The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
***
An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
***
|
(122nd General Assembly)(Amended Senate Bill Number 117)
AN ACT
To amend sections 2925.01, 3734.02, 3734.021, 3734.05, 4767.05,
5101.521,
5120.45, 5121.11, 5901.24, 5901.25, 5901.26, 5901.27,
5901.29, 5901.30,
5901.32, and 5903.12; to amend, for the purpose of
adopting a new section
number
as indicated in parentheses, section
4717.20 (4717.16); to enact new sections
4717.01 to 4717.15, 4717.20, and 4717.99 and
sections 4717.21 to
4717.30; and to
repeal sections 4717.01, 4717.02, 4717.03,
4717.04, 4717.05,
4717.06, 4717.061, 4717.062, 4717.07, 4717.071, 4717.08,
4717.081, 4717.082, 4717.083, 4717.09, 4717.10,
4717.11, 4717.12,
4717.13, 4717.14, 4717.15, 4717.16, 4717.17,
4717.18, 4717.19,
and 4717.99 of the Revised Code to make changes in the Embalmers
and Funeral Directors Law and to regulate
crematories. Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2925.01, 3734.02, 3734.021, 3734.05, 4767.05,
5101.521,
5120.45, 5121.11, 5901.24, 5901.25, 5901.26, 5901.27, 5901.29, 5901.30,
5901.32, and 5903.12 be amended, section 4717.20 (4717.16) be amended for the
purpose of adopting a new section number as indicated in parentheses, and new
sections 4717.01, 4717.02, 4717.03, 4717.04, 4717.05, 4717.06, 4717.07,
4717.08, 4717.09, 4717.10, 4717.11, 4717.12, 4717.13, 4717.14, 4717.15,
4717.20, and
4717.99 and sections 4717.21, 4717.22, 4717.23, 4717.24, 4717.25,
4717.26, 4717.27, 4717.28, 4717.29, and 4717.30 of the Revised Code be enacted
to read as follows:
Sec. 2925.01. As used in this chapter: (A) "Administer," "controlled substance," "dispense,"
"distribute," "federal drug abuse control laws," "hypodermic,"
"manufacturer," "official written order," "person,"
"pharmacist," "pharmacy," "practitioner," "prescription," "sale,"
"schedule I," "schedule II," "schedule III," "schedule IV,"
"schedule V," and "wholesaler" have the same meanings as in
section 3719.01 of the Revised Code. (B) "Drug dependent person" and "drug of abuse" have the
same meanings as in section 3719.011 of the Revised Code. (C) "Drug," "dangerous drug," and "Federal Food, Drug, and
Cosmetic Act" have the same meanings as in section 4729.02 of the
Revised Code. (D) "Bulk amount" of a controlled substance means any of
the following: (1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section, whichever of the following is applicable: (a) An amount equal to or exceeding ten grams or
twenty-five unit doses of a compound, mixture, preparation, or
substance that is or contains any amount of a schedule I opiate
or opium derivative; (b) An amount equal to or exceeding ten grams
of a
compound, mixture, preparation, or substance that is or contains
any amount of raw or gum opium; (c) An amount equal to or exceeding thirty
grams or ten
unit doses of a compound, mixture, preparation, or substance that
is or contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I stimulant or
depressant; (d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture, preparation, or substance that is or contains any amount
of a schedule II opiate or opium derivative; (e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or contains any amount of phencyclidine; (f) An amount equal to or exceeding one hundred twenty
grams or thirty times the maximum daily dose in the usual dose
range specified in a standard pharmaceutical reference manual of
a compound, mixture, preparation, or substance that is or
contains any amount of a schedule II stimulant that is in a final
dosage form manufactured by a person authorized by the Federal
Food, Drug, and Cosmetic Act and the federal drug abuse control
laws, that is or contains any amount of a schedule II depressant
substance or a schedule II hallucinogenic substance; (g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws. (2) An amount equal to or exceeding one
hundred twenty
grams or thirty times the maximum daily dose in the usual dose
range specified
in a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount of a
schedule
III or IV substance other than an anabolic
steroid or a schedule III opiate or opium derivative; (3) An amount equal to or exceeding twenty grams or five times the maximum
daily dose in the usual dose range specified in a standard pharmaceutical
reference manual of a compound, mixture, specification
preparation, or substance that is
or contains any amount of a schedule III opiate or opium derivative; (4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance; (5) An amount equal to or exceeding two
hundred solid
dosage units, sixteen grams, or sixteen milliliters of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule III anabolic steroid. (E) "Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and is in a form indicating that
indicates that it is the amount or unit by which
the controlled
substance is separately administered to or taken by an
individual. (F) "Cultivate" includes planting, watering, fertilizing,
or tilling. (G) "Drug abuse offense" means any of the following: (1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,
2925.22, 2925.23, 2925.31,
2925.32, 2925.36, or 2925.37 of the Revised Code; (2) A violation of an existing or former law of this or
any other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section; (3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element; (4) A conspiracy to commit, attempt to commit, or complicity in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section. (H) "Felony drug abuse offense" means any drug abuse
offense that would constitute a felony under the laws of this
state, any other state, or the United States. (I) "Harmful intoxicant" does not include beer or
intoxicating liquor but means any compound, mixture,
preparation, or substance the gas, fumes, or vapor of which when
inhaled can induce intoxication, excitement, giddiness,
irrational behavior, depression, stupefaction, paralysis,
unconsciousness, asphyxiation, or other harmful physiological
effects, and includes, but is not limited to, any of the
following: (1) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent; (2) Any aerosol propellant; (3) Any fluorocarbon refrigerant; (4) Any anesthetic gas. (J) "Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production. (K) "Possess" or "possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found. (L) "Sample drug" means a drug or pharmaceutical
preparation that would be hazardous to health or safety if used
without the supervision of a practitioner, or a drug of abuse,
and that, at one time, had been placed in a container plainly
marked as a sample by a manufacturer. (M) "Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works: (1) "The National Formulary"; (2) "The United States Pharmacopeia," prepared by
authority of the United States Pharmacopeial Convention, Inc.; (3) Other standard references that are approved by the
state board of pharmacy. (N) "Juvenile" means a person under eighteen years of age. (O) "Counterfeit controlled substance" means any of the
following: (1) Any drug that bears, or whose container or label
bears, a trademark, trade name, or other identifying mark used
without authorization of the owner of rights to that trademark,
trade name, or identifying mark; (2) Any unmarked or unlabeled substance that is
represented to be a controlled substance manufactured, processed,
packed, or distributed by a person other than the person that
manufactured, processed, packed, or distributed it; (3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance; (4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale. (P) An offense is "committed in the vicinity of a school" if the
offender commits the offense on school premises, in a school building, or
within one thousand feet of the boundaries of any school premises. (Q) "School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed. (R) "School premises" means either of the following: (1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed; (2) Any other parcel of real property that is owned or
leased by a board of education of a school or the governing body
of a school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed. (S) "School building" means any building in which any of
the instruction, extracurricular activities, or training provided
by a school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed. (T) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government of the Bar of Ohio. (U) "Certified grievance committee" means a duly
constituted and organized committee of the Ohio state bar
association or of one or more local bar associations of the state
of Ohio that complies with the criteria set forth in Rule V,
section 6 of the Rules for the Government of the Bar of Ohio. (V) "Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (35) of
this section and that qualifies a person as a professionally
licensed person. (W) "Professionally licensed person" means any of the
following: (1) A person who has obtained a license as a manufacturer
of controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code; (2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered as a public accountant under Chapter 4701. of the
Revised Code and who holds a live permit issued under that
chapter; (3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code; (4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a landscape architect issued under that chapter; (5) A person licensed as an auctioneer or apprentice
auctioneer or licensed to operate an auction company under
Chapter 4707. of the Revised Code; (6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code; (7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code; (8) A person who has been issued a cosmetologist's
license, manicurist's license, esthetician's license, managing
cosmetologist's license, managing manicurist's license, managing
esthetician's license, cosmetology instructor's license,
manicurist instructor's license, esthetician instructor's
license, or tanning facility permit under Chapter 4713. of the
Revised Code; (9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code; (10) A person who has been issued an embalmer's license, a
funeral director's license, or a funeral home license, or a
crematory license, or who has been registered for a an
embalmer's or funeral director's apprenticeship under Chapter 4717. of the
Revised Code; (11) A person who has been licensed as a registered nurse
or practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code; (12) A person who has been licensed to practice optometry
or to engage in optical dispensing under Chapter 4725. of the
Revised Code; (13) A person licensed to act as a pawnbroker under
Chapter 4727. of the Revised Code; (14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code; (15) A person registered as a pharmacist, a pharmacy
intern, a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code; (16) A person who is authorized to practice as a physician assistant under
Chapter 4730. of the Revised Code; (17) A person who has been issued a certificate to
practice medicine and surgery, osteopathic medicine and surgery,
a limited branch of medicine or surgery, or podiatry under
Chapter 4731. of the Revised Code; (18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code; (19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code; (20) A person who has been issued a certificate to
practice chiropractic under Chapter 4734. of the Revised Code; (21) A person licensed to act as a real estate broker,
real estate salesman salesperson, limited real estate broker, or
limited real estate salesman salesperson under Chapter 4735. of
the Revised Code; (22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code; (23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code; (24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code; (25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code; (26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code; (27) A person who has been issued a hearing aid dealer's
or fitter's license or trainee permit under Chapter 4747. of the
Revised Code; (28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code; (29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code; (30) A person licensed to practice as a speech pathologist
or audiologist under Chapter 4753. of the Revised Code; (31) A person issued a license as an occupational
therapist or physical therapist under Chapter 4755. of the
Revised Code; (32) A person who is licensed as a professional clinical counselor or
professional counselor, licensed as a social worker or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code; (33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code; (34) A person who has been issued a license or temporary
permit to practice respiratory therapy under Chapter 4761. of the
Revised Code; (35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code. (X) "Cocaine" means any of the following: (1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine; (2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or derivative of ecgonine, or a salt of an isomer or derivative
of ecgonine; (3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine. (Y) "L.S.D." means
lysergic acid diethylamide. (Z) "Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid concentrate,
liquid extract, or liquid distillate form. (AA) "Marihuana" has the same meaning as in section
3719.01 of the Revised Code,
except that it does not include hashish. (BB) An offense is "committed in the vicinity of a
juvenile" if
the offender commits the offense within one hundred feet of a juvenile or
within the view of a juvenile, regardless of whether the
offender knows the age of the juvenile, whether the offender knows the offense
is being committed within one hundred feet of or within view of the juvenile,
or whether the juvenile actually views the commission of the offense. (CC) "Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described in division
(D) of section 2929.13 of the Revised Code, that a prison term is a necessary
sanction for a felony in order to comply with the purposes and principles of
sentencing under section 2929.11 of the Revised Code. (DD) "Major drug offender" has the same meaning as in section
2929.01 of the Revised Code. (EE) "Minor drug possession offense" means either of the
following: (1) A violation of section 2925.11 of the Revised Code as
it existed prior to July 1, 1996; (2) A violation of section 2925.11 of the Revised Code as it exists on and
after July 1, 1996, this that is a misdemeanor or a felony of the fifth
degree. (FF) "Mandatory prison term" has the same meaning as
in section 2929.01 of the Revised Code. (GG) "Crack cocaine" means a compound, mixture, preparation, or
substance that is or contains any amount of cocaine that is analytically
identified as the base form of cocaine or that is in a form that resembles
rocks or pebbles generally intended for individual use. Sec. 3734.02. (A) The director of environmental
protection, in accordance with Chapter 119. of the Revised Code,
shall adopt and may amend, suspend, or rescind rules having
uniform application throughout the state governing solid waste
facilities and the inspections of and issuance of permits and
licenses for all solid waste facilities in order to ensure that
the facilities will be located, maintained, and operated, and
will undergo closure and post-closure care, in a sanitary manner
so as not to create a nuisance, cause or contribute to water
pollution, create a health hazard, or violate 40 C.F.R. 257.3-2
or 40 C.F.R. 257.3-8, as amended. The rules may include, without
limitation, financial assurance requirements for closure and
post-closure care and corrective action and requirements for
taking corrective action in the event of the surface or
subsurface discharge or migration of explosive gases or leachate
from a solid waste facility, or of ground water contamination
resulting from the transfer or disposal of solid wastes at a
facility, beyond the boundaries of any area within a facility
that is operating or is undergoing closure or post-closure care
where solid wastes were disposed of or are being disposed of.
The rules shall not concern or relate to personnel policies,
salaries, wages, fringe benefits, or other conditions of
employment of employees of persons owning or operating solid
waste facilities. The director, in accordance with Chapter 119.
of the Revised Code, shall adopt and may amend, suspend, or
rescind rules governing the issuance, modification, revocation,
suspension, or denial of variances from his the director's solid
waste rules,
including, without limitation, rules adopted under this
chapter governing the management of scrap tires. Variances shall be issued, modified, revoked, suspended, or
rescinded in accordance with this division, rules adopted under
it, and Chapter 3745. of the Revised Code. The director may
order the person to whom a variance is issued to take such action
within such time as the director may determine to be appropriate
and reasonable to prevent the creation of a nuisance or a hazard
to the public health or safety or the environment. Applications
for variances shall contain such detail plans, specifications,
and information regarding objectives, procedures, controls, and
other pertinent data as the director may require. The director
shall grant a variance only if the applicant demonstrates to the
director's satisfaction that construction and operation of the
solid waste facility in the manner allowed by the variance and
any terms or conditions imposed as part of the variance will not
create a nuisance or a hazard to the public health or safety or
the environment. In granting any variance, the director shall
state the specific provision or provisions whose terms are to be
varied and also shall state specific terms or conditions imposed
upon the applicant in place of the provision or provisions. The
director may hold a public hearing on an application for a
variance or renewal of a variance at a location in the county
where the operations that are the subject of the application for
the variance are conducted. The director shall give not less
than twenty days' notice of the hearing to the applicant by
certified mail and shall publish at least one notice of the
hearing in a newspaper with general circulation in the county
where the hearing is to be held. The director shall make
available for public inspection at the principal office of the
environmental protection agency a current list of pending
applications for variances and a current schedule of pending
variance hearings. The director shall make a complete
stenographic record of testimony and other evidence submitted at
the hearing. Within ten days after the hearing, the director
shall make a written determination to issue, renew, or deny the
variance and shall enter the determination and the basis for it
into the record of the hearing. The director shall issue, renew,
or deny an application for a variance or renewal of a variance
within six months of the date upon which the director receives a
complete application with all pertinent information and data
required. No variance shall be issued, revoked, modified, or
denied until the director has considered the relative interests
of the applicant, other persons and property affected by the
variance, and the general public. Any variance granted under
this division shall be for a period specified by the director and
may be renewed from time to time on such terms and for such
periods as the director determines to be appropriate. No
application shall be denied and no variance shall be revoked or
modified without a written order stating the findings upon which
the denial, revocation, or modification is based. A copy of the
order shall be sent to the applicant or variance holder by
certified mail. (B) The director shall prescribe and furnish the forms
necessary to administer and enforce this chapter. The director
may cooperate with and enter into agreements with other state,
local, or federal agencies to carry out the purposes of this
chapter. The director may exercise all incidental powers
necessary to carry out the purposes of this chapter. The director may use moneys in the infectious waste
management fund created in section 3734.021 of the Revised Code
exclusively for administering and enforcing the provisions of
this chapter governing the management of infectious wastes. Of
each registration and renewal fee collected under rules adopted
under division (A)(2)(a) of section 3734.021 or under section
3734.022 of the Revised Code, the director, within forty-five
days of its receipt, shall remit from the fund one-half of the
fee received to the board of health of the health district in
which the registered premises is located, or, in the instance of
an infectious wastes transporter, to the board of health of the
health district in which the transporter's principal place of
business is located. However, if the board of health having
jurisdiction over a registrant's premises or principal place of
business is not on the approved list under section 3734.08 of the
Revised Code, the director shall not make that payment to the
board of health. (C) Except as provided in this division and division
(N)(2) of this section, no person shall establish a new solid
waste facility or infectious waste treatment facility, or modify
an existing solid waste facility or infectious waste treatment
facility, without submitting an application for a permit with
accompanying detail plans, specifications, and information
regarding the facility and method of operation and receiving a
permit issued by the director, except that no permit shall be
required under this division to install or operate a solid waste
facility for sewage sludge treatment or disposal when the
treatment or disposal is authorized by a current permit issued
under Chapter 3704. or 6111. of the Revised Code. No person shall continue to operate a solid waste facility
for which the director has denied a permit for which an
application was required under division (A)(3) of section 3734.05
of the Revised Code, or for which the director has disapproved
plans and specifications required to be filed by an order issued
under division (A)(5) of that section, after the date prescribed
for commencement of closure of the facility in the order issued
under division (A)(6) of section 3734.05 of the Revised Code
denying the permit application or approval. On and after the effective date of the rules adopted under
division (A) of this section and division (D) of section 3734.12
of the Revised Code governing solid waste transfer facilities, no
person shall establish a new, or modify an existing, solid waste
transfer facility without first submitting an application for a
permit with accompanying engineering detail plans,
specifications, and information regarding the facility and its
method of operation to the director and receiving a permit issued
by the director. No person shall establish a new compost facility or
continue to operate an existing compost facility that accepts
exclusively source separated yard wastes without submitting a
completed registration for the facility to the director in
accordance with rules adopted under division (A) of this section. This division does not apply to an infectious waste
treatment facility that meets any of the following conditions: (1) Is owned or operated by the generator of the wastes
and exclusively treats, by methods, techniques, and practices
established by rules adopted under division (C)(1) or (3) of
section 3734.021 of the Revised Code, wastes that are generated
at any premises owned or operated by that generator regardless of
whether the wastes are generated on the premises where the
generator's treatment facility is located or, if the generator is
a hospital as defined in section 3727.01 of the Revised Code,
infectious wastes that are described in division (A)(1)(g), (h), or (i) of
section 3734.021 of the Revised Code; (2) Holds a license or renewal of a license to operate a crematory
facility issued under section 4717.17 Chapter
4717. and a permit issued under Chapter 3704. of the Revised Code; (3) Treats or disposes of dead animals or parts thereof,
or the blood of animals, and is subject to any of the following: (a) Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; (b) Chapter 918. of the Revised Code; (c) Chapter 953. of the Revised Code. (D) Neither this chapter nor any rules adopted under it
apply to single-family residential premises; to infectious wastes
generated by individuals for purposes of their own care or
treatment that are disposed of with solid wastes from the
individual's residence; to the temporary storage of solid wastes,
other than scrap tires, prior to their collection for disposal;
to the storage of one hundred or fewer scrap tires unless they
are stored in such a manner that, in the judgment of the director
or the board of health of the health district in which the scrap
tires are stored, the storage causes a nuisance, a hazard to
public health or safety, or a fire hazard; or to the collection
of solid wastes, other than scrap tires, by a political
subdivision or a person holding a franchise or license from a
political subdivision of the state; to composting, as defined in
section 1511.01 of the Revised Code, conducted in accordance with
section 1511.022 of the Revised Code; or to any person who is
licensed to transport raw rendering material to a compost
facility pursuant to section 953.23 of the Revised Code. (E)(1) As used in this division and section 3734.18 of the
Revised Code: (a) "On-site facility" means a facility that stores,
treats, or disposes of hazardous waste that is generated on the
premises of the facility. (b) "Off-site facility" means a facility that stores,
treats, or disposes of hazardous waste that is generated off the
premises of the facility and includes such a facility that is
also an on-site facility. (c) "Satellite facility" means any of the following: (i) An on-site facility that also receives hazardous waste
from other premises owned by the same person who generates the
waste on the facility premises; (ii) An off-site facility operated so that all of the
hazardous waste it receives is generated on one or more premises
owned by the person who owns the facility; (iii) An on-site facility that also receives hazardous
waste that is transported uninterruptedly and directly to the facility
through a pipeline from a generator who is not the owner of the
facility. (2) Except as provided in division (E)(3)
of this section, no person shall establish or operate a hazardous
waste facility, or use a solid waste facility for the storage,
treatment, or disposal of any hazardous waste, without a
hazardous waste facility installation and operation permit from
the hazardous waste facility board issued in accordance with
section 3734.05 of the Revised Code and subject to the payment of
an application fee not to exceed one thousand five hundred
dollars, payable upon application for a hazardous waste facility
installation and operation permit and upon application for a
renewal permit issued under division (H) of section 3734.05 of
the Revised Code, to be credited to the hazardous waste facility
management fund created in section 3734.18 of the Revised Code.
The term of a hazardous waste facility installation and operation
permit shall not exceed five years. In addition to the application fee, there is hereby levied
an annual permit fee to be paid by the permit holder upon the
anniversaries of the date of issuance of the hazardous waste
facility installation and operation permit and of any subsequent
renewal permits and to be credited to the hazardous waste
facility management fund. Annual permit fees totaling forty
thousand dollars or more for any one facility may be paid on a
quarterly basis with the first quarterly payment each year being
due on the anniversary of the date of issuance of the hazardous
waste facility installation and operation permit and of any
subsequent renewal permits. The annual permit fee shall be
determined for each permit holder by the director in accordance
with the following schedule:
TYPE OF BASIC | | | | |
MANAGEMENT UNIT | | TYPE OF FACILITY | |
FEE |
Storage facility using: | | | | |
Containers | | On-site, off-site, and | | |
| | satellite | | $ 500 |
Tanks | | On-site, off-site, and | | |
| | satellite | | 500 |
Waste pile | | On-site, off-site, and | | |
| | satellite | | 3,000 |
Surface impoundment | | On-site and satellite | | 8,000 |
| | Off-site | | 10,000 |
Disposal facility using: | | | | |
Deep well injection | | On-site and satellite | | 15,000 |
| | Off-site | | 25,000 |
Landfill | | On-site and satellite | | 25,000 |
| | Off-site | | 40,000 |
Land application | | On-site and satellite | | 2,500 |
| | Off-site | | 5,000 |
Surface impoundment | | On-site and satellite | | 10,000 |
| | Off-site | | 20,000 |
Treatment facility using: | | | | |
Tanks | | On-site, off-site, and | | |
| | satellite | | 700 |
Surface impoundment | | On-site and satellite | | 8,000 |
| | Off-site | | 10,000 |
Incinerator | | On-site and satellite | | 5,000 |
| | Off-site | | |
Other forms | | | | |
of treatment | | On-site, off-site, and | | |
| | satellite | | 1,000 |
In determining the annual permit fee required by this
section, the director shall not require additional payments for
multiple units of the same method of storage, treatment, or
disposal or for individual units that are used for both storage
and treatment. A facility using more than one method of storage,
treatment, or disposal shall pay the permit fee indicated by the
schedule for each such method. The director shall not require the payment of that portion
of an annual permit fee of any permit holder that would apply to
a hazardous waste management unit for which a permit has been
issued, but for which construction has not yet commenced. Once
construction has commenced, the director shall require the
payment of a part of the appropriate fee indicated by the
schedule that bears the same relationship to the total fee that
the number of days remaining until the next anniversary date at
which payment of the annual permit fee is due bears to three
hundred sixty-five. The director, by rules adopted in accordance with Chapters
119. and 3745. of the Revised Code, shall prescribe procedures
for collecting the annual permit fee established by this division
and may prescribe other requirements necessary to carry out this
division. (3) The prohibition against establishing or operating a hazardous
waste
facility without a hazardous waste facility installation and operation permit
from the
board does not apply to either of the following: (a) A facility that is operating in accordance with a permit
renewal issued under division (H) of section
3734.05 of the Revised
Code, a revision issued under division
(I) of that section as it existed prior to the
effective date of Sub. H.B. No. 435 of
the 121st general assembly AUGUST 20, 1996, or a
modification issued by the
director under division (I) of that section on and after that effective
date AUGUST 20, 1996; (b) Except as provided in division (J) of section
3734.05 of the Revised Code, a facility that will operate or is operating in
accordance
with a permit by rule, or that is not subject to permit requirements, under
rules adopted by the director. In accordance with
Chapter 119. of the
Revised Code,
the director shall adopt, and subsequently may amend, suspend, or rescind,
rules for the purposes of division
(E)(3)(b) of this section.
