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2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.11 | Prohibited Acts.

Effective:
September 14, 2016
Latest Legislation:
Senate Bill 293 - 131st General Assembly
(A) No person shall violate any section of this chapter, any rule adopted under it, or any order issued under section 3734.13 of the Revised Code.
(B) No person who holds a permit or license issued under this chapter shall violate any of the terms and conditions of the permit or license.
(C) No person shall operate a solid waste facility or portion of such a facility within the boundaries of a state park established or dedicated under Chapter 1546. of the Revised Code, a state park purchase area established under section 1546.06 of the Revised Code, any unit of the national park system, or any property that lies within the boundaries of a national park or recreation area, but that has not been acquired or is not administered by the secretary of the United States department of the interior, located in this state, or any candidate area located in this state and identified for potential inclusion in the national park system in the edition of the "national park system plan" submitted under paragraph (b) of section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at the time of filing of the application for the permit, unless either of the following applies:
(1) The facility was operating on December 21, 1988, under an operating license issued under section 3734.05 of the Revised Code;
(2) The facility is used only for disposal of solid wastes generated within the park or recreation area in accordance with a permit or license issued under section 3734.05 of the Revised Code.
(D) No person shall make any false material statement or representation in any affidavit, disclosure form, or other document required to be submitted to the attorney general by this chapter or any rule adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.121 | List of Hazardous Wastes Generated Within State.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 294 - 129th General Assembly
(A) The director of environmental protection shall, no later than the first day of October each even-numbered year, compile and make available to the extent allowed by rules adopted under division (G) of section 3734.12 of the Revised Code a list of hazardous wastes generated within the state during the preceding calendar year by any person who is not exempt from regulation under this chapter and rules adopted under it. The list shall contain at least:
(1) The name and address of each person generating hazardous waste;
(2) The waste description of each waste generated and the United States environmental protection agency hazardous waste number assigned to each waste under regulations promulgated under the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended; and
(3) The quantity of waste generated during the preceding calendar year.
(B) The director of environmental protection may:
(1) From funds made available by the general assembly, make grants on a fifty per cent matching basis to a municipal corporation or county for the purposes of:
(a) Providing training for local public health and public safety officers in the proper procedures for dealing with emergencies involving hazardous waste facilities in their jurisdictions;
(b) Providing special clothing and equipment needed by local public health and public safety officers for dealing with emergencies involving hazardous waste facilities in their jurisdictions; and
(c) Reviewing materials provided to them by the director relating to applications for a hazardous waste facility installation and operation permit.
(2) From funds made available by the general assembly, make grants to any generator wishing to conduct applied research on technically feasible and environmentally sound alternatives for waste reduction, processing, recycling, fixating, neutralizing, or otherwise treating its own hazardous waste.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.125 | Rules Governing Beneficial Use of Material From a Horizontal Well.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The director of environmental protection may adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements governing the beneficial use of material from a horizontal well that has come in contact with a refined oil-based substance and that is not technologically enhanced naturally occurring radioactive material.
Last updated May 6, 2021 at 2:38 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.14 | Exchange, Use, and Recovery of Resources From Hazardous Waste.

Effective:
August 1, 1984
Latest Legislation:
House Bill 506 - 115th General Assembly
The director of environmental protection shall periodically determine the market potential and feasibility of the exchange, use, and recovery of resources from hazardous waste. Using the information required under divisions (B) and (I) of section 3734.12 of the Revised Code, the director shall, in compliance with the procedures adopted under division (G) of section 3734.12 of the Revised Code pertaining to the protection of trade secrets, provide information on the availability of hazardous waste to persons who desire to acquire it and use or recover resources from hazardous waste. When necessary or desirable to facilitate the exchange and use of hazardous waste, the director may order exemptions from the requirements of this chapter in accordance with division (G) of section 3734.02 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.141 | Disposing of Acute Hazardous Waste.

