SENATOR Mumper
A BILL
To enact section 1514.081 of the Revised Code to
require the Chief of the
Division of Mineral
Resources Management in the Department of Natural
Resources to
adopt rules governing the beneficial
use of lime mining wastes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1514.081 of the Revised Code be
enacted to read as
follows:
Sec. 1514.081. (A) As used in this section:
(1) "Lime mining wastes" means residual solid or semisolid
materials generated from lime or limestone
mining and processing
operations, including, without limitation, lime kiln dust,
scrubber sludge from lime kiln operations, lime or limestone
materials not
meeting product specification, lime hydrating
materials, and other lime or
limestone mining, processing, or
calcining materials associated with lime or
limestone mining or
processing.
(2) "Beneficial use" means the use of lime mining wastes for
land application
for land that is reclaimed in accordance with
this chapter and rules adopted under it, including, but not
limited to, use as fill material in quarries, and any
other
purposes designated by the chief of
the division of mineral
resources management, including demonstration projects
approved by
the chief.
(3) "Solid waste disposal facility" means a facility for the
disposal of
solid wastes that is licensed under Chapter 3734. of
the Revised Code.
(4) "Disposal system" has the same meaning as in section
6111.01 of the Revised Code.
(B) The chief may adopt, amend, and rescind rules in
accordance
with Chapter 119. of the Revised Code establishing
standards and requirements for
the beneficial use of lime mining
wastes, including the beneficial use of lime
mining wastes at lime
mining and reclamation operations governed by this chapter. The
beneficial use of lime mining wastes is subject to any applicable
standards and
requirements established under this chapter and
rules adopted it.
(C) The beneficial use of lime mining wastes does not
constitute
establishing a solid waste disposal facility or a
disposal system.
A beneficial use of lime mining wastes
that is
authorized under this section is not subject to any of the
following:
(1) Permit and license requirements for solid waste
facilities established
under sections 3734.02 and 3734.05 of the
Revised Code;
(2) The prohibition against open dumping of solid wastes
established under
section 3734.03 of the Revised Code;
(3) Solid waste disposal and generation fees established
under sections
3734.57 to 3734.574 of the Revised Code;
(4) Permit to install and plan approval requirements and
prohibitions established under
sections 6111.03, 6111.04, 6111.44,
and 6111.45 of the Revised Code.
Nothing in this section shall be construed to limit any other
requirements
that are applicable to the beneficial use of lime
mining wastes under
Chapter 3704., 3714., 3734., or 6111. of the
Revised Code or any local or federal
laws, including, without
limitation, requirements governing air pollution
control permits,
hazardous waste installation and operation permits, national
pollutant discharge elimination system permits, and section 401
water quality
certifications.