Any rules so adopted shall be consistent with and equivalent to regulations
pertaining to interim status adopted under the "Resource
Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42
U.S.C.A. 6921, as amended, except as
otherwise provided in this chapter. If a modification is requested or proposed for a facility described in
division (E)(3)(a) or (b) of this section,
division (I)(8) of section 3734.05 of the Revised
Code applies. (F) No person shall store, treat, or dispose of hazardous
waste identified or listed under this chapter and rules adopted
under it, regardless of whether generated on or off the premises
where the waste is stored, treated, or disposed of, or transport
or cause to be transported any hazardous waste identified or
listed under this chapter and rules adopted under it to any other
premises, except at or to any of the following: (1) A hazardous waste facility operating under a permit
issued in accordance with this chapter; (2) A facility in another state operating under a license
or permit issued in accordance with the "Resource Conservation
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended; (3) A facility in another nation operating in accordance
with the laws of that nation; (4) A facility holding a permit issued pursuant to Title I
of the "Marine Protection, Research, and Sanctuaries Act of
1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended; (5) A hazardous waste facility as described in division
(E)(3)(a) or (b) of this section. (G) The director, by order, may exempt any person
generating, collecting, storing, treating, disposing of, or
transporting solid wastes or hazardous waste, or processing solid
wastes that consist of scrap tires, in such quantities or under
such circumstances that, in the determination of the director,
are unlikely to adversely affect the public health or safety or
the environment from any requirement to obtain a registration
certificate, permit, or license or comply with the manifest
system or other requirements of this chapter. Such an exemption
shall be consistent with and equivalent to any regulations
adopted by the administrator of the United States environmental
protection agency under the "Resource Conservation and Recovery
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except
as otherwise provided in this chapter. (H) No person shall engage in filling, grading,
excavating, building, drilling, or mining on land where a
hazardous waste facility, or a solid waste facility, was operated
without prior authorization from the director, who shall
establish the procedure for granting such authorization by rules
adopted in accordance with Chapter 119. of the Revised Code. A public utility that has main or distribution lines above
or below the land surface located on an easement or right-of-way
across land where a solid waste facility was operated may engage
in any such activity within the easement or right-of-way without
prior authorization from the director for purposes of performing
emergency repair or emergency replacement of its lines; of the
poles, towers, foundations, or other structures supporting or
sustaining any such lines; or of the appurtenances to those
structures, necessary to restore or maintain existing public
utility service. A public utility may enter upon any such
easement or right-of-way without prior authorization from the
director for purposes of performing necessary or routine
maintenance of those portions of its existing lines; of the
existing poles, towers, foundations, or other structures
sustaining or supporting its lines; or of the appurtenances to
any such supporting or sustaining structure, located on or above
the land surface on any such easement or right-of-way. Within
twenty-four hours after commencing any such emergency repair or,
replacement, or maintenance, work, the public utility shall
notify the director or the director's authorized
representative of those
activities and shall provide such information regarding those
activities as the director or the director's representative
may request. Upon completion of the emergency repair or,
replacement, or
maintenance, activities, the public utility shall restore any
land of the solid waste facility disturbed by those activities to
the condition existing prior to the commencement of those
activities. (I) No owner or operator of a hazardous waste facility, in
the operation of the facility, shall cause, permit, or allow the
emission therefrom of any particulate matter, dust, fumes, gas,
mist, smoke, vapor, or odorous substance that, in the opinion of
the director, unreasonably interferes with the comfortable
enjoyment of life or property by persons living or working in the
vicinity of the facility, or that is injurious to public health.
Any such action is hereby declared to be a public nuisance. (J) Notwithstanding any other provision of this chapter,
in the event the director finds an imminent and substantial
danger to public health or safety or the environment that creates
an emergency situation requiring the immediate treatment,
storage, or disposal of hazardous waste, the director may issue a
temporary emergency permit to allow the treatment, storage, or
disposal of the hazardous waste at a facility that is not
otherwise authorized by a hazardous waste facility installation
and operation permit to treat, store, or dispose of the waste.
The emergency permit shall not exceed ninety days in duration and
shall not be renewed. The director shall adopt, and may amend,
suspend, or rescind, rules in accordance with Chapter 119. of the
Revised Code governing the issuance, modification, revocation,
and denial of emergency permits. (K) No owner or operator of a sanitary landfill shall
knowingly accept for disposal, or dispose of, any infectious
wastes, other than those subject to division (A)(1)(c) of section
3734.021 of the Revised Code, that have not been treated to
render them noninfectious. For the purposes of this division,
certification by the owner or operator of the treatment facility
where the wastes were treated on the shipping paper required by
rules adopted under division (D)(2) of that section creates a
rebuttable presumption that the wastes have been so treated. (L) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt, and may amend, suspend, or rescind,
rules having uniform application throughout the state
establishing a training and certification program that shall be
required for employees of boards of health who are responsible
for enforcing the solid waste and infectious waste provisions of
this chapter and rules adopted under them and for persons who are
responsible for the operation of solid waste facilities or
infectious waste treatment facilities. The rules shall provide
all of the following, without limitation: (1) The program shall be administered by the director and
shall consist of a course on new solid waste and infectious waste
technologies, enforcement procedures, and rules; (2) The course shall be offered on an annual basis; (3) Those persons who are required to take the course
under division (L) of this section shall do so triennially; (4) Persons who successfully complete the course shall be
certified by the director; (5) Certification shall be required for all employees of
boards of health who are responsible for enforcing the solid
waste or infectious waste provisions of this chapter and rules
adopted under them and for all persons who are responsible for
the operation of solid waste facilities or infectious waste
treatment facilities; (6)(a) All employees of a board of health who, on the
effective date of the rules adopted under this division, are
responsible for enforcing the solid waste or infectious waste
provisions of this chapter and the rules adopted under them shall
complete the course and be certified by the director not later
than January 1, 1995; (b) All employees of a board of health who, after the
effective date of the rules adopted under division (L)
of this section, become responsible for enforcing the solid waste or
infectious waste
provisions of this chapter and rules adopted under them and who
do not hold a current and valid certification from the director
at that time shall complete the course and be certified by the
director within two years after becoming responsible for
performing those activities. No person shall fail to obtain the certification required
under this division. (M) The director shall not issue a permit under section
3734.05 of the Revised Code to establish a solid waste facility,
or to modify a solid waste facility operating on December 21,
1988, in a manner that expands the disposal capacity or
geographic area covered by the facility, that is or is to be
located within the boundaries of a state park established or
dedicated under Chapter 1541. of the Revised Code, a state park
purchase area established under section 1541.02 of the Revised
Code, any unit of the national park system, or any property that
lies within the boundaries of a national park or recreation area,
but that has not been acquired or is not administered by the
secretary of the United States department of the interior,
located in this state, or any candidate area located in this
state and identified for potential inclusion in the national park
system in the edition of the "national park system plan"
submitted under paragraph (b) of section 8 of "The Act of August
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at
the time of filing of the application for the permit, unless the
facility or proposed facility is or is to be used exclusively for
the disposal of solid wastes generated within the park or
recreation area and the director determines that the facility or
proposed facility will not degrade any of the natural or cultural
resources of the park or recreation area. The director shall not
issue a variance under division (A) of this section and rules
adopted under it, or issue an exemption order under division (G)
of this section, that would authorize any such establishment or
expansion of a solid waste facility within the boundaries of any
such park or recreation area, state park purchase area, or
candidate area, other than a solid waste facility exclusively for
the disposal of solid wastes generated within the park or
recreation area when the director determines that the facility
will not degrade any of the natural or cultural resources of the
park or recreation area. (N)(1) The rules adopted under division (A) of this
section, other than those governing variances, do not apply to
scrap tire collection, storage, monocell, monofill, and recovery
facilities. Those facilities are subject to and governed by
rules adopted under sections 3734.70 to 3734.73 of the Revised
Code, as applicable. (2) Division (C) of this section does not apply to scrap
tire collection, storage, monocell, monofill, and recovery
facilities. The establishment and modification of those
facilities are subject to sections 3734.75 to 3734.78 and section
3734.81 of the Revised Code, as applicable. Sec. 3734.021. Infectious wastes shall be segregated,
packaged, treated, transported, and disposed of in accordance
with rules adopted under this section. The director of environmental protection, in accordance
with Chapter 119. of the Revised Code, shall adopt, and may amend
and rescind, rules necessary or appropriate to protect human
health or safety or the environment: (A) Establishing standards for generators of infectious
wastes that include, without limitation, the following
requirements and authorizations that: (1) All generators of infectious wastes: (a) Place all infectious wastes identified in division
(R)(7) of section 3734.01 of the Revised Code, and all unused,
discarded hypodermic needles, syringes, and scalpel blades, in
rigid, tightly closed, puncture-resistant containers on the
premises where they are generated before they are transported off
that premises. Containers containing such wastes shall be
labeled "sharps" and, if the wastes have not been treated to
render them noninfectious, shall be conspicuously labeled with
the international biohazard symbol. (b) Either treat all specimen cultures and cultures of
viable infectious agents on the premises where they are generated
to render them noninfectious by methods, techniques, or practices
prescribed by rules adopted under division (C)(1) of this section
before they are transported off that premises for disposal or
ensure that such wastes are treated to render them noninfectious
at an infectious waste treatment facility off that premises that
is owned or operated by the generator, an infectious waste
treatment facility that holds a license issued under division (B)
of section 3734.05 of the Revised Code, an infectious waste
treatment facility that is located in another state that is in
compliance with applicable state and federal laws, or a treatment
facility that is authorized by rules adopted under division
(C)(6) of this section, prior to disposal of the wastes. (c) Except as otherwise provided in division (A)(1)(c) of
this section, wastes generated by a generator who produces fewer
than fifty pounds of infectious wastes during any one month that
are subject to and packaged and labeled in accordance with rules
adopted under division (A)(1)(a) of this section shall be
transported and disposed of in the same manner as solid wastes.
Such generators who treat specimen cultures and cultures of
viable infectious agents on the premises where they are generated
shall not be considered treatment facilities as "treatment" and
"facility" are defined in section 3734.01 of the Revised Code. (d) Wastes subject to and treated in accordance with rules
adopted under division (A)(1)(b) of this section shall be
transported and disposed of in the same manner as solid wastes. (e) For the purposes of this section and rules adopted
under it, no wastes consisting of dead animals or parts thereof
shall be considered when determining the quantity of infectious
wastes produced by any generator if the dead animals or parts
meet either of the following: (i) Were not intentionally exposed to infectious agents
during research, production of biologicals, or testing of
pharmaceuticals; (ii) Either were produced by a veterinarian holding a
license issued under Chapter 4741. of the Revised Code or were
treated or disposed of by a person holding a license issued under
Chapter 953. of the Revised Code. (f) For the purposes of this section and rules adopted
under it, no blood, blood products, other body fluids, or
embalming fluids that are discharged on the site of their
generation into a disposal system, as defined in section 6111.01
of the Revised Code, by a facility that holds a license or renewal of a
license issued
under section 4717.17 Chapter 4717. of the
Revised Code shall be considered
when determining the quantity of infectious wastes produced by
that generator. (g) Wastes generated by a generator who produces fewer than fifty pounds of
infectious wastes during any one month that are subject to and packaged in
accordance with rules adopted under division (A)(1)(a) of this section may be
transported to a treatment facility owned or operated by a hospital with which
the generator has staff privileges, as "hospital" is defined in section
3727.01
of the Revised Code. Such a generator who so transports infectious wastes,
other than untreated specimen cultures and cultures and stocks of viable
infectious agents, that are generated on the generator's premises is not a
transporter for the purposes of this section or section 3734.022 of the Revised
Code. (h) Wastes generated in providing care to a patient by an emergency medical
services organization, as defined in section 4765.01 of the Revised Code, may
be taken to and left at a hospital, as defined in section 3727.01 of the
Revised Code, for treatment at a treatment facility owned or operated by the
hospital or, in conjunction with infectious wastes generated by the hospital,
at another treatment facility regardless of whether the wastes were generated
in providing care to the patient at the scene of an emergency or during the
transportation of the patient
to a hospital. An emergency medical services organization that
transports infectious wastes that are so generated to a hospital
for that purpose is not a transporter for the purposes of this
section or section 3734.022 of the Revised Code. (i) Wastes generated by an individual for purposes of his the
individual's own
care or treatment may be taken to and left at a hospital, as
defined in section 3727.01 of the Revised Code, for treatment at
a treatment facility owned or operated by the hospital or, in
conjunction with infectious wastes generated by the hospital, at
another treatment facility. An individual or member of an
individual's household who transports wastes so generated by the
individual to a hospital for that purpose is not a transporter
for the purposes of this section or section 3734.022 of the
Revised Code. (2) Each generator of fifty pounds or more of infectious
wastes during any one month: (a) Register with the environmental protection agency as a
generator of infectious wastes and obtain a registration
certificate. The fee for issuance of a generator registration
certificate is three hundred dollars payable at the time of
application. The registration certificate applies to all the
premises owned or operated by the generator in this state where
infectious wastes are generated and shall list the address of
each such premises. If a generator owns or operates facilities
for the treatment of infectious wastes it generates, the
certificate shall list the address and method of treatment used
at each such facility. A generator registration certificate is valid for three
years from the date of issuance and shall be renewed for a term
of three years upon the generator's submission of an application
for renewal and payment of a three hundred dollar renewal fee. The rules may establish a system of staggered renewal dates
with approximately one-third of such certificates subject to
renewal each year. The applicable renewal date shall be
prescribed on each registration certificate. Registration fees
shall be prorated according to the time remaining in the
registration cycle to the nearest year. The registration and renewal fees shall be credited to the
infectious wastes management fund, hereby created in the state
treasury. (b) Segregate infectious wastes from other wastes at the
point of generation. Nothing in this section and rules adopted
under it prohibits a generator of infectious wastes from
designating and managing wastes, in addition to those defined as
infectious wastes under section 3734.01 of the Revised Code, as
infectious wastes when, in the judgment of the generator, those
other wastes should be managed as infectious wastes because they
are, or are likely to be, contaminated with infectious agents.
After designating any such other wastes as infectious, the
generator shall manage those wastes in compliance with the
requirements of this chapter and rules adopted under it
applicable to the management of infectious wastes. (c) For purposes of containment, place infectious wastes,
other than those subject to rules adopted under division
(A)(1)(a) of this section, in plastic bags that are impervious to
moisture and are sufficiently strong to preclude ripping,
tearing, or bursting under normal conditions of handling and
ensure that the filled bags are securely tied to prevent leakage
or expulsion of the wastes from them during storage, handling, or
transport. The generator shall ensure that, prior to
transportation off the premises where generated, infectious
wastes that have not been treated to render them noninfectious,
other than those subject to division (A)(1)(a) of this section,
are contained in bags that either are red in color or
conspicuously labeled with the international biohazard symbol. (d) Either treat the infectious wastes that it generates
at a facility owned or operated by the generator by methods,
techniques, or practices prescribed by rules adopted under
division (C)(1) of this section to render them noninfectious, or
designate the wastes for treatment off that premises at an
infectious waste treatment facility holding a license issued
under division (B) of section 3734.05 of the Revised Code, at an
infectious waste treatment facility that is located in another
state that is in compliance with applicable state and federal
laws, or at a treatment facility authorized by rules adopted
under division (C)(6) of this section, prior to disposal of the
wastes. After being treated to render them noninfectious, the
wastes shall be disposed of at a solid waste disposal facility
holding a license issued under division (A) of section 3734.05 of
the Revised Code or at a disposal facility in another state that
is in compliance with applicable state and federal laws. (e) Not grind any infectious wastes identified in division
(R)(7) of section 3734.01 of the Revised Code, not compact any
such wastes until after the wastes have been treated in
accordance with rules adopted under divisions (C)(1) and (3) of
this section, and not compact or grind any other type of
infectious wastes until after the wastes have been treated in
accordance with rules adopted under division (C)(1) of this
section; (f) May discharge untreated liquid or semiliquid
infectious wastes consisting of blood, blood products, body
fluids, and excreta into a disposal system, as defined in section
6111.01 of the Revised Code, unless the discharge of those wastes
into a disposal system is inconsistent with the terms and
conditions of the permit for the system issued under Chapter
6111. of the Revised Code; (g) Employ only transporters who are registered under
section 3734.022 of the Revised Code to transport off the
premises where they were generated infectious wastes that have
not been treated to render them noninfectious; (h) Cause all infectious wastes that have not been treated
to render them noninfectious, and those subject to rules adopted
under division (A)(1)(a) of this section that have not also been
treated in accordance with rules adopted under division (C)(3) of
this section, to be transported in shipments consisting only of
untreated infectious wastes; (i) May transport or cause to be transported infectious
wastes that have been treated to render them noninfectious, and
those wastes subject to rules adopted under division (A)(1)(a) of
this section that have also been treated in accordance with rules
adopted under division (C)(3) of this section, in the same manner
as solid wastes are transported; (j) Provide information on the composition of its
infectious wastes, the treatment of the wastes to render them
noninfectious, and the generator's system for distinguishing
between waste packages that contain treated and untreated wastes
to persons with whom the generator has entered into a contract or
agreement to transport, treat, or dispose of the wastes upon
receiving a written request from those persons; (k) Ensure that all infectious wastes, whether treated or
untreated, that are transported off the premises where they are
generated are accompanied by a shipping paper that meets the
requirements of rules adopted under division (D)(1) or (2) of
this section, as appropriate. (B) Establishing standards for transporters of infectious
wastes that include, without limitation, the following
requirements that the transporters: (1) Transport only properly packaged and labeled wastes; (2) Transport wastes that have not been treated to render
them noninfectious only in a leak-resistant, fully covered
vehicle compartment; (3) Not compact infectious wastes that have not been
treated to render them noninfectious and not compact any
infectious wastes subject to rules adopted under division
(A)(1)(a) of this section that have not also been treated in
accordance with rules adopted under division (C)(3) of this
section; (4) Transport infectious wastes that have not been treated
to render them noninfectious and infectious wastes subject to
rules adopted under division (A)(1)(a) of this section, that have
not also been treated in accordance with rules adopted under
division (C)(3) of this section, in shipments consisting only of
untreated infectious wastes; (5) Transport infectious wastes that have been treated to
render them noninfectious, and, in the case of wastes subject to
rules adopted under division (A)(1)(a) of this section, have also
been treated in accordance with rules adopted under division
(C)(3) of this section, in the same manner as solid wastes; (6) Promptly disinfect surfaces of transport vehicles that
have had untreated infectious wastes leaked or spilled onto them,
in accordance with methods prescribed by the director by rule; (7) Transport infectious wastes that have not been treated
to render them noninfectious only to an infectious waste
treatment facility holding an operating license issued under
division (B) of section 3734.05 of the Revised Code, to an
infectious waste treatment facility that is located in another
state that is in compliance with applicable state and federal
laws, to a treatment facility authorized by rules adopted under
division (C)(6) of this section, or to an infectious waste
treatment facility owned or operated by the generator of the
wastes. If the generator designates a treatment facility on the
shipping paper accompanying the wastes, the transporter shall
deliver the wastes to that treatment facility. (8) Comply with the shipping paper system established by
rules adopted under division (D) of this section. (C) Establishing standards for owners and operators of
infectious waste treatment facilities that include, without
limitation, the following requirements and authorizations that: (1) Treatment of all wastes received be performed in
accordance with methods, techniques, and practices approved by
the director; (2) Govern the location, design, construction, and operation of
infectious waste treatment facilities. The rules adopted under
division (C)(2) of this section shall require that a new
infectious waste incineration facility be located so that the
incinerator unit and all areas where infectious wastes are
handled on the premises where the facility is proposed to be
located are at least three hundred feet inside the property line
of the tract of land on which the facility is proposed to be
located and are at least one thousand feet from any domicile,
school, prison, or jail that is in existence on the date on which
the application for the permit to establish the incinerator is
submitted under division (B)(2)(b) of section 3734.05 of the
Revised Code. (3) Establish methods, techniques, and practices for
treatment of wastes subject to rules adopted under division
(A)(1)(a) of this section that may be used to substantially
reduce or eliminate the potential of those wastes to cause
lacerations or puncture wounds during handling, transportation,
and disposal; (4) Establish quality control and testing procedures to
ensure compliance with the rules adopted under divisions (C)(2)
and (3) of this section; (5) Owners and operators of such facilities comply with
the shipping paper system established by rules adopted under
division (D) of this section; (6) Infectious wastes may be treated at a facility that
holds a license or renewal of a license to operate a crematory
facility
issued under section 4717.17 Chapter 4717.,
and a permit issued
under Chapter 3704., of the Revised Code to the extent that the
treatment of those wastes is consistent with that permit and its
terms and conditions. The rules adopted under divisions (C)(2)
and (4) of this section do not apply to a facility holding such a
license and permit. In adopting the rules required by divisions (C)(1) to (4)
of this section, the director shall consider and, to the maximum
feasible extent, utilize existing standards and guidelines
established by professional and governmental organizations having
expertise in the fields of infection control and infectious
wastes management. (D) Establishing a system of shipping papers to accompany
shipments of infectious wastes that are transported off the
premises where they are generated, including the following
requirements: (1) Shipping papers that accompany shipments of wastes
that have not been treated to render them noninfectious shall
include the following elements: (a) The name of the generator and address of the premises
where the wastes were generated; (b) A brief, general description of the nature of the
wastes being shipped; (c) A method by which the person causing the
transportation of a shipment of wastes may designate the
treatment or disposal facility, as appropriate, to which the
transporter shall deliver the wastes; (d) The requirement that when a shipment of wastes is
transported off the premises where generated to a treatment
facility owned or operated by the generator, the shipment need
not be accompanied by a shipping paper and that, after treatment,
the generator shall prepare a shipping paper that meets the
requirements of rules adopted under division (D)(2) of this
section to accompany the further shipment of the treated wastes
to a solid waste disposal facility. When a shipment of untreated
wastes is transported to a treatment facility not owned or
operated by the generator of the waste, the owner or operator of
the treatment facility shall prepare a separate shipping paper
that meets the requirements of rules adopted under division
(D)(2) of this section to accompany the shipment of the treated
wastes from his the owner's or operator's premises to a solid
waste disposal facility. (e) A certification by the person causing the wastes to be
transported that the wastes are packaged and labeled in
accordance with the rules adopted under this section and that the
description of the wastes is accurate. (2) Shipping papers that accompany shipments of wastes
that have been treated to render them noninfectious shall include
only the following elements: (a) The name of the owner or operator of the facility
where the wastes were treated and the address of the treatment
facility; (b) A certification by the owner or operator of the
treatment facility where the wastes were treated that the wastes
have been treated by methods, techniques, and practices
prescribed by rules adopted under division (C)(1) of this
section. If the treated wastes are to be compacted prior to
transportation and contain any wastes subject to rules adopted
under division (A)(1)(a) of this section, the shipping paper
shall include an additional certification by the owner or
operator of the treatment facility where the wastes were treated
that they also have been treated in accordance with rules adopted
under division (C)(3) of this section. (E) This section and rules adopted under it do not apply
to the treatment or disposal of wastes consisting of dead animals
or parts thereof, or the blood of animals: (1) By the owner of the animal after slaughter by the
owner on the owner's premises to obtain meat for consumption by
the owner and the members of his the owner's household; (2) In accordance with Chapter 941. of the Revised Code;
or (3) By persons who are subject to any of the following: (a) Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; (b) Chapter 918. of the Revised Code; (c) Chapter 953. of the Revised Code. (F) As used in this section, "generator" means a person
who produces infectious wastes. (G) Rules adopted under this section shall not concern or
relate to personnel policies, salaries, wages, fringe benefits,
or other conditions of employment of employees of persons owning
or operating infectious waste treatment facilities. (H) The director shall not issue any variance from the
rules adopted under this section. Sec. 3734.05. (A)(1) Except as provided in divisions
(A)(4), (8), and (9) of this section, no person shall operate
or maintain a solid waste facility without a license issued under
this division by the board of health of the health district in
which the facility is located or by the director of environmental
protection when the health district in which the facility is
located is not on the approved list under section 3734.08 of the
Revised Code. During the month of December, but before the first day of
January of the next year, every person proposing to continue to
operate an existing solid waste facility shall procure a license
under this division to operate the facility for that year from
the board of health of the health district in which the facility
is located or, if the health district is not on the approved list
under section 3734.08 of the Revised Code, from the director. The application
for such a license shall be submitted to the
board of health or to the director, as appropriate, on or before
the last day of September of the year preceding that for which
the license is sought. In addition to the application fee
prescribed in division (A)(2) of this section, a person who
submits an application after that date shall pay an additional
ten per cent of the amount of the application fee for each week
that the application is late. Late payment fees accompanying an
application submitted to the board of health shall be credited to
the special fund of the health district created in division (B)
of section 3734.06 of the Revised Code, and late payment fees
accompanying an application submitted to the director shall be
credited to the general revenue fund. A person who has received
a license, upon sale or disposition of a solid waste facility,
and upon consent of the board of health and the director, may
have the license transferred to another person. The board of
health or the director may include such terms and conditions in a
license or revision to a license as are appropriate to ensure
compliance with this chapter and rules adopted under it. The
terms and conditions may establish the authorized maximum daily
waste receipts for the facility. Limitations on maximum daily
waste receipts shall be specified in cubic yards of volume for
the purpose of regulating the design, construction, and operation
of solid waste facilities. Terms and conditions included in a
license or revision to a license by a board of health shall be
consistent with, and pertain only to the subjects addressed in,
the rules adopted under division (A) of section 3734.02 and
division (D) of section 3734.12 of the Revised Code. (2)(a) Except as provided in divisions (A)(2)(b), (8), and (9) of this
section, each person proposing to open a new
solid waste facility or to modify an existing solid waste
facility shall submit an application for a permit with
accompanying detail plans and specifications to the environmental
protection agency for required approval under the rules adopted
by the director pursuant to division (A) of section 3734.02 of
the Revised Code and applicable rules adopted under division (D)
of section 3734.12 of the Revised Code at least two hundred
seventy days before proposed operation of the facility and shall
concurrently make application for the issuance of a license under
division (A)(1) of this section with the board of health of the
health district in which the proposed facility is to be located. (b) On and after the effective date of the rules adopted
under division (A) of section 3734.02 of the Revised Code and division (D) of
section 3734.12 of the Revised Code governing
solid waste transfer facilities, each person proposing to open a
