Chapter 3745-502 | Solid Waste Disposal Fees

Rule 3745-502-01 | Solid waste fee - definitions.

• Effective: January 8, 2023
• Promulgated Under: 119.03

If a term used in this chapter is defined in rule 3745-500-02 of the Administrative Code, the definition in rule 3745-500-02 of the Administrative Code is applicable to this chapter unless the term is defined in this rule. As used in this chapter:

(A) [Reserved.]

(B) "Board" means the board of directors of a single county or a joint solid waste management district, the board of county commissioners of a county solid waste management district, or the board of trustees of a solid waste management authority.

(C) "Customer" means a person who contracts with, or utilizes the solid waste services of, the owner or operator of a solid waste transfer or disposal facility or a transporter of solid waste to such a facility.

(D)

(1) "District disposal fee" means a fee levied by a solid waste management district pursuant to division (B) of section 3734.57 of the Revised Code.

(2) "District generation fee" means a fee levied by a solid waste management district pursuant to section 3734.573 of the Revised Code.

(E)

(1) "Environmental protection fee" means a fee levied by the state pursuant to division (A)(3) of section 3734.57 of the Revised Code.

(2) "Excluded waste" means materials that are authorized for diposal at a solid waste landfill and excluded from the definition of solid waste.

(F)

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

(2) "Fiscal officer" means the fiscal officer of a township.

(G) [Reserved.]

(H) "Host community fee" means a municipal corporation or township fee adopted pursuant to division (C) of section 3734.57 of the Revised Code.

(I)

(1) "Incinerator" means any equipment, machine, device, article, contrivance, structure, or part of a structure used to burn solid or infectious wastes to ash.

(2) "Industrial or manufacturing waste" or "IMW" is a type of solid waste and means the following:

(a) Wastes generated by fuel burning operations which are regulated by rule 3745-17-10 of the Administrative Code and which burn as fuel primarily coal including air pollution control wastes, water pollution control wastes, and other wastes with similar characteristics that are approved by the director.

(b) Wastes generated from foundry operations including air pollution control dust, water pollution control wastes, unspent foundry sand, spent foundry sand, and other foundry wastes with similar characteristics that are approved by the director.

(c) Wastes generated from pulp and papermaking operations including water pollution control wastes, lime mud, lime grit, sawdust, wood chips, bark, hydropulper rejects, and other pulp and papermaking wastes with similar characteristics that are approved by the director.

(d) Wastes generated from steelmaking operations including air pollution control dust, water pollution control wastes, dust from steel processing and finishing operations, water softening sludge, flux material, and other steelmaking wastes with similar characteristics that are approved by the director.

(e) Wastes generated from gypsum processing plant operations including gypsum wallboard waste, paper surface preparation dust, water pollution control wastes, and other gypsum processing wastes with similar characteristics that are approved by the director.

(f) Wastes generated from lime processing operations including air pollution control dust or sludge and other lime processing wastes with similar characteristics that are approved by the director.

(g) Wastes generated from portland cement operations including air pollution control dust and other processing wastes with similar characteristics that are approved by the director.

(h) Wastes generated by manufacturing or industrial operations, other than those listed in paragraphs (I)(2)(a) to (I)(2)(g) of this rule. These solid wastes do not include solid waste generated by commercial operations including stores, offices, restaurants, and warehouses; agricultural operations; or community operations including residents, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

(J) [Reserved.]

(K) [Reserved.]

(L) "Load" means the waste that is transported in and on a single delivery vehicle including but not limited to a truck, an individual rail car, an individual roll-off container, and an individual transfer trailer.

(M) "Municipal solid waste" is a type of solid waste generated from community, commercial, and agricultural operations, including but not limited to the following:

(1) Solid waste generated by community operations including wastes derived from single and multiple household residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

(2) Solid waste generated by commercial operations including stores, offices, restaurants, warehouses, and other non-manufacturing activities.

(3) Solid waste generated from agricultural operations including single-family and commercial farms, greenhouses, and nurseries.

(4) Sludge from municipal, commercial, or industrial waste water treatment plants, water treatment plants, and air pollution control facilities that is co-disposed with wastes specified in paragraph (M)(1), (M)(2), (M)(3), or (M)(5) of this rule in a sanitary landfill facility.

