Bill Text: OH SB302 | 2011-2012 | 129th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To revise requirements governing background investigations for purposes of the Solid, Hazardous, and Infectious Wastes Law.
Spectrum: Moderate Partisan Bill (Republican 26-5)
Status: (Passed) 2012-09-06 - Effective Date [SB302 Detail]
Download: Ohio-2011-SB302-Comm_Sub.html
As Reported by the House Agriculture and Natural Resources Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To revise requirements governing background investigations for purposes of the Solid, Hazardous, and Infectious Wastes Law.
Spectrum: Moderate Partisan Bill (Republican 26-5)
Status: (Passed) 2012-09-06 - Effective Date [SB302 Detail]
Download: Ohio-2011-SB302-Comm_Sub.html
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Senator Manning
Cosponsors:
Senators Coley, Patton, Seitz, Balderson, Beagle, Eklund, Faber, Hite, Jones, Lehner, Niehaus, Peterson, Schaffer
To amend sections 3734.41 and 3734.42 of the Revised | 1 |
Code to revise requirements governing background | 2 |
investigations for purposes of the Solid, | 3 |
Hazardous, and Infectious Wastes Law. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3734.41 and 3734.42 of the Revised | 5 |
Code be amended to read as follows: | 6 |
Sec. 3734.41. As used in sections 3734.41 to 3734.47 of the | 7 |
Revised Code: | 8 |
(A) "Applicant" means any person seeking a permit or license | 9 |
for an off-site facility and any person or business concern | 10 |
operating such a facility for an applicant. | 11 |
(B) "Application" means the forms and accompanying documents | 12 |
filed in connection with the applicant's request for a permit. | 13 |
(C) "Business concern" means any corporation, association, | 14 |
firm, partnership, trust, or other form of commercial | 15 |
organization. | 16 |
(D) "Disclosure statement" means a statement submitted to the | 17 |
director of environmental protection and the attorney general by | 18 |
an applicant. The statement shall include all of the following: | 19 |
(1) The full name, business address, and social security | 20 |
number of the applicant or, if the applicant is a business | 21 |
concern, of all officers, directors, partners, or key employees | 22 |
thereof and all individuals or business concerns holding any | 23 |
equity in or debt liability of that business concern or, if the | 24 |
business concern is a publicly traded corporation, all individuals | 25 |
or business concerns holding more than five per cent of the equity | 26 |
in or debt liability of that business concern, except that when | 27 |
the debt liability is held by a chartered lending institution, the | 28 |
applicant need supply only the name and business address of the | 29 |
lending institution; | 30 |
(2) The full name, business address, and social security | 31 |
number of all officers, directors, or partners of any business | 32 |
concern disclosed in the statement and the names and addresses of | 33 |
all persons holding any equity in or debt liability of any | 34 |
business concern so disclosed or, if the business concern is a | 35 |
publicly traded corporation, all individuals or business concerns | 36 |
holding more than five per cent of the equity in or debt liability | 37 |
of that business concern, except that when the debt liability is | 38 |
held by a chartered lending institution, the applicant need supply | 39 |
only the name and business address of the lending institution; | 40 |
(3) The full name and business address of any company in | 41 |
which the applicant holds an equity interest and that collects, | 42 |
transfers, transports, treats, stores, or disposes of solid | 43 |
wastes, infectious wastes, or hazardous waste or processes solid | 44 |
wastes that consist of scrap tires; | 45 |
(4) A description of the experience and credentials, | 46 |
including any past or present permits or licenses, for the | 47 |
collection, transfer, transportation, treatment, storage, or | 48 |
disposal of solid wastes, infectious wastes, or hazardous waste, | 49 |
or the processing of solid wastes that consist of scrap tires, | 50 |
possessed by the applicant or, if the applicant is a business | 51 |
concern, by the officers, directors, partners, or key employees | 52 |
thereof; | 53 |
(5) A listing and explanation of any civil or criminal | 54 |
prosecution by government agencies, administrative enforcement | 55 |
actions resulting in the imposition of sanctions, or license | 56 |
revocations or denials issued by any state or federal authority in | 57 |
the ten years immediately preceding the filing of the application, | 58 |
that are pending or have resulted in a finding or a settlement of | 59 |
a violation of any law or rule or regulation relating to the | 60 |
collection, transfer, transportation, treatment, storage, or | 61 |
disposal of solid wastes, infectious wastes, or hazardous waste, | 62 |
or the processing of solid wastes that consist of scrap tires, or | 63 |
of any other environmental protection statute, by the applicant | 64 |
or, if the applicant is a business concern, by the business | 65 |
concern or any officer, director, partner, or key employee | 66 |
thereof. For the purposes of division (D)(5) of this section, | 67 |
violations of any law or rule relating to the transportation of | 68 |
solid wastes, infectious wastes, or hazardous waste do not include | 69 |
violations that also apply to the transportation of commodities | 70 |
that are not wastes. | 71 |
(6) A listing and explanation of any judgment of liability or | 72 |
