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Sub. H. B. No. 169 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Evans, McGregor, J., Latta, Stebelton, Chandler, Yuko, Collier, Fessler, Wolpert, Lundy, Hagan, R., Mallory, Otterman, Heard, Williams, B., Schindel, DeBose, Celeste, Zehringer, Budish, Domenick, Dyer, Flowers, Foley, Harwood, Hughes, Koziura, Letson, Miller, Stewart, D., Stewart, J., Wagoner
Senators Niehaus, Schaffer, Miller, D., Morano, Fedor, Harris, Kearney, Mason, Mumper, Spada
A BILL
To amend section 3734.13 and to enact sections
3734.91, 3734.911, 3734.912, 3734.913, 3734.914,
and 3734.915 of the Revised Code to establish
requirements governing the disposal and collection
of used lead-acid batteries.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3734.13 be amended and sections
3734.91, 3734.911, 3734.912, 3734.913, 3734.914, and 3734.915 of
the Revised Code be enacted to read as follows:
Sec. 3734.13. (A) The director of environmental
protection
may issue, modify, suspend, or revoke enforcement
orders in
accordance with Chapter 3745. of the Revised Code to a
holder of a
registration certificate, permit, or license issued
by the
director or a board of health under this chapter, or to
another
person, directing the holder or person to abate a
violation, or to
prevent any threatened violation, of any section
of this chapter
other than sections 3734.90 to 3734.9013 of the
Revised Code, a
rule adopted thereunder, or a term or condition
of a permit,
license, or variance issued thereunder within a
specified,
reasonable time.
(B) Notwithstanding division (C) of section 3734.85 of the
Revised Code, if the director determines that an emergency exists
requiring immediate action to protect the public health or safety
or the environment, the director may issue an order, without
notice or
hearing, reciting the existence of the emergency and
requiring
that such action be taken as necessary to meet the
emergency.
The order shall take effect immediately. Any person to
whom the
order is directed shall comply immediately, but on
application to
the director shall be afforded a hearing as soon as
possible and
not later than thirty days after application. On the
basis of
the hearing, the director shall continue the order in
effect,
revoke it, or modify it. No emergency order shall remain
in
effect for more than one hundred twenty days after its
issuance.
(C) If the director determines that any person is
violating
or has violated this chapter, a rule adopted
thereunder, or a term
or condition of a permit, license,
variance, or order issued
thereunder, the director may request in
writing that the attorney
general bring a civil action for
appropriate relief, including a
temporary restraining order,
preliminary or permanent injunction,
and civil penalties in any
court of competent jurisdiction. Such
an action shall have
precedence over all other cases. Except as
otherwise provided in
this division with regard to a violation of
the provisions of
this chapter governing scrap tires, a rule
adopted under those
provisions, a term or condition of a permit or
license issued
under them, or a term or condition of an order
issued pertaining
to scrap tires, 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 other than a violation
of section
3734.60 of the Revised Code, a violation of sections
3734.62 to 3734.65 of the Revised Code, sections 3734.90 to
3734.9013 of the Revised Code or a rule adopted under those
sections, or division (B) of section 3734.912 or section 3734.914
of the Revised Code;
of a rule adopted thereunder under this
chapter other than a rule
adopted
under division (B) of section
3734.122 of the Revised
Code, or; or of a
term or condition of a
permit, license,
variance, or order issued
thereunder, under this
chapter or a
violation of sections 3734.62 to 3734.65 of the
Revised Code. The
court may impose upon a person who violates a
rule adopted under
division (B) of section 3734.122 of the
Revised Code a civil
penalty of not more than twenty-five
thousand dollars for each day
of each violation of the rule. The
court may impose upon a person
who violates section 3734.60 of
the Revised Code a civil penalty
of not more than two hundred
fifty dollars for each day of
violation of that section. The
court may impose upon a person who
violates any of the provisions
of this chapter governing scrap
tires, a rule adopted under those
provisions, a term or condition
of a permit or license issued
under them, or a term or condition
of an order issued pertaining
to scrap tires a civil penalty of
not more than five thousand
dollars for each day of each
violation, except that if the
violation is of a provision, rule,
or term or condition that
relates to the open burning or open
dumping of scrap tires, or if
the violation is of an emergency
order of the director issued
under division (B) of section 3734.13
of the Revised Code that
pertains to scrap tires, the court may
impose a civil penalty of
not more than ten thousand dollars for
each day of each
violation. The court may impose upon a person who
violates
section 3734.62 of the Revised Code a civil penalty of
not more
than one hundred dollars for each violation of that
section. The
court may impose upon a person who violates section
3734.63,
3734.64, or 3734.65 of the Revised Code a civil penalty
of not
more than five thousand dollars for each day of each
violation of
the applicable section, but the total amount of a
civil penalty
imposed upon a person for a violation of the
applicable section
shall not exceed twenty-five thousand dollars.
The court may
impose upon a person who violates division (B) of
section
3734.912 or section 3734.914 of the Revised Code a civil penalty
of not more
than twenty-five dollars for each day of violation.
