To amend sections 3714.01, 3714.02, 3714.03, 3714.04, 3714.05, 3714.06, 3714.071, 3714.09, 3714.11, 3714.12, 3714.13, and 3734.28 and to enact sections 3714.051, 3714.052, 3714.053, 3714.061, 3714.062, 3714.081, 3714.082, 3714.083, and 3714.20 of the Revised Code to revise the statutes governing construction and demolition debris facilities and to declare an emergency.

Section 1. That sections 3714.01, 3714.02, 3714.03, 3714.04, 3714.05, 3714.06, 3714.071, 3714.09, 3714.11, 3714.12, 3714.13, and 3734.28 be amended and sections 3714.051, 3714.052, 3714.053, 3714.061, 3714.062, 3714.081, 3714.082, 3714.083, and 3714.20 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. "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 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) "Pulverized debris" means debris that has been shredded, crushed, ground, or otherwise rendered to such an extent that the debris is unidentifiable as construction and demolition debris.

(I) "Qualified ground water scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has at least five years of relevant experience in ground water hydrogeology and related fields that enable that individual to make sound professional judgments regarding ground water monitoring, contaminant fate and transport, and corrective measures.

(J) "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.

(K) "Transfer facility" means a site, location, tract of land, installation, or building that is used or intended to be used for the purpose of transferring construction and demolition debris that was generated off the premises of the facility from vehicles or containers into other vehicles for transportation to a construction and demolition debris facility.

Sec. 3714.02.  Within twelve months after July 24, 1990, the The director of environmental protection shall adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code governing construction and demolition debris facilities and the inspection of and issuance of licenses for those facilities. The rules shall ensure that the facilities will not create a nuisance, fire hazard, or health hazard or cause or contribute to air or water pollution. The rules shall establish all of the following:

(A) Standards and procedures for the issuance of permits to install under section 3714.051 of the Revised Code that shall include all of the following:

(1) Standards for the design and construction of facilities. These standards may include, without limitation, requirements for diking around the areas where debris is buried to prevent runoff of surface water onto adjacent property.

(2) Information that must be included in the designs and plans required to be submitted with the application for a permit to install under section 3714.051 of the Revised Code and criteria for approving, disapproving, or requiring modification of the designs and plans;

(3) Information that must be included with an application for a permit to install in addition to the information required under section 3714.051 of the Revised Code;

(4) Procedures for the issuance, denial, modification, transfer, suspension, and revocation of permits to install;

(5) Grounds for the denial, modification, suspension, or revocation of permits to install;

(6) A requirement that a person that is required to obtain both a permit to install under section 3714.051 of the Revised Code and a license under section 3714.06 of the Revised Code submit applications for the permit and license simultaneously;

(7) Criteria for establishing time periods after which a permit to install expires;

(8) Any other requirements that the director determines necessary in order to establish the program for the issuance of permits to install under section 3714.051 of the Revised Code.

(B) Standards for control over access to facilities;

(C) Standards for the operation of facilities, including, without limitation, standards for the compaction and covering of debris disposed of and standards regarding equipment used for the operation of facilities;

(D) Criteria and procedures for granting authorization to the owner or operator of a facility to dispose of asbestos or asbestos-containing materials or products at his the owner's or operator's facility;

(E) Requirements for the installation of ground water monitoring wells and the monitoring of ground water quality at any facility where the operation of the facility threatens to contaminate ground water;. The rules shall require that ground water monitoring be capable of determining impacts resulting from the operation of construction and demolition debris facilities. The rules also shall include provisions for ground water assessment and corrective actions for impacts to ground water. Further, the rules shall require that the owner or operator of a construction and demolition debris facility submit a monitoring report to the director that has been prepared by a qualified ground water scientist and that includes all of the following:

(1) A determination of any impacts to ground water from the migration of contaminants from the construction and demolition debris facility;

(2) A list of the contaminants from the facility that may be causing contamination of ground water;

(3) Recommendations for actions that should be taken to investigate and remediate the source of any ground water contamination.

(F) Requirements for the monitoring and sampling of leachate. The rules adopted under division (F) of this section shall include all of the following:

(1) A requirement that the owner or operator of a construction and demolition debris facility provide for sampling of leachate at least annually. However, the rules shall require that if leachate is recirculated through a facility instead of being disposed of off-site, the leachate be sampled at least every calendar quarter.

(2) A requirement that the owner or operator of a facility sample for at least sixty-four parameters that the director shall establish in the rules, which shall include arsenic, copper, and chromium;

(3) Procedures for establishing parameters in addition to the sixty-four parameters established in the rules adopted under division (F)(2) of this section;

(4) Requirements governing facilities that do not have a system for sampling leachate. The rules shall require that the owner or operator of such a facility monitor ground water in accordance with the rules adopted under division (E) of this section for the parameters established in the rules adopted under divisions (F)(2) and (3) of this section.