new solid waste transfer facility or to modify an existing solid
waste transfer facility shall submit an application for a permit
with accompanying engineering detail plans, specifications, and
information regarding the facility and its method of operation to
the environmental protection agency for required approval under
those rules at least two hundred seventy days before commencing
proposed operation of the facility and concurrently shall make
application for the issuance of a license under division (A)(1)
of this section with the board of health of the health district
in which the facility is located or proposed. (c) Each application for a permit under division (A)(2)(a)
or (b) of this section shall be accompanied by a nonrefundable
application fee of four hundred dollars that shall be credited to
the general revenue fund. Each application for an annual license
under division (A)(1) or (2) of this section shall be accompanied
by a nonrefundable application fee of one hundred dollars. If
the application for an annual license is submitted to a board of
health on the approved list under section 3734.08 of the Revised
Code, the application fee shall be credited to the special fund
of the health district created in division (B) of section 3734.06
of the Revised Code. If the application for an annual license is
submitted to the director, the application fee shall be credited
to the general revenue fund. If a permit or license is issued,
the amount of the application fee paid shall be deducted from the
amount of the permit fee due under division (Q) of
section
3745.11 of the Revised Code or the amount of the license fee due
under division (A)(1), (2), (3), or (4) of section 3734.06 of the
Revised Code. (d) As used in divisions (A)(2)(d), (e), and (f) of this
section, "modify" means any of the following: (i) Any increase of more than ten per cent in the total
capacity of a solid waste facility; (ii) Any expansion of the limits of solid waste placement
at a solid waste facility; (iii) Any increase in the depth of excavation at a solid
waste facility; (iv) Any change in the technique of waste receipt or type
of waste received at a solid waste facility that may endanger
human health, as determined by the director by rules adopted in
accordance with Chapter 119. of the Revised Code. Not later than thirty-five days after submitting an
application under division (A)(2)(a) or (b) of this section for a
permit to open a new or modify an existing solid waste facility,
the applicant, in conjunction with an officer or employee of the
environmental protection agency, shall hold a public meeting on
the application within the county in which the new or modified
solid waste facility is or is proposed to be located or within a
contiguous county. Not less than thirty days before holding the
public meeting on the application, the applicant shall publish
notice of the meeting in each newspaper of general circulation
that is published in the county in which the facility is or is
proposed to be located. If no newspaper of general circulation
is published in the county, the applicant shall publish the
notice in a newspaper of general circulation in the county. The
notice shall contain the date, time, and location of the public
meeting and a general description of the proposed new or modified
facility. Not later than five days after publishing the notice,
the applicant shall send by certified mail a copy of the notice
and the date the notice was published to the director and the
legislative authority of each municipal corporation, township,
and county, and to the chief executive officer of each municipal
corporation, in which the facility is or is proposed to be
located. At the public meeting, the applicant shall provide
information and describe the application and respond to comments
or questions concerning the application, and the officer or
employee of the agency shall describe the permit application
process. At the public meeting, any person may submit written or
oral comments on or objections to the application. Not more than
thirty days after the public meeting, the applicant shall provide
the director with a copy of a transcript of the full meeting,
copies of any exhibits, displays, or other materials presented by
the applicant at the meeting, and the original copy of any
written comments submitted at the meeting. (e) Except as provided in division (A)(2)(f) of this
section, prior to taking an action, other than a proposed or
final denial, upon an application submitted under division
(A)(2)(a) of this section for a permit to open a new or modify an
existing solid waste facility, the director shall hold a public
information session and a public hearing on the application
within the county in which the new or modified solid waste
facility is or is proposed to be located or within a contiguous
county. If the application is for a permit to open a new solid
waste facility, the director shall hold the hearing not less than
fourteen days after the information session. If the application
is for a permit to modify an existing solid waste facility, the
director may hold both the information session and the hearing on
the same day unless any individual affected by the application
requests in writing that the information session and the hearing
not be held on the same day, in which case the director shall
hold the hearing not less than fourteen days after the
information session. The director shall publish notice of the
public information session or public hearing not less than thirty
days before holding the information session or hearing, as
applicable. The notice shall be published in each newspaper of
general circulation that is published in the county in which the
facility is or is proposed to be located. If no newspaper of
general circulation is published in the county, the director
shall publish the notice in a newspaper of general circulation in
the county. The notice shall contain the date, time, and
location of the information session or hearing, as applicable,
and a general description of the proposed new or modified
facility. At the public information session, an officer or
employee of the environmental protection agency shall describe
the status of the permit application and be available to respond
to comments or questions concerning the application. At the
public hearing, any person may submit written or oral comments on
or objections to the approval of the application. The applicant,
or a representative of the applicant who has knowledge of the
location, construction, and operation of the facility, shall
attend the information session and public hearing to respond to
comments or questions concerning the facility directed to the
applicant or representative by
the officer or employee of the environmental protection agency
presiding at the information session and hearing. (f) The solid waste management policy committee of a
county or joint solid waste management district may adopt a
resolution requesting expeditious consideration of a specific
application submitted under division (A)(2)(a) of this section
for a permit to modify an existing solid waste facility within
the district. The resolution shall make the finding that
expedited consideration of the application without the public
information session and public hearing under division (A)(2)(e)
of this section is in the public interest and will not endanger
human health, as determined by the director by rules adopted in
accordance with Chapter 119. of the Revised Code. Upon receiving
such a resolution, the director, at
the director's discretion, may issue a
final action upon the application without holding a public
information session or public hearing pursuant to division
(A)(2)(e) of this section. (3) Except as provided in division (A)(10) of this section, and
unless the owner or operator of any solid waste
facility, other than a solid waste transfer facility or a compost
facility that accepts exclusively source separated yard wastes,
that commenced operation on or before July 1, 1968, has obtained
an exemption from the requirements of division (A)(3) of this
section in accordance with division (G) of section 3734.02 of the
Revised Code, the owner or operator shall submit to the
director an application for
a permit with accompanying engineering detail plans,
specifications, and information regarding the facility and its
method of operation for approval under rules adopted under
division (A) of section 3734.02 of the Revised Code and
applicable rules adopted under division (D) of section 3734.12 of
the Revised Code in accordance with the following schedule: (a) Not later than September 24, 1988, if the facility is
located in the city of Garfield Heights or Parma in Cuyahoga
county; (b) Not later than December 24, 1988, if the facility is
located in Delaware, Greene, Guernsey, Hamilton, Madison,
Mahoning, Ottawa, or Vinton county; (c) Not later than March 24, 1989, if the facility is
located in Champaign, Clinton, Columbiana, Huron, Paulding,
Stark, or Washington county, or is located in the city of
Brooklyn or Cuyahoga Heights in Cuyahoga county; (d) Not later than June 24, 1989, if the facility is
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,
Lucas, or Summit county or is located in Cuyahoga county outside
the cities of Garfield Heights, Parma, Brooklyn, and Cuyahoga
Heights; (e) Not later than September 24, 1989, if the facility is
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross
county; (f) Not later than December 24, 1989, if the facility is
located in a county not listed in divisions (A)(3)(a) to (e) of
this section; (g) Notwithstanding divisions (A)(3)(a) to (f) of this
section, not later than December 31, 1990, if the facility is a
solid waste facility owned by a generator of solid wastes when
the solid waste facility exclusively disposes of solid wastes
generated at one or more premises owned by the generator
regardless of whether the facility is located on a premises where
the wastes are generated and if the facility disposes of more
than one hundred thousand tons of solid wastes per year, provided
that any such facility shall be subject to division (A)(5) of
this section. (4) Except as provided in divisions (A)(8), (9), and (10) of
this section, unless
the owner or operator of any solid waste
facility for which a permit was issued after July 1, 1968, but
before January 1, 1980, has obtained an exemption from the
requirements of division (A)(4) of this section under division
(G) of section 3734.02 of the Revised Code, the owner or
operator shall submit to
the director an application for a permit with accompanying
engineering detail plans, specifications, and information
regarding the facility and its method of operation for approval
under those rules. (5) The director may issue an order in accordance with
Chapter 3745. of the Revised Code to the owner or operator of a
solid waste facility requiring the person to submit to the
director updated engineering detail plans, specifications, and
information regarding the facility and its method of operation
for approval under rules adopted under division (A) of section
3734.02 of the Revised Code and applicable rules adopted under
division (D) of section 3734.12 of the Revised Code if, in the
director's judgment, conditions at the facility constitute a
substantial threat to public health or safety or are causing or
contributing to or threatening to cause or contribute to air or
water pollution or soil contamination. Any person who receives
such an order shall submit the updated engineering detail plans,
specifications, and information to the director within one
hundred eighty days after the effective date of the order. (6) The director shall act upon an application submitted
under division (A)(3) or (4) of this section and any updated
engineering plans, specifications, and information submitted
under division (A)(5) of this section within one hundred eighty
days after receiving them. If the director denies any such
permit application, the order denying the
application or disapproving the plans shall include the requirements
that the
owner or operator submit a plan for closure and post-closure care
of the facility to the director for approval within six months
after issuance of the order, cease accepting solid wastes for
disposal or transfer at the facility, and commence closure of the
facility not later than one year after issuance of the order. If
the director determines that closure of the facility within that
one-year period would result in the unavailability of sufficient
solid waste management facility capacity within the county or
joint solid waste management district in which the facility is
located to dispose of or transfer the solid waste generated
within the district, the director in
the order of denial or disapproval
may postpone commencement of closure of the facility for such period
of time as the director finds necessary for the board of
county
commissioners or directors of the district to secure access to or
for there to be constructed within the district sufficient solid
waste management facility capacity to meet the needs of the
district, provided that the director shall certify in his the
director's order that postponing the date for commencement of closure will
not endanger ground water or any property surrounding the facility,
allow methane gas migration to occur, or cause or contribute to
any other type of environmental damage. If an emergency need for disposal capacity that may affect
public health and safety exists as a result of closure of a
facility under division (A)(6) of this section, the director may
issue an order designating another solid waste facility to accept
the wastes that would have been disposed of at the facility to be
closed. (7) If the director determines that standards more
stringent than those applicable in rules adopted under division
(A) of section 3734.02 of the Revised Code and division (D) of
section 3734.12 of the Revised Code, or standards pertaining to
subjects not specifically addressed by those rules, are necessary
to ensure that a solid waste facility constructed at the proposed
location will not cause a nuisance, cause or contribute to water
pollution, or endanger public health or safety, the director
may issue a
permit for the facility with such terms and conditions as the
director finds necessary to protect public health and safety and the
environment. If a permit is issued,
the director shall state in
the order issuing it the specific findings supporting each such
term or condition. (8) Divisions (A)(1), (2)(a), (3), and (4) of this section
do not apply to a solid waste compost facility that accepts
exclusively source separated yard wastes and that is registered
under division (C) of section 3734.02 of the Revised Code. (9) Divisions (A)(1) to (7) of this section do not apply
to scrap tire collection, storage, monocell, monofill, and
recovery facilities. The approval of plans and specifications,
as applicable, and the issuance of registration certificates,
permits, and licenses for those facilities are subject to
sections 3734.75 to 3734.78 of the Revised Code, as applicable,
and section 3734.81 of the Revised Code. (10) Divisions (A)(3) and (4) of this section do not apply to a
solid waste
incinerator that was placed into operation on or before October
12, 1994, and that is not authorized to accept and treat
infectious wastes pursuant to division (B) of
this section. (B)(1) Each person who is engaged in the business of
treating infectious wastes for profit at a treatment facility
located off the premises where the wastes are generated that is
in operation on August 10, 1988, and who proposes to continue
operating the facility shall submit to the board of health of the
health district in which the facility is located an application
for a license to operate the facility. Thereafter, no person shall operate or maintain an
infectious waste treatment facility without a license issued by
the board of health of the health district in which the facility
is located or by the director when
the health district in which the facility is located is not on
the approved list under section 3734.08 of the Revised Code. (2)(a) During the month of December, but before the first
day of January of the next year, every person proposing to
continue to operate an existing infectious waste treatment
facility shall procure a license to operate the facility for that
year from the board of health of the health district in which the
facility is located or, if the health district is not on the
approved list under section 3734.08 of the Revised Code, from the
director. The application for such a license shall be submitted
to the board of health or to the director, as appropriate, on or
before the last day of September of the year preceding that for
which the license is sought. In addition to the application fee
prescribed in division (B)(2)(c) of this section, a person who
submits an application after that date shall pay an additional
ten per cent of the amount of the application fee for each week
that the application is late. Late payment fees accompanying an
application submitted to the board of health shall be credited to
the special infectious waste fund of the health district created
in division (C) of section 3734.06 of the Revised Code, and late
payment fees accompanying an application submitted to the
director shall be credited to the general revenue fund. A person
who has received a license, upon sale or disposition of an
infectious waste treatment facility and upon consent of the board
of health and the director, may have the license transferred to
another person. The board of health or the director may include
such terms and conditions in a license or revision to a license
as are appropriate to ensure compliance with the infectious waste
provisions of this chapter and rules adopted under them. (b) Each person proposing to open a new infectious waste
treatment facility or to modify an existing infectious waste
treatment facility shall submit an application for a permit with
accompanying detail plans and specifications to the environmental
protection agency for required approval under the rules adopted
by the director pursuant to section 3734.021 of the Revised Code
two hundred seventy days before proposed operation of the
facility and concurrently shall make application for a license
with the board of health of the health district in which the
facility is or is proposed to be located. Not later than ninety
days after receiving a completed application under division
(B)(2)(b) of this section for a permit to open a new infectious
waste treatment facility or modify an existing infectious waste
treatment facility to expand its treatment capacity, or receiving
a completed application under division (A)(2)(a) of this section
for a permit to open a new solid waste incineration facility, or
modify an existing solid waste incineration facility to also
treat infectious wastes or to increase its infectious waste
treatment capacity, that pertains to a facility for which a
notation authorizing infectious waste treatment is included or
proposed to be included in the solid waste incineration
facility's license pursuant to division (B)(3) of this section,
the director shall hold a public hearing on the application
within the county in which the new or modified infectious waste
or solid waste facility is or is proposed to be located or within
a contiguous county. Not less than thirty days before holding
the public hearing on the application, the director shall publish
notice of the hearing in each newspaper that has general
circulation and that is published in the county in which the
facility is or is proposed to be located. If there is no
newspaper that has general circulation and that is published in
the county, the director shall publish the notice in a newspaper
of general circulation in the county. The notice shall contain
the date, time, and location of the public hearing and a general
description of the proposed new or modified facility. At the
public hearing, any person may submit written or oral comments on
or objections to the approval or disapproval of the application.
The applicant, or a representative of the applicant who has
knowledge of the location, construction, and operation of the
facility, shall attend the public hearing to respond to comments
or questions concerning the facility directed to the applicant
or representative by the
officer or employee of the environmental protection agency
presiding at the hearing. (c) Each application for a permit under division (B)(2)(b)
of this section shall be accompanied by a nonrefundable
application fee of four hundred dollars that shall be credited to
the general revenue fund. Each application for an annual license
under division (B)(2)(a) of this section shall be accompanied by
a nonrefundable application fee of one hundred dollars. If the
application for an annual license is submitted to a board of
health on the approved list under section 3734.08 of the Revised
Code, the application fee shall be credited to the special
infectious waste fund of the health district created in division
(C) of section 3734.06 of the Revised Code. If the application
for an annual license is submitted to the director, the
application fee shall be credited to the general revenue fund.
If a permit or
license is issued, the amount of the application
fee paid shall be deducted from the amount of the permit fee due
under division (Q) of section 3745.11 of the Revised
Code
or the amount of the license fee due under division (C) of
section 3734.06 of the Revised Code. (d) The owner or operator of any infectious waste
treatment facility that commenced operation on or before July 1,
1968, shall submit to the director an application for a permit
with accompanying engineering detail plans, specifications, and
information regarding the facility and its method of operation
for approval under rules adopted under section 3734.021 of the
Revised Code in accordance with the following schedule: (i) Not later than December 24, 1988, if the facility is
located in Delaware, Greene, Guernsey, Hamilton, Madison,
Mahoning, Ottawa, or Vinton county; (ii) Not later than March 24, 1989, if the facility is
located in Champaign, Clinton, Columbiana, Huron, Paulding,
Stark, or Washington county, or is located in the city of
Brooklyn, Cuyahoga Heights, or Parma in Cuyahoga county; (iii) Not later than June 24, 1989, if the facility is
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,
Lucas, or Summit county or is located in Cuyahoga county outside
the cities of Brooklyn, Cuyahoga Heights, and Parma; (iv) Not later than September 24, 1989, if the facility is
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross
county; (v) Not later than December 24, 1989, if the facility is
located in a county not listed in divisions (B)(2)(d)(i) to (iv)
of this section. The owner or operator of an infectious waste treatment
facility required to submit a permit application under division
(B)(2)(d) of this section is not required to pay any permit
application fee under division (B)(2)(c) of this section, or
permit fee under division (Q) of section
3745.11 of the
Revised Code, with respect thereto unless the owner or operator
also proposes to modify the facility. (e) The director may issue an order in accordance with
Chapter 3745. of the Revised Code to the owner or operator of an
infectious waste treatment facility requiring the person to
submit to the director updated engineering detail plans,
specifications, and information regarding the facility and its
method of operation for approval under rules adopted under
section 3734.021 of the Revised Code if, in the director's
judgment, conditions at the facility constitute a substantial
threat to public health or safety or are causing or contributing
to or threatening to cause or contribute to air or water
pollution or soil contamination. Any person who receives such an
order shall submit the updated engineering detail plans,
specifications, and information to the director within one
hundred eighty days after the effective date of the order. (f) The director shall act upon an application submitted
under division (B)(2)(d) of this section and any updated
engineering plans, specifications, and information submitted
under division (B)(2)(e) of this section within one hundred
eighty days after receiving them. If the director denies any
such permit application or disapproves any such updated
engineering plans, specifications, and information, the
director shall
include in the order denying the application or disapproving the
plans the requirement that the owner or operator cease accepting
infectious wastes for treatment at the facility. (3) Division (B) of this section does not apply to an
infectious waste treatment facility that meets any of the
following conditions: (a) Is owned or operated by the generator of the wastes
and exclusively treats, by methods, techniques, and practices
established by rules adopted under division (C)(1) or (3) of
section 3734.021 of the Revised Code, wastes that are generated
at any premises owned or operated by that generator regardless of
whether the wastes are generated on the same premises where the
generator's treatment facility is located or, if the generator is
a hospital as defined in section 3727.01 of the Revised Code,
infectious wastes that are described in division (A)(1)(g), (h),
or (i) of section 3734.021 of the Revised Code; (b) Holds a license or renewal of a license to operate a crematory
facility issued under section 4717.17 Chapter
4717. and a permit issued under Chapter 3704. of the Revised Code; (c) Treats or disposes of dead animals or parts thereof,
or the blood of animals, and is subject to any of the following: (i) Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; (ii) Chapter 918. of the Revised Code; (iii) Chapter 953. of the Revised Code. Nothing in division (B) of this section requires a facility
that holds a license issued under division (A) of this section as
a solid waste facility and that also treats infectious wastes by
the same method, technique, or process to obtain a license under
division (B) of this section as an infectious waste treatment
facility. However, the solid waste facility license for the
facility shall include the notation that the facility also treats
infectious wastes. On and after the effective date of the amendments to the rules
adopted under division (C)(2) of section 3734.021 of the Revised
Code that are required by Section 6 of Substitute House Bill
No. 98
of the 120th General Assembly, the director shall not issue a
permit to open a new solid waste incineration facility unless the
proposed facility complies with the requirements for the location
of new infectious waste incineration facilities established in
the required amendments to those rules. (C) Except for a facility or activity described in division
(E)(3) of section 3734.02 of the Revised Code, a
person who proposes to establish or operate a hazardous waste
facility shall submit an application
for a hazardous waste
facility installation and operation permit and accompanying
detail plans, specifications, and such information as the
director may require to the environmental protection agency,
except as provided in division (E)(2) of this section, at least
one hundred eighty days before the proposed beginning of
operation of the facility. The applicant shall notify by
certified mail the legislative authority of each municipal
corporation, township, and county in which the facility is
proposed to be located of the submission of the application
within ten days after the submission or at such earlier time as
the director may establish by rule. If the application is for a
proposed new hazardous waste disposal or thermal
treatment facility, the applicant also shall give actual notice
of the general design and purpose of the facility to the
legislative authority of each municipal corporation, township,
and county in which the facility is proposed to be located
at least ninety days before the permit application is submitted
to the environmental protection agency. (D)(1) There is hereby created the hazardous waste
facility board, composed of the director of environmental
protection who shall serve as chairperson, the director of
natural resources, and the chairperson of the Ohio
water development
authority, or their respective designees, and one chemical
engineer and one geologist who each shall be employed by a state
university as defined in section 3345.011 of the Revised Code.
The chemical engineer and geologist each shall be appointed by
the governor, with the advice and consent of the senate, for a
term of two years. The chemical engineer and geologist each
shall receive as compensation five thousand dollars per year,
plus
expenses necessarily incurred in the performance of their duties. The board shall not issue any final order without the
consent of at least three members. (2) The hazardous waste facility board shall do
both of
the following: (a) Pursuant to Chapter 119. of the Revised Code, adopt
rules governing procedure to be followed in hearings
before the
board; (b) Except as provided in section 3734.123 of the Revised
Code, approve or disapprove applications for a hazardous waste
facility installation and operation permit for new facilities and
applications for modifications to existing permits for which the board has
jurisdiction as provided in division (I)(3) of this section. (3) Except as provided in section 3734.123 of the Revised
Code, upon receipt of the completed application for a hazardous
waste facility installation and operation permit and a
preliminary determination by the staff of the environmental
protection agency that the application appears to comply with
agency rules and to meet the performance standards set forth in
divisions (D), (I), and (J) of section 3734.12 of the Revised
Code, the director shall transmit the application to
the
board, which shall do all of the
following: (a) Promptly fix a date for a public hearing on the
application, not fewer than sixty nor more than ninety days after
receipt of the completed application. At the public hearing, any
person may submit written or oral comments or objections to the
approval or disapproval of the application. A representative of
the applicant who has knowledge of the location, construction,
operation, closure, and post-closure care, if applicable, of the
facility shall attend the public hearing in order to respond to
comments or questions concerning the facility directed to the
representative by the presiding officer. (b) Give public notice of the date of the public hearing
and a summary of the application in a newspaper having general
circulation in the county in which the facility is proposed to be
located. The notice shall contain, at a minimum, the date, time,
and location of the public hearing and shall include the
location and street address of, or the nearest intersection to,
the proposed facility, a description of the proposed facility,
and the location where copies of the application, a short
statement by the applicant of the anticipated environmental
impact of the facility, and a map of the facility are available
for inspection. (c) Promptly fix a date for an adjudication hearing, not
fewer than ninety nor more than one hundred twenty days after
receipt of the completed application, at which hearing the board
shall hear and decide all disputed issues between the parties
respecting the approval or disapproval of the application. (4) The parties to any adjudication hearing before the
board upon a completed application shall be the following: (a) The applicant; (b) The staff of the environmental protection agency; (c) The board of county commissioners of the county, the
board of township trustees of the township, and the chief
executive officer of the municipal corporation in which the
facility is proposed to be located; (d) Any other person who would be aggrieved or adversely
affected by the proposed facility and who files a petition to
intervene in the adjudication hearing not later than thirty days
after the date of publication of the notice required in division
(D)(3)(b) of this section if the petition is granted by the
board for good cause shown. The board may allow intervention by
other aggrieved or adversely affected persons up to fifteen days
prior to the date of the adjudication hearing for good cause
shown when the intervention would not be unduly burdensome to or
cause a delay in the permitting process. (5) The hazardous waste facility board shall conduct any
adjudication hearing upon disputed issues in accordance with
Chapter 119. of the Revised Code and the rules of the board
governing the procedure of such hearings. Each party may call
and examine witnesses and submit other evidence respecting the
disputed issues presented by an application. A written record
shall be made of the hearing and of all testimony and evidence
submitted to the board. (6) The board shall not approve an application for a
hazardous waste facility installation and operation permit unless
it finds and determines as follows: (a) The nature and volume of the waste to be treated,
stored, or disposed of at the facility; (b) That the facility complies with the director's
hazardous waste standards adopted pursuant to section 3734.12 of
the Revised Code; (c) That the facility represents the minimum adverse
environmental impact, considering the state of available
technology and the nature and economics of various alternatives,
and other pertinent considerations; (d) That the facility represents the minimum risk of all
of the following: (i) Contamination of ground and surface waters; (ii) Fires or explosions from treatment, storage, or
disposal methods; (iii) Accident during transportation of hazardous waste to
or from the facility; (iv) Impact on the public health and safety; (v) Air pollution; (vi) Soil contamination. (e) That the facility will comply with Chapters 3704.,
3734., and 6111. of the Revised Code and all rules and standards
adopted under those chapters; (f) That if the owner of the facility, the operator of the
facility, or any other person in a position with the facility
from which the person may influence the installation and
operation of the
facility has been involved in any prior activity involving
transportation, treatment, storage, or disposal of hazardous
waste, that person has a history of compliance with Chapters
3704., 3734., and 6111. of the Revised Code and all rules and
standards adopted under those chapters, the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42
U.S.C.A. 6921, as amended, and all regulations adopted under it,
and similar laws and rules of other states if any such prior
operation was located in another state that demonstrates
sufficient reliability, expertise, and competency to operate a
hazardous waste facility under the applicable provisions of
Chapters 3704., 3734., and 6111. of the Revised Code, the
applicable rules and standards adopted under those chapters, and
terms and conditions of a hazardous waste facility installation
and operation permit, given the potential for harm to the public
health and safety and the environment that could result from the
irresponsible operation of the facility; (g) That the active areas within a new hazardous waste
facility where acute hazardous waste as listed in 40 C.F.R.
