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(122nd General Assembly)(Amended Substitute Senate Bill Number 153)
AN ACT
To amend sections 3313.671, 3701.13, and 3734.01 of the Revised Code to
require, with certain exceptions, that
students who begin kindergarten during or after the school year beginning in
1999 be immunized against Hepatitis B and to
clarify the
definition of
"infectious wastes" in the Solid, Infectious, and Hazardous
Waste Law through
the inclusion of references to zoonotic
diseases.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3313.671, 3701.13, and 3734.01 of the Revised Code be
amended to
read as follows:
Sec. 3313.671. (A) Except as otherwise provided in this
division, no pupil, at the time of his initial entry or at the
beginning of each school year, to an elementary or high school
for which the state board of education prescribes minimum
standards pursuant to division (D) of section 3301.07 of the
Revised Code, shall be permitted to remain in school for more
than fourteen days unless he the pupil presents written evidence
satisfactory to the person in charge of admission, that he the
pupil has been immunized by a method of immunization approved by the
department of health pursuant to section 3701.13 of the Revised
Code against mumps, poliomyelitis, diphtheria, pertussis,
tetanus, rubeola, and rubella
or is in the process of being so
immunized.
Also, except as provided in this division, no pupil who
begins kindergarten at an elementary school subject to the state
board of education's minimum standards during or after the
school year beginning in 1999 shall be permitted to remain in
school for more than fourteen days unless the pupil presents
written evidence satisfactory to the person in charge of
admission that the pupil has been immunized by a department of
health-approved method of immunization against hepatitis B or is
in the process of being so
immunized.
"In the process of being so immunized" means the
pupil has been immunized against mumps, rubeola and rubella, and
if he the pupil has not been immunized against poliomyelitis
and,
diphtheria, pertussis, and tetanus, he and hepatitis
B, the pupil has received at
least the
first dose of the immunization sequence, and presents written
evidence to the pupil's building principal of each subsequent
dose required to obtain immunization at the intervals prescribed
by the director of health. Any student previously admitted under
the "in process of being so immunized" provision and who has not
complied with the immunization intervals prescribed by the
director of health shall be excluded from school on the fifteenth
day of the following school year. Any student so excluded shall
be readmitted upon showing evidence to the student's building
principal of progress on the director of health's interval
schedule. (1) A pupil who has had natural rubeola, and presents a
signed statement from his the pupil's parent or physician to
that effect, is
not required to be immunized against rubeola. (2) A pupil who has had natural mumps, and presents a
signed statement from his the pupil's parent or physician to
that effect, is
not required to be immunized against mumps. (3) A pupil who presents a written statement of his the pupil's
parent or guardian in which the parent or guardian objects to the immunization
for good cause, including religious convictions, is
not required to be immunized. (4) A child whose physician certifies in writing that such
immunization against any disease is medically contraindicated is
not required to be immunized against that disease. This section
does not limit or impair the right of a board of education of a
city, exempted village, or local school district to make and
enforce rules to secure immunization against mumps,
poliomyelitis, rubeola, rubella, diphtheria, pertussis, and
tetanus, and hepatitis B of the pupils under its
jurisdiction. (B) Boards of health, legislative authorities of municipal
corporations, and boards of township trustees on application of
the board of education of the district or proper authority of any
school affected by this section, shall provide at the public
expense, without delay, the means of immunization against mumps,
poliomyelitis, rubeola, rubella, diphtheria, pertussis, and
tetanus, and hepatitis B to pupils who are not so
provided by their parents or
guardians. Sec. 3701.13. The department of health shall have
supervision of all matters relating to the preservation of the
life and health of the people and have supreme authority in
matters of quarantine, which it may declare and enforce, when
none exists, and modify, relax, or abolish, when it has been
established. It may approve means of immunization against
poliomyelitis, rubeola, diphtheria, rubella (German measles),
pertussis, and tetanus, and hepatitis B for the
purpose of carrying out the
provisions of section 3313.671 of the Revised Code. It may make
special or standing orders or rules for preventing the use of
fluoroscopes for nonmedical purposes which emit doses of
radiation likely to be harmful to any person, for preventing the
spread of contagious or infectious diseases, for governing the
receipt and conveyance of remains of deceased persons, and for
such other sanitary matters as are best controlled by a general
rule. It may make and enforce orders in local matters when an
emergency exists, or when the board of health of a general or
city health district has neglected or refused to act with
sufficient promptness or efficiency, or when such board has not