(5) Fly ash and bottom ash generated from the incineration of municipal solid waste provided the fly ash and bottom ash are not regulated as hazardous wastes.

(N) [Reserved.]

(O) [Reserved.]

(P) [Reserved.]

(Q) [Reserved.]

(R) "Reuse" means taking an object or material that would otherwise be disposed and using it for its original purpose or a similar purpose, without converting the object or material. "Reuse" does not include using an object or material as fill. "Reuse" is not recycling, storage, disposal, or transfer.

(S)

(1) "Sanitary landfill facility" or "solid waste landfill" means an engineered facility where the final deposition of solid waste on or into the ground is practiced in accordance with Chapter 3734. of the Revised Code and rules adopted thereunder, and includes the units within the limits of waste placement, all groundwater monitoring and control system structures, buildings, explosive gas monitoring, control, and extraction system structures, surface water run-on and runoff control structures, sedimentation ponds, liner systems, and leachate management system structures. The sanitary landfill facility includes all portions of the facility described above and those areas within three hundred feet of the limits of waste placement unless an alternate setback is deemed acceptable by the director. If the owner or operator has not obtained approval of a permit to install, which delineates the setback from the limits of waste placement, submitted in accordance with section 3734.05 of the Revised Code, the sanitary landfill facility includes all portions of the facility described above and those areas within three hundred feet of the limits of waste placement unless the property line of the facility is less than three hundred feet from the limits of waste placement, in which case the sanitary landfill facility includes those areas within the property line.

(2) "Scrap tire recovery facility" means any site, location, tract of land, installation, or building that is used or intended to be used for the processing of scrap tires for the purpose of extracting or producing usable products, materials, or energy from the scrap tires. Processing includes but is not limited to: a controlled combustion process, mechanical process, thermal process, or chemical process that uses whole, split, or shredded scrap tires as a raw material. Scrap tire recovery facility includes any facility that uses the controlled combustion of scrap tires in a manufacturing process to produce process heat or steam or any facility that produces usable heat or electric power through the controlled combustion of scrap tires in combination with another fuel.

(3) "Solid waste energy recovery facility" means any site location, tract of land, installation, or building where mixed solid waste or select solid waste streams, including scrap tires, is used as or intends to be used as fuel to produce energy, heat, or steam. A solid waste energy recovery facility includes the waste handling area, and the energy recovery unit and associated equipment.

[Comment: A "solid waste energy recovery facility", which exclusively uses scrap tires and other approved rubber waste as fuel, may be regulated as a "scrap tire recovery facility."]

(4) "Source separated recyclables" means materials that have been separated from other solid waste at either the point of generation or the point of collection for the purpose of recycling the materials.

(5) "State disposal fee" means a fee levied by the state pursuant to divisions (A)(1) and (A)(2) of section 3734.57 of the Revised Code.

(T) "Treasurer" means the treasurer or such other officer of the municipal corporation as, by virtue of the charter, has the duties of the treasurer.

(U) "Unauthorized wastes" include untreated infectious waste, waste oils, hazardous wastes, yard waste, lead-acid batteries, scrap tires, bulk containerized liquids, and any other materials not authorized for disposal at a solid waste facility.

Last updated January 9, 2023 at 8:52 AM

Supplemental Information

Authorized By: 3734.57
Amplifies: 3734.57
Five Year Review Date: 9/22/2027
Prior Effective Dates: 3/9/1989 (Emer.), 6/12/1989, 3/10/1993

Rule 3745-502-02 | Requirements for collecting, remitting, and reporting state disposal and environmental protection fees.

• Effective: January 8, 2023
• Promulgated Under: 119.03

(A) Applicability. This rule establishes requirements for the owner or operator of a solid waste transfer facility or solid waste landfill regarding collecting, remitting, and reporting state disposal fees levied on the transfer and disposal of solid waste as authorized by division (A) of section 3734.57 of the Revised Code.

(B) General requirements.

(1) As a trustee of the state, the owner or operator of a solid waste landfill or solid waste transfer facility located in this state that first receives the solid waste shall do the following:

(a) Collect state disposal fees on the total inbound tonnage of a load of solid waste in accordance with the schedule levied under division (A) of section 3734.57 of the Revised Code.

(b) Calculate the dollar amount to collect by multiplying the total tonnage of the load of solid waste by the state disposal fees.