Effective:
August 1, 1984
Latest Legislation:
House Bill 506 - 115th General Assembly
After December 31, 1986, no person shall dispose of any acute hazardous waste listed in 40 C.F.R. 261.33 (e), as amended, in this state unless the director of environmental protection determines, based upon information provided by the generator of the waste, that the waste:
(A) Cannot be treated and rendered nonhazardous, recycled, reclaimed, or destroyed by incineration or biological agents;
(B) Has been reduced to its lowest level of toxicity; and
(C) Has been completely encapsulated or is otherwise protected so as to eliminate its leaching potential.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.15 | Registration and Liability of Transporters and Acceptors of Hazardous Waste.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) No person shall transport hazardous waste anywhere in this state unless the person has first filed an annual registration statement with, and paid an annual registration fee to, the United States department of transportation in accordance with 49 C.F.R. 107.601 to 107.620.
For the purposes of this section, "registered transporter" means any person who has filed an annual registration statement with, and paid an annual registration fee to, the United States department of transportation in accordance with 49 C.F.R. 107.601 to 107.620.
(B) A registered transporter of hazardous waste shall be responsible for the safe delivery of any hazardous waste that the registered transporter transports from such time as the registered transporter obtains the waste until the registered transporter delivers it to a treatment, storage, or disposal facility specified in division (F) of section 3734.02 of the Revised Code, as recorded on the manifest required in division (B) of section 3734.12 of the Revised Code. Any registered transporter who violates this chapter or any rule adopted under the chapter while transporting hazardous waste shall be liable for any damage or injury caused by the violation and for the costs of rectifying the violation and conditions caused by the violation.
(C) No person who generates hazardous waste shall cause the waste to be transported by any person who is not a registered transporter. No person shall accept for treatment, storage, or disposal any hazardous waste from an unregistered transporter. Any person who is requested to accept such waste for treatment, storage, or disposal shall notify the director, the board of health in the person's location, and the public utilities commission of the request.
If a generator causes an unregistered transporter to transport the hazardous waste, the generator of the waste, the transporter, and any person who accepts the waste for treatment, storage, or disposal shall be jointly and severally liable for any damage or injury caused by the handling of the waste and for the costs of rectifying their violation and conditions caused by their violation.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.16 | Generator's Liability for Intentional Violation.

Effective:
August 1, 1984
Latest Legislation:
House Bill 506 - 115th General Assembly
A generator of hazardous waste who violates any of the rules adopted by the director of environmental protection in accordance with divisions (B) and (I) of section 3734.12 of the Revised Code shall be liable for any damage or injury caused by the violation and for the costs of rectifying the violation and conditions caused by the violation in addition to any civil penalties or criminal fines imposed for the violation under section 3734.13 or 3734.99 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.17 | Prohibiting Accepting Waste After Violation by Generator.

Effective:
August 1, 1984
Latest Legislation:
House Bill 506 - 115th General Assembly
No person shall accept for transportation or for treatment, storage, or disposal any hazardous waste whose generator has violated any of the rules adopted by the director of environmental protection in accordance with divisions (B) and (I) of section 3734.12 of the Revised Code with respect to the waste. Any person who accepts for treatment, storage, or disposal any hazardous waste and who violates any of the rules adopted by the director in accordance with divisions (D), (I), and (J) of section 3734.12 of the Revised Code shall be liable for any damage or injury caused by the violation and for the costs of rectifying the violation and conditions caused by the violation in addition to any civil penalties or criminal fines imposed for the violation under section 3734.13 or 3734.99 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.24 | Transferring or Selling Cleaned Up Facility.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
After the cleanup of a solid waste facility or a hazardous waste facility acquired and cleaned up under section 3734.23 of the Revised Code, the director of environmental protection may, if the facility is suitable for use by any other state department, agency, office, or institution and if the proposed use of the facility is compatible with the condition of the facility as cleaned up, transfer the facility to that state department, agency, office, or institution. The director shall continue to provide for the post-closure care, maintenance, and monitoring of any such cleaned-up facility as required by section 3734.23 of the Revised Code.