(5) Requirements governing the reporting of leachate sampling data. The rules shall require that reports be submitted to the director and the applicable board of health.

(G) Requirements respecting written, narrative plans for the operation of facilities;. The rules shall require the owner or operator of a facility to use best management practices. In addition, the rules shall require as a part of the plan of operation of a facility the inclusion of the contingency plans for effective action in response to fire or explosion at the facility as required in rules adopted under division (H) of this section.

(G)(H) Requirements respecting contingency plans for effective action in response to fire or explosion at a facility;

(H)(I) Financial assurance requirements for the closure and post-closure care of facilities. The as follows:

(1) The rules establishing the financial assurance requirements for the closure of facilities shall require that the owner or operator of a facility, before being issued a an initial license for the facility under section 3714.06 of the Revised Code, submit a surety bond, a letter of credit, or other acceptable financial assurance, as specified by the director in the rules, in an amount equal to the estimated costs for closure of those portions of the facility that have been, are being, or are to be used for the disposal of construction and demolition debris as contained in the closure plan for the facility approved by the board of health of the health district in which the facility is or is to be located or, if the facility is or is to be located in a health district that is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, determined by the director or the appropriate board of health, as applicable. The rules shall allow the director or board of health, as applicable, to adjust the amount of a surety bond, a letter of credit, or other acceptable financial assurance in conjunction with the issuance of an annual license. However, the rules shall require that the amount of a surety bond, letter of credit, or other acceptable financial assurance for the closure of a facility be not less than thirteen thousand dollars per acre of land that has been, is being, or is to be used for the disposal of construction and demolition debris.

(2) The rules establishing the financial assurance requirements for the post-closure care of facilities shall allow the director or board of health, as applicable, to determine the amount of a surety bond, a letter of credit, or other acceptable financial assurance for the post-closure care of a facility on a case by case basis. The rules shall require that the owner or operator of a facility provide post-closure financial assurance for a minimum period of five years after the closure of a facility.

(I)(J) Requirements for the closure of facilities. The requirements shall include minimum requirements for the closure of all facilities and such additional requirements as are reasonably related to the location of the facility and the type and quantity of materials disposed of in the facility.

(K) Requirements for the post-closure care of facilities for a minimum period of five years after the closure of a facility;

(L) Procedures and requirements for the certification of pulverized debris as construction and demolition debris for the purposes of section 3714.081 of the Revised Code. The procedures and requirements shall include, without limitation, both of the following:

(1) A requirement that the structure at which the debris was generated was inspected by the appropriate board of health, the director, or another appropriate authority designated by rule;

(2) A system for tracking the debris from the point of generation to the point of disposal for purposes of ensuring that it is not mixed with debris that is not construction and demolition debris.

(M) Procedures and requirements governing the certification of construction and demolition debris by transfer facilities as required under section 3714.082 of the Revised Code;

(N) Requirements governing the provision of notification under section 3714.083 of the Revised Code by owners and operators of construction and demolition debris facilities of rejected shipments and by transporters of the final disposition of rejected shipments;

(O) Requirements governing the certification and training of operators of construction and demolition debris facilities as required under section 3714.062 of the Revised Code.

The rules adopted under this section shall not prohibit the open burning of construction debris on a construction site in compliance with division (C)(1) of section 3704.11 of the Revised Code.

The amendments to divisions (E) and (F) of this section by ...... and rules adopted pursuant to those amendments shall apply only to construction and demolition debris facilities or modifications of construction and demolition debris facilities for which a permit to install is issued under section 3714.051 of the Revised Code after the effective date of this amendment unless the director determines that the application of those amendments and rules adopted pursuant to them to a facility in operation on the effective date of this amendment that is conducting leachate and ground water monitoring is necessary to protect public health and the environment.

Sec. 3714.03. (A) As used in this section:

(1) "Aquifer system" means one or more geologic units or formations that are wholly or partly saturated with water and are capable of storing, transmitting, or yielding ground water at a time weighted average rate greater than one-tenth of a gallon per minute over a twenty-four-hour period unless the geologic units or formations yield less than three gallons per minute, but more than one-tenth of a gallon per minute and the ground water yield is less than fifty per cent of the yield of another saturated zone under a construction and demolition debris facility that is the likely source of water used for any purpose within one mile of the facility.

(2) "Category 3 wetland" means a wetland that supports superior habitat or hydrological or recreational functions as determined by an appropriate wetland evaluation methodology acceptable to the director of environmental protection. "Category 3 wetland" includes a wetland with high levels of diversity, a high proportion of native species, and high functional values and includes a wetland that contains or provides habitat for threatened or endangered species. "Category 3 wetland" may include high quality forested wetlands, including old growth forested wetlands, mature forested riparian wetlands, vernal pools, bogs, fens, and wetlands that are scarce regionally.

(3) "Limits of construction and demolition debris placement" means the areal and vertical limits of debris placement within a construction and demolition debris facility and includes the volume of debris placement.