been established as provided by sections 3709.02, 3709.03,
3709.05, 3709.06, 3709.11, 3709.12, and 3709.14 of the Revised
Code. In such cases the necessary expense incurred shall be paid
by the general health district or city for which the services are
rendered. The department may make evaluative studies of the
nutritional status of Ohio residents, and of the food and
nutrition-related programs operating within the state. Every
agency of the state, at the request of the department, shall
provide information and otherwise assist in the execution of such
studies. Sec. 3734.01. As used in this chapter: (A) "Board of health" means the board of health of a city
or general health district or the authority having the duties of
a board of health in any city as authorized by section 3709.05 of
the Revised Code. (B) "Director" means the director of environmental
protection. (C) "Health district" means a city or general health
district as created by or under authority of Chapter 3709. of the
Revised Code. (D) "Agency" means the environmental protection agency. (E) "Solid wastes" means such unwanted residual solid or
semisolid material as results from industrial, commercial,
agricultural, and community operations, excluding earth or
material from construction, mining, or demolition operations, or
other waste materials of the type that normally would be included
in demolition debris, nontoxic fly ash and bottom ash, including
at least ash that results from the combustion of coal and ash
that results from the combustion of coal in combination with
scrap tires where scrap tires comprise not more than fifty per
cent of heat input in any month, spent nontoxic foundry sand, and
slag and other substances that are not harmful or inimical to
public health, and includes, but is not limited to, garbage,
scrap tires, combustible and noncombustible material, street
dirt, and debris. "Solid wastes" does not include any material
that is an infectious waste or a hazardous waste. (F) "Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, emitting, or placing of any solid
wastes or hazardous waste into or on any land or ground or
surface water or into the air, except if the disposition or
placement constitutes storage or treatment or, if the solid
wastes consist of scrap tires, the disposition or placement
constitutes a beneficial use or occurs at a scrap tire recovery
facility licensed under section 3734.81 of the Revised Code. (G) "Person" includes the state, any political subdivision
and other state or local body, the United States and any agency
or instrumentality thereof, and any legal entity defined as a
person under section 1.59 of the Revised Code. (H) "Open burning" means the burning of solid wastes in an
open area or burning of solid wastes in a type of chamber or
vessel that is not approved or authorized in rules adopted by the
director under section 3734.02 of the Revised Code or, if the
solid wastes consist of scrap tires, in rules adopted under
division (V) of this section or section 3734.73 of the
Revised
Code, or the burning of treated or untreated infectious wastes in
an open area or in a type of chamber or vessel that is not
approved in rules adopted by the director under section 3734.021
of the Revised Code. (I) "Open dumping" means the depositing of solid wastes
into a body or stream of water or onto the surface of the ground
at a site that is not licensed as a solid waste facility under
section 3734.05 of the Revised Code or, if the solid wastes
consist of scrap tires, as a scrap tire collection, storage,
monocell, monofill, or recovery facility under section 3734.81 of
the Revised Code; the depositing of solid wastes that consist of
scrap tires onto the surface of the ground at a site or in a
manner not specifically identified in divisions (C)(2) to (5),
(7), or (10) of section 3734.85 of the Revised Code; the
depositing of untreated infectious wastes into a body or stream
of water or onto the surface of the ground; or the depositing of
treated infectious wastes into a body or stream of water or onto
the surface of the ground at a site that is not licensed as a
solid waste facility under section 3734.05 of the Revised Code. (J) "Hazardous waste" means any waste or combination of
wastes in solid, liquid, semisolid, or contained gaseous form
that in the determination of the director, because of its
quantity, concentration, or physical or chemical characteristics,
may do either of the following: (1) Cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or
incapacitating reversible illness; (2) Pose a substantial present or potential hazard to
human health or safety or to the environment when improperly
stored, treated, transported, disposed of, or otherwise managed. "Hazardous waste" includes any substance identified by
regulation as hazardous waste under the "Resource Conservation
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended, and does not include any substance that is subject to
the "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011,
as amended. (K) "Treat" or "treatment," when used in connection with
hazardous waste, means any method, technique, or process designed
to change the physical, chemical, or biological characteristics
or composition of any hazardous waste; to neutralize the waste;
to recover energy or material resources from the waste; to render
the waste nonhazardous or less hazardous, safer to transport,
store, or dispose of, or amenable for recovery, storage, further
treatment, or disposal; or to reduce the volume of the waste.