If the director determines that any facility so cleaned up is suitable, because of its condition as cleaned up, for restricted or unrestricted use, the director may, with the approval of the attorney general, sell the facility if the sale is advantageous to the state. Prior to selling the cleaned-up facility, the director shall, when necessary to protect public health or safety, enter into an environmental covenant in accordance with sections 5301.80 to 5301.92 of the Revised Code. When selling any such cleaned-up facility, the director shall retain the right to enter upon the facility, in person or by an authorized agent, to provide for the post-closure care, maintenance, and monitoring of the facility. The director shall provide for the post-closure care, maintenance, and monitoring of any such facility sold as required by section 3734.23 of the Revised Code.
With the approval of the attorney general, the director may grant easements or leases on any such cleaned-up facility if the director determines that the use of the facility under the easement or lease is compatible with its condition as cleaned up.
Any moneys derived from the sale of such cleaned-up facilities or from payments from easements or leases shall be credited to the hazardous waste facility management fund created in section 3734.18 of the Revised Code, the hazardous waste clean-up fund created in section 3734.28 of the Revised Code, or the environmental protection remediation fund created in section 3734.281 of the Revised Code, as applicable.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.27 | Application and Survey to Precede Grant.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Before making grants from the hazardous waste facility management fund created in section 3734.18 of the Revised Code or the hazardous waste clean-up fund created in section 3734.28 of the Revised Code, the director of environmental protection shall consider each project application submitted by a political subdivision under section 3734.25 of the Revised Code, each application submitted by the owner of a facility under section 3734.26 of the Revised Code, and each facility surveyed under section 3734.19 of the Revised Code and, based upon the feasibility, cost, and public benefits of restoring the particular land and the availability of federal or other financial assistance for restoration, establish priorities for awarding grants from the fund.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.28 | Hazardous Waste Clean-Up Fund.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Except as otherwise provided in sections 3734.281 and 3734.282 of the Revised Code, moneys collected under sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised Code and under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et seq., as amended, including moneys recovered under division (B)(1) of this section, shall be paid into the state treasury to the credit of the hazardous waste clean-up fund, which is hereby created. In addition, both of the following shall be credited to the fund:
(A) Moneys recovered for costs paid from the fund for activities described in divisions (A)(1) and (2) of section 3745.12 of the Revised Code;
(B) Natural resource damage assessment costs recovered under any of the following:
(1) The "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et seq., as amended;
(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 2701, et seq., as amended;
(3) The "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C. 1321, et seq., as amended;
(4) Any other applicable federal or state law.
The environmental protection agency shall use the moneys in the fund for the purposes set forth in division (D) of section 3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12, and Chapter 3746. of the Revised Code, including any related enforcement expenses and administrative expenses of any related closure or corrective action program. In addition, the agency shall use the moneys in the fund to pay the state's long-term operation and maintenance costs or matching share for actions taken under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," as amended. If those moneys are reimbursed by grants or other moneys from the United States or any other person, the moneys shall be placed in the fund and not in the general revenue fund.
The director of environmental protection may enter into contracts and grant agreements with federal, state, or local government agencies, nonprofit organizations, and colleges and universities for the purpose of carrying out the responsibilities of the environmental protection agency for which money may be expended from the fund.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.281 | Environmental Protection Remediation Fund.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
Except as otherwise provided in section 3734.282 of the Revised Code, moneys collected from judgements for the state or settlements with the director of environmental protection, including those associated with bankruptcies, related to actions brought under Chapter 3714. and section 3734.13, 3734.20, 3734.22, 6111.03, or 6111.04 of the Revised Code; and moneys received under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended, may be paid into the state treasury to the credit of the environmental protection remediation fund, which is hereby created. The environmental protection agency shall use the moneys in the fund only for the purpose of remediating conditions at a hazardous waste facility, a solid waste facility, a construction and demolition debris facility licensed under Chapter 3714. of the Revised Code, or another location at which the director has reason to believe there is a substantial threat to public health or safety or the environment. Remediation may include the direct and indirect costs associated with the overseeing, supervising, performing, verifying, or reviewing of remediation activities by agency employees. All investment earnings of the fund shall be credited to the fund.