261.33 (e), as amended, or organic waste that is toxic and is
listed under 40 C.F.R. 261, as amended, is being stored, treated,
or disposed of and where the aggregate of the storage design
capacity and the disposal design capacity of all hazardous waste
in those areas is greater than two hundred fifty thousand
gallons, are not located or operated within any of the following: (i) Two thousand feet of any residence, school, hospital,
jail, or prison; (ii) Any naturally occurring wetland; (iii) Any flood hazard area if the applicant cannot show
that the facility will be designed, constructed, operated, and
maintained to prevent washout by a one-hundred-year flood or that
procedures will be in effect to remove the waste before flood
waters can reach it. Division (D)(6)(g) of this section does not apply to the
facility of any applicant who demonstrates to the board that the
limitations specified in that division are not necessary because
of the nature or volume of the waste and the manner of management
applied, the facility will impose no substantial danger to the
health and safety of persons occupying the structures listed in
division (D)(6)(g)(i) of this section, and the facility is to be
located or operated in an area where the proposed hazardous waste
activities will not be incompatible with existing land uses in
the area. (h) That the facility will not be located within the
boundaries of a state park established or dedicated under Chapter
1541. of the Revised Code, a state park purchase area established
under section 1541.02 of the Revised Code, any unit of the
national park system, or any property that lies within the
boundaries of a national park or recreation area, but that has
not been acquired or is not administered by the secretary of the
United States department of the interior, located in this state,
or any candidate area located in this state identified for
potential inclusion in the national park system in the edition of
the "national park system plan" submitted under paragraph (b) of
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16
U.S.C.A. 1a-5, as amended, current at the time of filing of the
application for the permit, unless the facility will be used
exclusively for the storage of hazardous waste generated within
the park or recreation area in conjunction with the operation of
the park or recreation area. Division (D)(6)(h) of this section
does not apply to the facility of any applicant for modification
of a permit unless the modification application proposes to
increase the land area included in the facility or to increase
the quantity of hazardous waste that will be treated, stored, or
disposed of at the facility. In rendering a decision upon an application for a hazardous
waste facility installation and operation permit, the board shall
issue a written order and opinion, which shall include the
specific findings of fact and conclusions of law that
support
the board's approval or disapproval of the application. If the board approves an application for a hazardous waste
facility installation and operation permit, as a part of its
written order, it shall issue the permit, upon such terms and
conditions as the board finds are necessary to ensure the
construction and operation of the hazardous waste facility in
accordance with the standards of this section.
(7) Any party adversely affected by an order of the
hazardous waste facility board may appeal the order and decision
of the board to the court of appeals of Franklin county. An
appellant shall file with the board a notice of appeal, which
shall designate the order appealed from. A copy of the notice
also shall be filed by the appellant with the court, and a copy
shall be sent by certified mail to each party to the adjudication
hearing before the board. Such notices shall be filed and mailed
within thirty days after the date upon which the appellant
received notice from the board by certified mail of the making of
the order appealed from. No appeal bond shall be required to
make an appeal effective. The filing of a notice of appeal shall not operate automatically
as a suspension of the order of the board. If it appears
to the court that an unjust hardship to the appellant will result
from the execution of the board's order pending determination of
the appeal, the court may grant a suspension of the order and fix
its terms. Within twenty days after receipt of the notice of appeal,
the board shall prepare and file in the court the complete record
of proceedings out of which the appeal arises, including any
transcript of the testimony and any other evidence that has been
submitted before the board. The expense of preparing and
transcribing the record shall be taxed as a part of the costs of
the appeal. The appellant, other than the state or a political
subdivision, an agency of either, or any officer of the appellant
acting in the officer's representative capacity, shall
provide security for
costs satisfactory to the court considering the respective
interests of the parties and the public interest. Upon demand by
a party, the board shall furnish, at the cost of the party
requesting it, a copy of the record. If the complete record is
not filed within the time provided for in this section, any party
may apply to the court to have the case docketed, and the court
shall order the record filed. In hearing the appeal, the court is confined to the record
as certified to it by the board. The court may grant a request
for the admission of additional evidence when satisfied that the
additional evidence is newly discovered and could not with
reasonable diligence have been ascertained prior to the hearing
before the board. The court shall affirm the order complained of in the
appeal if it finds, upon consideration of the entire record and
such additional evidence as the court has admitted, that the
order is supported by reliable, probative, and substantial
evidence and is in accordance with law. In the absence of such
findings, it shall reverse, vacate, or modify the order or make
such other ruling as is supported by reliable, probative, and
substantial evidence and is in accordance with law. The judgment
of the court shall be final and conclusive unless reversed,
vacated, or modified on appeal. Such appeals may be taken by any
party to the appeal pursuant to the Rules of Practice of the
Supreme Court and, to the extent not in conflict with those
rules, Chapter 2505. of the Revised Code. (E)(1) Upon receipt of a completed application, the board
shall issue a hazardous waste facility installation and operation
permit for a hazardous waste facility subject to the requirements
of divisions (D)(6) and (7) of this section and all applicable
federal regulations if the facility for which the permit is
requested satisfies all of the following: (a) Was in operation immediately prior to October 9, 1980; (b) Was in substantial compliance with applicable statutes
and rules in effect immediately prior to October 9, 1980, as
determined by the director; (c) Demonstrates to the board that its operations after
October 9, 1980, comply with applicable performance standards
adopted by the director pursuant to division (D) of section
3734.12 of the Revised Code; (d) Submits a completed application for a permit under
division (C) of this section within six months after October 9,
1980. The board shall act on the application within twelve months
after October 9, 1980. (2) A hazardous waste facility that was in operation
immediately prior to October 9, 1980, may continue to operate
after that date if it does all of the following: (a) Complies with performance standards adopted by the
director pursuant to division (D) of section 3734.12 of the
Revised Code; (b) Submits a completed application for a hazardous waste
installation and operation permit under division (C) of this
section within six months after October 9, 1980; (c) Obtains the permit under division (D) of this section
within twelve months after October 9, 1980. (3) No political subdivision of this state shall require
any additional zoning or other approval, consent, permit,
certificate, or condition for the construction or operation of a
hazardous waste facility authorized by a hazardous waste facility
installation and operation permit issued pursuant to this
chapter, nor shall any political subdivision adopt or enforce any
law, ordinance, or rule that in any way alters, impairs, or
limits the authority granted in the permit. (4) After the issuance of a hazardous waste facility
installation and operation permit by the board, each hazardous
waste facility shall be subject to the rules and supervision of
the director during the period of its operation, closure, and
post-closure care, if applicable. (F) Upon approval of the board in accordance with
divisions (D) and (E) of this section, the board may issue a
single hazardous waste facility installation and operation permit
to a person who operates two or more adjoining facilities where
hazardous waste is stored, treated, or disposed of if the
application includes detail plans, specifications, and
information on all facilities. For the purposes of this section,
"adjoining" means sharing a common boundary, separated only by a
public road, or in such proximity that the director determines
that the issuance of a single permit will not create a hazard to
the public health or safety or the environment. (G) No person shall falsify or fail to keep or submit any
plans, specifications, data, reports, records, manifests, or
other information required to be kept or submitted to the
director or to the hazardous waste facility board by this chapter
or the rules adopted under it. (H)(1) Each person who holds an installation and operation
permit issued under this section and who wishes to obtain a
permit renewal shall submit a completed application for an
installation and operation permit renewal and any necessary
accompanying general plans, detail plans, specifications, and
such information as the director may require to the director no
later than one hundred eighty days prior to the expiration date
of the existing permit or upon a later date prior to the
expiration of the existing permit if the permittee can
demonstrate good cause for the late submittal. The director
shall consider the application and accompanying information,
inspection reports of the facility, results of performance tests,
a report regarding the facility's compliance or noncompliance
with the terms and conditions of its permit and rules adopted by
the director under this chapter, and such other information as is
relevant to the operation of the facility and shall issue a draft
renewal permit or a notice of intent to deny the renewal permit.
The director, in accordance with rules adopted under this section
or with rules adopted to implement Chapter 3745. of the Revised
Code, shall give public notice of the application and draft
renewal permit or notice of intent to deny the renewal permit,
provide for the opportunity for public comments within a
specified time period, schedule a public meeting in the county in
which the facility is located if significant interest is shown,
and give public notice of the public meeting. (2) Within sixty days after the public meeting or close of
the public comment period, the director, without prior hearing,
shall issue or deny the renewal permit in accordance with Chapter
3745. of the Revised Code. The director shall not issue a
renewal permit unless the director determines that the
facility under the
existing permit has a history of compliance with this chapter,
rules adopted under it, the existing permit, or orders entered to
enforce such requirements that demonstrates sufficient
reliability, expertise, and competency to operate the facility
henceforth under this chapter, rules adopted under it, and the
renewal permit. If the director approves an application for a
renewal permit, the director shall issue the permit subject
to the payment
of the annual permit fee required under division (E) of section
3734.02 of the Revised Code and upon such terms and conditions as
the director finds are reasonable to ensure that continued
operation,
maintenance, closure, and post-closure care of the hazardous
waste facility are in accordance with the rules adopted under
section 3734.12 of the Revised Code. (3) An installation and operation permit renewal
application submitted to the director that also contains or would
constitute an application for a modification shall be
acted upon by the
director in accordance with division (I) of this section in the
same manner as an application for a modification. In
approving or
disapproving the renewal portion of a permit renewal application
containing an application for a modification, the
director shall apply the
criteria established under division (H)(2) of this section. (4) An application for renewal or modification
of a permit
that does not contain an application for a modification as described in
divisions (I)(3)(a) to (d) of this
section shall not
be subject to division (D) of this section. (I)(1) As used in this section, "modification" means a
change or alteration to a hazardous waste facility or its
operations that is inconsistent with or not authorized by
its existing permit or authorization to operate. Modifications shall
be classified as
Class 1, 2, or 3 modifications in accordance with rules adopted under
division (K) of this section. Modifications classified as
Class 3 modifications, in accordance with rules adopted under that
division, shall be further classified by the director as either Class
3 modifications that are to be approved or disapproved by the hazardous waste
facility board as described in divisions (I)(3)(a)
to (d) of this section or as Class 3 modifications
that are to be approved or disapproved by the director under division
(I)(5) of this section. Not later than thirty days after receiving a
request for a modification under
division (I)(4) of this section that is not listed in
Appendix I to 40 C.F.R. 270.42 or
in rules adopted under division (K) of this section, the director
shall classify the modification and shall notify the owner or operator of the
facility requesting the modification of the classification. Notwithstanding
any other law to the contrary, any
modification that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator shall be
classified as a Class 3 modification. (2) Except as provided in section 3734.123 of the Revised
Code, a hazardous waste facility installation and operation
permit may be modified at the request of the director
or upon the written request of the permittee only if any of the
following applies: (a) The permittee desires to accomplish alterations,
additions, or deletions to the permitted facility or to undertake
alterations, additions, deletions, or activities that are
inconsistent with or not authorized by the existing permit; (b) New information or data justify permit conditions in
addition to or different from those in the existing permit; (c) The standards, criteria, or rules upon which the
existing permit is based have been changed by new, amended, or
rescinded standards, criteria, or rules, or by judicial decision
after the existing permit was issued, and the change justifies
permit conditions in addition to or different from those in the
existing permit; (d) The permittee proposes to transfer the permit to
another person. (3) The director has jurisdiction to approve or disapprove applications
for Class 1 modifications, Class 2 modifications, and
Class 3 modifications not otherwise described in divisions
(I)(3)(a) to (d) of this section. The
hazardous
waste facility board has jurisdiction to approve or disapprove applications
for any of the following categories of Class 3 modifications: (a) Authority to conduct treatment, storage, or
disposal at a site, location, or tract of land that has not been
authorized for the proposed category of treatment, storage, or disposal
activity by the facility's permit; (b) Modification or addition of a hazardous waste management
unit, as defined in rules adopted under section 3734.12 of the Revised Code, that results in
an increase in a
facility's storage capacity of more than twenty-five per cent
over the capacity authorized by the facility's permit, an increase in a
facility's treatment rate of more than
twenty-five per cent over the rate so authorized, or an increase
in a facility's disposal capacity over the capacity so authorized. The
authorized disposal capacity for a facility shall be calculated from the
approved design plans for the disposal units at that facility. In
no case during a five-year period shall a facility's
storage capacity or treatment rate be
modified to increase by more than twenty-five per cent in the aggregate
without board approval. Notwithstanding any provision of division
(I) of this section to the contrary, a request
for modification of a facility's annual total waste receipt limit shall be
classified and approved or disapproved by the director. (c) Authority to add any of the following categories of
regulated activities not previously authorized at a facility by the facility's
permit: storage at a facility not previously authorized to store hazardous
waste, treatment at a facility not previously authorized to treat hazardous
waste, or disposal at a facility not previously authorized to dispose of
hazardous waste; or authority to add a category of hazardous waste management
unit not previously authorized at the facility by the facility's permit.
Notwithstanding any provision of division (I) of this section to the
contrary, a request for authority to add or to modify an activity or a
hazardous waste management unit for the purposes of performing a corrective
action shall be classified and approved or disapproved by the director. (d) Authority to treat, store, or dispose of waste types listed
or
characterized as reactive or explosive, in rules adopted under section 3734.12
of the Revised Code, or any acute hazardous waste listed in 40
C.F.R. 26133 261.33(e), as amended, at a
facility not previously authorized to treat, store, or dispose of those types
of wastes by the facility's permit unless the
requested authority is limited to wastes that
no longer exhibit characteristics meeting the criteria for listing or
characterization as reactive or explosive wastes, or for listing as acute
hazardous waste, but still are required to carry those waste codes as
established in rules adopted under section 3734.12 of the
Revised Code because of the requirements established in 40 C.F.R. 261(a) and
(e), as amended, that is, the "mixture," "derived-from," or "contained-in"
regulations. (4) A written request for a modification from
the permittee shall be submitted to the director and shall
contain such information as is necessary to support the request.
The director shall transmit to the board requests for Class 3
modifications described in divisions (I)(3)(a) to
(d) of this section within two hundred forty days after receiving
the requests. Requests
for modifications shall be acted upon by the director or the board, as
appropriate, in accordance with this section and
rules adopted under it. (5) Class 1 modification applications that require
prior approval
of the director, as determined in accordance with rules adopted under division
(K) of this section, Class 2 modification applications, and
Class 3 modification applications that are not described in
divisions (I)(3)(a) to (d) of this section
shall be approved or disapproved by the director in accordance with rules
adopted under division (K) of this section. The board of county
commissioners of the county, the board of township trustees of the township,
and the city manager or mayor of the municipal corporation in which a
hazardous waste facility is located shall receive notification of any
application for a modification for that facility and shall be considered as
interested persons with respect to the director's consideration of the
application. For those modification
applications for a transfer of a permit to a new owner or operator of a
facility, the director
also shall determine that, if the transferee owner or operator has been
involved in any prior
activity involving the transportation, treatment, storage, or disposal of
hazardous waste, the transferee owner or operator has a history of compliance
with this chapter and
Chapters 3704. and 6111. of the Revised Code and all rules and standards
adopted
under them, the "Resource Conservation and Recovery
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, and
all regulations adopted under it, and similar laws and rules of another state
if the transferee owner or operator owns or operates a facility in that state,
that demonstrates sufficient reliability, expertise, and competency to operate
a hazardous waste
facility under this chapter and Chapters 3704. and 6111. of the Revised Code,
all
rules and standards adopted under them, and terms and conditions of a
hazardous waste facility installation and operation permit, given the
potential for harm to the public health and safety and the environment that
could result from the irresponsible operation of the facility. A permit may
be transferred to a new
owner or operator only pursuant to a Class 3 permit modification. As used in division (I)(5) of this
section: (a) "Owner" means the person who owns a majority or controlling
interest in a facility. (b) "Operator" means the person who is responsible for the
overall operation of a facility. The director shall approve or disapprove an application for a
Class 1 modification that requires the director's approval within
sixty days after receiving the request for modification. The director shall
approve or disapprove an application for a Class 2 modification
within three hundred days after receiving the request for modification. The
director shall approve or disapprove an application for a Class 3
modification that
is not described in divisions (I)(3)(a) to
(d) of this section within three hundred sixty-five days after
receiving the request for modification. (6) The approval or disapproval by the director of a Class 1
modification application is not a final action that is appealable under
Chapter 3745. of the Revised Code. The approval or disapproval by the
director of a
Class 2 modification or a Class 3 modification that is not
described in divisions (I)(3)(a) to (d) of
this section is a final action that is appealable under that chapter. In
approving or disapproving a request for a modification, the director shall
consider all comments pertaining to the request that are received during the
public comment period and the public meetings. The administrative record for
appeal of a final action by the director in approving or disapproving a
request for a modification shall include all comments received during the
public comment period relating to the request for modification, written
materials submitted at the public meetings relating to the request, and any
other documents related to the director's action. (7) The hazardous waste facility board shall approve or
disapprove an application for a Class 3 modification
transmitted to it under
division (I)(4) of this section, or that portion of
a permit renewal application that constitutes a Class
3 modification application so transmitted, of a hazardous waste facility
installation and
operation permit in accordance with division (D) of this section. No other
request for a modification shall be subject to
division (D)(6) of this section. No aspect of
a permitted facility or its operations
that is not being modified as described in division
(I)(3)(a), (b), (c), or (d) of
this section shall be subject to review by the
board under division (D) of this section. (8) Notwithstanding any other provision of law to the
contrary, a change or alteration to a hazardous waste facility described in
division (E)(3)(a) or (b) of section 3734.02 of the
Revised Code, or its operations, is a modification for the
purposes of this section. An
application for a modification at such a facility shall be submitted,
classified, and approved or disapproved in accordance with divisions
(I)(1) to (7) of this section in the same
manner as a modification to a hazardous waste facility installation and
operation permit. (J)(1) Except as provided in division (J)(2) of this
section, an owner or operator of a hazardous
waste facility that is operating in accordance with a permit by rule under
rules adopted by the director under division
(E)(3)(b) of section
3734.02 of the Revised
Code shall submit either a hazardous waste facility
installation and operation permit application for the facility or a
modification application, whichever is required under division
(J)(1)(a) or (b) of this section, within one
hundred eighty days after the director has requested the application or upon a
later date if the owner or operator demonstrates to the
director good cause for the late submittal. (a) If the owner or operator does not have a hazardous waste
facility installation and operation permit for any hazardous waste treatment,
storage, or disposal activities at the facility, the owner or operator shall
submit an
application for such a permit to the director for the activities authorized by
the permit by rule. Notwithstanding any other
provision of law to the contrary, the director shall approve or disapprove the
application for the permit in accordance with the procedures governing the
approval or disapproval of permit renewals under division (H) of this
section. (b) If the owner or operator has a hazardous waste facility
installation and operation permit for hazardous waste treatment, storage, or
disposal activities at the facility other than those authorized by the permit
by rule, the owner or operator shall submit to the director a request for
modification in accordance with division (I) of this section.
Notwithstanding any other provision of law to the contrary, the director shall
approve or disapprove the modification application in accordance with rules
adopted under division (K) of this section. (2) The owner or operator of a boiler or industrial furnace that is
conducting thermal treatment activities in accordance with a permit
by rule under rules adopted by the director under division
(E)(3)(b) of section
3734.02 of the Revised
Code shall submit a hazardous waste facility
installation and operation permit application if the owner or operator does
not have such a permit for any hazardous waste treatment, storage, or disposal
activities at the facility or, if the owner or operator has such a permit for
hazardous waste treatment, storage, or disposal activities at the facility
other than thermal treatment activities authorized by the permit by rule, a
modification application to add those activities authorized by the permit by
rule, whichever is applicable, within one hundred eighty days
after the director has requested the submission of the application or upon a
later date if the owner or operator demonstrates to the director good cause
for the late submittal. The application shall be accompanied by information
necessary to support the request. The hazardous
waste facility board shall approve or disapprove the application in accordance
with division (D) of this section, except that the board
shall not disapprove an application for the thermal treatment activities on
the basis of the criteria set forth in division
(D)(6)(g) or
(h) of this section. (3) As used in division (J) of this
section: (a) "Modification application" means a request for a modification
submitted in accordance with division (I) of
this section. (b) "Thermal treatment," "boiler," and "industrial furnace" have
the same meanings as in rules adopted under section 3734.12 of the
Revised Code. (K) The director shall adopt, and may amend, suspend, or
rescind, rules in accordance with Chapter 119. of the Revised
Code in order to implement divisions (H) and (I) of this section. Except
when in actual conflict with this section, rules governing the classification
of and procedures for the modification of hazardous waste facility
installation and operation permits shall be substantively and procedurally
identical to the regulations governing hazardous waste facility permitting and
permit modifications adopted under the "Resource
Conservation and Recovery Act of 1976," 90
Stat. 2806, 42 U.S.C.A. 6921, as amended. Sec. 4717.01. As used in this chapter: (A) "Embalming" means the
preservation and disinfection, or attempted preservation and
disinfection, of the dead human body by application of chemicals
externally, internally, or both. (B) "Funeral business" means a sole proprietorship, partnership,
corporation, limited liability company, or other business entity that is
engaged in funeral directing for profit or for free from one or more funeral
homes licensed under this chapter. (C) "Funeral directing" means the
business or profession of directing
or supervising funerals for profit, the business or
profession of preparing dead human bodies for burial by means other than
embalming, the disposition of dead human bodies, the provision or maintenance
of a place for the preparation, the care, or disposition of dead human bodies,
the use in connection with a business of the term "funeral director,"
"undertaker," "MORTICIAN," OR any other term from which can be implied the
business of funeral directing, or the holding out to the public that one is a
funeral director or a disposer of dead human bodies. (D) "Funeral home" means a fixed
place for the care, preparation for burial, or
disposition of
dead human bodies or the
conducting of funerals. Each business location is a
funeral home, regardless of common ownership or management. (E) "Embalmer" means a person who
engages, in whole or in part, in embalming and who is licensed
under this chapter. (F) "Funeral director" means a person
who engages, in whole or in part, in funeral directing and who is
licensed under this chapter. (G) "Final disposition" has the same
meaning as in division (J) of section 3705.01 of the
Revised Code. (H) "Supervision" means the operation
of all phases of the business of funeral directing or embalming
under the specific direction of a licensed funeral director or
licensed embalmer. (I) "Direct supervision" means the
physical presence of a licensed funeral director or licensed
embalmer while the specific functions of the funeral or embalming
are being carried out. (J) "Embalming facility" means a
fixed location, separate from the funeral home, that is licensed
under this chapter whose only function is the embalming and
preparation of dead human bodies. (K) "Crematory facility" means the
physical location at which a cremation chamber is located and the
cremation process takes place. "Crematory facility" does not include an
infectious waste incineration facility for which a license is held under
division (B) of section 3734.05 Of the Revised Code, or a solid waste incineration
facility for which a license is held under division (A) of that
section that includes a notation pursuant to division (B)(3) of that
section authorizing the facility to also treat infectious wastes, in
connection with the incineration of body parts other than dead human bodies
that were donated to science for purposes of medical education or
research. (L) "Crematory" means the building or
portion of a building that houses the holding facility and the
cremation chamber. (M) "Cremation" means the technical
process of using heat and flame to reduce human or animal remains to bone
fragments or ashes or any combination thereof. "Cremation" includes
processing and may include the
pulverization of bone fragments. (N) "Cremation chamber" means the enclosed space within which
cremation takes place. (O) "Cremated remains" means all
human or animal remains recovered after the completion of the cremation
process, which may include the residue of any foreign matter such
as casket material, dental work, or eyeglasses that were cremated
with the human or animal remains. (P) "Lapsed license" means a license
issued under this chapter that has become invalid because of the
failure of the licensee to renew the license within the time
limits prescribed under this chapter. (Q) "Operator of a crematory facility" means the sole
proprietorship, partnership, corporation, limited liability company, or other
business entity responsible for the overall operation of a crematory
facility. (R) "Processing" means the reduction of identifiable bone
fragments to unidentifiable bone fragments through manual or mechanical means
after the completion of the cremation process. (S) "Pulverization" means the reduction of identifiable bone
fragments to granulated particles by manual or mechanical means after the
completion of the cremation process. Sec. 4717.02. (A) There is hereby created
the board of embalmers and funeral directors consisting of seven
members to be appointed by the governor with the advice and consent of
the senate. Four members shall be licensed embalmers and
practicing funeral directors, each with at least ten consecutive
years of experience in this state immediately preceding the person's
appointment. One member shall be knowledgeable and experienced in operating a
crematory and is not required to be, but may be, a licensed embalmer or
funeral director. Two members shall represent the public; at least
one of the two shall be at least sixty years of age. (B) Terms of office are for five years,
commencing on the first day of July and ending on the
last day of June. Each member shall hold office from
the date of the member's appointment until the end of the term for which
the member was appointed. Before entering upon the duties of the office,
each member shall take and file with the secretary of state an
oath of office as required by Section 7 of
Article XV, Ohio Constitution. (C) The governor may remove a member of the
board for neglect of duty, incompetency, or immoral
conduct. Vacancies shall be filled in the manner provided for
original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration date of the term for which the member's
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office
subsequent to the expiration date of the member's term until the member's
successor
takes office, or until a period of sixty days has elapsed,
whichever occurs first. (D) Each member of the board shall receive an
amount fixed under division (J) of section 124.15 of the
Revised Code for each day, not to exceed sixty
days per year, employed in the discharge of the member's duties as a board
member, together with any necessary expenses incurred in the
performance of those duties. Sec. 4717.03. (A) Members of the board of
embalmers and funeral directors shall annually in July,
or within thirty days after the senate's confirmation of the new
members appointed in that year, meet and organize by selecting
from among its members a president, vice-president, and secretary-treasurer.
