Bill Text: OH SB290 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-02-07 - To Agriculture, Environment & Natural Resources [SB290 Detail]

Download: Ohio-2011-SB290-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 290

Senator Jones 

Cosponsor: Senator LaRose 

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A BILL

To amend sections 3734.01 and 3734.57 of the Revised

1

Code to exempt source separated recyclable

2

materials from the definition of "solid wastes"

3

and to prohibit a solid waste management district

4

from spending district money to purchase or

5

operate assets for recycling purposes when two or

6

more privately owned companies offer to provide or

7

are providing recycling services for recyclable

8

materials that are generated in the district.

9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3734.01 and 3734.57 of the Revised	10
Code be amended to read as follows:	11

Sec. 3734.01.  As used in this chapter:

12

(A) "Board of health" means the board of health of a city or	13
general health district or the authority having the duties of a	14
board of health in any city as authorized by section 3709.05 of	15
the Revised Code.	16

(B) "Director" means the director of environmental	17
protection.	18

(C) "Health district" means a city or general health district	19
as created by or under authority of Chapter 3709. of the Revised	20
Code.	21

(D) "Agency" means the environmental protection agency.

22

(E) "Solid wastes" means such unwanted residual solid or	23
semisolid material as results from industrial, commercial,	24
agricultural, and community operations, excluding earth or	25
material from construction, mining, or demolition operations, or	26
other waste materials of the type that normally would be included	27
in demolition debris, nontoxic fly ash and bottom ash, including	28
at least ash that results from the combustion of coal and ash that	29
results from the combustion of coal in combination with scrap	30
tires where scrap tires comprise not more than fifty per cent of	31
heat input in any month, spent nontoxic foundry sand, and slag and	32
other substances that are not harmful or inimical to public	33
health, and includes, but is not limited to, garbage, scrap tires,	34
combustible and noncombustible material, street dirt, and debris.	35
"Solid wastes" does not include any material that is an infectious	36
waste or a hazardous waste. "Solid wastes" also does not include	37
any material such as paper, cardboard, metal, glass, plastic, or	38
similar material that is segregated prior to its commingling with	39
other solid wastes by the producer or generator of the material in	40
order to reuse or recycle the material.	41

(F) "Disposal" means the discharge, deposit, injection,	42
dumping, spilling, leaking, emitting, or placing of any solid	43
wastes or hazardous waste into or on any land or ground or surface	44
water or into the air, except if the disposition or placement	45
constitutes storage or treatment or, if the solid wastes consist	46
of scrap tires, the disposition or placement constitutes a	47
beneficial use or occurs at a scrap tire recovery facility	48
licensed under section 3734.81 of the Revised Code.	49

(G) "Person" includes the state, any political subdivision	50
and other state or local body, the United States and any agency or	51
instrumentality thereof, and any legal entity defined as a person	52
under section 1.59 of the Revised Code.	53

(H) "Open burning" means the burning of solid wastes in an	54
open area or burning of solid wastes in a type of chamber or	55
vessel that is not approved or authorized in rules adopted by the	56
director under section 3734.02 of the Revised Code or, if the	57
solid wastes consist of scrap tires, in rules adopted under	58
division (V) of this section or section 3734.73 of the Revised	59
Code, or the burning of treated or untreated infectious wastes in	60
an open area or in a type of chamber or vessel that is not	61
approved in rules adopted by the director under section 3734.021	62
of the Revised Code.	63

(I) "Open dumping" means the depositing of solid wastes into	64
a body or stream of water or onto the surface of the ground at a	65
site that is not licensed as a solid waste facility under section	66
3734.05 of the Revised Code or, if the solid wastes consist of	67
scrap tires, as a scrap tire collection, storage, monocell,	68
monofill, or recovery facility under section 3734.81 of the	69
Revised Code; the depositing of solid wastes that consist of scrap	70
tires onto the surface of the ground at a site or in a manner not	71
specifically identified in divisions (C)(2) to (5), (7), or (10)	72
of section 3734.85 of the Revised Code; the depositing of	73
untreated infectious wastes into a body or stream of water or onto	74
the surface of the ground; or the depositing of treated infectious	75
wastes into a body or stream of water or onto the surface of the	76
ground at a site that is not licensed as a solid waste facility	77
under section 3734.05 of the Revised Code.	78

(J) "Hazardous waste" means any waste or combination of	79
wastes in solid, liquid, semisolid, or contained gaseous form that	80
in the determination of the director, because of its quantity,	81
concentration, or physical or chemical characteristics, may do	82
either of the following:	83

(1) Cause or significantly contribute to an increase in	84
mortality or an increase in serious irreversible or incapacitating	85
reversible illness;	86

(2) Pose a substantial present or potential hazard to human	87
health or safety or to the environment when improperly stored,	88
treated, transported, disposed of, or otherwise managed.	89

"Hazardous waste" includes any substance identified by	90
regulation as hazardous waste under the "Resource Conservation and	91
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	92
amended, and does not include any substance that is subject to the	93
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	94
amended.	95

(K) "Treat" or "treatment," when used in connection with	96
hazardous waste, means any method, technique, or process designed	97
to change the physical, chemical, or biological characteristics or	98
composition of any hazardous waste; to neutralize the waste; to	99
recover energy or material resources from the waste; to render the	100
waste nonhazardous or less hazardous, safer to transport, store,	101
or dispose of, or amenable for recovery, storage, further	102
treatment, or disposal; or to reduce the volume of the waste. When	103
used in connection with infectious wastes, "treat" or "treatment"	104
means any method, technique, or process designed to render the	105
wastes noninfectious, including, without limitation, steam	106
sterilization and incineration, or, in the instance of wastes	107
identified in division (R)(7) of this section, to substantially	108
reduce or eliminate the potential for the wastes to cause	109
lacerations or puncture wounds.	110

(L) "Manifest" means the form used for identifying the	111
quantity, composition, origin, routing, and destination of	112
hazardous waste during its transportation from the point of	113
generation to the point of disposal, treatment, or storage.	114

