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S. B. No. 290 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Senator LaRose
A BILL
To amend sections 3734.01 and 3734.57 of the Revised
Code to exempt source separated recyclable
materials from the definition of "solid wastes"
and to prohibit a solid waste management district
from spending district money to purchase or
operate assets for recycling purposes when two or
more privately owned companies offer to provide or
are providing recycling services for recyclable
materials that are generated in the district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3734.01 and 3734.57 of the Revised
Code be amended to read as follows:
Sec. 3734.01. 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) "Director" means the director of environmental
protection.
(C) "Health district" means a city or general health district
as created by or under authority of Chapter 3709. of the Revised
Code.
(D) "Agency" means the environmental protection agency.
(E) "Solid wastes" means such unwanted residual solid or
semisolid material as results from industrial, commercial,
agricultural, and community operations, excluding earth or
material from construction, mining, or demolition operations, or
other waste materials of the type that normally would be included
in demolition debris, nontoxic fly ash and bottom ash, including
at least ash that results from the combustion of coal and ash that
results from the combustion of coal in combination with scrap
tires where scrap tires comprise not more than fifty per cent of
heat input in any month, spent nontoxic foundry sand, and slag and
other substances that are not harmful or inimical to public
health, and includes, but is not limited to, garbage, scrap tires,
combustible and noncombustible material, street dirt, and debris.
"Solid wastes" does not include any material that is an infectious
waste or a hazardous waste. "Solid wastes" also does not include
any material such as paper, cardboard, metal, glass, plastic, or
similar material that is segregated prior to its commingling with
other solid wastes by the producer or generator of the material in
order to reuse or recycle the material.
(F) "Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, emitting, or placing of any solid
wastes or hazardous waste into or on any land or ground or surface
water or into the air, except if the disposition or placement
constitutes storage or treatment or, if the solid wastes consist
of scrap tires, the disposition or placement constitutes a
beneficial use or occurs at a scrap tire recovery facility
licensed under section 3734.81 of the Revised Code.
(G) "Person" includes the state, any political subdivision
and other state or local body, the United States and any agency or
instrumentality thereof, and any legal entity defined as a person
under section 1.59 of the Revised Code.
(H) "Open burning" means the burning of solid wastes in an
open area or burning of solid wastes in a type of chamber or
vessel that is not approved or authorized in rules adopted by the
director under section 3734.02 of the Revised Code or, if the
solid wastes consist of scrap tires, in rules adopted under
division (V) of this section or section 3734.73 of the Revised
Code, or the burning of treated or untreated infectious wastes in
an open area or in a type of chamber or vessel that is not
approved in rules adopted by the director under section 3734.021
of the Revised Code.
(I) "Open dumping" means the depositing of solid wastes into
a body or stream of water or onto the surface of the ground at a
site that is not licensed as a solid waste facility under section
3734.05 of the Revised Code or, if the solid wastes consist of
scrap tires, as a scrap tire collection, storage, monocell,
monofill, or recovery facility under section 3734.81 of the
Revised Code; the depositing of solid wastes that consist of scrap
tires onto the surface of the ground at a site or in a manner not
specifically identified in divisions (C)(2) to (5), (7), or (10)
of section 3734.85 of the Revised Code; the depositing of
untreated infectious wastes into a body or stream of water or onto
the surface of the ground; or the depositing of treated infectious
wastes into a body or stream of water or onto the surface of the
ground at a site that is not licensed as a solid waste facility
under section 3734.05 of the Revised Code.
(J) "Hazardous waste" means any waste or combination of
wastes in solid, liquid, semisolid, or contained gaseous form that
in the determination of the director, because of its quantity,
concentration, or physical or chemical characteristics, may do
either of the following:
(1) Cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating
reversible illness;
(2) Pose a substantial present or potential hazard to human
health or safety or to the environment when improperly stored,
treated, transported, disposed of, or otherwise managed.
"Hazardous waste" includes any substance identified by
regulation as hazardous waste under the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended, and does not include any substance that is subject to the
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as
amended.
(K) "Treat" or "treatment," when used in connection with
hazardous waste, means any method, technique, or process designed
to change the physical, chemical, or biological characteristics or
composition of any hazardous waste; to neutralize the waste; to
recover energy or material resources from the waste; to render the
waste nonhazardous or less hazardous, safer to transport, store,
or dispose of, or amenable for recovery, storage, further
treatment, or disposal; or to reduce the volume of the waste. When
used in connection with infectious wastes, "treat" or "treatment"
means any method, technique, or process designed to render the
wastes noninfectious, including, without limitation, steam
sterilization and incineration, or, in the instance of wastes
identified in division (R)(7) of this section, to substantially
reduce or eliminate the potential for the wastes to cause
lacerations or puncture wounds.
(L) "Manifest" means the form used for identifying the
quantity, composition, origin, routing, and destination of
hazardous waste during its transportation from the point of
generation to the point of disposal, treatment, or storage.