Any action under this section is a civil action, governed
by
the Rules of Civil Procedure.
(D) No person shall violate any term or condition of any
order issued under this section.
(E) Except as otherwise provided in this division, moneys
resulting from civil penalties imposed under division (C) of this
section shall be paid into the hazardous waste clean-up fund
created in section 3734.28 of the Revised Code. Moneys resulting
from civil penalties imposed under division (C) of this section
for violations of any of the provisions of this chapter governing
scrap tires, rules adopted under those provisions, terms or
conditions of permits or licenses issued under them, or terms or
conditions of orders issued pertaining to scrap tires shall be
credited to the scrap tire management fund created in section
3734.82 of the Revised Code.
Sec. 3734.91. As used in sections 3734.91 to 3734.915 of the
Revised Code:
(A) "Consumer product" means any device that primarily is
intended for personal or household use and typically is sold,
distributed, or available to the general population through retail
or mail-order distribution. "Consumer product" includes, but is
not limited to, computers, electronic games, telephones, radios,
and similar electronics. "Consumer product" does not include
vehicles, motorcycles, wheelchairs, boats, or other forms of
motive power.
(B) "Lead-acid battery" means a battery that contains lead
and sulfuric acid, is used as a power source, and is not intended
as a power source for consumer products.
(C) "Retailer" means a person that sells lead-acid batteries
directly to the end user.
(D) "Secondary lead smelter" means a facility that produces
lead from a lead-bearing scrap material by smelting the material
to the metallic form and that is permitted or licensed by a state
or the United States environmental protection agency.
(E) "Wholesaler" means a person that sells replacement
lead-acid batteries for resale.
Sec. 3734.911. (A) Notwithstanding division (D) of section
3734.02 of the Revised Code and any rule adopted under this
chapter to the contrary, no person shall commingle a used
lead-acid battery with solid waste or dispose of a used lead-acid
battery at a solid waste or hazardous waste facility.
(B) Notwithstanding division (D) of section 3734.02 of the
Revised Code and any rule adopted under this chapter to the
contrary, and except as provided in division (C) of this section,
a person shall discard a used lead-acid battery by delivering
it
to one of the following:
(3) A secondary lead smelter;
(4) An automotive repair business;
(5) A household hazardous waste collection location or event;
(6) A lead-acid battery collection or recycling entity or
other entity that
operates in compliance with rules adopted under
section 3734.12 of
the Revised Code.
(C) A retailer shall discard a used lead-acid battery by
delivering it to one of the following:
(2) A secondary lead smelter;
(3) A battery manufacturer for delivery to a secondary lead
smelter;
(4) A lead-acid battery collection or recycling entity or
other entity that
operates in compliance with rules adopted under
section 3734.12 of
the Revised Code.
(D) Each lead-acid battery that is improperly disposed of or
discarded
constitutes a separate violation of this section.
Sec. 3734.912. (A) A retailer that sells lead-acid batteries
in
this state shall accept from a purchaser of a lead-acid
battery, at the
time of purchase, used lead-acid batteries of the
same general
type and in a quantity that is at least equal to the
number sold
to the purchaser if the purchaser offers the used
lead-acid
batteries to the retailer.
(B) A retailer that displays for sale and sells lead-acid
batteries in this state shall post the sign that is prescribed by
section 3734.914 of
the Revised Code at a location that is
visible to customers and in
close proximity to the location where
lead-acid batteries are
displayed for sale at the retailer's
location.
(C) Division (B) of this section does not apply to a motor
vehicle dealer that is licensed under Chapter 4517. of the Revised
Code.
Sec. 3734.913. A wholesaler that sells lead-acid batteries in
this state shall accept from a purchaser of a lead-acid battery
used lead-acid batteries of the same general type and in a
quantity that is at least equal to the number sold to the
purchaser if the purchaser offers the used lead-acid batteries to
the wholesaler. Not later than ninety days after the day of
purchase of a lead-acid battery by such a retailer from a
wholesaler, the wholesaler shall remove the applicable number of
lead-acid batteries from the retailer's location.
Sec. 3734.914. (A) A retailer that displays for sale and
sells lead-acid batteries in the state shall post a sign that
shall be at least eight and one-half inches by eleven inches in
size, use lettering that is at least thirty point font in size,
display the universal recycling symbol, and contain all of the
following language:
(1) "It is illegal to discard a used lead-acid battery."
(2) "Recycle your used batteries."
(3) "State law requires us to accept used lead-acid batteries
for recycling in exchange for new batteries purchased."
(B) This section does not apply to a motor vehicle dealer
that is licensed under Chapter 4517. of the Revised Code.
Sec. 3734.915. Lead-acid battery cases sold in this state
shall not be required to display a society for plastics industry
symbol or code, a society for automotive engineers symbol or code,
or another resin identification code.
Section 2. That existing section 3734.13 of the Revised Code
is hereby repealed.
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