conviction that was rendered pursuant to any state or federal law | 73 |
or local ordinance resulting in the imposition of a sanction | 74 |
against the applicant or, if the applicant is a business concern, | 75 |
against the business concern or any officer, director, partner, or | 76 |
key employee thereof; | 77 |
(7) A listing of any agency outside this state that has or | 78 |
has had regulatory responsibility over the applicant in connection | 79 |
with its collection, transfer, transportation, treatment, storage, | 80 |
or disposal of solid wastes, infectious wastes, or hazardous waste | 81 |
or processing of solid wastes that consist of scrap tires | 82 |
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(E) "Key employee" means any individual, other than a public | 86 |
official or employee as defined in division (B) of section 102.01 | 87 |
of the Revised Code who is required to file a statement under | 88 |
section 102.02 of the Revised Code, employed by the applicant or | 89 |
the licensee in a supervisory capacity or empowered to make | 90 |
discretionary decisions with respect to the solid waste, | 91 |
infectious waste, or hazardous waste operations of the business | 92 |
concern, but does not include any employee exclusively engaged in | 93 |
the physical or mechanical collection, transfer, transportation, | 94 |
treatment, storage, or disposal of solid wastes, infectious | 95 |
wastes, or hazardous waste or processing of solid wastes that | 96 |
consist of scrap tires. If the applicant or permittee has entered | 97 |
into a contract with another person to operate the facility that | 98 |
is the subject of the permit or license or application for a | 99 |
permit or license, "key employee" also includes those employees of | 100 |
the contractor who act in a supervisory capacity, or are empowered | 101 |
to make discretionary decisions, with respect to the operation of | 102 |
the solid, infectious, or hazardous waste facility. An officer or | 103 |
director of a business concern required to file a disclosure | 104 |
statement under section 3734.42 of the Revised Code who meets the | 105 |
definition of "key employee" shall be considered a key employee | 106 |
for purposes of the filing and disclosure requirements of sections | 107 |
3734.42 to 3734.47 of the Revised Code. | 108 |
(F) "License" means the annual license required by section | 109 |
3734.05 of the Revised Code for an off-site solid waste disposal | 110 |
or transfer facility or an off-site infectious waste treatment | 111 |
facility. | 112 |
(G) "Off-site facility" means a facility that is located off | 113 |
the premises where the solid wastes, infectious wastes, or | 114 |
hazardous waste is generated, but does not include any such | 115 |
facility that exclusively disposes of wastes that are generated | 116 |
from the combustion of coal, or from the combustion of primarily | 117 |
coal in combination with scrap tires, that is not combined in any | 118 |
way with garbage or any such facility that is owned and operated | 119 |
by the generator of the waste and that exclusively stores, | 120 |
processes, or disposes of or transfers solid wastes, exclusively | 121 |
treats infectious wastes, or exclusively disposes of hazardous | 122 |
waste, generated at one or more premises owned by the generator. | 123 |
(H) "Permit" means a permit to install and any subsequent | 124 |
modifications for an off-site solid waste disposal facility, | 125 |
including an incineration facility, or transfer facility, issued | 126 |
under section 3734.05 of the Revised Code; a permit to install and | 127 |
any subsequent modifications for an off-site solid waste facility | 128 |
that is a scrap tire storage, monocell, monofill, or recovery | 129 |
facility issued under section 3734.76, 3734.77, or 3734.78 of the | 130 |
Revised Code, as applicable; a permit to install and any | 131 |
subsequent modifications for an off-site infectious waste | 132 |
treatment facility issued under section 3734.05 of the Revised | 133 |
Code; and a permit to install and operate an off-site hazardous | 134 |
waste treatment, storage, or disposal facility and the | 135 |
modification or renewal of a hazardous waste permit for the | 136 |
treatment, storage, or disposal of hazardous waste issued under | 137 |
section 3734.05 of the Revised Code. | 138 |
(I) "Permittee" means any person who has received a permit or | 139 |
license for an off-site facility. | 140 |
Sec. 3734.42. (A)(1) | 141 |
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permit other than a permit modification or renewal shall file a | 143 |
disclosure statement, on a form developed by the attorney general, | 144 |
with the director of environmental protection and the attorney | 145 |
general at the same time the applicant files an application for a | 146 |
permit other than a permit modification or renewal with the | 147 |
director. | 148 |
(2) Any individual required to be listed in the disclosure | 149 |
statement shall be fingerprinted for identification and | 150 |
investigation purposes in accordance with procedures established | 151 |
by the attorney general. An individual required to be | 152 |
fingerprinted under this section shall not be required to be | 153 |
fingerprinted more than once under this section. | 154 |
(3) The attorney general, within one hundred eighty days | 155 |
after receipt of the disclosure statement from an applicant for a | 156 |
permit, shall prepare and transmit to the director an | 157 |