The director of environmental protection may enter into contracts and grant agreements with federal, state, or local government agencies, nonprofit organizations, and colleges and universities for the purpose of carrying out the responsibilities of the environmental protection agency for which money may be expended from the fund.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.282 | Natural Resource Damages Fund.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Except for natural resource damage assessment costs recovered by the state that are required by section 3734.28 of the Revised Code to be credited to the hazardous waste clean-up fund created in that section, all money collected by the state for natural resources damages under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended, the "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 2701 et seq., as amended, the Federal Water Pollution Control Act as defined in section 6111.01 of the Revised Code, or any other applicable federal or state law shall be paid into the state treasury to the credit of the natural resource damages fund, which is hereby created. The director of environmental protection shall use money in the fund only in accordance with the purposes of and the limitations on natural resources damages set forth in the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," as amended, the "Oil Pollution Act of 1990," as amended, the Federal Water Pollution Control Act, or another applicable federal or state law. All investment earnings of the fund shall be credited to the fund.
The director of environmental protection may enter into contracts and grant agreements with federal, state, or local government agencies, nonprofit organizations, and colleges and universities for the purpose of carrying out the director's responsibilities for which money may be expended from the fund.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.29 | Claim for Personal Injuries or Real Property Damage Resulting From Violation.

Effective:
April 4, 1985
Latest Legislation:
House Bill 506 - 115th General Assembly
Notwithstanding any other provision of the Revised Code that limits the time within which an action shall be commenced, a cause of action for personal injury or real property damage resulting from a civil violation of the hazardous waste provisions of this chapter shall not be deemed to have accrued or arisen until the plaintiff discovers or reasonably should have discovered the injuries or damage, provided that this section shall not be construed to affect in any way causes of action that might otherwise be deemed to accrue or arise as a direct or proximate result of acts performed or omitted on or before October 9, 1980, regardless of the date that suit upon those causes of action is commenced or tried.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.30 | State's Liability for Injury or Damage.

Effective:
October 6, 2017
Latest Legislation:
Senate Bill 2 - 132nd General Assembly
The state i s immune from liability for any injury or damage resulting from a ny of the following:
(A) Operation of a hazardous waste facility, solid waste facility, or construction and demolition debris facility by a person other than an agency, department, or institution of the state;
(B) Conditions present at a facility that is acquired by the state by gift or devise ;
(C) Activities conducted pursuant to section 3734.20 or 3734.21 of the Revised Code, remediation activities for which money may be expended pursuant to section 3734.281 of the Revised Code, or activities for which money may be expended pursuant to section 3714.071 or 3734.85, provided that those activities do not constitute reckless, willful, or wanton misconduct.
The liability of the state, if any, in other circumstances regarding hazardous waste, solid waste, or construction and demolition debris shall be determined in accordance with Chapter 2743. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.31 | Inspecting and Monitoring Facilities.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The director of environmental protection shall employ and equip such individuals as are needed to adequately and regularly inspect and monitor operating hazardous waste facilities, infectious waste treatment facilities, or solid waste facilities located off the premises where hazardous waste, infectious waste, or solid waste is generated.
(B) The director may employ and equip such individuals as are necessary to inspect and monitor operating hazardous waste facilities, infectious waste treatment facilities, or solid waste facilities other than those described in division (A) of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.40 | Policy as to Off-Site Treatment, Storage and Disposal of Wastes.