(M) "Storage," when used in connection with hazardous waste,	115
means the holding of hazardous waste for a temporary period in	116
such a manner that it remains retrievable and substantially	117
unchanged physically and chemically and, at the end of the period,	118
is treated; disposed of; stored elsewhere; or reused, recycled, or	119
reclaimed in a beneficial manner. When used in connection with	120
solid wastes that consist of scrap tires, "storage" means the	121
holding of scrap tires for a temporary period in such a manner	122
that they remain retrievable and, at the end of that period, are	123
beneficially used; stored elsewhere; placed in a scrap tire	124
monocell or monofill facility licensed under section 3734.81 of	125
the Revised Code; processed at a scrap tire recovery facility	126
licensed under that section or a solid waste incineration or	127
energy recovery facility subject to regulation under this chapter;	128
or transported to a scrap tire monocell, monofill, or recovery	129
facility, any other solid waste facility authorized to dispose of	130
scrap tires, or a facility that will beneficially use the scrap	131
tires, that is located in another state and is operating in	132
compliance with the laws of the state in which the facility is	133
located.	134

(N) "Facility" means any site, location, tract of land,	135
installation, or building used for incineration, composting,	136
sanitary landfilling, or other methods of disposal of solid wastes	137
or, if the solid wastes consist of scrap tires, for the	138
collection, storage, or processing of the solid wastes; for the	139
transfer of solid wastes; for the treatment of infectious wastes;	140
or for the storage, treatment, or disposal of hazardous waste.	141

(O) "Closure" means the time at which a hazardous waste	142
facility will no longer accept hazardous waste for treatment,	143
storage, or disposal, the time at which a solid waste facility	144
will no longer accept solid wastes for transfer or disposal or, if	145
the solid wastes consist of scrap tires, for storage or	146
processing, or the effective date of an order revoking the permit	147
for a hazardous waste facility or the registration certificate,	148
permit, or license for a solid waste facility, as applicable.	149
"Closure" includes measures performed to protect public health or	150
safety, to prevent air or water pollution, or to make the facility	151
suitable for other uses, if any, including, but not limited to,	152
the removal of processing residues resulting from solid wastes	153
that consist of scrap tires; the establishment and maintenance of	154
a suitable cover of soil and vegetation over cells in which	155
hazardous waste or solid wastes are buried; minimization of	156
erosion, the infiltration of surface water into such cells, the	157
production of leachate, and the accumulation and runoff of	158
contaminated surface water; the final construction of facilities	159
for the collection and treatment of leachate and contaminated	160
surface water runoff, except as otherwise provided in this	161
division; the final construction of air and water quality	162
monitoring facilities, except as otherwise provided in this	163
division; the final construction of methane gas extraction and	164
treatment systems; or the removal and proper disposal of hazardous	165
waste or solid wastes from a facility when necessary to protect	166
public health or safety or to abate or prevent air or water	167
pollution. With regard to a solid waste facility that is a scrap	168
tire facility, "closure" includes the final construction of	169
facilities for the collection and treatment of leachate and	170
contaminated surface water runoff and the final construction of	171
air and water quality monitoring facilities only if those actions	172
are determined to be necessary.	173

(P) "Premises" means either of the following:

174

(1) Geographically contiguous property owned by a generator;

175

(2) Noncontiguous property that is owned by a generator and	176
connected by a right-of-way that the generator controls and to	177
which the public does not have access. Two or more pieces of	178
property that are geographically contiguous and divided by public	179
or private right-of-way or rights-of-way are a single premises.	180

(Q) "Post-closure" means that period of time following	181
closure during which a hazardous waste facility is required to be	182
monitored and maintained under this chapter and rules adopted	183
under it, including, without limitation, operation and maintenance	184
of methane gas extraction and treatment systems, or the period of	185
time after closure during which a scrap tire monocell or monofill	186
facility licensed under section 3734.81 of the Revised Code is	187
required to be monitored and maintained under this chapter and	188
rules adopted under it.	189

(R) "Infectious wastes" includes all of the following	190
substances or categories of substances:	191

(1) Cultures and stocks of infectious agents and associated	192
biologicals, including, without limitation, specimen cultures,	193
cultures and stocks of infectious agents, wastes from production	194
of biologicals, and discarded live and attenuated vaccines;	195

(2) Laboratory wastes that were, or are likely to have been,	196
in contact with infectious agents that may present a substantial	197
threat to public health if improperly managed;	198

(3) Pathological wastes, including, without limitation, human	199
and animal tissues, organs, and body parts, and body fluids and	200
excreta that are contaminated with or are likely to be	201
contaminated with infectious agents, removed or obtained during	202
surgery or autopsy or for diagnostic evaluation, provided that,	203
with regard to pathological wastes from animals, the animals have	204
or are likely to have been exposed to a zoonotic or infectious	205
agent;	206

(4) Waste materials from the rooms of humans, or the	207
enclosures of animals, that have been isolated because of	208
diagnosed communicable disease that are likely to transmit	209
infectious agents. Such waste materials from the rooms of humans	210
do not include any wastes of patients who have been placed on	211
blood and body fluid precautions under the universal precaution	212
system established by the centers for disease control in the	213
public health service of the United States department of health	214
and human services, except to the extent specific wastes generated	215
under the universal precautions system have been identified as	216
infectious wastes by rules adopted under division (R)(8) of this	217
section.	218

(5) Human and animal blood specimens and blood products that	219
are being disposed of, provided that, with regard to blood	220
specimens and blood products from animals, the animals were or are	221
likely to have been exposed to a zoonotic or infectious agent.	222
"Blood products" does not include patient care waste such as	223
bandages or disposable gowns that are lightly soiled with blood or	224
other body fluids unless those wastes are soiled to the extent	225
that the generator of the wastes determines that they should be	226
managed as infectious wastes.	227