(4) "Natural area" means either of the following:

(a) An area designated by the director of natural resources as a scenic river under section 1517.14 of the Revised Code;

(b) An area designated by the United States department of the interior as a national scenic river.

(5) "New portion of an existing facility" means any area of an existing facility that has not been designated as an active or inactive licensed disposal area for the facility.

(B) Neither the director of environmental protection nor any board of health shall issue a license permit to install under section 3714.06 3714.051 of the Revised Code to establish and operate a new construction and demolition debris facility or to modify an existing facility when any portion of the limits of construction and demolition debris placement at the new facility is or at any new portion of the existing facility are proposed to be located in either of the following locations:

(A)(1) Within the boundaries of the a one-hundred-year flood plain of a watercourse, as those boundaries are shown on the applicable maps prepared under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, unless the owner or operator has obtained an exemption from this division (B)(1) of this section in accordance with section 3714.04 of the Revised Code. With respect to watercourses or portions thereof for which If no such maps have been prepared, the boundaries of the a one-hundred-year flood plain shall be determined by the applicant for a license permit based upon a design storm of seven inches of precipitation in twenty-four hours and upon standard methodologies set forth in "urban hydrology for small watersheds" (soil conservation service technical release number 55) and section 4 of the "national engineering hydrology handbook" of the soil conservation service of the United States department of agriculture.

(B)(2) Within the boundaries of a sole source aquifer designated by the administrator of the United States environmental protection agency under the "Safe Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as amended.

(C) Neither the director nor any board shall issue a permit to install under section 3714.051 of the Revised Code to establish a new construction and demolition debris facility or to modify an existing facility when the limits of construction and demolition debris placement at the new facility or at any new portion of the existing facility are proposed to be located in any of the following locations:

(1) Within one hundred feet of a perennial stream as defined by the United States geological survey seven and one-half minute quadrangle map or a category 3 wetland;

(2) Within one hundred feet of the facility's property line;

(3)(a) Except as provided in division (C)(3)(b) of this section, within five hundred feet of a residential or public water supply well.

(b) Division (C)(3)(a) of this section does not apply to a residential or public water supply well under any of the circumstances specified in divisions (C)(3)(b)(i) to (iii) of this section. Instead, the distance specified under each of the following circumstance applies:

(i) If the well is controlled by the owner or operator of the construction and demolition debris facility, any distance, provided that the location of the limits of construction and demolition debris placement does not violate any other provision of this section;

(ii) If the well is hydrologically separated from the limits of construction and demolition debris placement, the distance comprising the hydrological separation;

(iii) If the well is upgradient from the limits of construction and demolition debris placement and the geological material that separates the uppermost aquifer and the limits of construction and demolition debris placement consists of at least five feet of material that has a maximum hydraulic conductivity of 1 x 10-5 cm/sec and all of the geologic material comprising the five feet has a hydraulic conductivity equal to or less than 1 x 10-5 cm/sec, two hundred fifty feet.

(4) Within five hundred feet 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 area located in this state that is recommended by the secretary for study for potential inclusion in the national park system in accordance with "The Act of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;

(5) Within five hundred feet of a natural area, any area established by the department of natural resources as a state wildlife area under Chapter 1531. of the Revised Code and rules adopted under it, any area that is formally dedicated as a nature preserve under section 1517.05 of the Revised Code, or any area designated by the United States department of the interior as a national wildlife refuge;

(6) Within five hundred feet of a lake;

(7) Within five hundred feet of an occupied dwelling.

(D) Neither the director nor any board shall issue a permit to install under section 3714.051 of the Revised Code to establish a new construction and demolition debris facility or to modify an existing facility when the limits of construction and demolition debris placement at the new facility or at any new portion of an existing facility are proposed to be located less than five feet above the uppermost aquifer system.

(E) Neither the director nor any board shall issue a permit to install under section 3714.051 of the Revised Code to establish a new construction and demolition debris facility or to modify an existing facility when any road at the new facility or at any new portion of an existing facility is proposed to be located within five hundred feet of an occupied dwelling or within one hundred feet from the facility's property line.

(F) Neither the director nor any board shall issue a permit to install under section 3714.051 of the Revised Code to establish a new construction and demolition debris facility unless the new facility will have all of the following:

(1) Roads that follow the facility's perimeter. The roads shall be constructed in a manner that allows use in all weather conditions and will withstand the anticipated degree of use with minimum erosion and generation of dust.

(2) Surface water drainage and sediment controls that are required by the director;

(3) If the facility is proposed to be located in an area in which an applicable zoning resolution allows residential construction, vegetated earthen berms or an equivalent barrier with a minimum height of six feet separating the facility from adjoining property.