Effective:
June 24, 1988
Latest Legislation:
House Bill 592 - 117th General Assembly
The general assembly hereby finds and declares the following to be the public policy of this state:
(A) That the off-site treatment, storage, and disposal of hazardous waste and the off-site disposal of solid wastes, including incineration, and transfer of solid wastes are critical components of the economic structure of this state and, when properly controlled and regulated, make substantial contributions to the general welfare, health, and prosperity of the state and its inhabitants by minimizing the serious health and environmental threats inherent in the management of these wastes;
(B) That the regulatory provisions of this chapter are designed to extend strict state regulation to those persons involved in the operations of these permitted activities so as to foster and justify the public confidence and trust in the credibility and integrity of the conduct of these activities;
(C) That the solid and hazardous waste management industries in this state can attain, maintain, and retain integrity, public confidence, and trust, and promote the general public interest, only under a system of control and regulation that precludes the participation therein of persons with known criminal records and excludes or removes from any position of authority or responsibility any person known to be so deficient in reliability, expertise, or competence with specific reference to the solid or hazardous waste management industries that his participation in them would create or enhance the danger of unsound, unfair, or illegal practices, methods, and activities in the conduct of the business of the industries;
(D) That strict licensing standards will help ensure that members of the waste management industry in this state will continue to maintain standards of professionalism and responsibility;
(E) That it therefore is vital to the interests of this state to prevent either direct or indirect entry into the operations of the off-site solid waste disposal and transfer and the off-site hazardous waste treatment, storage, and disposal, industries of persons who are not competent and reliable or who have pursued economic gains in an occupational manner or context violative of the criminal code or civil public policies of this state, and it is to the end of excluding such persons from those industries that the regulatory and investigatory powers and duties provided in sections 3734.41 to 3734.47 of the Revised Code shall be exercised to the fullest extent consistent with law.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.45 | Causes for Revocation.

Effective:
June 24, 1988
Latest Legislation:
House Bill 592 - 117th General Assembly
Any permit or license may be revoked by the director of environmental protection or board of health for any of the following causes, in addition to other causes for revocation authorized by this chapter:
(A) Any cause that would require disqualification pursuant to division (A), (B), (D), or (E) of section 3734.44 of the Revised Code from receiving a permit upon original application;
(B) Fraud, deceit, or misrepresentation in securing the permit or in the conduct of the permitted or licensed activity;
(C) Offering, conferring, or agreeing to confer any benefit to induce any other individual or business concern to violate the provisions of this chapter, of any rule adopted thereunder, or of any other law relating to the transportation, transfer, treatment, storage, or disposal of solid wastes, infectious wastes, or hazardous waste;
(D) Coercion of a customer by violence or economic reprisal or the threat thereof to utilize the services of any permittee;
(E) Preventing, without authorization of the director, any individual or business concern from transferring or disposing of solid wastes or hazardous waste at a permitted treatment, transfer, storage, or disposal facility other than a facility owned or operated by the applicant or permittee, or preventing, without authorization of the director, any individual or business concern from treating infectious waste at a licensed infectious waste treatment facility other than a facility owned and operated by the applicant or licensee.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.46 | Effect of Disqualification.

Effective:
September 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
Notwithstanding the disqualification of the applicant or permittee pursuant to this chapter, the director of environmental protection or the board of health may issue or renew a permit or license if the applicant or permittee severs the interest of or affiliation with the individual or business concern that would otherwise cause that disqualification or may issue or renew a license on a temporary basis for a period not to exceed six months if the director or the board of health determines that the issuance or renewal of the permit or license is necessitated by the public interest.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.47 | Investigations and Review of Applications for Permits and Licenses.

Effective:
June 24, 1988
Latest Legislation:
House Bill 592 - 117th General Assembly
The director of environmental protection and the attorney general may adopt, in accordance with Chapter 119. of the Revised Code, rules necessary to implement the investigations and review of applications for permits and licenses as required under sections 3734.40 to 3734.47 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.501 | Annual Review of Solid Waste Management in State.

Effective:
October 29, 1993
Latest Legislation:
Senate Bill 153 - 120th General Assembly
The standing committees of the house of representatives and senate that are primarily responsible for considering environmental matters shall conduct an annual review of solid waste management in this state. In conducting such an annual review, the committees may consider any topics pertaining to solid waste management, and may make any recommendations, they consider necessary or appropriate.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.531 | Effect of Failure of District to Add Members to Policy Committee or Board of Trustees.

