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(125th General Assembly)
(Amended Substitute House Bill Number 432)
AN ACT
To amend sections 3714.01, 3714.09, and 3734.02, to enact new section 3714.07 and sections 3714.021, 3714.071, and 3714.072, and to repeal section 3714.07 of the Revised Code to replace the construction and demolition debris facility license fee with a fee on the disposal of construction and demolition debris at construction and demolition debris facilities and solid waste facilities, to authorize the Director of Environmental Protection to levy an additional disposal fee at a construction and demolition debris facility to pay for ground water monitoring at construction and demolition debris facilities, to require ground water monitoring at construction and demolition debris facilities under certain circumstances, to revise the definition of "construction and demolition debris," and to extend the term of hazardous waste facility installation and operation permits from five to ten years.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3714.01, 3714.09, and 3734.02 be amended and new section 3714.07 and sections 3714.021, 3714.071, and 3714.072 of the Revised Code be enacted to read as follows:
Sec. 3714.01. 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) "Closure" means either the time at which a
construction and demolition debris facility will no longer accept
construction and demolition debris for disposal or the effective
date of an order revoking the license of the facility. The term "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, without limitation,
the establishment and maintenance of suitable cover of soil and
vegetation over areas where construction and demolition debris is
buried and the minimization of erosion, the infiltration of
surface water into such areas, the production of leachate, and
the accumulation and runoff of contaminated surface water. (C) "Construction and demolition debris" means those
materials resulting from the alteration, construction,
destruction, rehabilitation, or repair of any manmade physical
structure that is built by humans, including, without limitation, houses,
buildings,
industrial or commercial facilities, or roadways. "Construction and demolition debris" includes particles and dust created during demolition activities. "Construction
and demolition debris" does not include materials identified or
listed as solid wastes or hazardous waste pursuant to Chapter
3734. of the Revised Code and rules adopted under it; materials
from mining operations, nontoxic fly ash, spent nontoxic foundry
sand, and slag; or reinforced or nonreinforced concrete, asphalt,
building or paving brick, or building or paving stone that is
stored for a period of less than two years for recycling into a
usable construction material. (D) "Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, emitting, or placing of any
construction and demolition debris into or on any land or ground
or surface water or into the air, except if the disposition or
placement constitutes storage. (E) "Facility" means any site, location, tract of land,
installation, or building used for the disposal of construction
and demolition debris. "Facility" does not include any
construction site where construction debris and trees and brush
removed in clearing the construction site are used as fill
material on the site where the materials are generated or removed
and does not include any site where materials composed
exclusively of reinforced or nonreinforced concrete, asphalt,
clay tile, building or paving brick, or building or paving stone
are used as fill material, either alone or in conjunction with
clean soil, sand, gravel, or other clean aggregates, in
legitimate fill operations for construction purposes or to bring
the site up to a consistent grade. (F) "Health district" means a city or general health
district created by or under the authority of Chapter 3709. of
the Revised Code. (G) "Person" includes the state, any political subdivision
of the state or other state or local body, the United States and
any agency or instrumentality thereof, and any legal entity or
organization defined as a person under section 1.59 of the
Revised Code. (H) "Storage" means the holding of construction and
demolition debris for a temporary period in such a manner that it
remains retrievable and substantially unchanged and, at the end
of the period, is disposed of or reused or recycled in a
beneficial manner.
Sec. 3714.021. (A) As used in this section, "working face" means the portion of a construction and demolition debris facility where construction and demolition debris is placed for final disposal.
(B) The owner or operator of a construction and demolition debris facility that is licensed under this chapter shall attempt to remove all solid wastes from construction and demolition debris prior to the disposal of the construction and demolition debris on the working face of the facility. Except as otherwise provided in this division, the existence of solid wastes on the working face of a construction and demolition debris facility does not constitute a violation of this chapter and rules adopted under it if both of the following apply:
(1) The wastes constitute not more than two cubic yards per one thousand cubic yards of construction and demolition debris or four cubic yards per one thousand tons of construction and demolition debris disposed of at the construction and demolition debris facility based on the amount of construction and demolition debris disposed of at the facility on the preceding full business day as determined by using the amount of disposal fees collected under section 3714.07 of the Revised Code for wastes disposed of at the facility on that preceding full business day.