Sec. 3714.04.  The (A) Subject to division (B) of this section, the director of environmental protection or the board of health having territorial jurisdiction may by order exempt any person disposing of or proposing to dispose of construction and demolition debris in such quantities or under such circumstances that, in the determination of the director or board of health, are unlikely to adversely affect the public health or safety or the environment, or to create a fire hazard, from any provision of this chapter or a rule adopted or order issued under it, other than division (B)(2) of section 3714.03 or division (E) of section 3714.13 of the Revised Code. Neither the director nor any board of health shall grant an exemption under this section from division (A)(B)(1) of section 3714.03 of the Revised Code if the director or board finds from the license permit to install application that the establishment of a new construction or demolition debris facility in the one-hundred-year flood plain of a watercourse would result in an increase of more than one foot in the elevation of the flood stage of the watercourse upstream or downstream from the proposed facility. The applicant for a license permit to install shall determine the increase in the flood stage resulting from the location of the proposed facility within the one-hundred-year flood plain of a watercourse based upon a design storm of seven inches of precipitation in twenty-four hours and upon standard methodologies set forth in "urban hydrology for small watersheds" (soil conservation service technical release number 55) and section 4 of the "national engineering hydrology handbook" of the soil conservation service of the United States department of agriculture.

(B) Before a board of health issues an order that exempts a person disposing of or proposing to dispose of construction and demolition debris as provided in division (A) of this section, the board shall provide written notice to the director of the board's intention to grant an exemption under that division. The notice shall contain a description of the facts surrounding the proposed exemption and any other information that the director may require. Not later than thirty days after receipt of the notice, the director shall approve or deny the proposed exemption. The director shall provide a copy of the director's determination to the board of health that submitted the notice to grant an exemption. If the director approves the proposed exemption, the board of health may issue the order granting the exemption as provided under division (A) of this section. If the director denies the proposed exemption, the board of health shall not issue the order.

(C) The director's determination under this section is not appealable.

Sec. 3714.05.  The board of health of each health district maintaining a program on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code shall provide for the issuance of permits to install for and the inspection or of, licensing of, and enforcement of standards governing construction and demolition debris facilities under this chapter and rules adopted under it. The director of environmental protection shall provide for the issuance of permits to install for construction and demolition debris facilities, the inspection and licensing of construction and demolition debris facilities, and the enforcement of standards in health districts that are not on the approved list under those divisions and may provide for the inspection of the facilities and enforcement of standards in health districts that are on the approved list under those divisions. Further, the director may provide for the issuance of permits to install in a health district on the approved list if so requested by the applicable board of health under section 3714.051 of the Revised Code.

Sec. 3714.051. (A)(1) Not later than ninety days after the effective date of this section and in accordance with rules adopted under section 3714.02 of the Revised Code, the director of environmental protection shall establish a program for the issuance of permits to install for new construction and demolition debris facilities and the modification of existing construction and demolition debris facilities.

(2) On and after the effective date of this section, no person shall modify an existing or establish a new construction and demolition debris facility without first obtaining a permit to install issued by the board of health of the health district in which the facility is or is to be located or from the director if the facility is or is to be located in a health district that is not on the approved list under section 3714.09 of the Revised Code.

(B) The director, the director's authorized representative, a board of health, or an authorized representative of the board may assist an applicant for a permit to install during the permitting process by providing guidance and technical assistance.

(C) An applicant for a permit to install shall submit an application to a board of health or the director, as applicable, on a form that the director prescribes. The applicant shall include with the application all of the following:

(1) The name and address of the applicant, of all partners if the applicant is a partnership or of all officers and directors if the applicant is a corporation, and of any other person who has a right to control or in fact controls management of the applicant or the selection of officers, directors, or managers of the applicant;

(2) The designs and plans for the proposed construction and demolition debris facility or modification of a facility that include the proposed location of the facility or modification, design and construction plans and specifications, anticipated beginning and ending dates for work performed, and any other related information that the director requires by rule;

(3) The information required under section 3714.052 of the Revised Code;

(4) An application fee of two thousand dollars. A board of health shall deposit money collected under division (C)(4) of this section into the special fund of the health district created under section 3714.07 of the Revised Code. The director shall transmit money collected under division (C)(4) of this section to the treasurer of state to be credited to the construction and demolition debris facility oversight fund created in that section. Not later than six months after the issuance of a permit to install, a board of health or the director, as applicable, shall refund the application fee received under division (C)(4) of this section to the person that submitted the application for the permit to install.

(5) Any other information required by the director in accordance with rules adopted under section 3714.02 of the Revised Code.

(D) A permit to install may be issued with terms and conditions that a board of health or the director, as applicable, finds necessary to ensure that the facility will comply with this chapter and rules adopted under it and to protect public health and safety and the environment.

(E) A permit to install shall expire after a time period specified by the director or board of health, as applicable, in accordance with rules adopted under section 3714.02 of the Revised Code unless the applicant has undertaken a continuing program of construction or has entered into a binding contractual obligation to undertake and complete a continuing program of construction within a reasonable time, in which case the director or board, as applicable, may extend the expiration date of a permit to install upon request of the applicant.