The board may
hold other meetings as it determines necessary. A quorum of the
board consists of four members, of whom at least three shall be
members who are embalmers and funeral directors. The concurrence
of at least four members is necessary for the board to take any
action. The president and secretary-treasurer shall sign all licenses
issued under this chapter and affix the board's seal to each
license. (B) The board may appoint an individual who is
not a member of the board to serve as executive director of the
board. The executive director serves at the pleasure of the
board and shall do all of the following: (1) Serve as the board's chief administrative officer; (2) Act as custodian of the board's records; (3) Execute all of the board's orders. In executing the board's orders, the executive director
may enter the premises, establishment, office, or place of
business of any embalmer, funeral director, or operator of a crematory
facility in this state. The executive director may serve and execute any
process issued by any court under this chapter. (C) The board may employ clerical or technical
staff who are not members of the board and who serve at the
pleasure of the board to provide any clerical or technical
assistance the board considers necessary. The board may employ
necessary inspectors, who shall be licensed embalmers and funeral
directors. Any inspector employed by the board may enter the
premises, establishment, office, or place of business of any
embalmer, funeral director, or operator of a crematory facility in this state,
for the purposes of inspecting the facility and premises; the
license and registration of embalmers and funeral directors
operating in the facility; and the license of the
funeral home, embalming facility, or crematory. The inspector
shall serve and execute any process issued by any court under
this chapter, serve and execute any papers or process issued by
the board or any officer or member of the board, and perform any
other duties delegated by the board. (D) The president of the board shall
designate three of its members to serve on the crematory review board, which
is hereby created, for such time as the president finds appropriate to carry
out the provisions of this chapter. Those members of the crematory review
board designated by the president to serve and three members designated by the
cemetery
dispute resolution commission shall designate, by a majority vote, one person
who is experienced in the operation of a crematory facility and who is not
affiliated with a cemetery or a funeral home to serve on the crematory review
board for such time as the crematory review board finds appropriate. Members
serving on the crematory review board shall not receive any additional
compensation for serving on the board, but may be reimbursed for their actual
and necessary expenses incurred in the performance of official duties as
members of the board. Members of the crematory review board
shall designate one from among its members to serve as a chairperson for such
time as the board finds appropriate. Costs associated with conducting an
adjudicatory hearing in accordance with division (E) of this section
shall be paid from funds available to the board of embalmers and funeral
directors. (E) Upon receiving
written notice from the board of embalmers and funeral directors
of any of the following, the crematory review board shall
conduct an adjudicatory hearing on the matter in accordance with
Chapter 119. of the Revised Code, except as
otherwise provided in this section or division
(C) of section 4717.14 of the
Revised Code: (1) Notice provided under division (H) of this section of
an alleged violation of any provision of this chapter or any
rules adopted under this chapter, or section 1107.33 of the
Revised
Code, governing or in
connection with crematory facilities or cremation; (2) Notice provided under division
(B) of section 4717.14 Of the Revised Code that the board of embalmers and funeral
directors
proposes to refuse to grant or renew, or to suspend or revoke, a
license to operate a crematory facility; (3) Notice provided under division (C) of section 4717.14
Of the Revised Code that the board of embalmers and funeral
directors has issued an order summarily suspending a license to
operate a crematory facility; (4) Notice provided under division (B) of section 4717.15
Of the Revised Code that the board of embalmers and funeral
directors proposes to issue a notice of violation and order
requiring payment of a forfeiture for any violation described in
divisions (A)(9)(a) to (g) of section
4717.04 of
the Revised Code alleged in connection with
a crematory facility or cremation. Nothing in division (E) of this section precludes the
crematory review board from appointing an independent examiner in accordance
with section 119.09 of the Revised Code to conduct any
adjudication hearing required under division (E) of this section. The crematory review board shall submit a written report
of findings and advisory recommendations, and a written
transcript of its proceedings, to the board of embalmers and
funeral directors. The board of embalmers and funeral directors
shall serve a copy of the written report of the crematory review
board's findings and advisory recommendations on the party to
the adjudication or the party's attorney, by certified mail,
within five days after receiving the report and advisory
recommendations. A party may file objections to the written
report with the board of embalmers and funeral directors within
ten days after receiving the report. No written report is
final or appealable until it is issued as a final order by the
board of embalmers and funeral directors and entered on the
record of the proceedings. The board of embalmers and funeral
directors shall consider objections filed by the party prior to
issuing a final order. After reviewing the findings and
advisory recommendations of the crematory review board, the
written transcript of the crematory review board's proceedings,
and any objections filed by a party, the board of embalmers and
funeral directors shall issue a final order in the matter. Any
party may appeal the final order issued by the board of
embalmers and funeral directors in a matter described in
divisions (E)(1) to (4) of this
section in accordance with section 119.12 of the
Revised Code, except that the appeal
may be made to the court of common pleas in the county in which
is located the crematory facility to which the final order
pertains, or in the county in which the party resides. (F) On its own initiative or on receiving a
written complaint from any person whose identity is made known to
the board of embalmers and funeral directors, the board shall investigate the
acts or practices of
any person holding or claiming to hold a license or registration under this
chapter that, if proven to have occurred, would violate this
chapter or any rules adopted under it or section 1107.33 of the
Revised Code. The board may compel witnesses by
subpoena to appear and testify in relation to investigations
conducted under this chapter and may require by subpoena duces
tecum the production of any book, paper, or document pertaining
to an investigation. If a person does not comply with a
subpoena or subpoena duces tecum, the board may apply to the
court of common pleas of any county in this state for an order
compelling the person to comply with the subpoena or subpoena
duces tecum, or for failure to do so, to be held in contempt of
court. (G) If, as a result of its investigation conducted under division
(F) of this section, the board of embalmers and funeral directors has
reasonable cause to believe that the person investigated is
violating any provision of this chapter or any rules adopted under this
chapter or
section 1107.33 of the Revised Code, governing or in
connection with embalming, funeral directing, funeral homes, embalming
facilities, or the operation of funeral homes or embalming facilities, it may,
after providing the opportunity for an adjudicatory hearing, issue an order
directing the person to
cease the acts or practices that constitute the violation. The board shall
conduct the adjudicatory hearing in accordance with
Chapter 119. of the Revised Code except
that, notwithstanding the provisions of that chapter, the
following shall apply: (1) The board shall send the notice informing the
person of the person's right to a hearing by certified mail. (2) The person is entitled to a hearing only if the person
requests a hearing and if the board receives the request within thirty days
after the mailing of the notice
described in division (G)(1) of this section. (3) A stenographic record shall be taken, in the manner
prescribed in section 119.09 of the Revised Code,
at every adjudicatory hearing held under this section, regardless
of whether the record may be the basis of an appeal to a court. (H) If, as a result of
its investigation conducted under division
(F) of this section, the board of embalmers and funeral directors has
reasonable cause to believe that the person investigated is
violating any provision of this chapter or any rules adopted under
this chapter, or section 1107.33 of the Revised
Code, governing or in
connection with crematory facilities or cremation, the board
shall send written notice of the alleged violation to the
crematory review board. If, after the conclusion of the
adjudicatory hearing in the matter conducted under division
(E) of this section, the board
of embalmers and funeral directors finds that a person is in
violation of any provision of this chapter or any rules adopted
under this chapter, or section 1107.33 of the
Revised Code, governing or in
connection with crematory facilities or cremation, the board may
issue a final order under that division directing the person to
cease the acts or practices that constitute the
violation. (I) The board of embalmers and funeral directors may bring a
civil action to enjoin any violation or threatened violation of section
1107.33; sections 4717.01 to 4717.15 Of the Revised Code or a rule adopted under any of those
sections;
division (A) or (B) of section 4717.23; division
(B)(1) or (2), (C)(1) or (2), (D), (E), or
(F)(1) or (2), or divisions (H) to (K) of section
4717.26; division (D)(1) of section 4717.27; or divisions
(A) to (C) of section 4717.28 of the
Revised Code. The action shall be brought in
the county where the violation occurred or the threatened
violation is expected to occur. At the request of the board, the
attorney general shall represent the board in any matter arising
under this chapter. (J) The board of embalmers and funeral directors and the
crematory review board may issue subpoenas
for funeral directors and embalmers or persons holding themselves out as
such, for operators of crematory facilities or persons holding themselves out
as such, or for any other person whose testimony, in the opinion of
either board, is necessary. The subpoena shall require the person
to appear before the appropriate board or any designated member of either
board, upon any hearing conducted under this chapter. The penalty for
disobedience to the command of such a subpoena is the same as for
refusal to answer such a process issued under authority of the
court of common pleas. (K) All moneys received by the board of embalmers and funeral
directors from any source shall be deposited in the state treasury to the
credit of the occupational licensing and regulatory fund created in section
4743.05 Of the Revised Code. (L) The board of embalmers and funeral directors shall submit a
written report to the governor on or before the first Monday of
July of each year. This report shall contain a detailed
statement of the nature and amount of the board's receipts and
the amount and manner of its expenditures. Sec. 4717.04. (A) The board of embalmers and
funeral directors shall adopt rules in accordance with
Chapter 119. of the Revised Code for the
government, transaction of the business, and the management of the
affairs of the board of embalmers and funeral directors and the crematory
review board, and for the administration and enforcement of this chapter.
These rules shall include all of the following: (1) The nature, scope, content, and form of the
application that must be completed and license examination that
must be passed in order to receive an embalmer's license or a
funeral director's license under section 4717.05 of the
Revised Code. The rules shall ensure both of the
following: (a) That the embalmer's license examination
tests the applicant's knowledge through at least a comprehensive
section and an Ohio laws section; (b) That the funeral director's license examination
tests the applicant's knowledge through at least a
comprehensive section, an Ohio laws section, and a
sanitation section. (2) The minimum license examination score necessary to
be licensed under section 4717.05 of the Revised
Code as an embalmer or as a funeral director; (3) Procedures for determining the dates of the
embalmer's and funeral director's license examinations, which
shall be administered at least once each year, the time and place
of each examination, and the supervision required for each
examination; (4) Procedures for determining whether the board shall
accept an applicant's compliance with the licensure,
registration, or certification requirements of another state as
grounds for granting the applicant a license under this chapter; (5) A determination of whether completion of a
nationally recognized embalmer's or funeral director's
examination sufficiently meets the license requirements for the
comprehensive section of either the embalmer's or the funeral
director's license examination administered under this chapter; (6) Continuing education requirements for licensed
embalmers and funeral directors; (7) Requirements for the licensing and operation of
funeral homes; (8) Requirements for the licensing and operation of
embalming facilities; (9) A schedule that lists, and specifies a forfeiture
commensurate with, each
of the following types of conduct which, for the purposes
of division (A)(9) of this
section and section 4717.15 of the
Revised
Code, are violations of this
chapter: (a) Obtaining a license under this
chapter by fraud or misrepresentation either in the application
or in passing the required examination for the license; (b) Purposely violating any provision
of sections 4717.01 to 4717.15 Of the Revised Code or a rule adopted under any of those
sections; division (A) or (B) of section 4717.23;
division (B)(1) or (2), (C)(1) or (2), (D),
(E), or (F)(1) or (2), or divisions (H) to
(K) of section 4717.26; division (D)(1) of section 4717.27;
or divisions (A) to (C) of section 4717.28 Of the Revised Code; (c) Committing unprofessional
conduct; (d) knowingly permitting an
unlicensed person, other than a person serving an
apprenticeship, to engage in the profession or business of
embalming or funeral directing under the licensee's supervision; (e) Refusing to promptly submit the
custody of a dead human body upon the express order of the
person legally entitled to the body; (f) transferring a license to operate
a funeral home, embalming facility, or crematory facility from one owner
or operator to another, or from one location to another, without
notifying the board; (g) misleading the public using false
or deceptive advertising. Each instance of the commission of any of the types of
conduct described in divisions
(a)(9)(a),
(b), (c), (d), (e), (f),
AND (g) of this section is a separate
violation. the rules adopted under division
(a)(9) of this section shall
establish the amount of the forfeiture FOR a violation of each of
those divisions. The forfeiture for a first violation shall not
exceed five thousand dollars, and the forfeiture for a second or
subsequent violation shall not exceed ten thousand dollars. the
amount of the forfeiture may differ among the types of
violations according to what the board considers the
seriousness of each violation. (10) Requirements for the licensing and operation of
crematory facilities; (11) Procedures for the issuance of duplicate licenses. (B) The board may adopt rules governing the
educational standards for licensure as an embalmer or funeral
director and the standards of service and practice to be followed
in embalming and funeral directing and in the operation of
funeral homes, embalming facilities, and crematory facilities in
this state. (C) Nothing in this chapter authorizes the board of embalmers and
funeral directors to regulate cemeteries, except that the board shall license
and regulate crematories located at cemeteries in accordance with this
chapter. Sec. 4717.05. (A) Any person who desires to
be licensed as an embalmer shall apply to the board of embalmers
and funeral directors on a form provided by the board. The
applicant shall include with the application an initial license
fee as set forth in section 4717.07 of the Revised
Code and evidence verified by oath and satisfactory to
the board that the applicant meets all of the following requirements: (1) The applicant is at least eighteen years of age and of good moral
character. (2) If the applicant has pleaded guilty to, has been found by
a judge or jury to be guilty of, or has had a judicial finding
of eligibility for treatment in lieu of conviction entered
against the applicant in this state for aggravated murder,
murder, voluntary manslaughter, felonious assault, kidnapping,
rape, sexual battery, gross sexual imposition, aggravated arson,
aggravated robbery, or aggravated burglary, or has pleaded guilty
to, has been found by a judge or jury to be guilty of, or has
had a judicial finding of eligibility for treatment in lieu of
conviction entered against the applicant in another jurisdiction for
a substantially equivalent offense, at least five years has
elapsed since the applicant was released from incarceration,
probation, parole, or treatment in connection with the offense. (3) The applicant holds at least a bachelor's degree or its
equivalent from a college or university authorized to confer
degrees by the Ohio board of regents or the comparable
legal agency of another state in which the college or university
is located and submits an official transcript from that college or university
with the application. (4) The applicant has satisfactorily
completed at least twelve months of instruction in a prescribed
course in mortuary science as approved by the board, and has
presented to the board a certificate showing successful completion of the
course. The course of mortuary science college training may be completed
either before or after the completion of the educational standard set forth in
division (A)(3) of this section. (5) The applicant has registered with the board prior to beginning an
embalmer apprenticeship. (6) The applicant has satisfactorily completed at least one year
of apprenticeship under an embalmer licensed in this state and
has assisted that person in embalming at least twenty-five dead
human bodies. (7) The applicant, upon meeting the educational
standards provided for in divisions (A)(3) and (4) of
this section and completing the apprenticeship required in division
(A)(6) of this section, has completed the examination for an
embalmer's license required by the board. (B) Upon receiving satisfactory evidence
verified by oath that the applicant meets all the requirements of
division (A) of this section, the board shall issue the
applicant an embalmer's license. (C) Any person who desires to be licensed as a
funeral director shall apply to the board on a form provided by
the board. The application shall include an initial license fee
as set forth in section 4717.07 of the Revised
Code and evidence verified by oath and satisfactory to
the board that the applicant meets all of the following requirements: (1) Except as otherwise provided in division
(D) of this section, the applicant has satisfactorily met all the
requirements for an embalmer's license as described in divisions
(A)(1) to (4) of this section. (2) The applicant has registered with the board prior to beginning a
funeral director apprenticeship. (3) The applicant, following mortuary science college training
described in division (A)(4) of this section, has served a
one-year apprenticeship under a licensed funeral director in this
state and has assisted that person in directing at least
twenty-five funerals. (4) The applicant has satisfactorily completed the examination for
a funeral director's license as required by the board. (D) In lieu of mortuary science college
training required for a funeral
director's license under division (C)(1) of this section,
the applicant may substitute a two-year apprenticeship under a
licensed funeral director in this state assisting that person in
directing at least fifty funerals. (E) Upon receiving satisfactory evidence that
the applicant meets all the requirements of division (C)
of this section, the board shall issue the applicant a funeral
director's license. Sec. 4717.06. (A)(1) Any person who desires to
obtain a license to operate a funeral home, embalming facility,
or crematory facility
shall apply to the board of embalmers and funeral directors on a
form provided by the board. The application shall include the
initial license fee set forth in section 4717.07 of the
Revised Code and proof satisfactory to the board
that the funeral home, embalming facility, or crematory facility
is in compliance with rules adopted by the board under section
4717.04 of the Revised Code, rules adopted by the
board of building standards under Chapter 3781. of the
Revised Code, and all other federal, state, and
local requirements relating to the safety of the premises. (2) if the funeral home, embalming facility, or crematory facility to
which the license application
pertains is owned by a corporation, the application shall
include the name and address of the corporation's statutory
agent appointed under section 1701.07 of the
revised
code or, in the case of a
foreign corporation, the corporation's designated agent
appointed under section 1703.041 of the
revised
code. if the funeral home, embalming facility, or crematory facility
to
which the application pertains is owned by a partnership, the
application shall include the name and address of each of the
partners. if, at any time after the submission of a license
application or issuance of a license, the statutory or
designated agent of a corporation owning a funeral home, embalming facility,
or crematory facility or the
address of the statutory or designated agent changes or, in the
case of a partnership, any of the partners of the funeral
home, embalming facility, or crematory facility or the address of any of the
partners changes, the applicant
for or holder of the license to operate the funeral home, embalming facility,
or crematory facility shall submit written notice to the
board, within thirty days after the change, informing the board of the change
and of any name or
address of a statutory or designated agent or partner that has
changed from that contained in the application for the license
or the most recent notice submitted under division
(a)(2) of this section. (B)(1) The board shall issue a license to
operate a funeral home only for the address at which the funeral
home is operated. The funeral home license and licenses of the embalmers and
funeral directors employed by the funeral home shall be displayed in a
conspicuous place within the funeral home. (2) The funeral home shall have on the premises one of the following: (a) If embalming will take place at the funeral home, an
embalming room that is adequately equipped and maintained. the embalming room
shall be kept in a clean and sanitary manner and used only for the embalming,
preparation, or holding of dead human bodies. The embalming room shall
contain only the articles, facilities, and instruments necessary for those
purposes. (b) If embalming will not take place at the funeral
home, a holding room that is adequately equipped and maintained. The holding
room shall be kept in a clean and sanitary manner and used only for the
preparation, other than embalming, and holding of dead human bodies. the
holding room shall contain only the articles and facilities necessary for
those purposes. (3) Except as provided in division (B) of section 4717.11 Of the Revised Code, a
funeral home shall be established and operated only
under the name of a holder of a funeral director's license issued
by the board who is actually in charge of and ultimately responsible for the
funeral home, and a funeral home license shall not include directional or
geographical
references in the name of the funeral home. The holder of the funeral home
license shall be a funeral director licensed under this chapter who is
actually in charge of and ultimately responsible for
the
funeral home. Nothing in division (B)(3) of this section prohibits
the holder of a funeral home license from including directional or
geographical references in
promotional or advertising materials identifying the location of the funeral
home. (4) Each funeral home shall be directly supervised by a
funeral director licensed under this chapter, who shall supervise
only one funeral home. (C)(1) The board shall issue a license to
operate an embalming facility only for the address at which the
embalming facility is operated. The license shall be displayed
in a conspicuous place within the facility. (2) The embalming facility shall be adequately equipped
and maintained in a sanitary manner. The embalming room at such a facility
shall contain only
the articles, facilities, and instruments necessary for its
stated purpose. The embalming room shall be kept in a clean and sanitary
condition and used only for the care and preparation of dead
human bodies. (3) An embalming facility license shall be issued only
to an embalmer licensed under division (B) of section
4717.05 of the Revised Code, who is actually in
charge of the facility. (D)(1) The board shall issue a license to
operate a crematory facility only for the address at which the crematory
facility is located and operated. The license shall be
displayed in a conspicuous place within the crematory facility. (2) The crematory facility shall be adequately equipped
and maintained in a clean and sanitary manner. The crematory shall contain
only the articles, facilities, and instruments necessary for
carrying out the business of the crematory.
The crematory shall contain a separate area for the
performance of cremation and pulverization of dead human bodies,
human body parts, and animals. If a crematory engages in the
cremation of animals, the crematory shall cremate animals in a
cremation chamber that also is not used to cremate dead human
bodies or human body parts and shall not cremate animals in a
cremation chamber used for the cremation of dead human bodies
and human body parts. Cremation chambers that are used for the
cremation of dead human bodies or human body parts and cremation
chambers used for the cremation of animals may be located in the
same area. (3) A license to operate a crematory facility
shall be issued to a person.