(2) The owner or operator or the employees of the facility remove the solid wastes from the working face of the facility.
The existence of solid wastes on the working face of a construction and demolition debris facility that is located within the boundaries of a sole source aquifer as described in division (B) of section 3714.03 of the Revised Code constitutes a violation of this chapter and rules adopted under it.
(C) The board of health of the health district in which a construction and demolition debris facility is located, the director of environmental protection, or an authorized representative of either shall request the removal of specific, visible solid wastes that are located on the working face of a construction and demolition debris facility, and the owner or operator or the employees of the facility shall remove those solid wastes.
Sec. 3714.07. (A)(1) For the purpose of assisting boards of
health
and the environmental protection agency in administering
and enforcing this
chapter and rules adopted under it, there is
hereby levied on the disposal of
construction and demolition
debris at a construction and demolition debris facility that is licensed under this chapter or at a solid waste facility that is licensed under Chapter 3734. of the Revised Code a
fee of thirty cents per cubic yard or
sixty cents per
ton,
as
applicable. (2) The owner or operator of a construction and demolition debris facility or a solid waste facility shall
determine
if cubic yards or tons will be used as the unit of
measurement. In estimating the fee based on cubic yards, the owner or
operator shall
utilize either
the maximum cubic yard capacity of the container, or the
hauling volume of the
vehicle, that transports the construction
and demolition debris to the facility or the cubic yards actually logged for disposal by the owner or operator in accordance with rules adopted under section 3714.02 of the Revised Code. If basing the fee on
tonnage, the owner or operator shall use certified scales to
determine the tonnage of construction and demolition debris that
is transported to the facility for disposal. (3) The owner or operator of a construction and demolition debris
facility
or a solid waste facility shall collect the fee levied under division (A) of this section as a
trustee for the health
district having jurisdiction over the
facility, if that district is on the
approved list under section
3714.09 of the Revised Code, or
for the state. The owner or
operator shall prepare and file with the
appropriate board of
health or the director of environmental protection
monthly returns
indicating the total volume or weight, as applicable, of construction and demolition
debris
received for disposal at the facility and the total amount of
money
required to be collected on the construction and demolition
debris disposed of
during that month. Not later than thirty days
after the last day of the month to which the return applies, the
owner or
operator shall mail to the board of health or the
director the return for that
month together with the money
required to be collected on the construction
and demolition debris
disposed of during that month. The owner or
operator may request,
in writing, an extension of not more than thirty days
after the
last day of the month to which the return applies. A request for
extension may be denied. If the owner or operator submits the
money late, the owner or operator shall pay a penalty of
ten per cent
of the amount of the money due for each
month that it is late. (4) Of the money that is collected from a construction and
demolition debris facility or a solid waste facility on a per cubic yard or per ton basis
under
this section, a board of health shall transmit three cents per
cubic
yard or six cents per ton, as applicable, to the director
not
later than forty-five days after the receipt of the money.
The money retained by a board of health
under this
section shall
be paid into a special fund, which is hereby created in each
health district, and used solely to administer and enforce this
chapter and rules adopted under it. The director shall transmit all money received from the
boards of health of health districts under this section and all
money from the disposal fee collected by the director under this
section to
the treasurer of state to be credited to the
construction and
demolition debris facility oversight fund, which
is hereby
created in the state treasury. The
fund shall be
administered by the
director, and money credited to the fund
shall be used
exclusively for the administration and enforcement
of this
chapter and rules adopted under it. (B) The board of health of
a health district or the director
may enter into an agreement with the owner
or
operator of a
construction and demolition debris facility
or a solid waste facility for
the quarterly
payment of the money collected from the disposal
fee. The board
of health shall notify the director of any such agreement.