(M) "Storage," when used in connection with hazardous waste,
means the holding of hazardous waste for a temporary period in
such a manner that it remains retrievable and substantially
unchanged physically and chemically and, at the end of the period,
is treated; disposed of; stored elsewhere; or reused, recycled, or
reclaimed in a beneficial manner. When used in connection with
solid wastes that consist of scrap tires, "storage" means the
holding of scrap tires for a temporary period in such a manner
that they remain retrievable and, at the end of that period, are
beneficially used; stored elsewhere; placed in a scrap tire
monocell or monofill facility licensed under section 3734.81 of
the Revised Code; processed at a scrap tire recovery facility
licensed under that section or a solid waste incineration or
energy recovery facility subject to regulation under this chapter;
or transported to a scrap tire monocell, monofill, or recovery
facility, any other solid waste facility authorized to dispose of
scrap tires, or a facility that will beneficially use the scrap
tires, that is located in another state and is operating in
compliance with the laws of the state in which the facility is
located.
(N) "Facility" means any site, location, tract of land,
installation, or building used for incineration, composting,
sanitary landfilling, or other methods of disposal of solid wastes
or, if the solid wastes consist of scrap tires, for the
collection, storage, or processing of the solid wastes; for the
transfer of solid wastes; for the treatment of infectious wastes;
or for the storage, treatment, or disposal of hazardous waste.
(O) "Closure" means the time at which a hazardous waste
facility will no longer accept hazardous waste for treatment,
storage, or disposal, the time at which a solid waste facility
will no longer accept solid wastes for transfer or disposal or, if
the solid wastes consist of scrap tires, for storage or
processing, or the effective date of an order revoking the permit
for a hazardous waste facility or the registration certificate,
permit, or license for a solid waste facility, as applicable.
"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, but not limited to,
the removal of processing residues resulting from solid wastes
that consist of scrap tires; the establishment and maintenance of
a suitable cover of soil and vegetation over cells in which
hazardous waste or solid wastes are buried; minimization of
erosion, the infiltration of surface water into such cells, the
production of leachate, and the accumulation and runoff of
contaminated surface water; the final construction of facilities
for the collection and treatment of leachate and contaminated
surface water runoff, except as otherwise provided in this
division; the final construction of air and water quality
monitoring facilities, except as otherwise provided in this
division; the final construction of methane gas extraction and
treatment systems; or the removal and proper disposal of hazardous
waste or solid wastes from a facility when necessary to protect
public health or safety or to abate or prevent air or water
pollution. With regard to a solid waste facility that is a scrap
tire facility, "closure" includes the final construction of
facilities for the collection and treatment of leachate and
contaminated surface water runoff and the final construction of
air and water quality monitoring facilities only if those actions
are determined to be necessary.
(P) "Premises" means either of the following:
(1) Geographically contiguous property owned by a generator;
(2) Noncontiguous property that is owned by a generator and
connected by a right-of-way that the generator controls and to
which the public does not have access. Two or more pieces of
property that are geographically contiguous and divided by public
or private right-of-way or rights-of-way are a single premises.
(Q) "Post-closure" means that period of time following
closure during which a hazardous waste facility is required to be
monitored and maintained under this chapter and rules adopted
under it, including, without limitation, operation and maintenance
of methane gas extraction and treatment systems, or the period of
time after closure during which a scrap tire monocell or monofill
facility licensed under section 3734.81 of the Revised Code is
required to be monitored and maintained under this chapter and
rules adopted under it.
(R) "Infectious wastes" includes all of the following
substances or categories of substances:
(1) Cultures and stocks of infectious agents and associated
biologicals, including, without limitation, specimen cultures,
cultures and stocks of infectious agents, wastes from production
of biologicals, and discarded live and attenuated vaccines;
(2) Laboratory wastes that were, or are likely to have been,
in contact with infectious agents that may present a substantial
threat to public health if improperly managed;
(3) Pathological wastes, including, without limitation, human
and animal tissues, organs, and body parts, and body fluids and
excreta that are contaminated with or are likely to be
contaminated with infectious agents, removed or obtained during
surgery or autopsy or for diagnostic evaluation, provided that,
with regard to pathological wastes from animals, the animals have
or are likely to have been exposed to a zoonotic or infectious
agent;
(4) Waste materials from the rooms of humans, or the
enclosures of animals, that have been isolated because of
diagnosed communicable disease that are likely to transmit
infectious agents. Such waste materials from the rooms of humans
do not include any wastes of patients who have been placed on
blood and body fluid precautions under the universal precaution
system established by the centers for disease control in the
public health service of the United States department of health
and human services, except to the extent specific wastes generated
under the universal precautions system have been identified as
infectious wastes by rules adopted under division (R)(8) of this
section.
(5) Human and animal blood specimens and blood products that
are being disposed of, provided that, with regard to blood
specimens and blood products from animals, the animals were or are
likely to have been exposed to a zoonotic or infectious agent.