(6) Contaminated carcasses, body parts, and bedding of	228
animals that were intentionally exposed to infectious agents from	229
zoonotic or human diseases during research, production of	230
biologicals, or testing of pharmaceuticals, and carcasses and	231
bedding of animals otherwise infected by zoonotic or infectious	232
agents that may present a substantial threat to public health if	233
improperly managed;	234

(7) Sharp wastes used in the treatment, diagnosis, or	235
inoculation of human beings or animals or that have, or are likely	236
to have, come in contact with infectious agents in medical,	237
research, or industrial laboratories, including, without	238
limitation, hypodermic needles and syringes, scalpel blades, and	239
glass articles that have been broken;	240

(8) Any other waste materials generated in the diagnosis,	241
treatment, or immunization of human beings or animals, in research	242
pertaining thereto, or in the production or testing of	243
biologicals, that the public health council created in section	244
3701.33 of the Revised Code, by rules adopted in accordance with	245
Chapter 119. of the Revised Code, identifies as infectious wastes	246
after determining that the wastes present a substantial threat to	247
human health when improperly managed because they are contaminated	248
with, or are likely to be contaminated with, infectious agents.	249

(S) "Infectious agent" means a type of microorganism,	250
helminth, or virus that causes, or significantly contributes to	251
the cause of, increased morbidity or mortality of human beings.	252

(T) "Zoonotic agent" means a type of microorganism, helminth,	253
or virus that causes disease in vertebrate animals and that is	254
transmissible to human beings and causes or significantly	255
contributes to the cause of increased morbidity or mortality of	256
human beings.	257

(U) "Solid waste transfer facility" means any site, location,	258
tract of land, installation, or building that is used or intended	259
to be used primarily for the purpose of transferring solid wastes	260
that were generated off the premises of the facility from vehicles	261
or containers into other vehicles for transportation to a solid	262
waste disposal facility. "Solid waste transfer facility" does not	263
include any facility that consists solely of portable containers	264
that have an aggregate volume of fifty cubic yards or less nor any	265
facility where legitimate recycling activities are conducted.	266

(V) "Beneficially use" means to use a scrap tire in a manner	267
that results in a commodity for sale or exchange or in any other	268
manner authorized as a beneficial use in rules adopted by the	269
director in accordance with Chapter 119. of the Revised Code.	270

(W) "Commercial car," "commercial tractor," "farm machinery,"	271
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	272
the same meanings as in section 4501.01 of the Revised Code.	273

(X) "Construction equipment" means road rollers, traction	274
engines, power shovels, power cranes, and other equipment used in	275
construction work, or in mining or producing or processing	276
aggregates, and not designed for or used in general highway	277
transportation.	278

(Y) "Motor vehicle salvage dealer" has the same meaning as in	279
section 4738.01 of the Revised Code.	280

(Z) "Scrap tire" means an unwanted or discarded tire.

281

(AA) "Scrap tire collection facility" means any facility that	282
meets all of the following qualifications:	283

(1) The facility is used for the receipt and storage of whole	284
scrap tires from the public prior to their transportation to a	285
scrap tire storage, monocell, monofill, or recovery facility	286
licensed under section 3734.81 of the Revised Code; a solid waste	287
incineration or energy recovery facility subject to regulation	288
under this chapter; a premises within the state where the scrap	289
tires will be beneficially used; or a scrap tire storage,	290
monocell, monofill, or recovery facility, any other solid waste	291
disposal facility authorized to dispose of scrap tires, or a	292
facility that will beneficially use the scrap tires, that is	293
located in another state, and that is operating in compliance with	294
the laws of the state in which the facility is located.	295

(2) The facility exclusively stores scrap tires in portable	296
containers.	297

(3) The aggregate storage of the portable containers in which	298
the scrap tires are stored does not exceed five thousand cubic	299
feet.	300

(BB) "Scrap tire monocell facility" means an individual site	301
within a solid waste landfill that is used exclusively for the	302
environmentally sound storage or disposal of whole scrap tires or	303
scrap tires that have been shredded, chipped, or otherwise	304
mechanically processed.	305

(CC) "Scrap tire monofill facility" means an engineered	306
facility used or intended to be used exclusively for the storage	307
or disposal of scrap tires, including at least facilities for the	308
submergence of whole scrap tires in a body of water.	309

(DD) "Scrap tire recovery facility" means any facility, or	310
portion thereof, for the processing of scrap tires for the purpose	311
of extracting or producing usable products, materials, or energy	312
from the scrap tires through a controlled combustion process,	313
mechanical process, or chemical process. "Scrap tire recovery	314
facility" includes any facility that uses the controlled	315
combustion of scrap tires in a manufacturing process to produce	316
process heat or steam or any facility that produces usable heat or	317
electric power through the controlled combustion of scrap tires in	318
combination with another fuel, but does not include any solid	319
waste incineration or energy recovery facility that is designed,	320
constructed, and used for the primary purpose of incinerating	321
mixed municipal solid wastes and that burns scrap tires in	322
conjunction with mixed municipal solid wastes, or any tire	323
retreading business, tire manufacturing finishing center, or tire	324
adjustment center having on the premises of the business a single,	325
covered scrap tire storage area at which not more than four	326
thousand scrap tires are stored.	327

(EE) "Scrap tire storage facility" means any facility where	328
whole scrap tires are stored prior to their transportation to a	329
scrap tire monocell, monofill, or recovery facility licensed under	330
section 3734.81 of the Revised Code; a solid waste incineration or	331
energy recovery facility subject to regulation under this chapter;	332
a premises within the state where the scrap tires will be	333
beneficially used; or a scrap tire storage, monocell, monofill, or	334
recovery facility, any other solid waste disposal facility	335
authorized to dispose of scrap tires, or a facility that will	336
beneficially use the scrap tires, that is located in another	337
state, and that is operating in compliance with the laws of the	338
state in which the facility is located.	339

(FF) "Used oil" means any oil that has been refined from	340
crude oil, or any synthetic oil, that has been used and, as a	341
result of that use, is contaminated by physical or chemical	342
impurities. "Used oil" includes only those substances identified	343
as used oil by the United States environmental protection agency	344
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	345
U.S.C.A. 6901a, as amended.	346