Not
later than forty-five days after receipt of the quarterly payment,
the board of health shall transmit the amount established in division (A)(5) of this section to the director. The
money
retained by the board of health shall be deposited in the
special
fund of the district as required under that division. Upon receipt of the money from a board of
health, the
director shall transmit the money to the treasurer
of state to
be credited to the construction and demolition debris
facility
oversight fund. (C) If a construction and demolition debris facility or a solid waste facility is
located
within
the territorial boundaries of a municipal
corporation or the
unincorporated area of a township, the
municipal corporation or township
may appropriate up to four
cents
per cubic yard or up to eight cents
per ton of the disposal
fee
required to be paid by the facility under division
(A)
of this
section for the same purposes that a municipal corporation or
township may levy a fee under division (C) of section
3734.57 of
the Revised Code. The legislative authority of the municipal corporation or
township may appropriate the money from the fee by
enacting an
ordinance or adopting a resolution establishing the amount
of the fee to be
appropriated. Upon doing so, the
legislative authority shall mail
a certified copy of the
ordinance or resolution to the board of
health of the health
district in which the construction and
demolition debris
facility or the solid waste facility is located or, if the facility is
located in a health
district that is not on the approved list
under section
3714.09 of the Revised
Code, to the director. Upon
receipt of the copy of the ordinance or resolution and not later
than forty-five days after receipt of money collected from the
fee,
the board or the director, as applicable, shall
transmit to
the treasurer or other appropriate officer of the municipal
corporation or clerk of the township that portion of the money
collected from the disposal fee by the owner or operator of the
facility that is
required by the ordinance or resolution to be paid to
that
municipal corporation or township. Money received by the treasurer or other appropriate officer
of
a municipal corporation under this division shall be paid into
the general fund of the municipal corporation. Money received
by
the clerk of a township under this division shall be paid
into the
general fund of the township. The treasurer or
other officer of
the municipal corporation or the clerk of the
township, as
appropriate, shall maintain separate records of the
money
received under this division. The legislative authority of a municipal corporation or
township may cease collecting money under this division by
repealing the ordinance or resolution that was enacted or adopted
under
this division. (D) The board of county commissioners of a county in which a construction and demolition debris facility or a solid waste facility is located may appropriate up to three cents per cubic yard or up to six cents per ton of the disposal fee required to be paid by the facility under division (A) of this section for the same purposes that a solid waste management district may levy a fee under division (B) of section 3734.57 of the Revised Code.
The board of county commissioners may appropriate the money from the fee by adopting a resolution establishing the amount of the fee to be appropriated. Upon doing so, the board of county commissioners shall mail a certified copy of the resolution to the board of health of the health district in which the construction and demolition debris facility or the solid waste facility is located or, if the facility is located in a health district that is not on the approved list under section 3714.09 of the Revised Code, to the director. Upon receipt of the copy of the resolution and not later than forty-five days after receipt of money collected from the fee, the board of health or the director, as applicable, shall transmit to the treasurer of the county that portion of the money collected from the disposal fee by the owner or operator of the facility that is required by the resolution to be paid to that county.
Money received by a county treasurer under this division shall be paid into the general fund of the county. The county treasurer shall maintain separate records of the money received under this division.
A board of county commissioners may cease collecting money under this division by repealing the resolution that was adopted under this division. (E)(1) This section does not apply to the disposal of construction and demolition debris at a solid waste facility that is licensed under Chapter 3734. of the Revised Code if there is no construction and demolition debris facility licensed under this chapter within forty miles of the solid waste facility as determined by a facility's property boundaries.
(2) This section does not apply to the disposal of construction and demolition debris at a solid waste facility that is licensed under Chapter 3734. of the Revised Code if the owner or operator of the facility chooses to collect fees on the disposal of the construction and demolition debris that are identical to the fees that are collected under Chapters 343. and 3734. of the Revised Code on the disposal of solid wastes at that facility. Sec. 3714.071. (A) For the purpose of funding and conducting ground water monitoring at construction and demolition debris facilities by boards of health of health districts that are on the approved list under section 3714.09 of the Revised Code and the director of environmental protection, the director may adopt rules under Chapter 119. of the Revised Code for the purpose of levying a fee of not more than five cents per cubic yard or ten cents per ton on the disposal of construction and demolition debris at a construction and demolition debris facility that is licensed under this chapter. Such a fee shall be in addition to the fee that is levied under section 3714.07 of the Revised Code. If the director adopts rules under this section establishing a fee on the disposal of construction and demolition debris at a construction and demolition debris facility, the rules shall be subject to review every five years by the joint committee on agency rule review.
The owner or operator of a construction and demolition debris facility shall collect the fee levied under rules adopted under this section as a trustee for the health district having jurisdiction over the facility, if that district is on the approved list under section 3714.09 of the Revised Code, or for the state. The owner or operator shall collect and remit the fee in the same manner that the fee levied under section 3714.07 of the Revised Code is collected and remitted.