"Blood products" does not include patient care waste such as
bandages or disposable gowns that are lightly soiled with blood or
other body fluids unless those wastes are soiled to the extent
that the generator of the wastes determines that they should be
managed as infectious wastes.
(6) Contaminated carcasses, body parts, and bedding of
animals that were intentionally exposed to infectious agents from
zoonotic or human diseases during research, production of
biologicals, or testing of pharmaceuticals, and carcasses and
bedding of animals otherwise infected by zoonotic or infectious
agents that may present a substantial threat to public health if
improperly managed;
(7) Sharp wastes used in the treatment, diagnosis, or
inoculation of human beings or animals or that have, or are likely
to have, come in contact with infectious agents in medical,
research, or industrial laboratories, including, without
limitation, hypodermic needles and syringes, scalpel blades, and
glass articles that have been broken;
(8) Any other waste materials generated in the diagnosis,
treatment, or immunization of human beings or animals, in research
pertaining thereto, or in the production or testing of
biologicals, that the public health council created in section
3701.33 of the Revised Code, by rules adopted in accordance with
Chapter 119. of the Revised Code, identifies as infectious wastes
after determining that the wastes present a substantial threat to
human health when improperly managed because they are contaminated
with, or are likely to be contaminated with, infectious agents.
(S) "Infectious agent" means a type of microorganism,
helminth, or virus that causes, or significantly contributes to
the cause of, increased morbidity or mortality of human beings.
(T) "Zoonotic agent" means a type of microorganism, helminth,
or virus that causes disease in vertebrate animals and that is
transmissible to human beings and causes or significantly
contributes to the cause of increased morbidity or mortality of
human beings.
(U) "Solid waste transfer facility" means any site, location,
tract of land, installation, or building that is used or intended
to be used primarily for the purpose of transferring solid wastes
that were generated off the premises of the facility from vehicles
or containers into other vehicles for transportation to a solid
waste disposal facility. "Solid waste transfer facility" does not
include any facility that consists solely of portable containers
that have an aggregate volume of fifty cubic yards or less nor any
facility where legitimate recycling activities are conducted.
(V) "Beneficially use" means to use a scrap tire in a manner
that results in a commodity for sale or exchange or in any other
manner authorized as a beneficial use in rules adopted by the
director in accordance with Chapter 119. of the Revised Code.
(W) "Commercial car," "commercial tractor," "farm machinery,"
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have
the same meanings as in section 4501.01 of the Revised Code.
(X) "Construction equipment" means road rollers, traction
engines, power shovels, power cranes, and other equipment used in
construction work, or in mining or producing or processing
aggregates, and not designed for or used in general highway
transportation.
(Y) "Motor vehicle salvage dealer" has the same meaning as in
section 4738.01 of the Revised Code.
(Z) "Scrap tire" means an unwanted or discarded tire.
(AA) "Scrap tire collection facility" means any facility that
meets all of the following qualifications:
(1) The facility is used for the receipt and storage of whole
scrap tires from the public prior to their transportation to a
scrap tire storage, monocell, monofill, or recovery facility
licensed under section 3734.81 of the Revised Code; a solid waste
incineration or energy recovery facility subject to regulation
under this chapter; a premises within the state where the scrap
tires will be beneficially used; or a scrap tire storage,
monocell, monofill, or recovery facility, any other solid waste
disposal facility authorized to dispose of scrap tires, or a
facility that will beneficially use the scrap tires, that is
located in another state, and that is operating in compliance with
the laws of the state in which the facility is located.
(2) The facility exclusively stores scrap tires in portable
containers.
(3) The aggregate storage of the portable containers in which
the scrap tires are stored does not exceed five thousand cubic
feet.
(BB) "Scrap tire monocell facility" means an individual site
within a solid waste landfill that is used exclusively for the
environmentally sound storage or disposal of whole scrap tires or
scrap tires that have been shredded, chipped, or otherwise
mechanically processed.
(CC) "Scrap tire monofill facility" means an engineered
facility used or intended to be used exclusively for the storage
or disposal of scrap tires, including at least facilities for the
submergence of whole scrap tires in a body of water.
(DD) "Scrap tire recovery facility" means any facility, or
portion thereof, for the processing of scrap tires for the purpose
of extracting or producing usable products, materials, or energy
from the scrap tires through a controlled combustion process,
mechanical process, or chemical process. "Scrap tire recovery
facility" includes any facility that uses the controlled
combustion of scrap tires in a manufacturing process to produce
process heat or steam or any facility that produces usable heat or
electric power through the controlled combustion of scrap tires in
combination with another fuel, but does not include any solid
waste incineration or energy recovery facility that is designed,
constructed, and used for the primary purpose of incinerating
mixed municipal solid wastes and that burns scrap tires in
conjunction with mixed municipal solid wastes, or any tire
retreading business, tire manufacturing finishing center, or tire
adjustment center having on the premises of the business a single,
covered scrap tire storage area at which not more than four
thousand scrap tires are stored.
