3745-34-63 Class I annual permit fee; fee per ton of waste injected.

(A) The owner of a class I injection well for which the director has issued a permit or renewal of a permit for the disposal of any hazardous waste identified in or listed under section 3734.12 of the Revised Code or the rules adopted thereunder, and that waste is generated on the premises where the injection well is located shall pay an annual permit fee of thirty thousand dollars. Said fee shall be payable by certified check drawn to the "Director of Environmental Protection - Underground Injection Control Fund," within thirty days of the issuance of a permit or renewal of a permit, and annually thereafter during the term of the permit or renewal of the permit. Annual payment shall be tendered within thirty days prior to the anniversary date of the issuance of the permit or renewal of the permit. Failure to timely remit the annual permit fee shall be a violation of the permit or renewal of the permit, this rule, and section 6111.046 of the Revised Code.

(B) The owner of a class I injection well for which the director has issued a permit or renewal of a permit for the injection of any waste other than that identified in paragraph (A) of this rule, shall pay an annual permit fee of twelve thousand five hundred dollars. Said fee shall be payable by certified check drawn to the "Director of Environmental Protection - Underground Injection Control Fund," within thirty days of the issuance of a permit or renewal of a permit, and annually thereafter during the term of the permit or renewal of the permit. Annual payment shall be tendered within thirty days prior to the anniversary date of the issuance of the permit or renewal of the permit. Failure to timely remit the annual permit fee shall be a violation of the permit or renewal of the permit, this rule and section 6111.046 of the Revised Code.

(C) The owner of each class I injection facility shall act as trustee for the state of Ohio and collect a fee of one dollar per ton of industrial waste or other waste, to a maximum of twenty-five thousand dollars per year, irrespective of the number of wells at that facility. The owner or operator shall maintain appropriate records of the amount of waste injected at the facility. The owner or operator shall remit said fees payable by certified check drawn to the "Director of Environmental Protection - Underground Injection Control Fund" within thirty days prior to the anniversary date of the permit or renewal of the permit. For facilities where multiple permits are held, for purposes of this fee, the anniversary date shall be the date of issuance of the permit or the renewal of the permit closest to January first of the year of issuance. A penalty of ten per cent of the amount of the fee shall be assessed for each month of late payment. Failure to remit the appropriate fee shall be a violation of the permit or renewal of the permit, this rule and section 6111.047 of the Revised Code.

(1) This fee does not apply to the owner of any well injecting hazardous waste as identified or listed under section 3734.12 of the Revised Code or the rules adopted thereunder.

(2) This fee does not apply to the owner of an existing well that disposes of naturally occurring formation fluids extracted during salt mining processes by injection into a zone consisting of the Oriskany sandstone at depths of not more than one thousand five hundred feet.

(D) Pursuant to section 6111.046 of the Revised Code, on or about July first of each year, the director shall request, in writing, that the office of budget and management transfer fifteen per cent of the money in the "Underground Injection Control Fund" to the "Injection Well Review Fund" created in section 1501.022 of the Revised CFode.

Replaces: Part of 3745-34-16

R.C. 119.032 review dates: 04/24/2014 and 04/24/2019
Promulgated Under: 119.03
Statutory Authority: 6111.043
Rule Amplifies: 6111.043
Prior Effective Dates: 07/25/84, 09/15/92, 01/24/00, 10/17/03