(F) The director or a board of health, as applicable, may issue, deny, modify, suspend, or revoke a permit to install in accordance with rules.

(G) A board of health shall notify the director of its receipt of an application for a permit to install. A board of health may request the director to review an application for a permit to install and issue or deny it when the board determines that additional expertise is required for such a review. Upon a board of health's issuance of a permit to install for a construction and demolition debris facility under this section, the board shall mail a copy of the permit to the director together with approved plans, specifications, and information regarding the facility.

Sec. 3714.052. (A) An application for a permit to install a new construction and demolition debris facility or modify an existing facility that is submitted by the owner or operator of the proposed new or modified facility under section 3714.051 of the Revised Code shall be accompanied by all of the following:

(1) A listing of all construction and demolition debris facilities that the owner or operator of the proposed new or modified construction and demolition debris facility has operated or is operating in this state;

(2) A listing of the construction and demolition debris facilities that the owner or operator has operated or is operating elsewhere in the United States together with a listing of the construction and demolition debris facilities that the owner or operator has operated or is operating outside the United States;

(3) A listing of all administrative enforcement orders issued to the owner or operator, all civil actions in which the owner or operator was determined by the trier of fact to be liable in damages or was the subject of injunctive relief or another type of civil relief, and all criminal actions in which the owner or operator pleaded guilty or was convicted, during the fifteen years immediately preceding the submission of the application, in connection with any violation of an applicable state or federal law pertaining to environmental protection that was alleged to have occurred or to be occurring at any construction and demolition debris facility that the owner or operator has operated or is operating in the United States or with any violation of the environmental laws of another country that was alleged to have occurred or to be occurring at any construction and demolition debris facility that the owner or operator has operated or is operating outside the United States;

(4) A listing of all administrative enforcement orders, civil actions, or criminal actions pending at the time of the submission of the application for a permit to install in connection with a violation of any applicable state or federal law or law of another country pertaining to environmental protection that was alleged to have occurred or to be occurring at any construction and demolition debris facility that the owner or operator has operated or is operating in the United States or outside the United States.

The lists of construction and demolition debris facilities operated by the owner or operator within or outside this state or outside the United States shall include all such facilities operated by the owner or operator during the fifteen-year period immediately preceding the submission of the application.

(B) If the applicant for a permit to install has been involved in any prior activity involving the operation of a construction and demolition debris facility, the director of environmental protection or a board of health, as applicable, may deny the application if the director or board finds from the application, the information submitted under divisions (A)(1) to (4) of this section, pertinent information submitted to the director or board, and other pertinent information obtained by the director or board at the director's or board's discretion that the applicant or persons associated with the applicant, in the operation of construction and demolition debris facilities, have a history of substantial noncompliance with state and federal laws pertaining to environmental protection or the environmental laws of another country that indicates that the applicant lacks sufficient reliability, expertise, and competence to operate the proposed new or modified construction and demolition debris facility in substantial compliance with this chapter and rules adopted under it.

Sec. 3714.053. Not later than sixty days after the receipt of an application for a permit to install a new construction and demolition debris facility or to modify an existing facility, the director of environmental protection or a board of health, as applicable, shall hold a public hearing in the township or municipal corporation in which the facility or proposed facility is or is to be located. At least thirty days prior to the public hearing, the person that submitted the application shall provide notice of the time, day, and location of the public hearing in a newspaper of general circulation in the locality of the facility or proposed facility and shall mail a copy of the notice to the director or the board of health, whichever is applicable. Further, at least thirty days prior to the public hearing, the person that submitted the application shall provide notification of the public hearing by certified mail to the owner of each parcel of real property that is adjacent to the facility or proposed facility.

Sec. 3714.06.  (A) No person shall establish, modify, operate, or maintain a construction and demolition debris facility without a an annual construction and demolition debris facility installation and operation license issued by the board of health of the health district in which the facility is or is to be located or, if the facility is or is to be located in a health district that is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, from the director of environmental protection. Each person proposing to open a new construction and demolition debris facility or to modify an existing facility shall, at least ninety days before proposed operation of the facility, submit an application for a license with accompanying plans, specifications, and information regarding the facility and its method of operation to the board of health of the health district in which the facility is located or proposed for approval as complying with the rules adopted under section 3714.02 of the Revised Code and the standards set forth in divisions (A) and (B) of section 3714.03 of the Revised Code or, if the health district in which the facility is located or proposed to be located is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, to the director for approval as complying with those rules and standards. If the board of health or the director, as appropriate, finds that the proposed facility or modification complies with those rules and standards, the board or director shall issue a license for the facility. Any such license may be issued with such terms and conditions as the board or the director, as appropriate, finds necessary to ensure that the facility will comply with this chapter and the rules adopted under it and to protect the public health and safety and the environment. Licenses issued under this section expire annually on the thirty-first day of December.