(EE) "Scrap tire storage facility" means any facility where
whole scrap tires are stored prior to their transportation to a
scrap tire monocell, monofill, or recovery facility licensed under
section 3734.81 of the Revised Code; a solid waste incineration or
energy recovery facility subject to regulation under this chapter;
a premises within the state where the scrap tires will be
beneficially used; or a scrap tire storage, monocell, monofill, or
recovery facility, any other solid waste disposal facility
authorized to dispose of scrap tires, or a facility that will
beneficially use the scrap tires, that is located in another
state, and that is operating in compliance with the laws of the
state in which the facility is located.
(FF) "Used oil" means any oil that has been refined from
crude oil, or any synthetic oil, that has been used and, as a
result of that use, is contaminated by physical or chemical
impurities. "Used oil" includes only those substances identified
as used oil by the United States environmental protection agency
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42
U.S.C.A. 6901a, as amended.
(GG) "Accumulated speculatively" has the same meaning as in
rules adopted by the director under section 3734.12 of the Revised
Code.
Sec. 3734.57. (A) The following fees are hereby levied on
the transfer or disposal of solid wastes in this state:
(1) One dollar per ton through June 30, 2014, one-half of the
proceeds of which shall be deposited in the state treasury to the
credit of the hazardous waste facility management fund created in
section 3734.18 of the Revised Code and one-half of the proceeds
of which shall be deposited in the state treasury to the credit of
the hazardous waste clean-up fund created in section 3734.28 of
the Revised Code;
(2) An additional one dollar per ton through June 30, 2014,
the proceeds of which shall be deposited in the state treasury to
the credit of the solid waste fund, which is hereby created. The
environmental protection agency shall use money in the solid waste
fund to pay the costs of administering and enforcing the laws
pertaining to solid wastes, infectious wastes, and construction
and demolition debris, including, without limitation, ground water
evaluations related to solid wastes, infectious wastes, and
construction and demolition debris, under this chapter and Chapter
3714. of the Revised Code and any rules adopted under them,
providing compliance assistance to small businesses, and paying a
share of the administrative costs of the environmental protection
agency pursuant to section 3745.014 of the Revised Code.
(3) An additional two dollars and fifty cents per ton through
June 30, 2014, the proceeds of which shall be deposited in the
state treasury to the credit of the environmental protection fund
created in section 3745.015 of the Revised Code;
(4) An additional twenty-five cents per ton through June 30,
2013, the proceeds of which shall be deposited in the state
treasury to the credit of the soil and water conservation district
assistance fund created in section 1515.14 of the Revised Code.
In the case of solid wastes that are taken to a solid waste
transfer facility located in this state prior to being transported
for disposal at a solid waste disposal facility located in this
state or outside of this state, the fees levied under this
division shall be collected by the owner or operator of the
transfer facility as a trustee for the state. The amount of fees
required to be collected under this division at such a transfer
facility shall equal the total tonnage of solid wastes received at
the facility multiplied by the fees levied under this division. In
the case of solid wastes that are not taken to a solid waste
transfer facility located in this state prior to being transported
to a solid waste disposal facility, the fees shall be collected by
the owner or operator of the solid waste disposal facility as a
trustee for the state. The amount of fees required to be collected
under this division at such a disposal facility shall equal the
total tonnage of solid wastes received at the facility that was
not previously taken to a solid waste transfer facility located in
this state multiplied by the fees levied under this division. Fees
levied under this division do not apply to materials separated
from a mixed waste stream for recycling by a generator or
materials removed from the solid waste stream through recycling,
as "recycling" is defined in rules adopted under section 3734.02
of the Revised Code.
The owner or operator of a solid waste transfer facility or
disposal facility, as applicable, shall prepare and file with the
director of environmental protection each month a return
indicating the total tonnage of solid wastes received at the
facility during that month and the total amount of the fees
required to be collected under this division during that month. In
addition, the owner or operator of a solid waste disposal facility
shall indicate on the return the total tonnage of solid wastes
received from transfer facilities located in this state during
that month for which the fees were required to be collected by the
transfer facilities. The monthly returns shall be filed on a form
prescribed by the director. Not later than thirty days after the
last day of the month to which a return applies, the owner or
operator shall mail to the director the return for that month
together with the fees required to be collected under this
division during that month as indicated on the return or may
submit the return and fees electronically in a manner approved by
the director. If the return is filed and the amount of the fees
due is paid in a timely manner as required in this division, the
owner or operator may retain a discount of three-fourths of one
per cent of the total amount of the fees that are required to be
paid as indicated on the return.