(c) Use a conversion factor of three cubic yards per ton of solid waste or one cubic yard per ton for baled waste if scales are not used as the means of determining gate receipts.

(d) Identify waste on a load-by-load basis.

(e) Identify the total tonnage of a load of waste that consists of solid waste commingled with either construction and demolition debris or another excluded waste as a load of solid waste, and collect state disposal fees on the total tonnage of the load.

(f) Record in the daily log the total tonnage of each load of waste received according to the following categories:

(i) Asbestos.

(ii) Construction and demolition debris.

(iii) Industrial or manufacturing waste.

(iv) Excluded waste.

(v) Municipal solid waste.

(vi) Source separated recyclables.

(vii) Alternative daily cover.

[Comment: When a transporter delivers a load of solid waste to a transfer facility and the load is subsequently transferred to a different solid waste transfer facility or to a solid waste landfill, the owner or operator of the first solid waste transfer facility is solely responsible for collecting and remitting the state disposal fees.]

(2) The state disposal fees are in addition to all other applicable fees and taxes and shall be paid as follows:

(a) By the customer or a political subdivision to the owner or operator of a solid waste landfill or solid waste transfer facility.

(b) By the customer or political subdivision to a transporter of waste who subsequently transfers the fees to the owner or operator of a solid waste landfill or solid waste transfer facility.

(c) Notwithstanding a contract between the customer or a political subdivision and the owner or operator of the solid waste landfill or solid waste transfer facility or with a transporter of waste that would not require or allow such payment regardless of whether the contract was entered prior to or after the effective date of this rule.

(C) Identifying waste. The owner or operator of a solid waste landfill or solid waste transfer facility shall obtain the following information regarding each load of waste delivered to a solid waste landfill or solid waste transfer facility:

(1) The type of waste in accordance with paragraph (B)(1)(f) of this rule.

(2) The state and county where the waste originated.

(3) If the load consists of waste that originated in more than one county, an estimate of the percentage of the load that came from each county.

(D) Collecting state disposal fees at a solid waste transfer facility when materials are removed for recycling. The owner or operator of a solid waste transfer facility shall collect the state disposal fees in accordance with one of the following:

(1) On the total tonnage of the load of solid waste received at the solid waste transfer facility in accordance with paragraph (B)(1) of this rule.

(2) On the net tonnage of the load of solid waste after the materials have been removed for recycling and transported from the solid waste transfer facility for disposal at a solid waste landfill.

(E) Collecting state disposal fees on loads of commingled solid waste and construction and demolition debris at a solid waste transfer facility. All waste created by commingling the loads of solid waste and construction and demolition debris shall be considered solid waste.

(1) The owner or operator of a solid waste transfer facility shall do the following:

(a) For loads of solid waste and construction and demolition debris that are commingled prior to receipt at the solid waste transfer facility, collect and remit state disposal fees on the total tonnage of each load.

(b) For segregated loads of solid waste and construction and demolition debris that are received and commingled at the transfer facility prior to transportation to a solid waste landfill, collect and remit the state disposal fees on the total tonnage of commingled loads of solid waste and construction and demolition debris unless the owner or operator has obtained approval in accordance with paragraph (E)(2) of this rule for an alternative method to collect the fees.

(2) The owner or operator of a solid waste transfer facility may submit a request for approval of an alternative method to that specified in paragraph (E)(1)(b) of this rule for collecting state disposal fees on loads of commingled solid waste and construction and demolition debris when those loads are received at a solid waste transfer facility as segregated loads, commingled at the solid waste transfer facility, and subsequently transported to a solid waste disposal facility as commingled waste. The director may approve such a request if the director determines that the owner or operator has demonstrated all of the following:

(a) The solid waste transfer facility where the solid waste and the construction and demolition debris are commingled and the solid waste landfill where the commingled waste is taken for disposal are both located in Ohio and are both owned and operated by the same person.

(b) All commingled solid waste and construction and demolition debris is transported to the solid waste landfill specified in paragraph (E)(2)(a) of this rule.

(c) By the end of each working day all waste that is accepted at the solid waste transfer facility is taken to the solid waste landfill specified in paragraph (E)(2)(a) of this rule.

(d) The daily logs at the solid waste landfill and the solid waste transfer facility are consistent and accurate when reconciled at the end of each working day.

