries purchased."	187

(B) This section does not apply to a motor vehicle dealer	188
that is licensed under Chapter 4517. of the Revised Code.	189

Sec. 3734.915. Lead-acid battery cases sold in this state	190
shall not be required to display a society for plastics industry	191
symbol or code, a society for automotive engineers symbol or code,	192
or another resin identification code.	193

Section 2.  That existing section 3734.13 of the Revised Code	194
is hereby repealed.	195