investigative report on the applicant, based in part upon the | 158 |
disclosure statement, except that this deadline may be extended | 159 |
for a reasonable period of time, for good cause, by the director | 160 |
or the attorney general. In preparing this report, the attorney | 161 |
general may request and receive criminal history information from | 162 |
the federal bureau of investigation and any other law enforcement | 163 |
agency or organization. The attorney general may provide such | 164 |
confidentiality regarding the information received from a law | 165 |
enforcement agency as may be imposed by that agency as a condition | 166 |
for providing that information to the attorney general. | 167 |
(4) The review of the application by the director shall | 168 |
include a review of the disclosure statement and investigative | 169 |
report. | 170 |
(B) All applicants and permittees shall provide any | 171 |
assistance or information requested by the director or the | 172 |
attorney general and shall cooperate in any inquiry or | 173 |
investigation conducted by the attorney general and any inquiry, | 174 |
investigation, or hearing conducted by the director. If, upon | 175 |
issuance of a formal request to answer any inquiry or produce | 176 |
information, evidence, or testimony, any applicant or permittee, | 177 |
any officer, director, or partner of any business concern, or any | 178 |
key employee of the applicant or permittee refuses to comply, the | 179 |
permit of the applicant or permittee may be denied or revoked by | 180 |
the director. | 181 |
(C) The attorney general may charge and collect such fees | 182 |
from applicants and permittees as are necessary to cover the costs | 183 |
of administering and enforcing the investigative procedures | 184 |
authorized in sections 3734.41 to 3734.47 of the Revised Code. The | 185 |
attorney general shall transmit moneys collected under this | 186 |
division to the treasurer of state to be credited to the solid and | 187 |
hazardous waste background investigations fund, which is hereby | 188 |
created in the state treasury. Moneys in the fund shall be used | 189 |
solely for paying the attorney general's costs of administering | 190 |
and enforcing the investigative procedures authorized in sections | 191 |
3734.41 to 3734.47 of the Revised Code. | 192 |
(D) | 193 |
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prospective owner shall submit to the attorney general, on a form | 197 |
provided by the attorney general, | 198 |
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the periods specified: | 209 |
(1) Information required to be included in the disclosure | 210 |
statement for any new officer, director, partner, or key employee, | 211 |
to be submitted within ninety days from the addition of the | 212 |
officer, director, partner, or key employee; | 213 |
(2) Information required to be included in a disclosure | 214 |
statement | 215 |
to be submitted within ninety days from the addition of the new | 216 |
business concern | 217 |
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(E)(1) The attorney general shall enter in the database | 221 |
established under section 109.5721 of the Revised Code the name, | 222 |
the fingerprints, and other relevant information concerning each | 223 |
officer, director, partner, or key employee of an applicant, | 224 |
permittee, or prospective owner. | 225 |
(2) For purposes of section 109.5721 of the Revised Code, | 226 |
annually on a date assigned by the attorney general, an applicant, | 227 |
permittee, or prospective owner shall provide the attorney general | 228 |
with a list of both of the following: | 229 |
(a) Each officer, director, partner, or key employee of the | 230 |
applicant, permittee, or prospective owner and the person's | 231 |
address and social security number; | 232 |
(b) Any officer, director, partner, or key employee of the | 233 |
applicant, permittee, or prospective owner who has left a position | 234 |
previously held with the applicant, permittee, or prospective | 235 |
owner during the previous one-year period and the person's social | 236 |
security number. | 237 |
(3) Annually, the attorney general shall update the database | 238 |
established under section 109.5721 of the Revised Code to reflect | 239 |
the information provided by an applicant, permittee, or | 240 |
prospective owner under divisions (E)(2)(a) and (b) of this | 241 |
section. | 242 |
(4) Notwithstanding division (C) of this section, the | 243 |
attorney general shall charge and collect fees from an applicant, | 244 |
permittee, or prospective owner that is required to submit | 245 |
information under this division in accordance with rules adopted | 246 |
under section 109.5721 of the Revised Code. The fees shall not | 247 |
exceed fees that are charged to any other person who is charged | 248 |
fees for purposes of the database established under that section | 249 |
and who is not an officer, director, partner, or key employee of | 250 |
an applicant, permittee, or prospective owner under this section. | 251 |
(F)(1) Every three years, the attorney general shall request | 252 |
from the federal bureau of investigation any information regarding | 253 |
a criminal conviction with respect to each officer, director, | 254 |
partner, or key employee of an applicant, permittee, or | 255 |
prospective owner. The attorney general may take any actions | 256 |
necessary for purposes of this division, including, as necessary, | 257 |