(F) Remitting state fees and returns to the director.

(1) The owner or operator of a solid waste landfill or solid waste transfer facility that is subject to this rule shall do the following:

(a) Prepare and submit a monthly return on a form prescribed by the director that includes at a minimum the following:

(i) The total tonnage of solid waste received at the solid waste landfill or solid waste transfer facility during the month.

(ii) The total amount of applicable state disposal fees to be collected on the solid waste during the month.

(iii) The amount of state disposal fees remitted with the monthly return.

(iv) The total tonnage of solid waste received from solid waste transfer facilities located in Ohio during the month for which state disposal fees apply.

(b) Submit the return not later than thirty days after the last day of the month to which the monthly return applies.

(c) Either mail or electronically transmit to the director the monthly state disposal fee return form for the month and remit the applicable state disposal fees collected pursuant to this rule during that month as indicated on the monthly state disposal fee return form.

(2) If the monthly state disposal fee return established by paragraph (F)(1) of this rule is filed and the total amount of the state disposal fees due is paid in a timely manner as specified in paragraph (F)(1)(b) of this rule, the owner or operator may retain a discount of three-fourths of one per cent of the total amount of state disposal fees that is due to be paid as indicated on the monthly return form.

(G) Extensions and late fees.

(1) The owner or operator of a solid waste landfill or solid waste transfer facility may request an extension of not more than thirty days for filing the state disposal fee return and remitting the state disposal fees. The owner or operator shall submit a request in writing to the director with a detailed description of why the extension is requested. The director may deny a request that is received after the date on which the return is due to be filed. Such an extension is not effective unless the request has been approved by the director in writing.

(2) If the state disposal fees are not remitted as specified in paragraph (F)(1)(b) of this rule or by the last day of an extension approved by the director, the owner or operator of the solid waste landfill or solid waste transfer facility shall do the following:

(a) Not retain the three-fourths of one percent discount provided for in paragraph (F)(2) of this rule.

(b) Pay a late fee of an additional ten per cent of the amount of the state fees for each month or any portion thereof that the state disposal fees are late.

(c) Continue to accrue late fees each month until the total amount of state disposal fees, including late fees, is remitted.

(d) Calculate the late fee using the following formula: total late fee due = (total amount of state disposal fees that are late) x (0.10) x (number of months that the state disposal fees are late expressed as a whole number).

(3) For the purposes of calculating the late fee, the following shall apply:

(a) State disposal fees are late beginning on the first day after the deadline has passed for submitting the state fee return and state disposal fees as specified in paragraph (F)(1)(b) of this rule.

(b) One additional month is counted every thirty days thereafter.

(c) The full amount of the late fee is accrued on the first day of each month that the state disposal fees are late.

(d) The late fee will not be prorated according to the number of days that the state disposal fees are late.

(H) Refunds and credits.

(1) The owner or operator of a solid waste landfill or solid waste transfer facility may request a refund or credit of state disposal fees that were remitted to the director and have not been paid to the owner or operator.

(2) Prior to making a request for a refund or credit, the owner or operator shall make reasonable efforts to collect the applicable state disposal fees.

(3) The owner or operator may make a request for a refund or credit only if all the following criteria have been met:

(a) The state disposal fees have not been collected by the owner or operator.

(b) The state disposal fees have become a debt for the owner or operator that has become worthless or uncollectible for a period of six months or more.

(c) For an owner or operator of a facility that is subject to federal tax reporting requirements, the uncollected state disposal fees may be claimed as a bad debt deduction, including a deduction claimed if the owner or operator keeps accounts on an accrual basis, under the Internal Revenue Code, 68A Stat. 50, 26, U.S.C. 166 and the regulations adopted thereunder.

(4) The owner or operator shall submit a request for a refund or credit in writing on a form prescribed by the director and include the following information:

(a) The name of the debtor.

(b) The date the solid waste was received and upon which the state disposal fees were to be collected by the owner or operator making the request.

(c) The name and address of the solid waste facility where the solid waste upon which the state disposal fees were to be collected was received.

(d) A detailed description of the efforts the owner or operator has taken to collect the state disposal fees including applicable supporting documentation.

(e) The dates and amounts of any payments made on the debt or account.

(f) Copies of invoices or accounts receivable records.