(GG) "Accumulated speculatively" has the same meaning as in	347
rules adopted by the director under section 3734.12 of the Revised	348
Code.	349

Sec. 3734.57.  (A) The following fees are hereby levied on	350
the transfer or disposal of solid wastes in this state:	351

(1) One dollar per ton through June 30, 2014, one-half of the	352
proceeds of which shall be deposited in the state treasury to the	353
credit of the hazardous waste facility management fund created in	354
section 3734.18 of the Revised Code and one-half of the proceeds	355
of which shall be deposited in the state treasury to the credit of	356
the hazardous waste clean-up fund created in section 3734.28 of	357
the Revised Code;	358

(2) An additional one dollar per ton through June 30, 2014,	359
the proceeds of which shall be deposited in the state treasury to	360
the credit of the solid waste fund, which is hereby created. The	361
environmental protection agency shall use money in the solid waste	362
fund to pay the costs of administering and enforcing the laws	363
pertaining to solid wastes, infectious wastes, and construction	364
and demolition debris, including, without limitation, ground water	365
evaluations related to solid wastes, infectious wastes, and	366
construction and demolition debris, under this chapter and Chapter	367
3714. of the Revised Code and any rules adopted under them,	368
providing compliance assistance to small businesses, and paying a	369
share of the administrative costs of the environmental protection	370
agency pursuant to section 3745.014 of the Revised Code.	371

(3) An additional two dollars and fifty cents per ton through	372
June 30, 2014, the proceeds of which shall be deposited in the	373
state treasury to the credit of the environmental protection fund	374
created in section 3745.015 of the Revised Code;	375

(4) An additional twenty-five cents per ton through June 30,	376
2013, the proceeds of which shall be deposited in the state	377
treasury to the credit of the soil and water conservation district	378
assistance fund created in section 1515.14 of the Revised Code.	379

In the case of solid wastes that are taken to a solid waste	380
transfer facility located in this state prior to being transported	381
for disposal at a solid waste disposal facility located in this	382
state or outside of this state, the fees levied under this	383
division shall be collected by the owner or operator of the	384
transfer facility as a trustee for the state. The amount of fees	385
required to be collected under this division at such a transfer	386
facility shall equal the total tonnage of solid wastes received at	387
the facility multiplied by the fees levied under this division. In	388
the case of solid wastes that are not taken to a solid waste	389
transfer facility located in this state prior to being transported	390
to a solid waste disposal facility, the fees shall be collected by	391
the owner or operator of the solid waste disposal facility as a	392
trustee for the state. The amount of fees required to be collected	393
under this division at such a disposal facility shall equal the	394
total tonnage of solid wastes received at the facility that was	395
not previously taken to a solid waste transfer facility located in	396
this state multiplied by the fees levied under this division. Fees	397
levied under this division do not apply to materials separated	398
from a mixed waste stream for recycling by a generator or	399
materials removed from the solid waste stream through recycling,	400
as "recycling" is defined in rules adopted under section 3734.02	401
of the Revised Code.	402

The owner or operator of a solid waste transfer facility or	403
disposal facility, as applicable, shall prepare and file with the	404
director of environmental protection each month a return	405
indicating the total tonnage of solid wastes received at the	406
facility during that month and the total amount of the fees	407
required to be collected under this division during that month. In	408
addition, the owner or operator of a solid waste disposal facility	409
shall indicate on the return the total tonnage of solid wastes	410
received from transfer facilities located in this state during	411
that month for which the fees were required to be collected by the	412
transfer facilities. The monthly returns shall be filed on a form	413
prescribed by the director. Not later than thirty days after the	414
last day of the month to which a return applies, the owner or	415
operator shall mail to the director the return for that month	416
together with the fees required to be collected under this	417
division during that month as indicated on the return or may	418
submit the return and fees electronically in a manner approved by	419
the director. If the return is filed and the amount of the fees	420
due is paid in a timely manner as required in this division, the	421
owner or operator may retain a discount of three-fourths of one	422
per cent of the total amount of the fees that are required to be	423
paid as indicated on the return.	424

The owner or operator may request an extension of not more	425
than thirty days for filing the return and remitting the fees,	426
provided that the owner or operator has submitted such a request	427
in writing to the director together with a detailed description of	428
why the extension is requested, the director has received the	429
request not later than the day on which the return is required to	430
be filed, and the director has approved the request. If the fees	431
are not remitted within thirty days after the last day of the	432
month to which the return applies or are not remitted by the last	433
day of an extension approved by the director, the owner or	434
operator shall not retain the three-fourths of one per cent	435
discount and shall pay an additional ten per cent of the amount of	436
the fees for each month that they are late. For purposes of	437
calculating the late fee, the first month in which fees are late	438
begins on the first day after the deadline has passed for timely	439
submitting the return and fees, and one additional month shall be	440
counted every thirty days thereafter.	441

The owner or operator of a solid waste facility may request a	442
refund or credit of fees levied under this division and remitted	443
to the director that have not been paid to the owner or operator.	444
Such a request shall be made only if the fees have not been	445
collected by the owner or operator, have become a debt that has	446
become worthless or uncollectable for a period of six months or	447
more, and may be claimed as a deduction, including a deduction	448
claimed if the owner or operator keeps accounts on an accrual	449
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	450
U.S.C. 166, as amended, and regulations adopted under it. Prior to	451
making a request for a refund or credit, an owner or operator	452
shall make reasonable efforts to collect the applicable fees. A	453
request for a refund or credit shall not include any costs	454
resulting from those efforts to collect unpaid fees.	455