The money collected by a board of health under this section shall be paid into a special fund, which is hereby created in each health district, and used solely to fund and conduct ground water monitoring at construction and demolition debris facilities within the health district as specified in division (B) of this section. Of the money that is collected, a board of health shall transmit eighty per cent of the money received from the owner or operator of a facility under this section to the director not later than forty-five days after the receipt of the money. The director shall transmit all money received under this section to the treasurer of state to be credited to the construction and demolition debris facility ground water monitoring fund, which is hereby created in the state treasury. The director shall administer the fund and shall use money credited to it solely for the purposes specified in division (B) of this section.
(B) A board of health or the director, as applicable, shall conduct ground water monitoring at construction and demolition debris facilities in accordance with this section. In order to conduct the monitoring, the board or director, as applicable, shall pay for the installation of ground water monitoring wells, ground water sampling, and the laboratory analysis of the ground water samples at a construction and demolition debris facility in accordance with either of the following, as applicable:
(1) If the facility is operating before the effective date of this section and the facility has not had ground water monitoring wells installed and operating before that date, the board of health or director, as applicable, shall pay the cost of the installation of one or more ground water monitoring wells and the annual sampling and laboratory analysis of the ground water at the facility.
(2) If the facility is operating before the effective date of this section and the facility has had one or more ground water monitoring wells installed and operating before that date, the board of health or director, as applicable, shall pay the cost of the installation of one or more additional ground water monitoring wells and the annual sampling and laboratory analysis of the ground water at the facility that exceeds the facility's annual cost of ground water monitoring certified under division (C) of this section by the owner or operator of the facility.
(C) For purposes of division (B)(2) of this section, the owner or operator of a construction and demolition debris facility that is operating before the effective date of this section and that has had ground water monitoring wells installed and has incurred monitoring costs before that date shall retain for three years all documents evidencing the cost of the ground water monitoring. If the board or director, as applicable, requests documents evidencing the cost of the ground water monitoring, the owner or operator of the facility shall certify to the board or director, as applicable, the annual cost of ground water monitoring at the facility.
(D) A board of health or the director, as applicable, shall determine the priority of purchases for ground water monitoring and the payment of the costs of conducting monitoring of ground water as provided in division (B) of this section. However, a board of health or the director, as applicable, shall not purchase ground water monitoring wells or pay the costs of conducting monitoring of ground water if the applicable fund does not have sufficient money to pay those costs. The director shall consult with boards of health to determine the priority of ground water monitoring at construction and demolition debris facilities that are licensed under this chapter. (E) The director may adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to administer this section. (F) A board of health or the director, as applicable, may enter into contracts for the purpose of conducting ground water monitoring that is required in this section. Sec. 3714.072. The owner or operator of a construction and demolition debris facility that is licensed under this chapter shall allow a board of health or the director of environmental protection, as applicable, to conduct ground water monitoring at the facility to detect negative impacts to ground water quality as provided in section 3714.071 of the Revised Code unless the director determines that it is unlikely that a negative impact to the public health or the environment would occur due to the physical characteristics of the location of the facility.
