Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-28 - Solid Waste Disposal Fees › Section 3745-28-07 - Infectious waste host fees

Current through all regulations passed
			 and filed through July 1, 2024
(A) A municipal corporation or township in
			 which an off-site infectious waste treatment facility or an off-site solid
			 waste incinerator which also treats infectious wastes is located may levy an
			 infectious waste host fee of not more than five dollars per ton on the
			 treatment of infectious wastes at an off-site infectious waste treatment
			 facility or an off-site solid waste incinerator which also treats infectious
			 wastes located within the boundaries of the municipal corporation or township
			 regardless of where the wastes were generated. The legislative authority of a
			 municipal corporation or township may levy infectious waste host fees under
			 this paragraph by enacting an ordinance or adopting a resolution establishing
			 the amount of infectious waste host fees. Upon so doing, the legislative
			 authority shall mail a  copy of
			 the ordinance or resolution by certified mail or any
			 other form of mail accompanied by a receipt to the director, the board of
			 health of the health district having jurisdiction within the municipal
			 corporation or township, and the owner or operator of each treatment facility
			 located in the municipal corporation or township.
(B) If a township or municipal corporation
			 has enacted an ordinance or adopted a resolution levying infectious waste host
			 fees on the off-site treatment of infectious wastes as authorized by section
			 3734.024
			 of the Revised Code, then the owner or operator of the off-site infectious
			 waste treatment facility or off-site solid waste incinerator which also treats
			 infectious wastes shall, as a trustee of the township or municipal corporation,
			 commence collection of the fee on the sixtieth day after the effective date of
			 the ordinance or adoption of the resolution.
(C) The owner or operator of an off-site
			 infectious waste treatment facility or an offsite solid waste incinerator which
			 also treats infectious wastes shall prepare and file monthly infectious waste
			 host fee returns with the treasurer or with the clerk. These infectious waste
			 host fee returns shall indicate, at a minimum, the total tonnage of infectious
			 wastes treated at a facility and the total amount of infectious waste host fees
			 collected under section
			 3734.024
			 of the Revised Code. Monthly infectious waste host fee returns shall be filed
			 on a form prescribed by the municipal corporation or township. Not later than
			 sixty days after the end of the month to which such a return applies, the owner
			 or operator shall remit to the treasurer or to the clerk the return for that
			 month together with the infectious waste host fees that were required to be
			 levied on all infectious waste treated during the month as indicated on the
			 infectious waste host fee return. All infectious waste host fee returns shall
			 be notarized.
If the infectious waste host fee return and infectious waste
				host fees are not remitted within sixty days of the last day of the month to
				which the return applies, the owner or operator shall pay an additional fifty
				percent of the amount of the infectious waste host fees for each month or
				fraction thereof that the fees were late. The late fee shall continue to accrue
				each month until the infectious waste host fees are remitted. The late fee
				shall be calculated using the following formula: total late fee due = (amount
				of infectious waste host fees that are late) x (.5) x (number of months that
				the infectious waste host fees are late, expressed as a whole number or
				fraction).
(D) Moneys
			 received by the treasurer shall be paid into the general fund of the municipal
			 corporation. Moneys received by the clerk shall be paid into the general fund
			 of the township. The treasurer or the clerk, as appropriate, shall maintain
			 separate records of the moneys received from the infectious waste host fees
			 levied under this rule.
(E) Moneys
			 collected under this rule shall be used exclusively for the following purposes:
(1) Providing financial assistance to the
			 board of health of the health district having jurisdiction within the municipal
			 corporation or township for the enforcement of the infectious waste provisions
			 of Chapter 3734. of the Revised Code and rules, orders, and terms and
			 conditions of permits and licenses adopted or issued thereunder.
(2) Providing local emergency response
			 services in connection with such a facility and the transportation of
			 infectious wastes to such a facility.
(3) Providing funding to a municipal
			 corporation or township for conducting environmental monitoring programs in
			 connection with off-site infectious waste treatment facilities located within
			 the municipal corporation or township.