A request for a refund or credit of fees shall be made in	456
writing, on a form prescribed by the director, and shall be	457
supported by evidence that may be required in rules adopted by the	458
director under this chapter. After reviewing the request, and if	459
the request and evidence submitted with the request indicate that	460
a refund or credit is warranted, the director shall grant a refund	461
to the owner or operator or shall permit a credit to be taken by	462
the owner or operator on a subsequent monthly return submitted by	463
the owner or operator. The amount of a refund or credit shall not	464
exceed an amount that is equal to ninety days' worth of fees owed	465
to an owner or operator by a particular debtor of the owner or	466
operator. A refund or credit shall not be granted by the director	467
to an owner or operator more than once in any twelve-month period	468
for fees owed to the owner or operator by a particular debtor.	469

If, after receiving a refund or credit from the director, an	470
owner or operator receives payment of all or part of the fees, the	471
owner or operator shall remit the fees with the next monthly	472
return submitted to the director together with a written	473
explanation of the reason for the submittal.	474

For purposes of computing the fees levied under this division	475
or division (B) of this section, any solid waste transfer or	476
disposal facility that does not use scales as a means of	477
determining gate receipts shall use a conversion factor of three	478
cubic yards per ton of solid waste or one cubic yard per ton for	479
baled waste, as applicable.	480

The fees levied under this division and divisions (B) and (C)	481
of this section are in addition to all other applicable fees and	482
taxes and shall be paid by the customer or a political subdivision	483
to the owner or operator of a solid waste transfer or disposal	484
facility. In the alternative, the fees shall be paid by a customer	485
or political subdivision to a transporter of waste who	486
subsequently transfers the fees to the owner or operator of such a	487
facility. The fees shall be paid notwithstanding the existence of	488
any provision in a contract that the customer or a political	489
subdivision may have with the owner or operator or with a	490
transporter of waste to the facility that would not require or	491
allow such payment regardless of whether the contract was entered	492
prior to or after the effective date of this amendmentOctober 16,	493
2009. For those purposes, "customer" means a person who contracts	494
with, or utilizes the solid waste services of, the owner or	495
operator of a solid waste transfer or disposal facility or a	496
transporter of solid waste to such a facility.	497

(B) For the purposes specified in division (G) of this	498
section, the solid waste management policy committee of a county	499
or joint solid waste management district may levy fees upon the	500
following activities:	501

(1) The disposal at a solid waste disposal facility located	502
in the district of solid wastes generated within the district;	503

(2) The disposal at a solid waste disposal facility within	504
the district of solid wastes generated outside the boundaries of	505
the district, but inside this state;	506

(3) The disposal at a solid waste disposal facility within	507
the district of solid wastes generated outside the boundaries of	508
this state.	509

The solid waste management plan of the county or joint	510
district approved under section 3734.521 or 3734.55 of the Revised	511
Code and any amendments to it, or the resolution adopted under	512
this division, as appropriate, shall establish the rates of the	513
fees levied under divisions (B)(1), (2), and (3) of this section,	514
if any, and shall specify whether the fees are levied on the basis	515
of tons or cubic yards as the unit of measurement. A solid waste	516
management district that levies fees under this division on the	517
basis of cubic yards shall do so in accordance with division (A)	518
of this section.	519

The fee levied under division (B)(1) of this section shall be	520
not less than one dollar per ton nor more than two dollars per	521
ton, the fee levied under division (B)(2) of this section shall be	522
not less than two dollars per ton nor more than four dollars per	523
ton, and the fee levied under division (B)(3) of this section	524
shall be not more than the fee levied under division (B)(1) of	525
this section.	526

Prior to the approval of the solid waste management plan of a	527
district under section 3734.55 of the Revised Code, the solid	528
waste management policy committee of a district may levy fees	529
under this division by adopting a resolution establishing the	530
proposed amount of the fees. Upon adopting the resolution, the	531
committee shall deliver a copy of the resolution to the board of	532
county commissioners of each county forming the district and to	533
the legislative authority of each municipal corporation and	534
township under the jurisdiction of the district and shall prepare	535
and publish the resolution and a notice of the time and location	536
where a public hearing on the fees will be held. Upon adopting the	537
resolution, the committee shall deliver written notice of the	538
adoption of the resolution; of the amount of the proposed fees;	539
and of the date, time, and location of the public hearing to the	540
director and to the fifty industrial, commercial, or institutional	541
generators of solid wastes within the district that generate the	542
largest quantities of solid wastes, as determined by the	543
committee, and to their local trade associations. The committee	544
shall make good faith efforts to identify those generators within	545
the district and their local trade associations, but the	546
nonprovision of notice under this division to a particular	547
generator or local trade association does not invalidate the	548
proceedings under this division. The publication shall occur at	549
least thirty days before the hearing. After the hearing, the	550
committee may make such revisions to the proposed fees as it	551
considers appropriate and thereafter, by resolution, shall adopt	552
the revised fee schedule. Upon adopting the revised fee schedule,	553
the committee shall deliver a copy of the resolution doing so to	554
the board of county commissioners of each county forming the	555
district and to the legislative authority of each municipal	556
corporation and township under the jurisdiction of the district.	557
Within sixty days after the delivery of a copy of the resolution	558
adopting the proposed revised fees by the policy committee, each	559
such board and legislative authority, by ordinance or resolution,	560
shall approve or disapprove the revised fees and deliver a copy of	561
the ordinance or resolution to the committee. If any such board or	562
legislative authority fails to adopt and deliver to the policy	563
committee an ordinance or resolution approving or disapproving the	564
revised fees within sixty days after the policy committee	565
delivered its resolution adopting the proposed revised fees, it	566
shall be conclusively presumed that the board or legislative	567
authority has approved the proposed revised fees. The committee	568
shall determine if the resolution has been ratified in the same	569
manner in which it determines if a draft solid waste management	570
plan has been ratified under division (B) of section 3734.55 of	571
the Revised Code.	572

The committee may amend the schedule of fees levied pursuant	573
to a resolution adopted and ratified under this division by	574
adopting a resolution establishing the proposed amount of the	575
amended fees. The committee may repeal the fees levied pursuant to	576
such a resolution by adopting a resolution proposing to repeal	577
them. Upon adopting such a resolution, the committee shall proceed	578
to obtain ratification of the resolution in accordance with this	579
division.	580