This section does not require the individual who
is actually in charge of the crematory facility to be an embalmer or funeral
director licensed under this chapter. (4) Nothing in this section or rules adopted under section 4717.04 Of the Revised Code
precludes the establishment and operation of a crematory facility on or
adjacent to the property on which a cemetery, funeral home, or embalming
facility is located. Sec. 4717.07. (A) The board of embalmers and
funeral directors shall charge and collect the following fees: (1) For the issuance of an initial embalmer's or funeral
director's license, five dollars; (2) For the issuance of an embalmer or funeral director registration,
twenty-five dollars; (3) For filing an embalmer or funeral director certificate of
apprenticeship, ten dollars; (4) For the application to take the examination for a
license to practice as an embalmer or funeral director, or to
retake a section of the examination, thirty-five dollars; (5) For the renewal of an embalmer's or funeral
director's license, thirty dollars; (6) For the issuance and renewal of a license to
operate a funeral home, one hundred twenty-five dollars; (7) For the reinstatement of a lapsed embalmer's or
funeral director's license, the renewal fee prescribed in division
(A)(5) of this section plus fifty dollars for each month or
portion of a month the license is lapsed until reinstatement; (8) For the reinstatement of a lapsed license to
operate a funeral home, the renewal fee prescribed in division (A)(6)
of this section plus fifty dollars for each month or portion of a month the
license is lapsed until reinstatement; (9) For the issuance and renewal of a license to
operate an embalming facility, one hundred dollars; (10) For the reinstatement of a lapsed license to
operate an embalming facility, the renewal fee prescribed in division
(A)(9) of this section plus fifty dollars for each month or
portion of a month the license is lapsed until reinstatement; (11) For the issuance and renewal of a license to
operate a crematory facility, one hundred dollars; (12) For the reinstatement of a lapsed license to
operate a crematory facility, the renewal fee prescribed in division
(A)(11) of this section plus fifty dollars for each month or
portion of a month the license is lapsed until reinstatement; (13) For the issuance of a duplicate of a license issued under this
chapter, four dollars. (B) In addition to the fees set forth in
division (A) of this section, an applicant shall pay the
examination fee assessed by any examining agency the board uses
for any section of an examination required under this chapter. (C) Subject to the approval of the controlling
board, the board of embalmers and funeral directors may establish
fees in excess of the amounts set forth in this section, provided
that these fees do not exceed the amounts set forth in this
section by more than fifty per cent. Sec. 4717.08. (A) Every license
issued under this chapter expires on the last day of
December of the year of its issuance and shall be renewed
on or before that date according to the standard license renewal
procedure set forth in Chapter 4745. of the
Revised Code. Licenses not
renewed by the last day of December are lapsed. (B) A holder of a lapsed license to operate a
funeral home, license to operate an embalming facility, or
license to operate a crematory facility may reinstate the
license with the board by paying the lapsed
license fee established under section 4717.07 of
the Revised Code. (C) A holder of a lapsed embalmer's or funeral
director's license may reinstate the license with the board by
paying the lapsed license fee established under section 4717.07
of the Revised Code, except that if the license
is lapsed for more than one hundred eighty days after its expiration date, the
holder also shall take and pass the Ohio
laws examination for each license as a condition for
reinstatement. Sec. 4717.09. (A) Every two years, licensed
embalmers and funeral directors shall attend between twelve and
thirty hours of educational programs as a condition for renewal
of their licenses. The board of embalmers and funeral directors shall
determine, by rule, the educational programs that meet the
continuing education requirements and the number of hours a
licensee shall attend. (B) A person holding both an embalmer's license
and a funeral director's license need meet only the continuing
education requirements established by the board for one or the
other of those licenses in order to satisfy the requirement of
division (A) of this section. (C) The board shall not renew the license of a licensee who fails
to meet the continuing
education requirements of this section and who has not been
granted a waiver or exemption under division (D) of this
section. (D) Any licensee who fails to meet the
continuing education requirements of this section because of
undue hardship or disability, or who is not actively engaged in
the practice of funeral directing or embalming in this state, may
apply to the board for a waiver or an exemption. The board shall
determine, by rule, the procedures for applying for a waiver or
an exemption from continuing education requirements under this
section and under what conditions a waiver or an exemption may be
granted. Sec. 4717.10. The board of embalmers and funeral
directors may recognize licenses issued to embalmers and funeral
directors by other states, and upon presentation of such
licenses, may issue to the holder an embalmer's or funeral
director's license under this chapter. The board shall charge
the same fee as prescribed in section 4717.07 of the
Revised Code to issue or renew such an embalmer's
or funeral director's license. Such licenses shall be renewed
annually as provided in section 4717.08 of the Revised
Code. The board shall not issue a license to any person
under this section unless the applicant proves that the applicant, in
the state in which the applicant is licensed, has complied with requirements
substantially equal to those established in section 4717.05 of
the Revised Code. Sec. 4717.11. (A) A person who is licensed to operate a funeral
home shall obtain a new license upon any change in location of the funeral
home or any change in ownership of the funeral business that owns the funeral
home that results in a majority of the ownership of the funeral business being
held by one or more persons who solely or in combination with others did not
own a majority of the funeral business immediately prior to the change in
ownership. The person licensed to operate the funeral
home shall surrender the current license to the board within
thirty days after any such change occurs. If a funeral home is sold, the new
owner shall apply for a
license within thirty days after the date of the closing of the purchase of
the funeral home. (B) When the funeral director who is licensed to
operate a funeral home dies or otherwise ceases to operate the home, the
funeral home may continue to
operate under that person's name, provided that the name of the
new person licensed to operate the funeral home is added to the
license within twenty-four months after the previous license
holder dies or otherwise ceases to operate the funeral home.
The new licensee shall meet the requirements of
section 4717.06 of the Revised Code. (C) A person who is licensed to operate an embalming facility
shall obtain a new license upon any change in location of the embalming
facility or any change in ownership of the business entity that owns the
embalming facility that results in a majority of the ownership of the business
entity being held by one or more persons who solely or in combination with
others did not own a majority of the business entity immediately prior to the
change in ownership. The person licensed to operate the facility shall
surrender the
current license to the board within thirty days after any such change occurs. (D) A person who is
licensed to operate a crematory facility shall obtain a new
license upon any change in location of the crematory facility or any change in
ownership of the business entity operating the facility that results in a
majority of the ownership of the business entity being held by one or more
persons who solely or in combination with others did not own a majority of the
business entity immediately prior to the change in ownership. The person
licensed to operate the crematory
facility shall surrender the current license to the board
within thirty days after any such change occurs. Sec. 4717.12. (A) The following persons are
exempt from the provisions of this chapter: (1) An officer or employee of the department of health or any board of
health,
who, in compliance with rules or orders of the department of health or board
of health, is
preparing the body of a person whose death was caused by a
virulent communicable disease; (2) An officer, employee, or licensed physician of a medical college,
when any of these are acting on behalf of a medical college; (3) Any person carrying out sections 1713.34 to 1713.39
of the Revised Code, prescribing the conditions
under which the bodies of indigent persons are held subject for
anatomical study. (B) This chapter does not prevent or interfere
with any of the following: (1) The ceremonies, customs, religious rights, or
religion of any people, denomination, or sect; (2) Any religious denomination or sect, or any body
composed of members of a denomination; (3) Any church or synagogue committee in preparing dead
human bodies for burial; (4) The conducting of funerals and the burial of dead human
bodies in accordance with the ceremonies or rights described in
division (B) of this section without the use, employment,
or supervision of a licensed embalmer or funeral director, except
when the body is that of a person whose death was caused by a
virulent communicable disease, in which case the rules of the
department of health or board of health having territorial jurisdiction shall
apply. Sec. 4717.13. (A) No person shall do any of
the following: (1) Engage in the business or profession of funeral
directing unless the person is licensed as a funeral director under this
chapter, is certified as an apprentice funeral director in accordance with
rules adopted under section 4717.04 Of the Revised Code and is assisting a funeral director
licensed under this chapter, or is a student in a college of mortuary sciences
approved by the board and is under the direct supervision of a funeral
director licensed by the board; (2) Engage in embalming unless the person is licensed as an embalmer under
this chapter, is certified as an apprentice embalmer in accordance with rules
adopted under section 4717.04 Of the Revised Code and is assisting an embalmer licensed under
this chapter, or is a student in a college of
mortuary science approved by the board and is under the
direct supervision of an embalmer licensed by the board; (3) Advertise or otherwise offer to provide or convey
the impression that the person provides funeral directing services
unless the person is licensed as a funeral director under this chapter
and is employed by or under contract to a licensed funeral home
and performs funeral directing services for that funeral home in
a manner consistent with the advertisement, offering, or
conveyance; (4) Advertise or otherwise offer to provide or convey
the impression that the person provides embalming services unless
the person is licensed as an embalmer under this chapter and is employed
by or under contract to a licensed funeral home or a licensed
embalming facility and performs embalming services for the
funeral home or embalming facility in a manner consistent with
the advertisement, offering, or conveyance; (5) Operate a funeral home without a license to operate
the funeral home issued by the board under this chapter; (6) Practice the business or profession of funeral
directing from any place except from a funeral home that a person
is licensed to operate under this chapter; (7) Practice embalming from any place except from a
funeral home or embalming facility that a person is licensed to
operate under this chapter; (8) Operate a crematory or perform cremation without
a license to operate the crematory issued under this chapter; (9) Cremate animals in a cremation chamber in which dead human bodies or
body parts are cremated or cremate dead human bodies or human body parts in a
cremation chamber in which animals are cremated. (B) No funeral director
or other person in charge of the final disposition of a dead
human body shall fail to do
one of the following prior to the interment of the body: (1) affix to the ankle or wrist of the deceased a tag
encased in a durable and long-lasting material that contains the
name, date of birth, date of death, and social security number
of the deceased; (2) Place in the casket a capsule containing a tag bearing the information
described in division (B)(1) of
this section; (3) If the body was cremated, place in the vessel
containing the cremated remains a tag bearing the information described in
division
(B)(1) of this section. (C) No person who holds
a funeral home license for a funeral home that is closed,
or that is owned by a funeral business in which changes in the ownership of
the funeral business result in a majority of the ownership of the funeral
business being held by one or more persons who solely or in combination with
others did not own a majority of the funeral business immediately prior to the
change in ownership, shall fail to submit to the
board within thirty days after the closing or such a change in
ownership of the funeral business owning the funeral home, a clearly
enumerated
account of
all of the following from which the licensee, at the time of the closing or
change in ownership of the funeral business and in connection with the
funeral home, was to receive payment for providing funeral
services, funeral goods, or any combination of those in
connection with the funeral or final disposition of a dead human
body: (1) preneed funeral contracts governed by section 1107.33
of the revised
code; (2) life insurance policies the benefits of which are
payable to the provider of funeral or burial goods or services; (3) accounts at banks or savings banks insured by the
federal deposit insurance corporation, savings and loan
associations insured by the federal savings and loan insurance
corporation or the ohio deposit
guarantee fund, or credit unions insured by the national credit
union administration or a credit union share guaranty
corporation organized under Chapter 1761. of the Revised
Code
that are payable upon the death of the person for whose benefit
deposits into the accounts were made. Sec. 4717.14. (A) The board of embalmers and funeral directors
may refuse to grant or renew, or may suspend or revoke, any license issued
under this chapter for any of the following reasons: (1) The license was obtained by fraud or
misrepresentation either in the application or in passing the
examination. (2) The applicant or licensee has been convicted of or
has pleaded guilty to a felony or of any crime involving moral
turpitude. (3) The applicant or licensee has
purposely violated any provision of sections 4717.01 to 4717.15 or a rule
adopted under any of those sections; division (A) or (B) of
section 4717.23; division (B)(1) or (2), (C)(1) or (2),
(D), (E), or (F)(1) or (2), or divisions
(H)
to (K) of section 4717.26; division (D)(1) of section
4717.27; or divisions (A) to (C) of section 4717.28
Of the Revised Code; any rule or order of the department of health or a board of health
of a health district governing the disposition of dead human bodies; or any
other rule or order applicable to the applicant or licensee. (4) The applicant or licensee has
committed immoral or unprofessional conduct. (5) The applicant or licensee knowingly permitted an
unlicensed person, other than a person serving an apprenticeship,
to engage in the profession or business of embalming or funeral
directing under the applicant's or licensee's supervision. (6) The applicant or licensee has been
habitually intoxicated, or is addicted to the use
of morphine, cocaine, or other habit-forming or illegal drugs. (7) The applicant or licensee has
refused to promptly submit the custody of a
dead human body upon the express order of the person legally
entitled to the body. (8) The licensee loaned the licensee's own
license, or the applicant or licensee
borrowed or used the license of another person, or knowingly aided
or abetted the granting of an improper license. (9) The applicant or licensee transferred a license to
operate a funeral home, embalming facility, or crematory from one owner or
operator to another, or
from one location to another, without notifying the board. (10) The applicant or licensee mislead the public by
using false or deceptive advertising. (B)(1) The board of embalmers and funeral directors shall refuse
to grant or renew, or shall suspend or revoke, an embalmer's, funeral
director's, funeral
home, or embalming facility license only in accordance with
Chapter 119. of the Revised Code. (2) The board shall send to the crematory review board written notice that
it proposes to refuse to issue or renew, or proposes to suspend or revoke, a
license to operate a crematory facility. If, after the conclusion of the
adjudicatory hearing on the matter conducted under division (E) of
section 4717.03 of the Revised Code, the board of embalmers
and funeral directors finds that any of the circumstances described
in divisions (A)(1) to (10) of
this section apply to the person named in its proposed action,
the board may issue a final order under division
(E) of section 4717.03 of the Revised
Code refusing to issue or
renew, or suspending or revoking, the person's license to
operate a crematory facility. (C) If the board of embalmers and funeral directors determines
that there is clear and convincing evidence that
any of the circumstances described in divisions
(A)(1) to (10) of this section
apply to the holder of a license issued under this chapter and that the
licensee's continued practice presents a danger
of immediate and serious harm to the public, the board may
suspend the licensee's license without a prior adjudicatory
hearing. the executive director of the board shall prepare
written allegations for consideration by the board. the board, after reviewing the written allegations, may
suspend a license without a prior hearing. the board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the revised
code. such an order is not
subject to suspension by the court during THE pendency of any
appeal filed under section 119.12 of the
Revised Code. If the holder of an embalmer's, funeral
director's, funeral home, or embalming facility license requests an
adjudicatory hearing by the board, the date set for the hearing shall be
within fifteen days, but not earlier than seven
days, after the licensee has requested a hearing, unless
the board and the licensee agree to a different time for holding the
hearing. Upon issuing a written order of suspension to the holder
of a license to operate a crematory facility, the board of
embalmers and funeral directors shall send written notice of the
issuance of the order to the crematory review board. The
crematory review board shall hold an adjudicatory hearing on the
order under division (E) of section 4713.03 Of the Revised Code within fifteen days,
but not earlier than seven days, after the
issuance of the order, unless the crematory review board and the licensee
agree to a different time for holding the adjudicatory hearing. Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicatory order issued by the board of embalmers and funeral directors
pursuant to this division and Chapter 119. of the Revised
Code, or division (E) of section 4717.03 Of the Revised Code, as
applicable, becomes effective. The board of embalmers and funeral directors
shall issue its final adjudicatory order within sixty days
after the completion of its hearing or, in the case of the summary suspension
of a license to operate a crematory facility, within sixty days after
completion of the adjudicatory hearing by the crematory review board. A
failure to issue the
order within that time results in the dissolution of the summary
suspension order, but does not invalidate any subsequent final
adjudicatory order. (D) Any holder of a
license issued under this chapter who has pleaded guilty to, has
been found by a judge or jury to be guilty of, or has had a
judicial finding of eligibility for treatment in lieu of
conviction entered against the individual in this state for
aggravated murder, murder, voluntary manslaughter, felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary, or who has pleaded guilty to, has been found by a
judge or jury to be guilty of, or has had a judicial finding of
eligibility for treatment in lieu of conviction entered against
the individual in another jurisdiction for any substantially
equivalent criminal offense, is hereby suspended from practice
under this chapter by operation of law, and any license issued
to the individual under this chapter is hereby suspended by
operation of law as of the date of the guilty plea, verdict or
finding of guilt, or judicial finding of eligibility for
treatment in lieu of conviction, regardless of whether the
proceedings are brought in this state or another jurisdiction.
the board shall notify the suspended individual of the
suspension of the individual's license by the operation of this
division by certified mail or in person in accordance with
section 119.07 of the revised
code. if an individual whose
license is suspended under this division fails to make a timely
request for an adjudicatory hearing, the board shall enter a
final order revoking the license. (E) No person whose license has been suspended
or revoked under or by the operation of this section shall practice embalming
or funeral directing or operate a funeral home, embalming facility, or
crematory facility until
the board has reinstated the person's license. Sec. 4717.15. (A) The board of embalmers and funeral
directors, without the necessity for conducting a prior adjudication hearing,
may issue a notice of violation to the holder of an embalmer's,
funeral director's, funeral home, or embalming facility license issued under
this chapter who the board finds has committed any of the violations described
in divisions (A)(9)(a)
to (g) of section 4717.04 of the
Revised Code. The notice shall set
forth the specific violation committed by the licensee and shall be sent by
certified mail. The notice shall be accompanied by an order requiring the
payment of the appropriate forfeiture prescribed in rules adopted under
division (A)(9) of section 4717.04 Of the Revised Code and by a notice informing the
licensee that the licensee is entitled to an adjudicatory hearing on the
notice of violation and order if the licensee requests a hearing and if the
board receives the request within thirty days after the mailing of the notice
of violation and order. The board shall conduct any such adjudicatory hearing
in accordance with Chapter 119. Of the Revised Code, except as otherwise provided in
this division. A licensee who receives a notice of violation and
order under this division shall pay to the executive director of
the board the full amount of the forfeiture by certified check within thirty
days after the notice of violation and order were mailed to the licensee
unless, within that time, the licensee
submits a request for an adjudicatory hearing on the notice of violation and
order. If such a request for an adjudicatory hearing is timely filed, the
licensee need not pay the forfeiture
to the executive director until after a final, nonappealable
administrative or judicial decision is rendered on the order requiring payment
of the forfeiture. If a final nonappealable administrative or judicial
decision is rendered affirming the board's order, the licensee
shall pay to the executive director of the board the full
amount of the forfeiture by certified check within thirty days after
notice of the decision was sent to the licensee. a forfeiture is
considered to be paid when the licensee's certified check is
received by the executive director in Columbus. if the licensee
fails to so pay the full amount of the forfeiture to the
executive director within that time, the board shall issue an
order suspending or revoking the individual's license, as the
board considers appropriate. (B) The board shall send
to the crematory review board written notice that it proposes to
issue to the holder of a license to operate a crematory facility
issued under this chapter a notice of violation and order
requiring payment of a forfeiture specified in rules adopted
under division (A)(9) of
section 4717.04 of the Revised
Code. If, after the conclusion
of the adjudicatory hearing on the matter conducted under
division (E) of section 4717.03 of the Revised
Code, the board of embalmers
and funeral directors finds that the licensee has committed any
of the violations described in divisions (A)(9)(a)
to (g) of section 4717.04 of
the Revised Code in connection with the
operation of a crematory facility or cremation, the board of
embalmers and funeral directors may issue a final order under
division (E) of section 4717.03
of the Revised
Code requiring payment of the
appropriate forfeiture specified in rules adopted under division
(A)(9) of section 4717.04 of the Revised
Code. A licensee who receives
such an order shall pay the full amount of the forfeiture to the
executive director by certified check within thirty days after
the order was sent to the licensee unless, within that time, the
licensee files a notice of appeal in accordance with division
(E) of section 4717.03 and
section 119.12 of the Revised
Code. If such a notice of
appeal is timely filed, the licensee need not pay the forfeiture
to the executive director until after a final, nonappealable
judicial decision is rendered in the appeal. If a final,
nonappealable judicial decision is rendered affirming the
board's order, the licensee shall pay to the executive director
the full amount of the forfeiture by certified check within
thirty days after notice of the decision was sent to the
licensee. A forfeiture is considered paid when the licensee's
certified check is received by the executive director in
Columbus. If the licensee
fails to so pay the full amount of the forfeiture to the
executive director within that time, the board shall issue an
order suspending or revoking the individual's license, as the
board considers appropriate. Sec. 4717.20 4717.16. On receipt of a notice pursuant to
section 2301.373 of the Revised Code, the board of embalmers and funeral
directors shall comply with that section with respect to a license issued
pursuant to this chapter. Sec. 4717.20. As used in sections 4717.20 to 4717.30 Of the Revised Code: (A) "Alternative container"
means a receptacle, other than a casket, in which a dead human body or body
parts are transported to a crematory facility and placed in the cremation
chamber for cremation, and that meets all of the following requirements: (1) Is composed of readily combustible materials that are suitable for
cremation; (2) May be closed in order to provide a complete covering for the dead
human body or body parts; (3) Is resistant to leakage or spillage; (4) Is sufficiently rigid to be handled readily; (5) Provides protection for the health and safety of crematory
personnel. (B) "Authorizing agent" means
the person or persons identified in section 4717.21 or 4717.22 Of the Revised Code who are
entitled to order the cremation of a decedent or body parts and
to order the final disposition of the cremated remains of a decedent or body
parts. (C) "Body parts" means limbs or other portions of the anatomy
that are removed from a living person for medical purposes during biopsy,
treatment, or surgery. "Body parts" also includes dead human bodies that have
been donated to science for purposes of medical education or research and any
parts of such a dead human body that were removed for those purposes. (D) "Burial or burial-transit permit" means
a burial permit or burial-transit permit issued under section 3705.17 Of the Revised Code or
the laws of another state that are substantially similar to that
section. (E) "Casket" means a rigid
container that is designed for the encasement of a dead human body and that is
constructed of wood, metal, or another rigid material, is ornamented and lined
with fabric, and may or may not be combustible. (F) "Temporary container" means
a receptacle for cremated remains composed of cardboard, plastic, metal, or
another material that can be closed in a manner that prevents the leakage or
spillage of the cremated remains and the entrance of foreign material, and
that is of sufficient size to hold the cremated remains until they are placed
in an
urn or scattered. (G) "Urn" means a receptacle designed to encase cremated remains
permanently. Sec. 4717.21. (A) Any person, on an
antemortem basis, may serve as the person's own authorizing agent, authorize
the person's own cremation, and specify the arrangements for the final
disposition of the person's own cremated remains by executing an antemortem
cremation authorization form. A guardian, custodian, or other personal
representative who is authorized by law or contract to do so on behalf of a
person, on an antemortem basis, may authorize the cremation of the person and
specify the arrangements for the final disposition of the person's cremated
remains by executing an antemortem cremation authorization form on the
person's
behalf. Any such antemortem cremation authorization form also shall be signed
by one witness. The original copy of the executed authorization form shall be
sent to the operator of the crematory facility being authorized to conduct the
cremation, and a copy shall be retained by the person who executed the
authorization form. The person who executed an antemortem cremation
authorization form may revoke the authorization at any time by providing
written notice of the revocation to the operator of the crematory facility
named in the authorization form. The person who executed the authorization
form may
transfer the authorization to another crematory facility by providing written
notice to the operator of the crematory facility named in the original
authorization of the revocation of the authorization and, in accordance with
this division, executing a new antemortem cremation authorization form
authorizing the operator of another crematory facility to conduct the
cremation. (B) Each antemortem cremation authorization form shall specify
the final disposition that is to be made of the cremated remains. (C) When the operator of a crematory
facility is in possession of a cremation authorization form that has been
executed on an antemortem basis in accordance with this section, the other
conditions set forth in division (A) of section 4717.23 Of the Revised Code
have been met, the crematory facility has possession of the decedent to
which
the antemortem authorization pertains, and the crematory facility has received
payment for the cremation of the decedent and the final disposition of the
cremated remains of the decedent or is otherwise assured of payment for those
services, the
crematory facility shall cremate the decedent and dispose of the cremated
remains in accordance with the instructions contained in the antemortem
cremation authorization form, unless a person identified as being entitled to
act as the authorizing agent for the cremation of the decedent in the absence
of the antemortem authorization under divisions (A)(1) or
(A)(4) to (8) of
section
4717.22 Of the Revised Code has modified, in writing, the arrangements for the final
disposition of the
cremated remains of the decedent or has canceled the cremation and made
alternative arrangements for the final disposition of the decedent's body. (D) An antemortem cremation
authorization form executed under division (A)
of this section does not constitute a contract for conducting the cremation of
the person named in the authorization form or for the final disposition of the
person's cremated remains. Despite the existence of such an antemortem
cremation authorization, a person identified under divisions (A)(1)
or (A)(4)
to (8) of
section 4717.22 Of the Revised Code as being entitled to act as the
authorizing
agent for the cremation of the decedent named in the antemortem authorization,
in the descending order of
priority in which they are listed, may modify, in writing, the
arrangements for
the final disposition of the cremated remains of the decedent set forth in the
authorization form or may cancel the cremation and claim the decedent's body
for
purposes of making alternative arrangements for the final disposition of the
decedent's body. The revocation of an antemortem cremation authorization
form executed under division (A) of this section, or
the cancellation of the cremation of the person named in the antemortem
authorization or modification of the arrangements for the final disposition of
the person's cremated remains as authorized by this division, does not affect
the validity or enforceability of any contract entered into for the cremation
of the person named in the antemortem authorization or for the final
disposition of the person's cremated remains. (E) Nothing in this section applies to
any antemortem cremation authorization form executed prior to the effective
date of this section. Any cemetery, funeral home, crematory facility, or
other
party may specify, with the written approval of the person who executed the
antemortem
authorization, that such an antemortem authorization is subject to
sections 4717.21 to 4717.30 Of the Revised Code. Sec. 4717.22. (A) The following persons, in the descending order
of
priority listed below, may serve as an authorizing agent for the cremation of
a
dead human body, including, without limitation, a dead human body that was
donated to science for purposes of medical education or research: (1) The spouse of the decedent at the time of the decedent's death; (2) Any person acting on the instructions of a decedent who authorized