The owner or operator may request an extension of not more
than thirty days for filing the return and remitting the fees,
provided that the owner or operator has submitted such a request
in writing to the director together with a detailed description of
why the extension is requested, the director has received the
request not later than the day on which the return is required to
be filed, and the director has approved the request. If the fees
are not remitted within thirty days after the last day of the
month to which the return applies or are not remitted by the last
day of an extension approved by the director, the owner or
operator shall not retain the three-fourths of one per cent
discount and shall pay an additional ten per cent of the amount of
the fees for each month that they are late. For purposes of
calculating the late fee, the first month in which fees are late
begins on the first day after the deadline has passed for timely
submitting the return and fees, and one additional month shall be
counted every thirty days thereafter.
The owner or operator of a solid waste facility may request a
refund or credit of fees levied under this division and remitted
to the director that have not been paid to the owner or operator.
Such a request shall be made only if the fees have not been
collected by the owner or operator, have become a debt that has
become worthless or uncollectable for a period of six months or
more, and may be claimed as a deduction, including a deduction
claimed if the owner or operator keeps accounts on an accrual
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26
U.S.C. 166, as amended, and regulations adopted under it. Prior to
making a request for a refund or credit, an owner or operator
shall make reasonable efforts to collect the applicable fees. A
request for a refund or credit shall not include any costs
resulting from those efforts to collect unpaid fees.
A request for a refund or credit of fees shall be made in
writing, on a form prescribed by the director, and shall be
supported by evidence that may be required in rules adopted by the
director under this chapter. After reviewing the request, and if
the request and evidence submitted with the request indicate that
a refund or credit is warranted, the director shall grant a refund
to the owner or operator or shall permit a credit to be taken by
the owner or operator on a subsequent monthly return submitted by
the owner or operator. The amount of a refund or credit shall not
exceed an amount that is equal to ninety days' worth of fees owed
to an owner or operator by a particular debtor of the owner or
operator. A refund or credit shall not be granted by the director
to an owner or operator more than once in any twelve-month period
for fees owed to the owner or operator by a particular debtor.
If, after receiving a refund or credit from the director, an
owner or operator receives payment of all or part of the fees, the
owner or operator shall remit the fees with the next monthly
return submitted to the director together with a written
explanation of the reason for the submittal.
For purposes of computing the fees levied under this division
or division (B) of this section, any solid waste transfer or
disposal facility that does not use scales as a means of
determining gate receipts shall use a conversion factor of three
cubic yards per ton of solid waste or one cubic yard per ton for
baled waste, as applicable.
The fees levied under this division and divisions (B) and (C)
of this section are in addition to all other applicable fees and
taxes and shall be paid by the customer or a political subdivision
to the owner or operator of a solid waste transfer or disposal
facility. In the alternative, the fees shall be paid by a customer
or political subdivision to a transporter of waste who
subsequently transfers the fees to the owner or operator of such a
facility. The fees shall be paid notwithstanding the existence of
any provision in a contract that the customer or a political
subdivision may have with the owner or operator or with a
transporter of waste to the facility that would not require or
allow such payment regardless of whether the contract was entered
prior to or after the effective date of this amendment October 16,
2009. For those purposes, "customer" means a person who contracts
with, or utilizes the solid waste services of, the owner or
operator of a solid waste transfer or disposal facility or a
transporter of solid waste to such a facility.
(B) For the purposes specified in division (G) of this
section, the solid waste management policy committee of a county
or joint solid waste management district may levy fees upon the
following activities:
(1) The disposal at a solid waste disposal facility located
in the district of solid wastes generated within the district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
The solid waste management plan of the county or joint
district approved under section 3734.521 or 3734.55 of the Revised
Code and any amendments to it, or the resolution adopted under
this division, as appropriate, shall establish the rates of the
fees levied under divisions (B)(1), (2), and (3) of this section,
if any, and shall specify whether the fees are levied on the basis
of tons or cubic yards as the unit of measurement. A solid waste
management district that levies fees under this division on the
basis of cubic yards shall do so in accordance with division (A)
of this section.
The fee levied under division (B)(1) of this section shall be
not less than one dollar per ton nor more than two dollars per
ton, the fee levied under division (B)(2) of this section shall be
not less than two dollars per ton nor more than four dollars per
ton, and the fee levied under division (B)(3) of this section
shall be not more than the fee levied under division (B)(1) of
this section.