(B) During the month of December, but before the first day of January of the next year, each person proposing to continue with construction or operation of a construction and demolition debris facility shall procure a license for the facility for that year from the board of health of the health district in which the facility is located or, if the facility is located in a health district that is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, from the director. The application for a license shall be submitted to the board of health or the director, as appropriate, on or before the last day of September of the year preceding that for which the license is sought. However, an application for a license for a new facility or modification of an existing facility shall be submitted at the time that an application for a permit to install is submitted for the facility under section 3714.051 of the Revised Code; the license shall be valid until the time that the next annual license is required to be obtained for the facility under this section. A person who has received a license, upon sale or disposition of the facility, may, with the consent of the board or the director, as appropriate, have the license transferred to another person.

(C) The owner or operator of a construction and demolition debris facility that is in operation or under construction on the effective date of this section shall, within six months after the effective date of the rules adopted under section 3714.02 of the Revised Code, submit to the board of the health district in which the facility is located or under construction an application for a construction and demolition debris facility installation and operation license and accompanying plans, specifications, and information regarding the facility and its method of operation. If the health district in which such an existing facility is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, the owner or operator of the facility shall submit the application for a license and accompanying plans, specifications, and information regarding the facility and its method of operation to the director within that time. The board or the director, as appropriate, shall issue a license for such an existing facility within ninety days after receiving a complete application therefor and accompanying plans, specifications, and information if the board or the director finds that the facility complies with the rules adopted under section 3714.02 of the Revised Code. When issuing a license under this division for an existing facility or a license to expand any existing facility that was initially licensed under this division onto contiguous land owned by the owner or operator of the existing facility on the date on which the application for a license for the facility was submitted under this division, neither the board nor the director shall consider whether the existing facility complies with the standards set forth in divisions (A) and (B) of section 3714.03 of the Revised Code.

If the board of health or the director denies an application submitted under this division, the board or the director shall include in the order denying the application the requirements that the owner or operator of the facility submit a plan for closure of the facility to the board or the director, as appropriate, for approval within six months after issuance of the order; cease accepting construction and demolition debris for disposal; and commence closure of the facility within one year after issuance of the order.

(D) Upon issuance of a license by a board of health under this section, the board of health shall mail a copy of the license to the director together with a copy of the plans for the operation of the facility that are required under section 3714.061 of the Revised Code. If a license authorizes construction of a new facility or modification of an existing facility, the board shall also mail with the license a copy of the approved plans, specifications, and information regarding the facility and its method of operation.

Sec. 3714.061. (A) A person who submits an application under section 3714.06 of the Revised Code for an initial license to operate a construction and demolition debris facility shall submit with the application the plans for the operation of the facility that are required by rules adopted under section 3714.02 of the Revised Code. In addition, the owner or operator of the facility shall submit any necessary updates to the plans for the operation of the facility as required by rules adopted under that section when submitting an application under section 3714.06 of the Revised Code for an annual license for the continued operation of the facility. The plans for the operation of the facility shall include the plan for effective action in response to fire or explosion at the facility as required by rules adopted under section 3714.02 of the Revised Code.

(B) A person who submits an application under section 3714.06 of the Revised Code for an initial license to operate a construction and demolition debris facility shall provide, at the time that the application is submitted, to the fire department that would respond to the facility a copy of the plan for effective action in response to fire or explosion at the facility that is required by rules adopted under section 3714.02 of the Revised Code. In addition, the owner or operator of the facility shall submit any necessary updates to the plan as required by rules adopted under that section at the time that the owner or operator submits an application under section 3714.06 of the Revised Code for an annual license for continued operation of the facility.

Sec. 3714.062. (A) The director of environmental protection, in consultation with boards of health and a statewide association representing construction and demolition debris facilities, shall establish a program for the certification of operators of construction and demolition debris facilities and shall establish continuing education training requirements for those operators as part of the certification program.

(B) The program for the certification of operators, including the continuing education training requirements, shall include instruction in and shall emphasize, at a minimum, both of the following:

(1) The laws governing construction and demolition debris facilities and disposal of construction and demolition debris;

(2) Best management practices governing construction and demolition debris facilities and disposal of construction and demolition debris.

(C) The director shall approve persons who provide continuing education training for operators of construction and demolition debris facilities.

(D) An operator shall successfully complete a minimum of ten hours of continuing education training each calendar year. No operator shall fail to comply with this division.

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 April 15, 2005, 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 April 15, 2005, 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.

A board of health or the director, as applicable, shall not pay any costs under this section for the installation of ground water monitoring wells, ground water sampling, or the laboratory analysis of ground water samples at or from a construction and demolition debris facility for which a permit to install has been issued under section 3714.051 of the Revised Code or at or from a modification of a facility for which a permit to install has been issued under that section.

(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 April 15, 2005, 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. 3714.081. (A) A construction and demolition debris facility shall not accept pulverized debris except as provided in division (B) of this section.