Effective:
March 30, 1995
Latest Legislation:
Senate Bill 685 - 120th General Assembly
(A)(1) Except as otherwise provided in division (A)(2) of this section, the validity of any action taken prior to the date ninety days after October 29, 1993, under this chapter or Section 5 of Sub. H.B. 723 of the 119th general assembly by a solid waste management policy committee or the board of trustees of a regional solid waste management authority formed under section 343.011 of the Revised Code is not affected by the failure of the district to add the members to the policy committee or board of trustees required by the amendments to section 343.011 or 3734.54 of the Revised Code, as appropriate, made by Am. Sub. S.B. 153 of the 120th general assembly. Any action taken on or after the date ninety days after October 29, 1993, by a policy committee or board of trustees that does not include the required additional members is void.
(2) Any action taken on or after October 29, 1993, under division (I)(2) of section 343.01, section 343.013, 343.014, or 343.015, division (B) of section 3734.57, or section 3734.573 or 3734.574 of the Revised Code by a policy committee or board of trustees that does not include the required additional members is void.
(B) The amendments to sections 3734.53, 3734.55, 3734.56, and 3734.57 of the Revised Code made by Am. Sub. S.B. 153 of the 120th general assembly apply to the amended solid waste management plans that policy committees commenced preparing under section 3734.56 of the Revised Code, and to the initial plans that the director of environmental protection commenced preparing under division (D) of section 3734.55 of the Revised Code, prior to October 29, 1993.
(C) The amendments to sections 3734.521, 3734.53, 3734.55, and 3734.57 of the Revised Code made by Am. Sub. S.B. 153 of the 120th general assembly apply to the preparation, contents, adoption, ratification, or submission, as appropriate, of initial and, if any, amended solid waste management plans required to be submitted in connection with change in district composition proceedings that were initiated prior to October 29, 1993, under Section 5 of Sub. H.B. 723 of the 119th general assembly.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.551 | Reimbursement of Director for Expenses of Preparing and Ordering Implementation of Plan or Amended Plan.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The board of county commissioners of a county or board of directors of a joint solid waste management district that is ordered to implement an initial or amended solid waste management plan prepared by the director of environmental protection under section 3734.521, 3734.55, or 3734.56 of the Revised Code and that is levying fees under division (A) or (B) of section 3734.574 of the Revised Code shall reimburse the director from moneys in the special fund of the district created in division (G) of section 3734.57 of the Revised Code for the expenses incurred by the director in preparing and ordering the implementation of the plan or amended plan for all of the following purposes, as applicable:
(1) Postage;
(2) Copying and duplicating;
(3) Notices published in newspapers;
(4) A court reporter to record testimony at public hearings and transcribe the record of those hearings;
(5) Facility rental for holding public information sessions or public hearings;
(6) Conducting a survey of industrial solid waste generators within the district and other primary data collection activities when the necessary data are not available from the district, including, without limitation, the costs of conducting the survey or data collection by contract;
(7) Fuel, meals, and lodging for the staff of the environmental protection agency when travel to the district is necessary to conduct data collection and other plan preparation activities;
(8) Necessary long-distance telephone calls.
(B) Upon ordering a district to implement a plan or amended plan under section 3734.521, 3734.55, or 3734.56 of the Revised Code, the director shall send to the board of county commissioners or directors an itemized demand for the expenses enumerated in division (A) of this section that were incurred by the director in preparing and ordering the implementation of the plan or amended plan. The board of county commissioners or directors shall pay to the director the amount stated in the demand within sixty days after receiving it. Moneys received by the director under this division shall be deposited in the state treasury to the credit of the waste management fund created in section 3734.061 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.571 | Disposal Fees Where District Has No Facilities.

Effective:
March 30, 1995
Latest Legislation:
House Bill 685 - 120th General Assembly
If no solid waste disposal facilities are located within a county or joint solid waste management district that has entered into, or proposes to enter into, an agreement with another county or joint solid waste management district under section 343.02 of the Revised Code for the joint use of solid waste facilities, the latter district may levy fees under division (B)(2) of section 3734.57 of the Revised Code on the disposal of solid wastes at solid waste disposal facilities within its boundaries that were generated within the former district. Such a district may levy those fees regardless of whether it is levying fees under division (B) of section 3734.57 of the Revised Code pursuant to that division or division (A) or (D) of section 3734.574 of the Revised Code. Moneys so collected that equal the difference between the fees that the receiving district otherwise would have levied on the disposal of those wastes under division (B)(1) of section 3734.57 of the Revised Code and the fees that it levies on the disposal of those wastes under division (B)(2) of that section shall be used by the generating district for the purposes specified in divisions (G)(1) and (2) of that section.