Prior to the approval of the solid waste management plan of a
district under section 3734.55 of the Revised Code, the solid
waste management policy committee of a district may levy fees
under this division by adopting a resolution establishing the
proposed amount of the fees. Upon adopting the resolution, the
committee shall deliver a copy of the resolution to the board of
county commissioners of each county forming the district and to
the legislative authority of each municipal corporation and
township under the jurisdiction of the district and shall prepare
and publish the resolution and a notice of the time and location
where a public hearing on the fees will be held. Upon adopting the
resolution, the committee shall deliver written notice of the
adoption of the resolution; of the amount of the proposed fees;
and of the date, time, and location of the public hearing to the
director and to the fifty industrial, commercial, or institutional
generators of solid wastes within the district that generate the
largest quantities of solid wastes, as determined by the
committee, and to their local trade associations. The committee
shall make good faith efforts to identify those generators within
the district and their local trade associations, but the
nonprovision of notice under this division to a particular
generator or local trade association does not invalidate the
proceedings under this division. The publication shall occur at
least thirty days before the hearing. After the hearing, the
committee may make such revisions to the proposed fees as it
considers appropriate and thereafter, by resolution, shall adopt
the revised fee schedule. Upon adopting the revised fee schedule,
the committee shall deliver a copy of the resolution doing so to
the board of county commissioners of each county forming the
district and to the legislative authority of each municipal
corporation and township under the jurisdiction of the district.
Within sixty days after the delivery of a copy of the resolution
adopting the proposed revised fees by the policy committee, each
such board and legislative authority, by ordinance or resolution,
shall approve or disapprove the revised fees and deliver a copy of
the ordinance or resolution to the committee. If any such board or
legislative authority fails to adopt and deliver to the policy
committee an ordinance or resolution approving or disapproving the
revised fees within sixty days after the policy committee
delivered its resolution adopting the proposed revised fees, it
shall be conclusively presumed that the board or legislative
authority has approved the proposed revised fees. The committee
shall determine if the resolution has been ratified in the same
manner in which it determines if a draft solid waste management
plan has been ratified under division (B) of section 3734.55 of
the Revised Code.
The committee may amend the schedule of fees levied pursuant
to a resolution adopted and ratified under this division by
adopting a resolution establishing the proposed amount of the
amended fees. The committee may repeal the fees levied pursuant to
such a resolution by adopting a resolution proposing to repeal
them. Upon adopting such a resolution, the committee shall proceed
to obtain ratification of the resolution in accordance with this
division.
Not later than fourteen days after declaring the new fees to
be ratified or the fees to be repealed under this division, the
committee shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect the
fees of the ratification and the amount of the fees or of the
repeal of the fees. Collection of any fees shall commence or
collection of repealed fees shall cease on the first day of the
second month following the month in which notification is sent to
the owner or operator.
Fees levied under this division also may be established,
amended, or repealed by a solid waste management policy committee
through the adoption of a new district solid waste management
plan, the adoption of an amended plan, or the amendment of the
plan or amended plan in accordance with sections 3734.55 and
3734.56 of the Revised Code or the adoption or amendment of a
district plan in connection with a change in district composition
under section 3734.521 of the Revised Code.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan, amended
plan, or amendment to a plan or amended plan that establishes,
amends, or repeals a schedule of fees levied by the district, the
committee shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect the
fees of the approval of the plan or amended plan, or the amendment
to the plan, as appropriate, and the amount of the fees, if any.
In the case of an initial or amended plan approved under section
3734.521 of the Revised Code in connection with a change in
district composition, other than one involving the withdrawal of a
county from a joint district, the committee, within fourteen days
after the change takes effect pursuant to division (G) of that
section, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect the
fees that the change has taken effect and of the amount of the
fees, if any. Collection of any fees shall commence or collection
of repealed fees shall cease on the first day of the second month
following the month in which notification is sent to the owner or
operator.
If, in the case of a change in district composition involving
the withdrawal of a county from a joint district, the director
completes the actions required under division (G)(1) or (3) of
section 3734.521 of the Revised Code, as appropriate, forty-five
days or more before the beginning of a calendar year, the policy
committee of each of the districts resulting from the change that
obtained the director's approval of an initial or amended plan in
connection with the change, within fourteen days after the
director's completion of the required actions, shall notify by
certified mail the owner or operator of each solid waste disposal
facility that is required to collect the district's fees that the
change is to take effect on the first day of January immediately
following the issuance of the notice and of the amount of the fees
or amended fees levied under divisions (B)(1) to (3) of this
section pursuant to the district's initial or amended plan as so
approved or, if appropriate, the repeal of the district's fees by
that initial or amended plan. Collection of any fees set forth in
such a plan or amended plan shall commence on the first day of
January immediately following the issuance of the notice. If such
an initial or amended plan repeals a schedule of fees, collection
of the fees shall cease on that first day of January.
If, in the case of a change in district composition involving
the withdrawal of a county from a joint district, the director
completes the actions required under division (G)(1) or (3) of
section 3734.521 of the Revised Code, as appropriate, less than
forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or
amended plan in connection with the change proceedings, shall
notify by certified mail the owner or operator of each solid waste
disposal facility that is required to collect the district's fees
that the change is to take effect on the first day of January
immediately following the mailing of the notice and of the amount
of the fees or amended fees levied under divisions (B)(1) to (3)
of this section pursuant to the district's initial or amended plan
as so approved or, if appropriate, the repeal of the district's
fees by that initial or amended plan. Collection of any fees set
forth in such a plan or amended plan shall commence on the first
day of the second month following the month in which notification
is sent to the owner or operator. If such an initial or amended
plan repeals a schedule of fees, collection of the fees shall
cease on the first day of the second month following the month in
which notification is sent to the owner or operator.