When used in connection with infectious wastes, "treat" or
"treatment" means any method, technique, or process designed to
render the wastes noninfectious, including, without limitation,
steam sterilization and incineration, or, in the instance of
wastes identified in division (R)(7) of this section, to
substantially reduce or eliminate the potential for the wastes to
cause lacerations or puncture wounds. (L) "Manifest" means the form used for identifying the
quantity, composition, origin, routing, and destination of
hazardous waste during its transportation from the point of
generation to the point of disposal, treatment, or storage. (M) "Storage," when used in connection with hazardous
waste, means the holding of hazardous waste for a temporary
period in such a manner that it remains retrievable and
substantially unchanged physically and chemically and, at the end
of the period, is treated; disposed of; stored elsewhere; or
reused, recycled, or reclaimed in a beneficial manner. When used
in connection with solid wastes that consist of scrap tires,
"storage" means the holding of scrap tires for a temporary period
in such a manner that they remain retrievable and, at the end of
that period, are beneficially used; stored elsewhere; placed in a
scrap tire monocell or monofill facility licensed under section
3734.81 of the Revised Code; processed at a scrap tire recovery
facility licensed under that section or a solid waste
incineration or energy recovery facility subject to regulation
under this chapter; or transported to a scrap tire monocell,
monofill, or recovery facility, any other solid waste facility
authorized to dispose of scrap tires, or a facility that will
beneficially use the scrap tires, that is located in another
state and is operating in compliance with the laws of the state
in which the facility is located. (N) "Facility" means any site, location, tract of land,
installation, or building used for incineration, composting,
sanitary landfilling, or other methods of disposal of solid
wastes or, if the solid wastes consist of scrap tires, for the
collection, storage, or processing of the solid wastes; for the
transfer of solid wastes; for the treatment of infectious wastes;
or for the storage, treatment, or disposal of hazardous waste. (O) "Closure" means the time at which a hazardous waste
facility will no longer accept hazardous waste for treatment,
storage, or disposal, the time at which a solid waste facility
will no longer accept solid wastes for transfer or disposal or,
if the solid wastes consist of scrap tires, for storage or
processing, or the effective date of an order revoking the permit
for a hazardous waste facility or the registration certificate,
permit, or license for a solid waste facility, as applicable.
"Closure" includes measures performed to protect public health or
safety, to prevent air or water pollution, or to make the
facility suitable for other uses, if any, including, but not
limited to, the removal of processing residues resulting from
solid wastes that consist of scrap tires; the establishment and
maintenance of a suitable cover of soil and vegetation over cells
in which hazardous waste or solid wastes are buried; minimization
of erosion, the infiltration of surface water into such cells,
the production of leachate, and the accumulation and runoff of
contaminated surface water; the final construction of facilities
for the collection and treatment of leachate and contaminated
surface water runoff, except as otherwise provided in this
division; the final construction of air and water quality
monitoring facilities, except as otherwise provided in this
division; the final construction of methane gas extraction and
treatment systems; or the removal and proper disposal of
hazardous waste or solid wastes from a facility when necessary to
protect public health or safety or to abate or prevent air or
water pollution. With regard to a solid waste facility that is a
scrap tire facility, "closure" includes the final construction of
facilities for the collection and treatment of leachate and
contaminated surface water runoff and the final construction of
air and water quality monitoring facilities only if those actions
are determined to be necessary. (P) "Premises" means either of the following: (1) Geographically contiguous property owned by a
generator; (2) Noncontiguous property that is owned by a generator
and connected by a right-of-way that the generator controls
and to which the
public does not have access. Two or more pieces of property that
are geographically contiguous and divided by public or private
right-of-way or rights-of-way are a single premises. (Q) "Post-closure" means that period of time following
closure during which a hazardous waste facility is required to be
monitored and maintained under this chapter and rules adopted
under it, including, without limitation, operation and