the decedent's own cremation by executing an antemortem cremation
authorization form in accordance with section 4717.21 Of the Revised Code; (3) A person serving as the executor or legal representative of the
decedent's estate who is acting in accordance with the decedent's written
instructions for the final disposition of the decedent's body; (4) The decedent's surviving adult children. If the decedent is
survived by more than one adult child, any of them who states on the cremation
authorization form authorizing the cremation of the decedent executed in
accordance with section 4717.24 Of the Revised Code that all of the
decedent's other adult children have been notified of the decedent's
death and of the plans to cremate the decedent and that none of them have
expressed an objection to the cremation may serve as the authorizing
agent. (5) The decedent's surviving parent or, if the decedent was
under eighteen years of age at death, a surviving parent or the guardian or
custodian of
the decedent. if the decedent is survived by both parents, either of them may
serve as the authorizing agent by stating on the cremation authorization form
authorizing the cremation of the decedent executed in accordance with section
4717.24 Of the Revised Code that the other parent has been notified of the
decedent's death and of the plans to cremate the decedent and that the other
parent expressed no objection to the cremation. (6) The person in the next degree of kinship to the decedent in the
order named in section 2105.06 Of the Revised Code to inherit the estate of the decedent if
the decedent had died intestate. If there is more than one person of that
degree of kinship, any of them may serve as the authorizing agent. (7) If the decedent was an indigent person or other person
the final disposition of whose body is the responsibility of this state or a
political subdivision of this state, the public officer or employee
responsible for arranging the final disposition of the decedent's body; (8) In the case of an individual who has donated the individual's
body to science for purposes of medical education or research, or whose death
occurred in a nursing home, rest home, or home for the aging licensed under
Chapter 3721. Of the Revised Code, an adult care facility licensed under
Chapter 3722. Of the Revised Code, or a hospital registered under section 3701.07
Of the Revised Code, and who has executed an antemortem cremation
authorization form in accordance with section 4717.21 Of the Revised Code in which the
medical education or research facility, nursing home, rest home,
home for the aging, adult care facility, or hospital is designated to make
arrangements for the final disposition of the decedent's body, a
representative
of that facility or institution; (9) In the absence of any of the parties named in divisions
(A)(1) to (8) of this section, any person
willing to assume the responsibility of an authorizing agent under sections
4717.23 to 4717.30 Of the Revised Code. (B) If body parts were removed
from a living person, the person from whom the body parts were removed or the
guardian, custodian, or other personal representative of the person from whom
the body parts were removed who is authorized by law or contract to arrange
for
the disposition of the body parts may serve as the authorizing agent for the
cremation of the body parts. (C) If body parts were removed
from a decedent whose body was donated to science for purposes of medical
education or research, the medical education or research facility to which the
decedent's body was donated may serve as the authorizing agent for the
cremation of the body parts. Sec. 4717.23. (A) No operator of a crematory facility
shall cremate or allow the cremation at a crematory facility the operator is
licensed to operate under this chapter of a dead human body, other than one
that was donated to science for purposes of medical education or research,
until all of the following have occurred: (1) A period of at least twenty-four hours has elapsed since the
decedent's
death as indicated on a complete, nonprovisional death certificate filed under
section 3705.16 Of the Revised Code or under the laws of another state that
are substantially equivalent to that section, unless, if the decedent died
from a
virulent communicable disease, the department of health or board of health
having territorial jurisdiction where the death of the decedent occurred
requires by rule or order the cremation to occur prior to the end of that
period; (2) The operator has received a burial or burial-transit permit that
authorizes the cremation of the decedent; (3) The operator has received a completed cremation authorization form
executed pursuant to section 4717.21 or 4717.24 Of the Revised Code, as
applicable, that authorizes the cremation of the decedent. A blank
cremation
authorization form shall be provided by the operator and shall comply with
section 4717.24 Of the Revised Code and, if applicable, section 4717.21 Of the Revised Code. (4) The operator has received any other documentation required by this
state or a political subdivision of this state. (B) No operator of a crematory facility
shall cremate or allow the cremation of any body parts, including, without
limitation, dead human bodies that were donated to science for purposes of
medical research or education, at a crematory facility the operator is
licensed
to operate in this state until both of the following have occurred: (1) The operator has received a completed cremation authorization form
executed pursuant to section 4717.25 Of the Revised Code or, if the decedent
has executed an antemortem cremation
authorization form in accordance with section 4717.21 Of the Revised Code and has donated
the decedent's body to science for purposes of medical
education or research, such an antemortem cremation authorization form; (2) The operator has received any other documentation required by this
state or a political subdivision of this state. Sec. 4717.24. (A) A cremation authorization form authorizing the
cremation of a dead human body, other than one that was donated to science for
purposes of medical education or research, shall include at
least all of the following information and statements: (1) The identity of the decedent; (2) The name of the funeral director or other individual who obtained
the burial or burial-transit permit authorizing the cremation of the
decedent; (3) The name of the authorizing agent and the relationship of the
authorizing agent to the decedent; (4) A statement that the authorizing agent in fact has the right to
authorize cremation of the decedent and that the authorizing agent does not
have actual knowledge of the existence of any living person who has a superior
priority right to act as the authorizing agent under section 4717.22 Of the Revised Code. If
the person executing the cremation authorization form knows of another
living person who has such a superior priority right, the authorization form
shall include a statement indicating that the person executing the
authorization form has made reasonable efforts to contact the person having
the
superior priority right and has been unable to do so and that the person
executing the authorization form has no reason to believe that the person
having the superior priority right would object to the cremation of the
decedent. (5) A statement of whether the authorizing agent has actual knowledge
of the presence in the decedent of a pacemaker, defibrillator, or any other
mechanical or radioactive device or implant that poses a hazard to the health
or safety of personnel performing the cremation; (6) A statement indicating the crematory facility is to
cremate the casket or alternative container in which the decedent was
delivered
to or accepted by the crematory facility; (7) A statement of whether the crematory facility is authorized to
simultaneously cremate the decedent in the same cremation chamber with one or
more other decedents who were related to the decedent named in the cremation
authorization form by consanguinity or affinity or who, at any time during the
one-year period preceding the decedent's death, lived with the decedent in a
common law marital relationship or otherwise cohabited with the decedent. A
cremation authorization form executed under this section shall not authorize
the simultaneous cremation of a decedent in the same cremation chamber with
one or more other decedents except under the circumstances described in the
immediately preceding sentence. (8) The names of any persons designated by the authorizing agent to be
present in the holding facility or cremation room prior to or during the
cremation of the decedent or during the removal of the cremated remains from
the cremation chamber; (9) The authorization for the crematory facility to cremate the decedent
and to process or pulverize the cremated remains as is the practice at the
particular crematory facility; (10) A statement of whether it is the crematory facility's
practice to return all of the residue removed from the cremation chamber
following the cremation or to separate and remove foreign matter from the
residue before returning the cremated remains to the authorizing agent or the
person designated on the authorization form to receive the cremated remains
pursuant to division (A)(11) of this section; (11) The name of the person who is to receive the cremated remains of
the decedent from the crematory facility; (12) The manner in which the final disposition of the cremated remains
of the decedent is to occur, if known. if the cremation authorization form
does not specify the manner of the final disposition of the cremated remains,
it shall indicate that the cremated remains will be held by the crematory
facility for thirty days after the cremation, unless, prior to the end of that
period, they are picked up from the crematory facility by the person
designated
on the cremation authorization form to receive them, the authorizing agent,
or, if applicable, the funeral director who obtained the burial or
burial-transit permit for the
decedent, or are delivered or shipped by the operator of the crematory
facility
to one of those persons. the authorization form shall indicate that If no
instructions for the final disposition are provided on the authorization form
and that if no arrangements for final disposition have been made within the
thirty-day period, the crematory facility may return the cremated remains to
the authorizing agent. the authorization form shall further indicate that if
no arrangements for the final disposition of the cremated remains have been
made within sixty days after the completion of the cremation and if the
authorizing agent has not picked them up or caused them to be picked up within
that period, the operator may dispose of them in accordance with division
(C) of section 4717.27 Of the Revised Code. (13) A listing of the items of value to be delivered to the crematory
facility along with the dead human body, if any, and instructions regarding
how those items are to be handled; (14) A statement of whether the authorizing agent has made
arrangements for any type of viewing of the decedent or for a service with the
decedent present prior to the cremation and, if so, the date, time, and place
of the service; (15) A statement of whether the crematory facility may proceed with
the cremation at any time after the conditions set forth in division
(A) of
section 4717.23 Of the Revised Code have been met and the decedent has been received at the
facility; (16) The certification of the authorizing agent to the effect that all
of the information and statements contained in the authorization form are
accurate; (17) The signature of a funeral director licensed under this chapter, or
another individual, as a witness. If a licensed funeral director signs the
authorization form as a witness, the funeral director is responsible for
verifying the
accuracy of the information and statements required under divisions
(A)(1) and (2) of this section, but is
not responsible for verifying the accuracy of any of the other information or
statements
provided on the authorization form by the authorizing agent, unless the
funeral
director has actual knowledge to the contrary regarding any of the other
information or statements. In addition, at the time the decedent is delivered
to the crematory facility, the funeral director shall certify that the dead
human body delivered to the crematory facility is that of the decedent
identified on the authorization form and shall certify that the responsibility
imposed on the funeral director by division (B) of section 4717.29
Of the Revised Code has been carried out. If an individual other than a licensed
funeral director signs the authorization form as a witness, the individual is
not responsible for the accuracy of any of the information or statements
provided on the authorization form, unless the individual has actual knowledge
to the contrary regarding any of the information or statements provided by the
authorizing agent. (B) An authorizing agent who is not
available to execute a cremation authorization form in person may designate
another individual to serve as the authorizing agent by providing to the
operator of the
crematory facility where the cremation is to occur a written designation,
acknowledged before a notary public or other person authorized to administer
oaths, authorizing that other individual to serve
as the authorizing agent, or by sending to the operator a facsimile
transmission of the written
designation that has been so acknowledged. any such written designation shall
contain the name of the decedent, the name and address of the authorizing
agent, the relationship of the authorizing agent to the decedent, and the name
and address of the individual who is being designated to serve as the
authorizing agent. upon receiving such a written designation or a facsimile
transmission of such a written designation, the operator shall permit the
individual named in the written designation to serve as the authorizing agent
and to execute the cremation authorization form authorizing the cremation of
the decedent named in the written designation. (c) an authorizing agent who signs a
cremation authorization form under this section is hereby deemed to warrant
the
accuracy of the information and statements contained in the authorization
form,
including the person's authority to authorize the cremation. (d) at any time after executing a
cremation authorization form and prior to the beginning of the cremation
process, the authorizing agent who executed the cremation authorization form
under division (A) or (B) of this section may, in writing,
modify the arrangements for the final disposition of the cremated remains of
the decedent set forth in the authorization form or may, in writing, revoke
the authorization, cancel the cremation, and claim the decedent's body for
purposes of making alternative arrangements for the final disposition of the
decedent's body. The operator of a crematory facility shall cancel the
cremation if the operator receives such a revocation before beginning the
cremation. (e) a cremation authorization form
executed under this section does not constitute a contract for conducting the
cremation of the decedent named in the authorization form or for the final
disposition of the cremated remains of the decedent. the revocation of a
cremation authorization form or modification of the arrangements for the final
disposition of the cremated remains of the decedent pursuant to division
(d) of this section does not affect the
validity or enforceability of any contract for the cremation of the decedent
NAMED in the authorization form or for the final disposition of the cremated
remains of the decedent. Sec. 4717.25. (A) A cremation authorization form authorizing the
cremation of any body parts, including, without limitation, dead human bodies
that were donated to science for purposes of medical education or research
shall include at least all of the following information and statements, as
applicable: (1) the identity of the decedent whose body was donated to science for
purposes of medical education or research or the identity of the living person
or such a decedent from whom the body parts were removed; (2) the name of the authorizing agent and the relationship of the
authorizing agent to the decedent or the living person from whom the body
parts were removed; (3) a statement that the authorizing agent in fact has the right to
authorize the cremation of the decedent or the body parts removed from the
decedent or living person and a description of the basis of the person's right
to execute the cremation authorization form; (4) A statement of whether the crematory facility is authorized to
simultaneously cremate the decedent or body parts removed from the decedent or
living person with one or more other decedents whose bodies were donated to
science for purposes of medical education or research or with body parts
removed from one or more other decedents or living persons; (5) The authorization for the crematory facility to cremate the decedent
or body parts removed from the decedent or living person and to process or
pulverize the cremated remains as is the practice at the particular crematory
facility; (6) a statement of whether it is the crematory facility's practice to
return all of the residue removed from the cremation chamber following the
cremation or to separate and remove foreign matter from the residue before
returning the cremated remains to the authorizing agent or the authorizing
agent's designee; (7) the name of the person who is to receive the cremated remains from
the crematory facility; (8) the manner in which the final disposition of the cremated remains is
to occur, if known. if the cremation authorization form does not specify the
manner of the final disposition of the cremated remains, it shall indicate
that
the cremated remains will be held by the crematory facility for thirty days
after the cremation, unless, prior to the end of that period, they are picked
up from the crematory facility by the person designated on the authorization
form to receive them or by the authorizing agent, or are delivered or shipped
by
the operator of the crematory facility to one of those persons. the
authorization form shall indicate that if no instructions for the final
disposition of the cremated remains are provided on the authorization form and
that if no arrangements for final disposition have been made within the
thirty-day period, the crematory facility may return the cremated remains to
the authorizing agent. the authorization form shall further indicate that if
no arrangements for the final disposition of the cremated remains have been
made within sixty days after the cremation and if the authorizing agent or
person designated on the authorization form to receive the cremated remains
has
not picked them up or caused them to be picked up within that period, the
operator may dispose of them in accordance with division
(c)(1) or (2) of section 4717.27 of the
revised code. (9) the certification of the authorizing agent to the effect that all of
the information and statements contained in the authorization form are
accurate. (b) an authorizing agent who signs a
cremation authorization form under this section is hereby deemed to warrant the
accuracy of the information and statements contained in the authorization form,
including the person's authority to authorize the cremation. (c) at any time after executing a
cremation authorization form and prior to the beginning of the cremation
process, an authorizing agent who EXECUTED a cremation authorization form
under
this section may, in writing, revoke the authorization, cancel the
cremation, and claim the decedent's body or the body parts for purposes of
making alternative arrangements for the final disposition of the decedent's
body or the body parts. the operator of a crematory facility shall cancel
the
cremation if the operator receives such a
revocation before beginning the cremation. (d) a cremation authorization form
executed under this section does not constitute a contract for conducting the
cremation of the decedent named in the authorization form or body parts
removed
from the decedent or living person named in the form or for the final
disposition of the cremated remains of the decedent or body parts. the
revocation of a cremation authorization form or modification of the
arrangements for the final disposition of the cremated remains of the decedent
or the body
parts pursuant to division
(c) of this section does not affect the
validity or enforceability of any contract for the cremation of the decedent
named in the authorization form, the cremation of body parts from the decedent
or living person named in the authorization form, or the final disposition of
the cremated remains of the decedent or body parts. Sec. 4717.26. (a) the operator of a
crematory facility may schedule the time for the cremation of a dead human
body
to occur at the operator's own convenience at any time after the conditions
set forth in division (A) or (B) of section 4717.23 of the
revised code, as
applicable, have been met and the decedent or body parts have been delivered
to
the facility, unless, in the case of a dead human body, the operator has
received specific instructions to the contrary on the cremation authorization
form authorizing the cremation of the decedent executed under section 4717.21,
4717.24, or 4717.25 of the revised
code. the operator of a crematory facility
becomes responsible for a dead human body or body parts when the body or body
parts have been delivered to or accepted by the facility or an employee or
agent of the facility. (b) no operator of a crematory facility
shall fail to do either of the following: (1) upon receipt at the crematory facility of any dead human body that
has not been embalmed, and subject to the prohibition set forth in division
(C)(1) of this section, place the body
in a holding or refrigerated facility at the crematory facility and keep
the body in the holding or refrigerated facility until near the time the
cremation process
commences or until the body is held at the facility for eight
hours or longer. If the body is held for eight hours or longer,
place the body
in a REFRIGERATED facility at
the
crematory facility and keep the body in the refrigerated facility until near
the time the
cremation process commences; (2) upon receipt of any dead human body that has been EMBALMED, place
the body in a holding facility at the crematory facility and keep the body in
the holding facility until the cremation process commences. (c) no operator of a crematory facility
shall do either of the following, unless the INSTRUCTIONS contained in the
cremation authorization form authorizing the cremation of the decedent
executed
under section 4717.21, 4717.24, or 4717.25 Of the Revised Code specifically
provide otherwise: (1) remove any dead human body from the casket or alternative container
in which the body was delivered to or accepted by the crematory facility; (2) fail to cremate the casket or alternative container in which the
body was delivered or accepted, in its entirety with the body. (d) no operator of a crematory facility shall simultaneously
cremate
more than one decedent or body parts removed from more than one decedent or
living person in the same cremation chamber unless the cremation authorization
forms executed under section 4717.21, 4717.24, or 4717.25 Of the Revised Code authorizing the
cremation of each of the decedents or body parts removed from
each decedent or living person specifically authorize such a simultaneous
cremation. this division does not prohibit the use of
cremation equipment that contains more than one cremation chamber. (e) no operator of a crematory facility shall permit
any persons other than employees of the crematory facility, the AUTHORIZING
agent for the cremation of the decedent who is to be, is being, or was
cremated, persons designated to be present at the cremation of the
decedent
on the cremation authorization form executed under section 4717.21 or 4717.24
Of the Revised Code, and persons authorized by the individual who is actually in charge of
the crematory facility, to be present in the holding facility or
cremation room while any dead human bodies or body parts are being held there
prior to cremation or are being cremated or while any cremated remains are
being removed from the cremation chamber. (f)(1) no operator of a crematory
facility shall remove any dental gold, body parts, organs, or other items of
value from a dead human body prior to the cremation or from the cremated
remains after cremation unless the cremation authorization form authorizing
the cremation
of the decedent executed under section 4717.21 or 4717.24 of the
revised code specifically authorizes the removal
thereof. (2) no operator of a crematory facility that removes any dental gold,
body parts, organs, or other items from a dead human body or assists in such
removal shall charge a fee for doing so that exceeds the actual cost to the
crematory facility for performing or assisting in the removal. (g) upon the completion of each
cremation, the operator of a crematory facility shall remove from the
cremation
chamber all of the cremation residue that is practicably recoverable. if the
cremation authorization form executed under section 4717.21, 4717.24, or
4717.25 Of the Revised Code specifies that the cremated remains are to be
placed in an urn, the operator shall place them in the type of urn specified
on
the authorization form. if the authorization form does not specify that the
cremated remains are to be placed in an urn, the operator shall place them in
a
temporary container. if not all of the recovered cremated remains will fit in
the urn selected or the temporary container, the operator shall place the
remainder in a separate temporary container, and the cremated remains placed
in
the separate temporary container shall be delivered, released, or disposed of
along with those in the urn or other temporary container. Nothing in this
section requires an operator of a crematory facility to recover any specified
quantity or quality of cremated remains upon the completion of a cremation,
but only requires an operator to recover from the cremation chamber all of the
cremation residue that is practically recoverable. (h) no operator of a crematory facility
shall knowingly represent to an authorizing agent or a designee of an
authorizing agent that an urn or temporary container contains the recovered
cremated remains of a specific decedent or of body parts removed from a
specific decedent or living person when it does not. this division does not
prohibit the making of such a representation because of the presence in the
recovered cremated remains of de minimus amounts of the cremated remains of
another decedent or of body parts removed from another decedent or living
person that were not practicably recoverable and that remained in the
cremation
chamber after the cremated REMAINS from previous cremations were removed. (i) NO operator of a CREMATORY FACILITY
OR FUNERAL director SHALL SHIP OR CAUSE TO BE SHIPPED ANY CREMATED REMAINS BY
A
CLASS OR METHOD OF MAIL, COMMON CARRIER SERVICE, OR DELIVERY SERVICE THAT DOES
NOT HAVE AN INTERNAL SYSTEM FOR TRACING THE LOCATION OF THE CREMATED REMAINS
DURING SHIPMENT AND that DOES NOT REQUIRE A SIGNED RECEIPT FROM THE PERSON
ACCEPTING DELIVERY OF THE CREMATED REMAINS. (j) no operator of a crematory facility
shall fail to establish and maintain a system for accurately identifying each
dead human body in the facility's possession, and for identifying each
decedent or living person from which body parts in the facility's possession
were removed, throughout all phases of the holding and cremation process. (k) no operator of a crematory facility
shall knowingly use or allow the use of the same cremation chamber for the
cremation of dead human bodies, or human body parts, and animals. Sec. 4717.27. (A) The
authorizing agent who executed the cremation authorization form authorizing
the
cremation of a decedent under section 4717.24 Of the Revised Code or the
cremation of body parts under section 4717.25 Of the Revised Code is
ultimately responsible for the final disposition of the cremated remains of
the
decedent or body parts. (b) if the cremation authorization
form does not contain instructions for the final disposition of the cremated
remains of the decedent or body parts, if no arrangements for the disposition
of the cremated remains are made within thirty days after the completion of
the
cremation, and if the cremated remains have not been picked up within that
thirty-day period by the person designated to receive them on the
authorization
form or, in the absence of such a designated person, by the authorizing agent,
the operator of the crematory facility, at the end of that thirty-day period,
may release or deliver them in person to, or cause their delivery by a method
described in division (i) of section 4717.26
of the revised
code that is acceptable under that division to, the person designated
to receive them
on the cremation authorization form or, if no person has been so designated,
to
the authorizing agent. (c)(1) if the cremation authorization
form does not contain instructions for the final disposition of the cremated
remains of the decedent or body parts, if no arrangements for the final
disposition of the cremated remains are made within sixty days after the
completion of the cremation, and if the cremated REMAINS have not been picked
up by the person designated on the authorization form to receive them or, in
the absence of such a designated person, by the authorizing agent, the
operator
of the crematory facility may dispose of
the cremated remains in a grave, crypt, or niche at any time after the end of
that sixty-day period. (2) if the cremation authorization form specifies the manner of the
final disposition of the cremated remains, or if within sixty days after the
completion of the cremation the authorizing agent makes arrangements for the
final disposition of the cremated remains, and if either the arrangements have
not been carried out within that sixty-day period because of the inaction of a
party other than the operator of the crematory facility or the authorizing
agent fails to pick up the cremated remains within that sixty-day period, the
operator may dispose of the cremated remains in a grave, crypt, or niche at
any
time after the end of that period. (3) when cremated remains are disposed of in accordance with division
(c)(1) or (2) of this section, the authorizing
agent who executed the cremation authorization form authorizing the cremation
of the decedent or body parts under section 4717.24 or 4717.25 Of the Revised Code is liable
to the operator of the crematory facility for the cost of the
final disposition, which cost shall not exceed the reasonable cost for
disposing of the cremated remains in a common grave or crypt in the county
where the cremated remains were buried or placed in a crypt or niche. (D)(1) except as provided in division
(d)(2) of this section, no person shall do
either of the following: (a) dispose of the cremated remains of a dead human body or
body parts in such a manner or in such a location that the cremated remains
are
commingled with those of another decedent or body parts removed from another
decedent or living person; (b) place the cremated remains of more than one
decedent or of body parts removed from more than one decedent or living person
in the same urn or temporary container. (2) division (d)(1) of this section
does not prohibit any of the following: (a) the scattering of cremated remains at sea or by
air or in a dedicated area at a CEMETERY used exclusively for the scattering
on
the ground of the cremated remains of dead human bodies or body parts. (b) the commingling of the cremated remains of more
than one decedent or of body parts removed from more than one decedent or
living person or the placement in the same urn or TEMPORARY container of the
cremated remains of more than one decedent or of body parts removed from more
than one decedent or living person when each authorizing agent who executed
the
cremation authorization form authorizing the cremation of each of the
decedents
or body parts removed from each of the decedents or living persons under
section 4717.21, 4717.24, or 4717.25 Of the Revised Code authorized the
commingling of the cremated remains or the placement of the cremated remains
in
the same urn or temporary container on the authorization form. (c) the commingling, by the individual designated on the
cremation
authorization form authorizing the cremation of the decedent or body parts to
receive the cremated remains, other than a funeral director or employee of a
CEMETERY, or by the authorizing agent who executed the cremation authorization
form, after receipt of the cremated remains, of the cremated
remains with those of another decedent or of body parts removed from another
decedent or living person or the placing of them by any such person in the
same urn or temporary
container with those of another decedent or of body parts removed from another
decedent or living person. Sec. 4717.28. (A) No operator of a
crematory facility shall fail to ensure that a written receipt is provided to
the person who delivers a dead human body or body parts to the facility for
cremation. If the dead human body is other than one that was donated
to
science for purposes of medical education or research, the receipt shall be
signed by both a representative of the crematory facility and the person who
delivered the decedent to the crematory facility and shall indicate the name
of
the decedent; the date and time of delivery; the type of casket or alternative
container in which the decedent was delivered to the facility; the name of the
person who delivered the decedent to the facility; if applicable, the name
of the funeral home or other establishment with whom the delivery person is
affiliated;
and the name of the person who received the decedent on behalf of the
facility.