If the schedule of fees that a solid waste management
district is levying under divisions (B)(1) to (3) of this section
is amended or repealed, the fees in effect immediately prior to
the amendment or repeal shall continue to be collected until
collection of the amended fees commences or collection of the
repealed fees ceases, as applicable, as specified in this
division. In the case of a change in district composition, money
so received from the collection of the fees of the former
districts shall be divided among the resulting districts in
accordance with division (B) of section 343.012 of the Revised
Code and the agreements entered into under division (B) of section
343.01 of the Revised Code to establish the former and resulting
districts and any amendments to those agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or repealed is required
to cease, "fees" or "schedule of fees" includes, in addition to
fees levied under divisions (B)(1) to (3) of this section, those
levied under section 3734.573 or 3734.574 of the Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township for
reductions in real property tax revenues due to reductions in real
property valuations resulting from the location and operation of a
solid waste disposal facility within the municipal corporation or
township, a municipal corporation or township in which such a
solid waste disposal facility is located may levy a fee of not
more than twenty-five cents per ton on the disposal of solid
wastes at a solid waste disposal facility located within the
boundaries of the municipal corporation or township regardless of
where the wastes were generated.
The legislative authority of a municipal corporation or
township may levy fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of the
fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect the
fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or operator
of each solid waste disposal facility that is required to collect
the fee. Collection of any fee levied on or after March 24, 1992,
shall commence on the first day of the second month following the
month in which notification is sent to the owner or operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of
this section do not apply to the disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator of
the wastes when the solid waste facility exclusively disposes of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(b) Are generated from the combustion of coal, or from the
combustion of primarily coal in combination with scrap tires,
regardless of whether the disposal facility is located on the
premises where the wastes are generated.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section apply
to solid wastes originating outside the boundaries of a county or
joint district that are covered by an agreement for the joint use
of solid waste facilities entered into under section 343.02 of the
Revised Code by the board of county commissioners or board of
directors of the county or joint district where the wastes are
generated and disposed of.
(3) When solid wastes, other than solid wastes that consist
of scrap tires, are burned in a disposal facility that is an
incinerator or energy recovery facility, the fees levied under
divisions (A), (B), and (C) of this section shall be levied upon
the disposal of the fly ash and bottom ash remaining after burning
of the solid wastes and shall be collected by the owner or
operator of the sanitary landfill where the ash is disposed of.
(4) When solid wastes are delivered to a solid waste transfer
facility, the fees levied under divisions (B) and (C) of this
section shall be levied upon the disposal of solid wastes
transported off the premises of the transfer facility for disposal
and shall be collected by the owner or operator of the solid waste
disposal facility where the wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of this
section do not apply to sewage sludge that is generated by a waste
water treatment facility holding a national pollutant discharge
elimination system permit and that is disposed of through
incineration, land application, or composting or at another
resource recovery or disposal facility that is not a landfill.
(6) The fees levied under divisions (A), (B), and (C) of this
section do not apply to solid wastes delivered to a solid waste
composting facility for processing. When any unprocessed solid
waste or compost product is transported off the premises of a
composting facility and disposed of at a landfill, the fees levied
under divisions (A), (B), and (C) of this section shall be
collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied under
divisions (A), (B), and (C) of this section shall be levied upon
the disposal of the fly ash and bottom ash or other solid wastes
remaining after the processing of the scrap tires and shall be
collected by the owner or operator of the solid waste disposal
facility where the ash or other solid wastes are disposed of.
(8) The director of environmental protection may issue an
order exempting from the fees levied under this section solid
wastes, including, but not limited to, scrap tires, that are
generated, transferred, or disposed of as a result of a contract
providing for the expenditure of public funds entered into by the
administrator or regional administrator of the United States
environmental protection agency, the director of environmental
protection, or the director of administrative services on behalf
of the director of environmental protection for the purpose of
remediating conditions at a hazardous waste facility, solid waste
facility, or other location at which the administrator or regional
administrator or the director of environmental protection has
reason to believe that there is a substantial threat to public
health or safety or the environment or that the conditions are
causing or contributing to air or water pollution or soil
contamination. An order issued by the director of environmental
protection under division (D)(8) of this section shall include a
determination that the amount of the fees not received by a solid
waste management district as a result of the order will not
adversely impact the implementation and financing of the
district's approved solid waste management plan and any approved
amendments to the plan. Such an order is a final action of the
director of environmental protection.