requesting the submission of any necessary documents authorizing | 258 |
the release of information. | 259 |
(2) Every three years, an applicant, permittee, or | 260 |
prospective owner shall submit an affidavit listing all of the | 261 |
following regarding a business concern required to be listed in | 262 |
the applicant's, permittee's, or prospective owner's disclosure | 263 |
statement: | 264 |
(a) Any administrative enforcement order issued to the | 265 |
business concern in connection with any violation of any federal | 266 |
or state environmental protection laws, rules, or regulations | 267 |
during the previous three-year period; | 268 |
(b) Any civil action in which the business concern was | 269 |
determined to be liable or was the subject of injunctive relief or | 270 |
another type of civil relief in connection with any violation of | 271 |
any federal or state environmental protection laws, rules, or | 272 |
regulations during the previous three-year period; | 273 |
(c) Any criminal conviction for a violation of any federal or | 274 |
state environmental protection laws, rules, or regulations that | 275 |
has been committed knowingly or recklessly by the business concern | 276 |
during the previous three-year period. | 277 |
(G) With respect to an applicant, permittee, or prospective | 278 |
owner, the attorney general shall notify the director of | 279 |
environmental protection of any crime ascertained under division | 280 |
(E) or (F) of this section that is a disqualifying crime under | 281 |
section 3734.44 of the Revised Code. The attorney general shall | 282 |
provide the notification not later than thirty days after the | 283 |
crime was ascertained. | 284 |
(H) The failure to provide | 285 |
section may constitute the basis for the revocation | 286 |
or license, the denial of a permit or license application, the | 287 |
denial of a renewal of | 288 |
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disapproval of a change in ownership as described in division (I) | 290 |
of this section. Prior to | 291 |
disapproval, the director shall notify the applicant | 292 |
permittee, or prospective owner of the director's intention to do | 293 |
so
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prospective owner fourteen days from the date of the notice to | 295 |
explain why the information was not provided. The director shall | 296 |
consider | 297 |
whether to revoke | 298 |
or license application or renewal, or disapprove the change in | 299 |
ownership. | 300 |
Nothing in this | 301 |
director or the attorney general granted under sections 3734.40 to | 302 |
3734.47 of the Revised Code to request information from a person | 303 |
at any other time. | 304 |
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operating off-site solid waste facility, | 351 |
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shall file a disclosure statement with the attorney general and | 355 |
the director at least one hundred eighty days prior to the | 356 |
proposed change in ownership. In addition, whenever there is a | 357 |
change in ownership of any operating on-site solid waste facility, | 358 |
any operating on-site infectious waste facility, or any operating | 359 |
on-site hazardous waste facility and the prospective owner intends | 360 |
to operate the facility as an off-site facility by accepting | 361 |
wastes other than wastes generated by the facility owner, the | 362 |
prospective owner shall file a disclosure statement with the | 363 |
attorney general and the director. The prospective owner shall | 364 |
file the disclosure statement at least one hundred eighty days | 365 |
prior to the proposed change in ownership.
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Upon receipt of the disclosure statement, the attorney | 367 |
general shall prepare an investigative report and transmit it to | 368 |
the director. The director shall review the disclosure statement | 369 |
and investigative report to determine whether the statement or | 370 |
report contains information that if submitted with a permit | 371 |
application would require a denial of the permit pursuant to | 372 |
section 3734.44 of the Revised Code. If the director determines | 373 |
that the statement or report contains such information, the | 374 |
director shall disapprove the change in ownership. | 375 |
(2) If the parties to a change in ownership decide to proceed | 376 |
with the change prior to the action of the director on the | 377 |
disclosure statement and investigative report, the parties shall | 378 |
include in all contracts or other documents reflecting the change | 379 |
in ownership language expressly making the change in ownership | 380 |
subject to the approval of the director and expressly negating the | 381 |
change if it is disapproved by the director pursuant to division | 382 |
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(3) As used in this section, "change in ownership" includes | 384 |
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entities who own a solid waste facility, infectious waste | 386 |
facility, or hazardous waste facility. "Change in ownership" does | 387 |
not include a legal change in a business concern's name when its | 388 |
ownership otherwise remains the same. "Change in ownership" also | 389 |
does not include a personal name change of officers, directors, | 390 |
partners, or key employees | 391 |
statement. | 392 |
Section 2. That existing sections 3734.41 and 3734.42 of the | 393 |
Revised Code are hereby repealed. | 394 |