The agreement between the districts for the joint use of solid waste facilities shall provide or shall be amended to provide for all of the following, without limitation:
(A) Responsibility for monitoring the amount of solid wastes disposed of in the receiving district that were generated in the district without disposal facilities;
(B) Levying and collection of the fees authorized under this section in accordance with section 3734.57 of the Revised Code;
(C) A schedule for the remission to the generating district of the portion of the disposal fees that are due it under this section;
(D) Interest to be paid by the receiving district to the generating district if the former fails to remit the disposal fees in accordance with the schedule required under division (B) of this section;
(E) Periodic review of the amount of moneys collected in accordance with this section and the provisions of the agreement required under this section to determine their adequacy.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.575 | Report of Fees and Accounts.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The board of county commissioners of a county solid waste management district and the board of directors of a joint solid waste management district that is levying fees or amended fees or receiving fee revenue under division (B) of section 3734.57; section 3734.571, 3734.572, or 3734.573; or division (A), (B), or (D) of section 3734.574 of the Revised Code, within thirty days after the end of each calendar quarter, shall submit to the director of environmental protection a report containing all of the following information for that preceding quarter:
(1) The specific fees levied by the district;
(2) Revenues received by the district during the quarter from each of those sources, as applicable;
(3) All district planning account balances;
(4) The amount and use of revenues spent;
(5) A certification statement that the information in the report is true and accurate.
A board shall submit each report on forms prescribed by the director and in a manner prescribed by the director. A board is responsible for the accuracy of the information contained in each report and for providing it to the director not later than the deadline established in this division.
Annually by not earlier than the first day of April, the director shall submit a compilation of the individual district reports received during the preceding calendar year to the speaker of the house of representatives and the president of the senate. In submitting the compilation, the director's sole responsibility shall be to compile the information submitted by the boards under this division.
(B) If changes in the 1994 budget of a county or joint district result from the required change in the fees levied by the district under division (B) of section 3734.57 of the Revised Code, the levying of the fees under section 3734.573 of the Revised Code, or the levying of fees under division (A) or (B) of section 3734.574 of the Revised Code, the board of county commissioners or directors of the district shall include a description of the changes in the annual report of the district required to be submitted to the director pursuant to rules adopted under section 3734.50 of the Revised Code.
Last updated September 13, 2023 at 8:58 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.577 | Exemption From Fees Prohibited.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Notwithstanding any section of the Revised Code to the contrary, no solid waste management district shall exempt a public sector commercial licensed hauler from a fee that is charged to private sector commercial licensed haulers by the solid waste management district.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.578 | Fees Inapplicable to Solid Waste Used as Alternative Daily Cover.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
Fees applicable to solid waste under this chapter do not apply to solid waste that the director of environmental protection approves for use as alternative daily cover in accordance with rules adopted under section 3734.02 of the Revised Code and that is used as alternative daily cover in accordance with those rules.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.579 | National Priority List Remedial Support Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) There is hereby created in the state treasury the national priority list remedial support fund. The fund shall consist of transfer and disposal fees paid into the fund under division (A)(5) of section 3734.57 of the Revised Code.
(B) The director of environmental protection shall use the fund to pay for the state's removal and remedial actions and long term operation and maintenance costs or applicable cost shares for actions taken under the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 42 U.S.C. 9601, et seq. The director may use money in the fund to enter into contracts and grant agreements with federal, state, or local government agencies, nonprofit organizations, colleges, and universities to carry out the responsibilities of the environmental protection agency for which money may be expended from the fund.