Not later than fourteen days after declaring the new fees to	581
be ratified or the fees to be repealed under this division, the	582
committee shall notify by certified mail the owner or operator of	583
each solid waste disposal facility that is required to collect the	584
fees of the ratification and the amount of the fees or of the	585
repeal of the fees. Collection of any fees shall commence or	586
collection of repealed fees shall cease on the first day of the	587
second month following the month in which notification is sent to	588
the owner or operator.	589

Fees levied under this division also may be established,	590
amended, or repealed by a solid waste management policy committee	591
through the adoption of a new district solid waste management	592
plan, the adoption of an amended plan, or the amendment of the	593
plan or amended plan in accordance with sections 3734.55 and	594
3734.56 of the Revised Code or the adoption or amendment of a	595
district plan in connection with a change in district composition	596
under section 3734.521 of the Revised Code.	597

Not later than fourteen days after the director issues an	598
order approving a district's solid waste management plan, amended	599
plan, or amendment to a plan or amended plan that establishes,	600
amends, or repeals a schedule of fees levied by the district, the	601
committee shall notify by certified mail the owner or operator of	602
each solid waste disposal facility that is required to collect the	603
fees of the approval of the plan or amended plan, or the amendment	604
to the plan, as appropriate, and the amount of the fees, if any.	605
In the case of an initial or amended plan approved under section	606
3734.521 of the Revised Code in connection with a change in	607
district composition, other than one involving the withdrawal of a	608
county from a joint district, the committee, within fourteen days	609
after the change takes effect pursuant to division (G) of that	610
section, shall notify by certified mail the owner or operator of	611
each solid waste disposal facility that is required to collect the	612
fees that the change has taken effect and of the amount of the	613
fees, if any. Collection of any fees shall commence or collection	614
of repealed fees shall cease on the first day of the second month	615
following the month in which notification is sent to the owner or	616
operator.	617

If, in the case of a change in district composition involving	618
the withdrawal of a county from a joint district, the director	619
completes the actions required under division (G)(1) or (3) of	620
section 3734.521 of the Revised Code, as appropriate, forty-five	621
days or more before the beginning of a calendar year, the policy	622
committee of each of the districts resulting from the change that	623
obtained the director's approval of an initial or amended plan in	624
connection with the change, within fourteen days after the	625
director's completion of the required actions, shall notify by	626
certified mail the owner or operator of each solid waste disposal	627
facility that is required to collect the district's fees that the	628
change is to take effect on the first day of January immediately	629
following the issuance of the notice and of the amount of the fees	630
or amended fees levied under divisions (B)(1) to (3) of this	631
section pursuant to the district's initial or amended plan as so	632
approved or, if appropriate, the repeal of the district's fees by	633
that initial or amended plan. Collection of any fees set forth in	634
such a plan or amended plan shall commence on the first day of	635
January immediately following the issuance of the notice. If such	636
an initial or amended plan repeals a schedule of fees, collection	637
of the fees shall cease on that first day of January.	638

If, in the case of a change in district composition involving	639
the withdrawal of a county from a joint district, the director	640
completes the actions required under division (G)(1) or (3) of	641
section 3734.521 of the Revised Code, as appropriate, less than	642
forty-five days before the beginning of a calendar year, the	643
director, on behalf of each of the districts resulting from the	644
change that obtained the director's approval of an initial or	645
amended plan in connection with the change proceedings, shall	646
notify by certified mail the owner or operator of each solid waste	647
disposal facility that is required to collect the district's fees	648
that the change is to take effect on the first day of January	649
immediately following the mailing of the notice and of the amount	650
of the fees or amended fees levied under divisions (B)(1) to (3)	651
of this section pursuant to the district's initial or amended plan	652
as so approved or, if appropriate, the repeal of the district's	653
fees by that initial or amended plan. Collection of any fees set	654
forth in such a plan or amended plan shall commence on the first	655
day of the second month following the month in which notification	656
is sent to the owner or operator. If such an initial or amended	657
plan repeals a schedule of fees, collection of the fees shall	658
cease on the first day of the second month following the month in	659
which notification is sent to the owner or operator.	660

If the schedule of fees that a solid waste management	661
district is levying under divisions (B)(1) to (3) of this section	662
is amended or repealed, the fees in effect immediately prior to	663
the amendment or repeal shall continue to be collected until	664
collection of the amended fees commences or collection of the	665
repealed fees ceases, as applicable, as specified in this	666
division. In the case of a change in district composition, money	667
so received from the collection of the fees of the former	668
districts shall be divided among the resulting districts in	669
accordance with division (B) of section 343.012 of the Revised	670
Code and the agreements entered into under division (B) of section	671
343.01 of the Revised Code to establish the former and resulting	672
districts and any amendments to those agreements.	673

For the purposes of the provisions of division (B) of this	674
section establishing the times when newly established or amended	675
fees levied by a district are required to commence and the	676
collection of fees that have been amended or repealed is required	677
to cease, "fees" or "schedule of fees" includes, in addition to	678
fees levied under divisions (B)(1) to (3) of this section, those	679
levied under section 3734.573 or 3734.574 of the Revised Code.	680

(C) For the purposes of defraying the added costs to a	681
municipal corporation or township of maintaining roads and other	682
public facilities and of providing emergency and other public	683
services, and compensating a municipal corporation or township for	684
reductions in real property tax revenues due to reductions in real	685
property valuations resulting from the location and operation of a	686
solid waste disposal facility within the municipal corporation or	687
township, a municipal corporation or township in which such a	688
solid waste disposal facility is located may levy a fee of not	689
more than twenty-five cents per ton on the disposal of solid	690
wastes at a solid waste disposal facility located within the	691
boundaries of the municipal corporation or township regardless of	692
where the wastes were generated.	693