(B) Pulverized debris may be accepted at a construction and demolition debris facility if it has been certified as construction and demolition debris in accordance with rules adopted under section 3714.02 of the Revised Code.

(C) The board of health of a 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 pulverized debris that has been brought to the construction and demolition debris facility. Upon the receipt of such a request, the owner or operator of the facility shall do one of the following:

(1) Immediately cause the pulverized debris to be removed from the facility;

(2) Store the pulverized debris at a location at the facility where construction and demolition debris is not disposed of for not more than ten days after the receipt of a request to remove the debris from the facility. Not later than the end of the ten-day period, the owner or operator shall cause the pulverized debris to be removed from the facility.

Sec. 3714.082. (A) A construction and demolition debris facility shall not accept material from a transfer facility unless the transfer facility has certified that the material is construction and demolition debris. A transfer facility shall not transfer material to a construction and demolition debris facility unless the transfer facility has provided such certification to the owner or operator of the construction and demolition debris facility. Certification shall be in a written form prescribed by the director of environmental protection and shall be included with each shipment of material certifying that the material is construction and demolition debris. The certification shall be provided to the owner or operator of a construction and demolition debris facility at the time that the construction and demolition debris that is the subject of the certification is presented at the facility for disposal. The owner or operator of the construction and demolition debris facility shall keep a copy of the certification.

(B) If a transfer facility fails to provide certification to the owner or operator of a construction and demolition debris facility as required under this section, or if a transfer facility falsely certifies debris as construction and demolition debris to the owner or operator of a construction and demolition debris facility, the owner or operator immediately shall notify the director of the lack of certification or of the falsely certified debris. The director subsequently shall investigate the information provided by the owner or operator.

If, through the investigation, the director verifies the information provided by the owner or operator, the director may issue an order in the same manner as provided in section 3714.12 of the Revised Code prohibiting any construction and demolition debris facility in this state from accepting construction and demolition debris from the transfer facility for a time period specified in the order. The director shall provide written notification of the order to each owner or operator of a construction and demolition debris facility in this state.

Sec. 3714.083. (A) If the owner or operator of a construction and demolition debris facility rejects a shipment of debris because the shipment is not eligible for disposal at the facility under this chapter and rules adopted under it, the owner or operator shall notify the director of environmental protection of the rejection of the shipment. The notification shall be made in accordance with rules adopted under section 3714.02 of the Revised Code and shall include the date and time that the shipment was rejected, the name of the transporter of the shipment, and the reason for rejecting the shipment.

(B) A transporter of a shipment that has been rejected under division (A) of this section shall notify the director of the ultimate disposition of the shipment after the shipment's rejection. The notification shall be made in accordance with rules adopted under section 3714.02 of the Revised Code and shall include the date and time that the shipment was ultimately disposed of after its rejection, the location of the disposal, and the name of the owner or operator of the construction and demolition debris facility or solid waste facility that accepted the shipment for disposal.

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 permits and licenses under section 3714.06 of the Revised Code this chapter. 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, 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 permitting and licensing construction and demolition debris facilities under section 3714.06 of the Revised Code this chapter if 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 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, 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, 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 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 April 15, 2005, that have not been expended or encumbered shall be paid to the director and 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 permit or 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. 3714.11.  (A) The attorney general, the prosecuting attorney of the county, or the city director of law where a violation has occurred, is occurring, or may occur, upon the request of the respective board of health of the health district, the legislative authority of the political subdivision in which a violation has occurred, is occurring, or may occur, or the director of environmental protection, shall prosecute to termination or bring an action for injunction against any person who has violated, is violating, or is threatening to violate any section of this chapter, applicable rules adopted under it, or terms or conditions of a permit, license, or order issued under it. The court of common pleas in which an action for injunction is filed has the jurisdiction to and shall grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated, is violating, or is threatening to violate any section of this chapter, applicable rules adopted under it, or terms or conditions of a permit, license, or order issued under it. The court shall give precedence to such an action over all other cases.

(B) If the board of health of the health district in which a violation has occurred or is occurring or the director determines that any person has violated or is violating this chapter, a rule adopted under it, or a term or condition of a permit, license, or order issued under it, the board or the director may request in writing that the attorney general, the prosecuting attorney of the county, or the city director of law where the violation has occurred or is occurring to bring an action for civil penalties in any court of competent jurisdiction. Such an action shall have precedence over all other cases. The court may impose upon the person a civil penalty of not more than ten thousand dollars for each day of each violation of this chapter, a rule adopted under it, or a term or condition of a permit, license, or order issued under it.

Moneys resulting from civil penalties imposed by an action brought at the request of the board of health shall be credited to the special fund of the health district created in section 3714.07 of the Revised Code. Moneys resulting from civil penalties imposed by an action brought at the request of the director shall be credited to the hazardous waste clean-up fund created in section 3734.28 of the Revised Code.