Last updated September 26, 2023 at 5:44 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.61 | Mercury Devices Definitions.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
As used in sections 3734.61 to 3734.65 of the Revised Code:
(A) "Manufacturer" means any person that produces a mercury-containing thermometer or serves as an importer or domestic distributor of a mercury-containing thermometer that is produced outside the United States. In the case of a multicomponent mercury-containing thermometer, "manufacturer" means the last manufacturer to produce or assemble the thermometer unless the multicomponent mercury-containing thermometer is produced outside the United States, in which case "manufacturer" means the importer or domestic distributor.
(B) "Mercury" means elemental mercury and mercury compounds.
(C) "Mercury-added measuring device" means an instrument containing mercury that is designed to measure an amount or quantity of humidity, pressure, temperature, or vacuum or the force of wind, including, but not limited to, anemometers, barometers, flow meters, hydrometers, hygrometers, manometers, sphygmomanometers, and thermometers.
(D) "Mercury-added novelty" means a product in which mercury is present and that is intended mainly for personal or household enjoyment or adornment, including, but not limited to, products intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, footwear, other items of apparel, or similar products. "Mercury-added novelty" does not include a product that solely includes a fluorescent light bulb.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.62 | Purchase of Mercury-Added Measuring Device for Classroom Use.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
On and after April 6, 2007, no school district or educational service center established under Chapter 3311. of the Revised Code, community school established under Chapter 3314. of the Revised Code, or nonpublic school for which the director of education and workforce prescribes standards under section 3301.07 of the Revised Code and no employee of such a school district, educational service center, community school, or nonpublic school shall purchase mercury or a mercury-added measuring device for classroom use.
If a school district, educational service center, community school, or nonpublic school or an employee of a school district, educational service center, community school, or nonpublic school purchases mercury or a mercury-added measuring device for classroom use on or after April 6, 2007, in violation of this section, but properly recycles or disposes of the mercury or mercury-added measuring device upon learning of or being informed of the violation and creates and implements a mercury reduction plan, the director of environmental protection shall consider the recycling or disposal of the mercury or mercury-added measuring device and the implementation of and compliance with the mercury reduction plan as mitigating circumstances for purposes of enforcement of a violation of this section.
Last updated September 5, 2023 at 11:01 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.63 | Sale of Mercury-Containing Thermometer for Promotional Purposes.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
(A)(1) Beginning six months after the effective date of this section, and except as otherwise provided in division (A)(2) of this section, no manufacturer shall offer a mercury-containing thermometer for sale or distribute a mercury-containing thermometer for promotional purposes in this state unless the sale or distribution of a mercury-containing thermometer is required in order to comply with federal law, a person demonstrates to the director that a mercury-containing thermometer is the only temperature measuring device that is feasible for a research, quality control, or manufacturing application, or the only component of the thermometer that contains mercury is a button cell battery.
(2) Division (A)(1) of this section does not apply to the sale of a mercury-containing thermometer to a person who purchases a mercury-containing thermometer pursuant to a valid prescription.
(B) Beginning six months after the effective date of this section, a manufacturer of a mercury-containing thermometer that lawfully offers for sale or distributes such a thermometer in this state shall do both of the following:
(1) Provide notice in a conspicuous manner on the packaging of the thermometer that the thermometer contains mercury;
(2) Provide clear instructions with the thermometer regarding careful handling of the thermometer to avoid breakage, proper cleanup of mercury if the thermometer breaks, and proper management and disposal of the thermometer.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.64 | Sale of Mercury-Added Novelty for Promotional Purposes.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
Beginning six months after the effective date of this section, no person shall offer a mercury-added novelty for sale or distribute such a novelty for promotional purposes in this state unless the only mercury in the mercury-added novelty is a removable button cell battery. Beginning January 1, 2011, no person shall offer any mercury-added novelty for sale or distribute any mercury-added novelty for promotional purposes in this state.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3734 | Solid and Hazardous Wastes › Section 3734.65 | Sale or Installation of Mercury-Containing Thermostat.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
Beginning one year after the effective date of this section, no person shall offer a mercury-containing thermostat for sale in this state or install a mercury-containing thermostat in this state unless the mercury-containing thermostat is installed in the residence of a visually impaired person or the thermostat is used to sense and control temperatures as a part of a manufacturing process.