maintenance of methane gas extraction and treatment systems, or
the period of time after closure during which a scrap tire
monocell or monofill facility licensed under section 3734.81 of
the Revised Code is required to be monitored and maintained under
this chapter and rules adopted under it. (R) "Infectious wastes" includes all of the following
substances or categories of substances: (1) Cultures and stocks of infectious agents and
associated biologicals, including, without limitation, specimen
cultures, cultures and stocks of infectious agents, wastes from
production of biologicals, and discarded live and attenuated
vaccines; (2) Laboratory wastes that were, or are likely to have
been, in contact with infectious agents that may present a
substantial threat to public health if improperly managed; (3) Pathological wastes, including, without limitation,
human and animal tissues, organs, and body parts, and body fluids
and excreta that are contaminated with or are likely to be
contaminated with infectious agents, removed or obtained during
surgery or autopsy or for diagnostic evaluation, provided that, with
regard to pathological wastes from animals, the animals have or are likely to
have been exposed to a zoonotic or infectious agent; (4) Waste materials from the rooms of humans, or the
enclosures of animals, that have been isolated because of
diagnosed communicable disease that are likely to transmit
infectious agents. Such waste materials from the rooms of humans
do not include any wastes of patients who have been placed on
blood and body fluid precautions under the universal precaution
system established by the centers for disease control in the
public health service of the United States department of health
and human services, except to the extent specific wastes
generated under the universal precautions system have been
identified as infectious wastes by rules adopted under division
(R)(8) of this section. (5) Human and animal blood specimens and blood products
that are being disposed of, except provided that, with
regard to blood specimens and blood products from animals, the animals were
or are likely to have been exposed to a zoonotic or infectious
agent. "blood Blood
products" does not
include patient care waste such as bandages or disposable gowns
that are lightly soiled with blood or other body fluids unless
those wastes are soiled to the extent that the generator of the
wastes determines that they should be managed as infectious
wastes;. (6) Contaminated carcasses, body parts, and bedding of
animals that were intentionally exposed to infectious agents from zoonotic
or human diseases
during research, production of biologicals, or testing of
pharmaceuticals, and carcasses and bedding of animals otherwise
infected by zoonotic or infectious agents that may present a
substantial threat to
public health
if improperly managed; (7) Sharp wastes used in the treatment, diagnosis, or
inoculation of human beings or animals or that have, or are
likely to have, come in contact with infectious agents in
medical, research, or industrial laboratories, including, without
limitation, hypodermic needles and syringes, scalpel blades, and
glass articles that have been broken; (8) Any other waste materials generated in the diagnosis,
treatment, or immunization of human beings or animals, in
research pertaining thereto, or in the production or testing of
biologicals, that the public health council created in section
3701.33 of the Revised Code, by rules adopted in accordance with
Chapter 119. of the Revised Code, identifies as infectious wastes
after determining that the wastes present a substantial threat to
human health when improperly managed because they are
contaminated with, or are likely to be contaminated with,
infectious agents. (S) "Infectious agent" means a type of microorganism,
helminth, or virus that causes, or significantly contributes to
the cause of, increased morbidity or mortality of human beings. (T) "Board of county commissioners" includes, in addition
to any such board selected under Chapter 302. or 305. of the
Revised Code, any legislative authority that a county establishes
under Sections 3 and 4 of Article X, Ohio Constitution
"Zoonotic agent" means a type of microorganism,
helminth, or virus that causes disease in vertebrate animals and
that is transmissible to human beings and causes or
significantly contributes to the cause of increased morbidity or
mortality of human beings. (U) "Solid waste transfer facility" means any site,
location, tract of land, installation, or building that is used
or intended to be used primarily for the purpose of transferring
solid wastes that were generated off the premises of the facility
from vehicles or containers into other vehicles for
transportation to a solid waste disposal facility. "Solid waste
transfer facility" does not include any facility that consists
solely of portable containers that have an aggregate volume of