Sec. 3714.09. (A) The director of environmental
protection shall place each health district that is on the
approved list under division (A) or (B) of section 3734.08 of the
Revised Code on the approved list for the purposes of issuing
licenses under section 3714.06 of the Revised Code. Any survey
or resurvey of any such health district conducted under section
3734.08 of the Revised Code shall also determine whether there is
substantial compliance with this chapter. If the director
removes any such health district from the approved list under
division (B) of that section, he the director shall also remove
the health
district from the approved list under this division and shall
administer and enforce this chapter in the health district until
the health district is placed on the approved list under division
(B) of section 3734.08 of the Revised Code or division (B)(1) of
this section. (B)(1) Upon the request of the board of health of a health
district that is not on the approved list under division (A) or
(B) of section 3734.08 of the Revised Code, the director may
place the board on the approved list for the purpose of licensing
construction and demolition debris facilities under section
3714.06 of the Revised Code if he the director determines that
the board is
both capable of and willing to enforce all of the applicable
requirements of this chapter and rules adopted under it. (2) The director shall annually survey each health
district on the approved list under division (B)(1) of this
section to determine whether there is substantial compliance with
this chapter and rules adopted under it. Upon determining that
there is substantial compliance, the director shall place the
health district on the approved list under that division. The
director shall make a resurvey when in his the director's
opinion a resurvey is
necessary and shall remove from the approved list under division
(B)(1) of this section any health district not substantially
complying with this chapter and rules adopted under it. (3) If, after a survey or resurvey is made under division
(B)(2) of this section, the director determines that a health
district is not eligible to be placed on the approved list or to
continue on that list, he the director shall certify that fact
to the board of
health of the health district and shall administer and enforce
this chapter and rules adopted under it in the health district
until such time as the health district is placed on the approved
list. (4) Whenever the director is required to administer and
enforce this chapter in any health district under division (A) or
(B)(3) of this section, he the director is hereby vested with
all of the
authority and all the duties granted to or imposed upon a board
of health under this chapter and rules adopted under it within
the health district. All construction and demolition debris
facility license disposal fees required to be paid to a board of health by
section 3714.07 of the Revised Code and all such previous fees
paid to the board, together with any money from construction and demolition debris facility license fees that were required to be paid to the board under section 3714.07 of the Revised Code as that section existed prior to the effective date of this amendment, that have not been expended or encumbered shall
be paid to the director and by him deposited by the director to the
credit of the
construction and demolition debris facility oversight fund
created in section 3714.07 of the Revised Code. (C) Nothing in this chapter limits the authority of the
director to initiate and pursue any administrative remedy or to
request the attorney general, the prosecuting attorney of the
appropriate county, or the city director of law of the
appropriate city to initiate and pursue any appropriate judicial
remedy available under this chapter to enforce any provision of
this chapter and any rules or terms or conditions of any license
or order adopted or issued under this chapter with respect to any
construction and demolition debris facility regardless of whether
the facility is located in a health district that is on the
approved list under division (A) or (B)(1) or (2) of this
section.
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 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 divisions
(N)(2) and (3) 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 divisions (A)
and (N)(3) 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 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: (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 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 ten 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 | | 10,000 |
Other forms | | | | |
of treatment | | On-site, off-site, and | | |
| | satellite | | 1,000 |
A hazardous waste disposal facility that disposes of hazardous waste by deep well injection and that pays the annual permit fee established in section 6111.046 of the Revised Code is not subject to the permit fee established in this division for disposal facilities using deep well injection unless the director determines that the facility is not in compliance with applicable requirements established under this chapter and rules adopted under it. 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
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 August 20, 1996, or
a
modification issued by the
director under division (I) of that section on and after 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)(7) 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,
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,
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. (3) The director may adopt, amend, suspend, or rescind rules
under
division (A) of this section creating an alternative system for
authorizing the establishment, operation, or modification of a
solid waste compost facility in lieu of the requirement that a
person seeking to establish, operate, or modify a solid waste
compost facility apply for and receive a permit under division (C)
of this section and section 3734.05 of the Revised Code and a
license under division (A)(1) of that section. The rules may
include requirements governing, without limitation, the classification of
solid waste compost
facilities, the submittal of operating records for solid waste
compost facilities, and the creation of a registration or
notification system in lieu of the issuance of permits and
licenses for solid waste compost facilities. The rules shall
specify the applicability of divisions (A)(1),
(2)(a), (3), and
(4) of section 3734.05 of the Revised Code to a solid waste
compost facility.
SECTION 2. That existing sections 3714.01, 3714.09, and 3734.02 and section Sec. 3714.07. of the Revised
Code are
hereby repealed.
SECTION 3. The Construction and Demolition Debris Facility
Oversight Fund that is created in section 3714.07 of the Revised
Code, as enacted by this act, is a continuation of the
Construction and Demolition Debris Facility Oversight Fund that
was created in section 3714.07 of the Revised Code, as repealed by
this act. Money credited to the Fund under former section 3714.07
of the Revised Code shall be used for the purposes specified in
section 3714.07 of the Revised Code, as enacted by this act. SECTION 4. The term of ten years for a hazardous waste facility installation and operation permit that is established in section 3734.02 of the Revised Code, as amended by this act, applies to initial and renewal permits that are issued on or after the effective date of this act.
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