(E) The fees levied under divisions (B) and (C) of this
section shall be collected by the owner or operator of the solid
waste disposal facility where the wastes are disposed of as a
trustee for the county or joint district and municipal corporation
or township where the wastes are disposed of. Moneys from the fees
levied under division (B) of this section shall be forwarded to
the board of county commissioners or board of directors of the
district in accordance with rules adopted under division (H) of
this section. Moneys from the fees levied under division (C) of
this section shall be forwarded to the treasurer or such other
officer of the municipal corporation as, by virtue of the charter,
has the duties of the treasurer or to the fiscal officer of the
township, as appropriate, in accordance with those rules.
(F) Moneys received by the treasurer or other officer of the
municipal corporation under division (E) of this section shall be
paid into the general fund of the municipal corporation. Moneys
received by the fiscal officer of the township under that division
shall be paid into the general fund of the township. The treasurer
or other officer of the municipal corporation or the township
fiscal officer, as appropriate, shall maintain separate records of
the moneys received from the fees levied under division (C) of
this section.
(G) Moneys received by the board of county commissioners or
board of directors under division (E) of this section or section
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code
shall be paid to the county treasurer, or other official acting in
a similar capacity under a county charter, in a county district or
to the county treasurer or other official designated by the board
of directors in a joint district and kept in a separate and
distinct fund to the credit of the district. If a regional solid
waste management authority has been formed under section 343.011
of the Revised Code, moneys received by the board of trustees of
that regional authority under division (E) of this section shall
be kept by the board in a separate and distinct fund to the credit
of the district. Moneys in the special fund of the county or joint
district arising from the fees levied under division (B) of this
section and the fee levied under division (A) of section 3734.573
of the Revised Code shall be expended by the board of county
commissioners or directors of the district in accordance with the
district's solid waste management plan or amended plan approved
under section 3734.521, 3734.55, or 3734.56 of the Revised Code
exclusively for the following purposes:
(1) Preparation of the solid waste management plan of the
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review and
amendment of the plan required by section 3734.56 of the Revised
Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;. However, on and after the
effective date of this amendment, the board of county
commissioners or directors of a district shall not spend money in
the district's special fund to acquire or operate assets for the
collection or processing of recyclable material if two or more
privately owned entities offer to provide or provide collection or
processing of recyclable material that is generated in the
district.
(3) Providing financial assistance to boards of health within
the district, if solid waste facilities are located within the
district, for enforcement of this chapter and rules, orders, and
terms and conditions of permits, licenses, and variances adopted
or issued under it, other than the hazardous waste provisions of
this chapter and rules adopted and orders and terms and conditions
of permits issued under those provisions;
(4) Providing financial assistance to each county within the
district to defray the added costs of maintaining roads and other
public facilities and of providing emergency and other public
services resulting from the location and operation of a solid
waste facility within the county under the district's approved
solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of health
within the district, if solid waste facilities contained in the
district's approved plan or amended plan are located within the
district, for paying the costs incurred by those boards of health
for collecting and analyzing samples from public or private water
wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the inspection
of solid wastes generated outside the boundaries of this state
that are disposed of at solid waste facilities included in the
district's approved solid waste management plan or amended plan;
(7) Providing financial assistance to boards of health within
the district for the enforcement of section 3734.03 of the Revised
Code or to local law enforcement agencies having jurisdiction
within the district for enforcing anti-littering laws and
ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved list
under section 3734.08 of the Revised Code to defray the costs to
the health districts for the participation of their employees
responsible for enforcement of the solid waste provisions of this
chapter and rules adopted and orders and terms and conditions of
permits, licenses, and variances issued under those provisions in
the training and certification program as required by rules
adopted under division (L) of section 3734.02 of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the board
of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or
ordered to be paid under section 3734.35 of the Revised Code and
of any administrative costs incurred pursuant to that section. In
the case of a joint solid waste management district, if the board
of county commissioners of one of the counties in the district is
negotiating on behalf of affected communities, as defined in that
section, in that county, the board shall obtain the approval of
the board of directors of the district in order to expend moneys
for administrative costs incurred.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code, moneys
in the special fund of the district arising from the fees shall be
expended for those purposes in the manner prescribed by the solid
waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section as it existed
prior to October 29, 1993, or any provision in a district's solid
waste management plan prepared in accordance with division
(B)(2)(e) of section 3734.53 of the Revised Code as it existed
prior to that date, any moneys arising from the fees levied under
division (B)(3) of this section prior to January 1, 1994, may be
expended for any of the purposes authorized in divisions (G)(1) to
(10) of this section.
(H) The director shall adopt rules in accordance with Chapter
119. of the Revised Code prescribing procedures for collecting and
forwarding the fees levied under divisions (B) and (C) of this
section to the boards of county commissioners or directors of
county or joint solid waste management districts and to the
treasurers or other officers of municipal corporations and the
fiscal officers of townships. The rules also shall prescribe the
dates for forwarding the fees to the boards and officials and may
prescribe any other requirements the director considers necessary
or appropriate to implement and administer divisions (A), (B), and
(C) of this section.
Section 2. That existing sections 3734.01 and 3734.57 of the
Revised Code are hereby repealed.
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