|
|
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 |
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, | 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 | 53 |
chapter other than a rule adopted under division (B) of section | 54 |
3734.122 of the Revised
Code | 55 |
permit, license,
variance, or order issued
| 56 |
chapter | 57 |
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; | 135 |
(2) A wholesaler; | 136 |
(3) A secondary lead smelter; | 137 |
(4) An automotive repair business; | 138 |
(5) A household hazardous waste collection location or event; | 139 |
(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; | 145 |
(2) A secondary lead smelter; | 146 |
(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." | 184 |
(2) "Recycle your used batteries." | 185 |
(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 |