fifty cubic yards or less nor any facility where legitimate
recycling activities are conducted. (V) "Beneficially use" means to use a scrap tire in a
manner that results in a commodity for sale or exchange or in any
other manner authorized as a beneficial use in rules adopted by
the director in accordance with Chapter 119. of the Revised Code. (W) "Commercial car," "commercial tractor," "farm
machinery," "motor bus," "vehicles," "motor vehicle," and
"semitrailer" have the same meanings as in section 4501.01 of the
Revised Code. (X) "Construction equipment" means road rollers, traction
engines, power shovels, power cranes, and other equipment used in
construction work, or in mining or producing or processing
aggregates, and not designed for or used in general highway
transportation. (Y) "Motor vehicle salvage dealer" has the same meaning as
in section 4738.01 of the Revised Code. (Z) "Scrap tire" means an unwanted or discarded tire. (AA) "Scrap tire collection facility" means any facility
that meets all of the following qualifications: (1) The facility is used for the receipt and storage of
whole scrap tires from the public prior to their transportation
to a scrap tire storage, monocell, monofill, or recovery facility
licensed under section 3734.81 of the Revised Code; a solid waste
incineration or energy recovery facility subject to regulation
under this chapter; a premises within the state where the scrap
tires will be beneficially used; or a scrap tire storage,
monocell, monofill, or recovery facility, any other solid waste
disposal facility authorized to dispose of scrap tires, or a
facility that will beneficially use the scrap tires, that is
located in another state, and that is operating in compliance
with the laws of the state in which the facility is located; (2) The facility exclusively stores scrap tires in
portable containers; (3) The aggregate storage of the portable containers in
which the scrap tires are stored does not exceed five thousand
cubic feet. (BB) "Scrap tire monocell facility" means an individual
site within a solid waste landfill that is used exclusively for
the environmentally sound storage or disposal of whole scrap
tires or scrap tires that have been shredded, chipped, or
otherwise mechanically processed. (CC) "Scrap tire monofill facility" means an engineered
facility used or intended to be used exclusively for the storage
or disposal of scrap tires, including at least facilities for the
submergence of whole scrap tires in a body of water. (DD) "Scrap tire recovery facility" means any facility, or
portion thereof, for the processing of scrap tires for the
purpose of extracting or producing usable products, materials, or
energy from the scrap tires through a controlled combustion
process, mechanical process, or chemical process. "Scrap tire
recovery facility" includes any facility that uses the controlled
combustion of scrap tires in a manufacturing process to produce
process heat or steam or any facility that produces usable heat
or electric power through the controlled combustion of scrap
tires in combination with another fuel, but does not include any
solid waste incineration or energy recovery facility that is
designed, constructed, and used for the primary purpose of
incinerating mixed municipal solid wastes and that burns scrap
tires in conjunction with mixed municipal solid wastes, or any
tire retreading business, tire manufacturing finishing center, or
tire adjustment center having on the premises of the business a
single, covered scrap tire storage area at which not more than
four thousand scrap tires are stored. (EE) "Scrap tire storage facility" means any facility
where whole scrap tires are stored prior to their transportation
to a scrap tire monocell, monofill, or recovery facility licensed
under section 3734.81 of the Revised Code; a solid waste
incineration or energy recovery facility subject to regulation
under this chapter; a premises within the state where the scrap
tires will be beneficially used; or a scrap tire storage,
monocell, monofill, or recovery facility, any other solid waste
disposal facility authorized to dispose of scrap tires, or a
facility that will beneficially use the scrap tires, that is
located in another state, and that is operating in compliance
with the laws of the state in which the facility is located. (FF) "Used oil" means any oil that has been refined
from crude oil, or any synthetic oil, that has been used and, as a result of
that use, is contaminated by physical or chemical impurities. "Used oil"
includes only those substances identified as used oil by the
United States environmental protection agency under the "Used Oil
Recycling Act of 1980," 94 Stat. 2055, 42 U.S.C.A. 6901a, as amended. SECTION 2 . That existing sections 3313.671, 3701.13, and 3734.01 of the
Revised Code are hereby
repealed.
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