The legislative authority of a municipal corporation or	694
township may levy fees under this division by enacting an	695
ordinance or adopting a resolution establishing the amount of the	696
fees. Upon so doing the legislative authority shall mail a	697
certified copy of the ordinance or resolution to the board of	698
county commissioners or directors of the county or joint solid	699
waste management district in which the municipal corporation or	700
township is located or, if a regional solid waste management	701
authority has been formed under section 343.011 of the Revised	702
Code, to the board of trustees of that regional authority, the	703
owner or operator of each solid waste disposal facility in the	704
municipal corporation or township that is required to collect the	705
fee by the ordinance or resolution, and the director of	706
environmental protection. Although the fees levied under this	707
division are levied on the basis of tons as the unit of	708
measurement, the legislative authority, in its ordinance or	709
resolution levying the fees under this division, may direct that	710
the fees be levied on the basis of cubic yards as the unit of	711
measurement based upon a conversion factor of three cubic yards	712
per ton generally or one cubic yard per ton for baled wastes.	713

Not later than five days after enacting an ordinance or	714
adopting a resolution under this division, the legislative	715
authority shall so notify by certified mail the owner or operator	716
of each solid waste disposal facility that is required to collect	717
the fee. Collection of any fee levied on or after March 24, 1992,	718
shall commence on the first day of the second month following the	719
month in which notification is sent to the owner or operator.	720

(D)(1) The fees levied under divisions (A), (B), and (C) of	721
this section do not apply to the disposal of solid wastes that:	722

(a) Are disposed of at a facility owned by the generator of	723
the wastes when the solid waste facility exclusively disposes of	724
solid wastes generated at one or more premises owned by the	725
generator regardless of whether the facility is located on a	726
premises where the wastes are generated;	727

(b) Are generated from the combustion of coal, or from the	728
combustion of primarily coal in combination with scrap tires,	729
regardless of whether the disposal facility is located on the	730
premises where the wastes are generated.	731

(2) Except as provided in section 3734.571 of the Revised	732
Code, any fees levied under division (B)(1) of this section apply	733
to solid wastes originating outside the boundaries of a county or	734
joint district that are covered by an agreement for the joint use	735
of solid waste facilities entered into under section 343.02 of the	736
Revised Code by the board of county commissioners or board of	737
directors of the county or joint district where the wastes are	738
generated and disposed of.	739

(3) When solid wastes, other than solid wastes that consist	740
of scrap tires, are burned in a disposal facility that is an	741
incinerator or energy recovery facility, the fees levied under	742
divisions (A), (B), and (C) of this section shall be levied upon	743
the disposal of the fly ash and bottom ash remaining after burning	744
of the solid wastes and shall be collected by the owner or	745
operator of the sanitary landfill where the ash is disposed of.	746

(4) When solid wastes are delivered to a solid waste transfer	747
facility, the fees levied under divisions (B) and (C) of this	748
section shall be levied upon the disposal of solid wastes	749
transported off the premises of the transfer facility for disposal	750
and shall be collected by the owner or operator of the solid waste	751
disposal facility where the wastes are disposed of.	752

(5) The fees levied under divisions (A), (B), and (C) of this	753
section do not apply to sewage sludge that is generated by a waste	754
water treatment facility holding a national pollutant discharge	755
elimination system permit and that is disposed of through	756
incineration, land application, or composting or at another	757
resource recovery or disposal facility that is not a landfill.	758

(6) The fees levied under divisions (A), (B), and (C) of this	759
section do not apply to solid wastes delivered to a solid waste	760
composting facility for processing. When any unprocessed solid	761
waste or compost product is transported off the premises of a	762
composting facility and disposed of at a landfill, the fees levied	763
under divisions (A), (B), and (C) of this section shall be	764
collected by the owner or operator of the landfill where the	765
unprocessed waste or compost product is disposed of.	766

(7) When solid wastes that consist of scrap tires are	767
processed at a scrap tire recovery facility, the fees levied under	768
divisions (A), (B), and (C) of this section shall be levied upon	769
the disposal of the fly ash and bottom ash or other solid wastes	770
remaining after the processing of the scrap tires and shall be	771
collected by the owner or operator of the solid waste disposal	772
facility where the ash or other solid wastes are disposed of.	773

(8) The director of environmental protection may issue an	774
order exempting from the fees levied under this section solid	775
wastes, including, but not limited to, scrap tires, that are	776
generated, transferred, or disposed of as a result of a contract	777
providing for the expenditure of public funds entered into by the	778
administrator or regional administrator of the United States	779
environmental protection agency, the director of environmental	780
protection, or the director of administrative services on behalf	781
of the director of environmental protection for the purpose of	782
remediating conditions at a hazardous waste facility, solid waste	783
facility, or other location at which the administrator or regional	784
administrator or the director of environmental protection has	785
reason to believe that there is a substantial threat to public	786
health or safety or the environment or that the conditions are	787
causing or contributing to air or water pollution or soil	788
contamination. An order issued by the director of environmental	789
protection under division (D)(8) of this section shall include a	790
determination that the amount of the fees not received by a solid	791
waste management district as a result of the order will not	792
adversely impact the implementation and financing of the	793
district's approved solid waste management plan and any approved	794
amendments to the plan. Such an order is a final action of the	795
director of environmental protection.	796

(E) The fees levied under divisions (B) and (C) of this	797
section shall be collected by the owner or operator of the solid	798
waste disposal facility where the wastes are disposed of as a	799
trustee for the county or joint district and municipal corporation	800
or township where the wastes are disposed of. Moneys from the fees	801
levied under division (B) of this section shall be forwarded to	802
the board of county commissioners or board of directors of the	803
district in accordance with rules adopted under division (H) of	804
this section. Moneys from the fees levied under division (C) of	805
this section shall be forwarded to the treasurer or such other	806
officer of the municipal corporation as, by virtue of the charter,	807
has the duties of the treasurer or to the fiscal officer of the	808
township, as appropriate, in accordance with those rules.	809