Any action under this division is a civil action, governed by the Rules of Civil Procedure.

(C) The director and board of health, within their respective territorial jurisdictions, may, upon their own initiative, investigate or make inquiries regarding the disposal of construction and demolition debris.

(D) This chapter does not abridge rights of action or remedies in equity, under common law, or as provided by statute or prevent the state or any municipal corporation or person in the exercise of their rights in equity, under common law, or as provided by statute to suppress nuisances or to abate or prevent pollution.

Sec. 3714.12.  (A) The board of health of a health district may make orders in accordance with section 3709.20 or 3709.21 of the Revised Code to a permit or license holder or other person to abate, within a specified, reasonable time, a violation of any section of this chapter, a rule adopted under it, or a term or condition of a permit or license issued under it. The director of environmental protection may issue enforcement orders in accordance with Chapter 3745. of the Revised Code to a permit or license holder or other person to abate, within a specified, reasonable time, a violation of any section of this chapter, a rule adopted under it, or a term or condition of a permit or license issued under it.

(B) If the board of health or the director determines that conditions at a construction and demolition debris facility or other location where construction and demolition debris is being disposed of are causing or threatening to cause an imminent and substantial threat to public health or safety or the environment or an imminent and substantial risk of fire and that, due to any of those conditions, an emergency exists requiring immediate action to protect the public health or safety or the environment, the board or the director may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet the emergency. The order shall be effective immediately. Any person to whom such an order is directed shall comply immediately, but on application to the director or the board of health, as appropriate, shall be afforded a hearing as soon as possible, but not later than thirty days after application. On the basis of the hearing, the director or the board of health shall continue the order in effect or revoke or modify it. No emergency order shall remain in effect for more than ninety days after its issuance.

Sec. 3714.13.  (A) No person shall violate any section of this chapter.

(B) No person shall violate a rule adopted under this chapter.

(C) No person shall violate an order issued under this chapter. Violation of an order issued by a board of health under this chapter is not also a violation of section 3709.20 or 3709.21 of the Revised Code, whichever is applicable.

(D) No person who holds a permit or license issued under this chapter shall violate any of the terms or conditions of the permit or license.

(E) No owner or operator of a construction or demolition debris facility shall dispose of asbestos or asbestos-containing materials or products at the facility unless he the owner or operator is specifically authorized to do so by the board of health of the health district in which the facility is located, or by the director, pursuant to rules adopted under division (D) of section 3714.02 of the Revised Code.

(F) No person shall knowingly place or cause to be placed any reinforced or nonreinforced concrete, asphalt, clay tile, building or paving brick, or building or paving stone resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade physical structure that is built by humans as fill material on or in any land owned, leased, or controlled by the person, other than on the site where the materials were so generated or removed, without providing written notice to the board of health of the health district in which the land is located or, if the health district is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, to the director of environmental protection at least seven days prior to the first placement of any such materials as fill material at the off-site location.

Sec. 3714.20. The director of environmental protection shall establish and maintain a computerized database or databases composed of the record made under section 3714.08 of the Revised Code of the annual inspection of each construction and demolition debris facility, information from the annual survey of each health district made under section 3714.09 or 3734.08 of the Revised Code, as applicable, and ground water and leachate data collected in accordance with rules adopted under section 3714.02 of the Revised Code. The information and data shall be stored in such a manner that they are easily retrieved and available for sharing with health districts and all other interested persons.

Sec. 3734.28.  All moneys collected under sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised Code and natural resource damages collected by the state under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall be paid into the state treasury to the credit of the hazardous waste clean-up fund, which is hereby created. In addition, any moneys recovered for costs paid from the fund for activities described in division divisions (A)(1) and (2) of section 3745.12 of the Revised Code shall be credited to the fund. The environmental protection agency shall use the moneys in the fund to conduct remediation activities at construction and demolition debris facilities licensed under Chapter 3714. of the Revised Code and for the purposes set forth in division (D) of section 3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27, and, through October 15, 2005, divisions (A)(1) and (2) of section 3745.12 and Chapter 3746. of the Revised Code, including any related enforcement expenses. In addition, the agency shall use the moneys in the fund to pay the state's long-term operation and maintenance costs or matching share for actions taken under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," as amended. If those moneys are reimbursed by grants or other moneys from the United States or any other person, the moneys shall be placed in the fund and not in the general revenue fund.

Section 2. That existing sections 3714.01, 3714.02, 3714.03, 3714.04, 3714.05, 3714.06, 3714.071, 3714.09, 3714.11, 3714.12, 3714.13, and 3734.28 of the Revised Code are hereby repealed.

Section 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that a moratorium on the siting of new construction and demolition debris facilities and the expansion of existing facilities is due to expire on December 31, 2005, and additional statutory requirements related to such facilities are necessary to protect public health and the environment. Therefore, this act shall go into immediate effect.