If the dead human body was donated to science for purposes of
medical education or research, the receipt shall consist of a copy of the
cremation authorization form executed under section 4717.21, 4717.24, or
4717.25 Of the Revised Code that authorizes the cremation of the decedent or
body parts that has been signed by both a representative of the crematory
facility and the person who delivered the decedent or body parts to the
crematory facility and that indicates the date and time of the delivery. the
operator may provide the copy of the RECEIPT to the person who delivered the
decedent or body parts to the facility either in person or by certified mail,
return receipt requested. (B) No operator of a crematory facility
shall fail to ensure at the time of releasing cremated remains that a written
receipt signed by both a representative of the crematory facility and the
person who received the cremated remains is provided to the person who
received
the cremated remains. Unless the cremated remains are those of a dead
human body that was donated to science for purposes of medical education or
research or are those of body parts, the receipt shall indicate the
name of the decedent; the date and time of the release; the name of the person
to whom the cremated remains were released; if applicable, the name of the
funeral home, CEMETERY, or other entity to whom the cremated remains were
released; and the name of the person who released the cremated remains on
behalf of the crematory facility. If the cremated remains are those of a
dead human body that was donated to science for purposes of medical education
or research or are those of body parts, the receipt shall consist of a copy of
the
cremation
authorization form executed under section 4717.21, 4717.24, or 4717.25 Of the Revised Code
that authorizes the cremation of the decedent or body parts that
has been signed by both a representative of the CREMATORY facility and the
person who received the cremated remains and that indicates the date and time
of the release. If the cremated remains were delivered to the authorizing
agent or other individual designated on the cremation authorization form by a
method described in division (I) of section
4717.26 Of the Revised Code that is acceptable under that division, the receipt required by
this division
shall accompany the cremated remains, and the signature of the authorizing
agent or other designated individual on the delivery receipt meets the
requirement of this division that the person receiving the cremated remains
sign the receipt provided by the crematory facility. (c) no operator of a crematory facility
shall fail to make or keep on file during the time that the
operator remains engaged in the business of cremating dead human bodies or
body
parts, all of the following records and documents: (1) a copy of each receipt issued upon acceptance by or delivery to the
crematory facility of a dead human body under division
(a) of this section; (2) a record of each cremation conducted at the facility, containing at
least the name of the decedent or, in the case of body parts, the
name of the decedent or living person from whom the body parts were removed,
the date and time of the cremation, and the final disposition made of the
cremated remains; (3) a copy of each delivery receipt issued under division
(b) of this section; (4) a separate record of the cremated remains of each decedent or the body
parts removed from each decedent or living person that were disposed of in
accordance with division (C)(1) or (2) of section 4717.27 of the
Revised Code, containing at least the name of the decedent,
the date and time of the
cremation, and the location, date, and manner of final disposition of the
cremated remains. (D) All records required to be maintained under sections 4717.21
to
4717.30 of the Revised
Code are subject to inspection by the board of
EMBALMERS and funeral directors or an authorized representative of the board,
upon reasonable notice, at any reasonable time. Sec. 4717.29. (A) A person executing a cremation authorization
form as the
authorizing agent under section 4717.24 Of the Revised Code
shall use diligent efforts to determine whether a pacemaker,
cardiac defibrillator, or any other mechanical or radioactive device or
implant is present in the decedent's body
that poses a hazard to the health or safety of the personnel of the crematory
or to the cremation chamber during the cremation process and shall indicate
the
presence of the device or implant on the cremation authorization form. If the
decedent is to be delivered to the crematory facility by a funeral
director, the person executing the authorization form shall inform the funeral
director of the presence of the device or
implant. (B) If a funeral director delivers the decedent to a crematory
facility, the funeral director shall take reasonable precautions to ensure
necessary
actions are taken to remove a device or implant from the decedent, or to
render the device or
implant nonhazardous prior to delivering the DECEDENT to the crematory
facility. Sec. 4717.30. (A) The
operator of a crematory facility is not liable in damages in a civil action
for
any of the following actions or omissions, unless the actions or omissions
were
made with MALICIOUS purpose, in bad faith, or in a wanton or reckless MANNER
or
unless any of the conditions set forth in divisions
(b)(1) to (3) of this section apply: (1)(a) For having performed the cremation of the decedent, or
having released or disposed of the cremated remains, in accordance with the
instructions set forth in the cremation authorization form executed by the
decedent on an antemortem basis under section 4717.21 Of the Revised Code; (b) Having performed the cremation of the decedent or body parts
removed from the decedent or living person or having released or disposed of
the cremated remains in accordance with the
instructions set forth in a cremation authorization form executed in person by
the person authorized to serve as the authorizing agent for the cremation of
the decedent or for the cremation of body parts of the decedent or living
person, named in the cremation authorization form executed under section
4717.24 or 4717.25 of the Revised
Code. (2) Having performed the cremation of the decedent, or having released or
disposed of the cremated remains, in accordance with the instructions set
forth in the cremation authorization form executed by a designated agent under
division (B) of section 4717.24 of the Revised
Code. (B) The operator of a crematory
facility is not liable in damages in a civil action for refusing to accept a
dead human body or body parts or to perform a cremation under any of the
following circumstances, unless THE refusal was made with malicious purpose,
in bad faith, or in a wanton or reckless manner: (1) the operator has actual knowledge that there is a dispute regarding
the cremation of the decedent or body parts, until such time as the operator
receives an order of the court of common pleas having JURISDICTION ordering
the cremation of the decedent or body parts or until the operator receives
from the parties to the dispute a copy of a written agreement resolving the
dispute and authorizing the cremation to be performed. (2) the operator has a reasonable basis for questioning the accuracy of
any of the information or statements contained in a cremation authorization
form
executed under section 4717.21, 4717.24, or 4717.25 Of the Revised Code, as
applicable, that authorizes the cremation of the decedent or body parts. (3) the operator has any other lawful reason for refusing to accept the
dead human body or body parts or to perform the cremation. (c) the operator of a crematory
facility is not liable in damages in a civil action for refusing to release or
dispose of the cremated remains of a decedent or body parts when the operator
has actual knowledge that there is a dispute regarding the release or final
disposition of the cremated remains in connection with any damages sustained,
prior to the time the operator receives an order of the court of common pleas
having jurisdiction ordering the release or final disposition of the cremated
remains, or prior to the time the facility receives from the parties to the
dispute a copy of a written agreement resolving the dispute and authorizing
the cremation to be performed. (d) the operator of a crematory
facility is not liable in damages in a civil action in connection with the
cremation of, or disposition of the cremated remains of, any dental gold,
jewelry, or other items of value delivered to the facility with a dead human
body or body parts, unless either or both of the following apply: (1) the cremation authorization form authorizing the cremation of the
decedent or body parts executed under section 4717.21, 4717.24, or 4717.25 of
the Revised
Code, as applicable, contains specific
instructions for the removal or recovery and disposition of any such dental
gold, jewelry, or other items of value prior to or after the cremation, and
the operator has failed to comply with the written instructions. (2) the actions or omissions of the operator were made with malicious
purpose, in bad faith, or in a wanton or reckless manner. (E)(1) this section does not create a
new cause of action against or substantive legal right against the operator of
a crematory facility. (2) this section does not affect any immunities from civil liability or
defenses established by another section of the revised code
or available at common law to which the operator of a crematory may be
entitled under circumstances not covered by this section. Sec. 4717.99. Whoever violates any provision of
sections 4717.01 to 4717.15; division (A) or (B) of
section 4717.23; division (B)(1) or (2), (C)(1) or (2),
(D), (E), or (F)(1) or (2), or divisions
(H) to (K) of section 4717.26; division (D)(1) of
section 4717.27; or divisions (A) to (C) of section 4717.28
Of the Revised Code shall be fined not less than one hundred nor more than
five thousand dollars, or imprisoned for not more than one year, or both, for
the first offense. For each subsequent
offense such a person shall be fined not less than one hundred
nor more than ten thousand dollars, or imprisoned for not more
than one year, or both. Sec. 4767.05. (A) There is hereby created the Ohio
cemetery dispute resolution commission, which shall
consist of
nine members to be appointed by the governor with the advice and
consent of the senate as follows: (1) One member shall be the management authority of a
municipal, township, or union cemetery and shall be selected from
a list of four names submitted to the governor. Two of the four
names shall be submitted by the Ohio township association and two
names shall be submitted by the Ohio municipal league. (2) Four members shall be individuals employed in a
management position by a cemetery company or cemetery
association. Two of the four members shall be selected from a
list of four names submitted to the governor by the Ohio
association of cemeteries and two shall be selected from a list
of four names submitted by the Ohio association of cemetery
superintendents and officials. (3) Two members shall be employed in a management position
by a cemetery that is owned or operated by a religious,
fraternal, or benevolent society and shall be selected from a
list of four names submitted by the Ohio association of cemetery
superintendents and officials. (4) Two members, at least one of whom shall be at least
sixty-five years of age, shall be representatives of the public
with no financial interest in the death care industry. Each member of the commission, except for the two
members
who represent the public, shall, at the time of
appointment, have had a minimum of five consecutive years of
experience in the active administration and management of a
cemetery in this state. (B) Within ninety days after the effective date of this
section, the governor shall make initial appointments to the
commission. Of the initial appointments, two shall be
for terms
ending one year after the effective date of this section, two
shall be for terms ending two years after that date, two shall be
for terms ending three years after that date, and three shall be
for terms ending four years after that date. Thereafter, terms
of office shall be for four years, with each term ending on the
same day of the same month as did the term that it succeeds.
Each member shall hold office from the date of appointment
until the end of the term for which the member was appointed.
Vacancies
shall be filled in the manner provided for original appointments,
with each appointee, other than a representative of the public,
being appointed from a list of two names submitted to the
governor by the association or organization that was required to
nominate candidates for initial appointment to the position that has become
vacant. Any member appointed to
fill a vacancy occurring prior to the expiration date of the term
for which the member's predecessor was appointed shall hold
office for the remainder of that term. A member
shall continue in office subsequent to the expiration date of
the member's term until the member's successor takes office or
until a period of sixty
days has elapsed, whichever occurs first. No person shall serve
as a member of the commission for more than two
consecutive terms,
excluding any term served to fill an initial appointment to a
term of less than four years or an unexpired term caused by a
vacancy. (C) The commission annually shall elect from among
its
members a chairperson, vice-chairperson,
and secretary, each of whom
shall serve a term of one year in that office. The
commission
shall meet at least four times a year. Additional meetings may
be called by the chairperson, or by the
vice-chairperson when the
chairperson is disabled, or by a majority of the members of
the
commission. A majority of the members constitutes a quorum
to
transact and vote on business of the commission. The chairperson or vice-chairperson may: (1) Administer oaths; (2) Issue subpoenas; (3) Summon witnesses; (4) Compel the production of books, papers, records, and
other forms of evidence; (5) Fix the time and place for hearing any matter related
to compliance with sections 1721.19, 1721.20, 1721.21, 1721.211,
4735.02, 4735.22, and 4767.02 of the Revised Code. The chairperson shall designate three members of the commission to serve on
the crematory review board in accordance with section 4717.03 Of the Revised Code for such
time as the chairperson finds appropriate. Members designated to serve on the
crematory review board shall perform all functions necessary to carry out the
duties of the board as described in section 4717.03 Of the Revised Code. Members who serve
on the crematory review board shall receive no compensation for such service. (D) Before entering upon the duties of office, each member
of the commission shall take the oath pursuant to section
3.22 of the Revised Code. The governor may remove any member for
misconduct, neglect of duty, incapacity, or malfeasance in
accordance with section 3.04 of the Revised Code. (E) Members of the commission shall receive no compensation
but shall be reimbursed for their actual and necessary expenses
incurred in the performance of their duties as members of the
commission. (F) The division of real estate in the department of
commerce shall provide the commission with meeting space,
staff services, and other technical assistance required by the
commission in carrying out its duties pursuant to sections
4767.05 to 4767.08 of the Revised Code. Sec. 5101.521. When the body of a dead person is found in
a township or municipal corporation, and such person was not an
inmate of a correctional, benevolent, or charitable
institution of this state, and the body is not claimed by any
person for private interment or cremation at his the
person's own expense,
or delivered for the purpose of medical or surgical study or dissection in
accordance with section 1713.34 of the Revised Code, or the
person was not eligible for burial assistance under section
5101.52 of the Revised Code, it shall be disposed of as follows: (A) If the person was a legal resident of the county, the
proper officers of the township or municipal corporation in which
his the person's body was found shall cause it to be buried
or
cremated at
the expense of the township or municipal corporation in which he the
person had a legal residence at the time of his death. (B) If the person had a legal residence in any other
county of the state at the time of his death, the superintendent
of the county home of the county in which such body was found
shall cause it to be buried or cremated at the expense of the township
or
municipal corporation in which he the person had a legal
residence at the time of his death. (C) If the person was an inmate of a correctional
institution of the county or a patient or resident of a
benevolent institution of the county, the person had no legal residence
in the state, or his the person's legal residence is unknown,
the superintendent shall cause him the person to be buried or
cremated at
the expense of the county. Such officials shall provide, at the grave of such the person
or, if the person's cremated remains are buried, at the grave of the
person's
cremated remains,
a stone or concrete marker on which his the person's name and
age, if known, and the date of his death shall be inscribed. A political subdivision is not relieved of its duty to bury
or cremate a person at its expense under this section when the body is
claimed by an indigent person. Sec. 5120.45. The state shall bear the expense of the burial or
cremation of an inmate who
dies in a state correctional institution, if the body is not claimed for
interment or cremation at the expense of friends or relatives, or is
not delivered for
anatomical purposes or for the study of embalming in accordance with section
1713.34 of the Revised Code. When the expense is borne by the state,
interment of the person or the person's cremated remains shall be in
the institution cemetery or other place provided by the
state. The managing officer of the institution shall provide at the grave of
the person or, if the person's cremated remains are buried, at the grave of
the person's cremated remains, a metal, stone, or concrete marker
on which shall be inscribed the
name and age of the person and the date of death. Sec. 5121.11. The state shall bear the expense of the burial or
cremation of an indigent
patient or resident who dies in a state hospital for the mentally ill, or
institution for the mentally retarded, or in a state correctional institution,
if the body is not claimed for interment or cremation at the expense of
friends or
relatives, or is not delivered for anatomical purposes or for the study of
embalming in accordance with section 1713.34 of the Revised Code. The
managing officer of the institution shall provide at the grave of the person
or, if the person's cremated remains are buried, at the grave of the
person's cremated remains, a
metal, stone, or concrete marker on which shall be inscribed the name and age
of the person and the date of death. Sec. 5901.24. If it is desired to bury the body or cremated remains of
any deceased veteran in
any cemetery not having a burial plot as provided by section 5901.22 of the
Revised Code, the board of county commissioners, any board of township
trustees, or the legislative authority of any municipal corporation in the
county in which the cemetery is situated may purchase a space for the grave of
the veteran or the veteran's cremated remains, provide for the care of
the plot, and pay the amount of the
purchase price and maintenance cost from the funds in the treasury of the
county, township, or municipal corporation. Sec. 5901.25. The board of county commissioners shall require the veterans
service commission, upon application and with the approval of the family or
friends of the deceased, to contract, at a fair and reasonable price, with the
funeral director selected by the family or friends, and cause to be interred
or cremated in a decent and respectable manner the body of any veteran,
or the parent,
spouse, or surviving spouse of any such veteran, who dies without the means to
defray the necessary funeral or cremation expenses. Such a
burial may be made in any
cemetery or burial ground within the state, other than those used exclusively
for the burial of paupers and criminals. Sec. 5901.26. Pursuant to section 5901.25 of the Revised Code, the veterans
service commission shall use the forms of contracts prescribed by sections
5901.25 to 5901.32 of the Revised Code, and abide by the regulations provided
by such sections. The commission shall see that funeral directors furnish all
items specified in the contract, that when the benefits of such sections are
claimed the entire amount to be contributed by the county toward the cost of
the burial or cremation shall not exceed the sum of one thousand
dollars, and that any
remaining costs are paid by the family or friends of the deceased. Sec. 5901.27. Before assuming the charge and expense of any burial or
cremation, the
veterans service commission, pursuant to section 5901.25 of the Revised Code,
shall satisfy itself, beyond a reasonable doubt, by careful inquiry, that the
family of the deceased is unable, for want of means, to defray the expenses of
the burial or cremation, or that the family may be deprived of means
actually necessary for
its immediate support. Thereupon the commission shall cause the deceased to
be buried or cremated and make a report thereof to the board of county
commissioners. The
report shall set forth that the commission found the family
of the deceased person in indigent circumstances and unable to pay the
expenses of burial or cremation. The report shall also set forth the
name of the deceased,
the rank and command to which the deceased belonged if a veteran, the date of
death, the place of burial or disposition made of the person's cremated
remains, the occupation while living, and an accurate
itemized statement of the expenses incurred by reason of the burial or
cremation. Sec. 5901.29. The funeral director employed to perform the
service described by section 5901.25 of the Revised Code shall
use the blanks provided by this section, specifying what he the
funeral director is to furnish for such the service.
Such The contract shall be
signed by the
funeral director and a copy thereof left with the veterans
service commission with which it is made. Such contract shall
read as follows: I ................, funeral director, residing at
................. hereby agree to furnish the following items for
the burial or cremation (circle one) of ..............., who resided at
..................., and died ............... 19........., which
shall consist of: (A) One casket, nicely covered with a good quality of
black cloth, lined with a good quality of white satin or other
material, and trimmed on the outside with handles of a fair
quality in keeping with the casket; (B) One burial robe of a good quality of material; (C) One plain box appropriate for receiving the coffin or
urn containing cremated remains inside the grave; (D) Payment for digging the grave, in the place designated
by the friends of the deceased or as otherwise provided, and for
filling the grave in a proper manner; (E) Furnishing a funeral car for conveying the remains to
the place of burial or crematory; (F) Preparing the body for burial when so requested; (G) Furnishing necessary transportation for the use of the
family, friends, and pallbearers, which people shall be returned
to their respective homes or to the place where the funeral
services were held; (H) Furnishing a decent, respectable funeral, for the sum
of ...... dollars. Sec. 5901.30. The funeral director shall present his the
itemized bill and
contract, as approved by the veterans service commission, to the county
auditor, upon printed blanks furnished by the auditor, and make an oath that
he the funeral director has honestly and faithfully performed
his the contract, that the bill and
contract attached is a true copy of the one left with the parties who engaged
his the funeral director's services, and that the bill covers
the entire expense of the funeral service described by section
5901.25 Of the Revised Code, in
order to obtain the auditor's warrant. The auditor shall have the necessary
blanks printed and distribute them to the veterans service commission, from
whom they may be procured by funeral
directors. Sec. 5901.32. Upon securing the report and statement of expenses as provided
by section 5901.27 of the Revised Code, the board of county commissioners
shall transcribe in a book to be kept for that purpose, all the facts
contained in the report concerning a deceased veteran, and shall certify the
expenses thus incurred to the county auditor, who shall draw his
a warrant for such those expenses upon the county
treasurer, to be paid from
the county fund to
such persons as are designated by the board. Upon the death and burial
of any
indigent veteran, residing within the county at the time of death
and the burial of the indigent veteran or the indigent veteran's cremated
remains, the board
shall make application to the proper authorities, under the United States
government, for a suitable headstone, as provided by act of congress, and
shall cause it to be placed at the grave of the deceased veteran or the
deceased veteran's cremated remains. Sec. 5903.12. (A) As used in this section: (1) "Continuing education" means continuing education
required of a licensee by law and includes, but is not limited
to, the continuing education required of licensees under sections
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.071
4717.09, 4723.24, 4725.10, 4725.51, 4731.281, 4735.141, 4736.11,
4741.16, 4741.19,
4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and
4763.07 of the Revised Code. (2) "License" means a license, certificate, permit, or
other authorization issued or conferred by a licensing agency
under which a licensee may engage in a profession, occupation, or
occupational activity. (3) "Licensee" means a person to whom all of the following
apply: (a) The person has been issued a license by a licensing
agency. (b) The person is a member of the Ohio national guard, the Ohio
military reserve, the Ohio naval militia, or a reserve component
of the armed forces of the United States. (c) The person has been called to active duty, whether
inside or
outside the United States, because of an executive order issued
by the president of the United States or an act of congress, for
a period in excess of thirty-one days. (4) "Licensing agency" means any state department,
division, board, commission, agency, or other state governmental
unit authorized by the Revised Code to issue a license. (5) "Reporting period" means the period of time during
which a licensee must complete the number of hours of continuing
education required of him the licensee by law. (B) Each licensing agency, upon receiving an application
from one of its licensees that is accompanied by proper
documentation certifying that the licensee has been called to
active duty
as described in division (A)(3)(c) of this section during the
current or a prior reporting period and certifying the length of
that active duty, shall extend the current reporting period by an
amount of time equal to the total number of months that the
licensee spent on active duty during the current reporting
period. For purposes of this division, any portion of a month
served on active duty shall be considered one full month. SECTION 2 . That existing sections 2925.01, 3734.02, 3734.021,
3734.05, 4717.20, 4767.05, 5101.521, 5120.45, 5121.11, 5901.24, 5901.25,
5901.26,
5901.27, 5901.29, 5901.30, 5901.32, and 5903.12 and sections 4717.01, 4717.02,
4717.03,
4717.04, 4717.05, 4717.06, 4717.061, 4717.062, 4717.07, 4717.071,
4717.08, 4717.081, 4717.082, 4717.083, 4717.09, 4717.10, 4717.11,
4717.12, 4717.13, 4717.14, 4717.15, 4717.16, 4717.17, 4717.18,
4717.19, and 4717.99 of the Revised Code are hereby repealed.
SECTION 3 . The Board of Embalmers and Funeral Directors
created by new section 4717.02 of the Revised Code, as enacted by
this act, is a continuation of the Board of Embalmers and Funeral
Directors in existence immediately prior to the effective date of
this act and continues all of its powers, functions, and
obligations on the effective date of this act.
Notwithstanding new section 4717.02 of the Revised Code as
enacted by this act, all members serving on the Board
immediately prior to the effective date of this act shall
continue as members until their terms expire. The member with
experience and knowledge in the operation of a crematory
facility shall not begin serving a term in accordance with
section 4717.02 of the Revised Code until the first day of July following the
earliest expiration of the term of a member who is a licensed
embalmer and practicing funeral director, after the effective
date of this act. The Governor shall appoint, with the advice
and consent of the Senate, the member with experience and
knowledge in the operation of a crematory facility to begin
serving a term of five years beginning on that first day of July following the
expiration of such member's term. Thereafter, appointments shall
be made in accordance with section 4717.02 of the Revised Code. Notwithstanding new section 4717.02 of the Revised Code, as
enacted by this act, upon the expiration of the terms of the two
members who represent the public serving on the Board of
Embalmers and Funeral Directors upon the effective date of this
act, the Governor shall appoint, with the advice and consent of
the Senate, one member to fill one of the vacancies for a
term of four years and shall appoint another member to fill the
other vacancy for a term of five years. Thereafter, the Governor
shall make appointments in accordance with section 4717.02 of
the Revised Code. SECTION 4 . The rules adopted by the Board of Embalmers and
Funeral Directors under former sections 4717.04, 4717.06,
4717.061, 4717.07, 4717.071, and 4717.09 of the Revised Code
shall remain in effect as rules of the Board adopted under
section 4717.04 of the Revised Code, as enacted by this act,
until such time as the Board duly amends or rescinds those rules
under section 4717.04 of the Revised Code, as enacted by this
act.
SECTION 5 . Section 2925.01 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub.
S.B. 143, Sub. H.B. 125, Am. Sub. S.B. 269, and Sub. S.B. 223
of the 121st General Assembly, with the new language of none
of the acts shown in capital letters. Section 3734.021 of the
Revised Code is presented in this act as a composite of the
section as amended by both Am. Sub. H.B. 98 and Sub. H.B. 685 of
the 120th General Assembly, with the language of neither of the
acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
|