(F) Moneys received by the treasurer or other officer of the	810
municipal corporation under division (E) of this section shall be	811
paid into the general fund of the municipal corporation. Moneys	812
received by the fiscal officer of the township under that division	813
shall be paid into the general fund of the township. The treasurer	814
or other officer of the municipal corporation or the township	815
fiscal officer, as appropriate, shall maintain separate records of	816
the moneys received from the fees levied under division (C) of	817
this section.	818

(G) Moneys received by the board of county commissioners or	819
board of directors under division (E) of this section or section	820
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	821
shall be paid to the county treasurer, or other official acting in	822
a similar capacity under a county charter, in a county district or	823
to the county treasurer or other official designated by the board	824
of directors in a joint district and kept in a separate and	825
distinct fund to the credit of the district. If a regional solid	826
waste management authority has been formed under section 343.011	827
of the Revised Code, moneys received by the board of trustees of	828
that regional authority under division (E) of this section shall	829
be kept by the board in a separate and distinct fund to the credit	830
of the district. Moneys in the special fund of the county or joint	831
district arising from the fees levied under division (B) of this	832
section and the fee levied under division (A) of section 3734.573	833
of the Revised Code shall be expended by the board of county	834
commissioners or directors of the district in accordance with the	835
district's solid waste management plan or amended plan approved	836
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	837
exclusively for the following purposes:	838

(1) Preparation of the solid waste management plan of the	839
district under section 3734.54 of the Revised Code, monitoring	840
implementation of the plan, and conducting the periodic review and	841
amendment of the plan required by section 3734.56 of the Revised	842
Code by the solid waste management policy committee;	843

(2) Implementation of the approved solid waste management	844
plan or amended plan of the district, including, without	845
limitation, the development and implementation of solid waste	846
recycling or reduction programs;. However, on and after the	847
effective date of this amendment, the board of county	848
commissioners or directors of a district shall not spend money in	849
the district's special fund to acquire or operate assets for the	850
collection or processing of recyclable material if two or more	851
privately owned entities offer to provide or provide collection or	852
processing of recyclable material that is generated in the	853
district.	854

(3) Providing financial assistance to boards of health within	855
the district, if solid waste facilities are located within the	856
district, for enforcement of this chapter and rules, orders, and	857
terms and conditions of permits, licenses, and variances adopted	858
or issued under it, other than the hazardous waste provisions of	859
this chapter and rules adopted and orders and terms and conditions	860
of permits issued under those provisions;	861

(4) Providing financial assistance to each county within the	862
district to defray the added costs of maintaining roads and other	863
public facilities and of providing emergency and other public	864
services resulting from the location and operation of a solid	865
waste facility within the county under the district's approved	866
solid waste management plan or amended plan;	867

(5) Pursuant to contracts entered into with boards of health	868
within the district, if solid waste facilities contained in the	869
district's approved plan or amended plan are located within the	870
district, for paying the costs incurred by those boards of health	871
for collecting and analyzing samples from public or private water	872
wells on lands adjacent to those facilities;	873

(6) Developing and implementing a program for the inspection	874
of solid wastes generated outside the boundaries of this state	875
that are disposed of at solid waste facilities included in the	876
district's approved solid waste management plan or amended plan;	877

(7) Providing financial assistance to boards of health within	878
the district for the enforcement of section 3734.03 of the Revised	879
Code or to local law enforcement agencies having jurisdiction	880
within the district for enforcing anti-littering laws and	881
ordinances;	882

(8) Providing financial assistance to boards of health of	883
health districts within the district that are on the approved list	884
under section 3734.08 of the Revised Code to defray the costs to	885
the health districts for the participation of their employees	886
responsible for enforcement of the solid waste provisions of this	887
chapter and rules adopted and orders and terms and conditions of	888
permits, licenses, and variances issued under those provisions in	889
the training and certification program as required by rules	890
adopted under division (L) of section 3734.02 of the Revised Code;	891

(9) Providing financial assistance to individual municipal	892
corporations and townships within the district to defray their	893
added costs of maintaining roads and other public facilities and	894
of providing emergency and other public services resulting from	895
the location and operation within their boundaries of a	896
composting, energy or resource recovery, incineration, or	897
recycling facility that either is owned by the district or is	898
furnishing solid waste management facility or recycling services	899
to the district pursuant to a contract or agreement with the board	900
of county commissioners or directors of the district;	901

(10) Payment of any expenses that are agreed to, awarded, or	902
ordered to be paid under section 3734.35 of the Revised Code and	903
of any administrative costs incurred pursuant to that section. In	904
the case of a joint solid waste management district, if the board	905
of county commissioners of one of the counties in the district is	906
negotiating on behalf of affected communities, as defined in that	907
section, in that county, the board shall obtain the approval of	908
the board of directors of the district in order to expend moneys	909
for administrative costs incurred.	910

Prior to the approval of the district's solid waste	911
management plan under section 3734.55 of the Revised Code, moneys	912
in the special fund of the district arising from the fees shall be	913
expended for those purposes in the manner prescribed by the solid	914
waste management policy committee by resolution.	915

Notwithstanding division (G)(6) of this section as it existed	916
prior to October 29, 1993, or any provision in a district's solid	917
waste management plan prepared in accordance with division	918
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	919
prior to that date, any moneys arising from the fees levied under	920
division (B)(3) of this section prior to January 1, 1994, may be	921
expended for any of the purposes authorized in divisions (G)(1) to	922
(10) of this section.	923

(H) The director shall adopt rules in accordance with Chapter	924
119. of the Revised Code prescribing procedures for collecting and	925
forwarding the fees levied under divisions (B) and (C) of this	926
section to the boards of county commissioners or directors of	927
county or joint solid waste management districts and to the	928
treasurers or other officers of municipal corporations and the	929
fiscal officers of townships. The rules also shall prescribe the	930
dates for forwarding the fees to the boards and officials and may	931
prescribe any other requirements the director considers necessary	932
or appropriate to implement and administer divisions (A), (B), and	933
(C) of this section.	934

Section 2. That existing sections 3734.01 and 3734.57 of the	935
Revised Code are hereby repealed.	936