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Sub. H. B. No. 432As Reported by the House Energy and Environment CommitteeAs Reported by the House Energy and Environment Committee
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Webster, McGregor, Wolpert, Niehaus, Aslanides, Setzer
A BILL
To amend sections 3714.01 and 3714.09, to enact new section 3714.07 and section 3714.021, 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, and to revise the definition of "construction and demolition debris."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3714.01 and 3714.09 be amended and new section 3714.07 and section 3714.021 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 and through transport. "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 either of the following applies:
(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 may request the removal of specific, visible solid wastes that are located on the working face of a construction and demolition debris facility. The owner or operator or the employees of the facility shall remove those solid wastes if so requested.
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) If construction and demolition debris is disposed of at a construction and demolition debris facility, the owner or operator of the 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) If construction and demolition debris is disposed of at a solid waste facility, the owner or operator of the facility shall assess the fee on a per cubic yard or per ton basis as designated in the solid waste management plan of the solid waste management district in which the facility is located for the collection of the district's solid waste disposal fee pursuant to division (B) of section 3734.57 of the Revised Code. (4) 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. (5) 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 collects fees under that chapter on the disposal of the construction and demolition debris.
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.
Section 2. That existing sections 3714.01 and 3714.09 and section 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.
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