(5) The director will not grant a refund or credit that does the following:

(a) Exceeds an amount equal to ninety days worth of fees owed to the owner or operator by a particular debtor of the owner or operator.

(b) Includes any costs resulting from efforts to collect unpaid state fees.

[Comment: Division (A) of section 3734.57 of the Revised Code limits the director to granting an owner or operator one refund or credit for fees owed by a single debtor in a twelve-month period.]

(6) If, after receiving a refund or credit from the director, the owner or operator receives payment of all or part of the fees, the owner or operator shall remit the fees with the next monthly return along with a written explanation of the reason for the submittal.

(I) Exclusions. The state disposal fees levied in accordance with division (A) of section 3734.57 of the Revised Code do not apply to any of the following:

(1) Solid wastes that are disposed of at a solid waste landfill owned by the generator of the wastes if the solid wastes are exclusively disposed of at a solid waste landfill owned by the generator regardless of whether or not the solid waste landfill is located on a premises where the solid waste is generated.

(2) Solid wastes that are disposed of at solid waste landfills that exclusively dispose of wastes that are generated from the combustion of coal, or from the combustion of primarily coal in conjunction with scrap tires, that is not combined in any way with solid waste at one or more premises owned by the generator.

(3) Sewage sludge that is generated by a wastewater treatment facility holding a national pollution discharge elimination system permit and that is disposed of through incineration, land application, composting, or at another resource recovery or disposal facility that is not a solid waste landfill.

(4) Solid wastes delivered to a solid waste composting facility for processing.

(5) Materials separated from a mixed waste stream for recycling by a generator or materials removed from the solid waste stream as a result of recycling.

(6) Solid waste the director has approved 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.

(7) Asbestos or asbestos-containing materials or products disposed of at a solid waste landfill that is licensed under Chapter 3734. of the Revised Code.

(8) Yard waste delivered to a solid waste transfer facility prior to being delivered to a solid waste composting facility for processing.

(J) The owner or operator of a solid waste landfill or a solid waste transfer facility shall collect state disposal fees as follows:

(1) On loads of fly ash, bottom ash, or other solid waste remaining after burning solid wastes other than scrap tires in an incinerator or solid waste energy recovery facility that are transported off the premises of the incinerator or solid waste energy recovery facility to a solid waste landfill for disposal.

(2) On loads of fly ash, bottom ash, or other solid waste remaining after the processing of scrap tires at a scrap tire recovery facility that are transported off the premises of the scrap tire recovery facility to a solid waste landfill for disposal.

(3) On loads of unprocessed solid waste or compost product that are transported off the premises of a composting facility to either a solid waste landfill or solid waste transfer facility.

Last updated January 9, 2023 at 8:51 AM

Supplemental Information

Authorized By: 3734.57
Amplifies: 3734.57
Five Year Review Date: 9/22/2027
Prior Effective Dates: 12/9/2010

Rule 3745-502-03 | Requirements for collecting, remitting, and reporting solid waste management district disposal and generation fees.

• Effective: January 8, 2023
• Promulgated Under: 119.03

(A) Applicability. This rule establishes requirements for the owner or operator of a solid waste landfill or solid waste transfer facility regarding collecting, remitting, and reporting district disposal fees or a district generation fee levied on the transfer or disposal of solid waste as authorized by division (B) of section 3734.57 of the Revised Code for district disposal fees and section 3734.573 of the Revised Code for district generation fees.

(B) General requirements.

(1) As a trustee for the solid waste management district, the owner or operator of a solid waste landfill or solid waste transfer facility that is subject to this rule pursuant to division (B) of section 3734.57 of the Revised Code or section 3734.573 of the Revised Code shall do the following:

(a) Collect a district generation fee on the total inbound tonnage of a load of solid waste at the solid waste landfill or solid waste transfer facility that initially receives the load of solid waste.

(b) Collect district disposal fees on the total inbound tonnage of a load of solid waste at the solid waste landfill that receives the load of solid waste.

(c) Collect district disposal fees or a district generation fee on the total tonnage of each load of solid waste in accordance with the schedules levied by the solid waste management district.

(d) Calculate the dollar amount to collect by multiplying the total tonnage of the load of solid waste by the district disposal fees or the district generation fee.

(e) Use a conversion factor of three cubic yards per ton of solid waste or one cubic yard per ton for baled waste if scales are not used as the means of determining gate receipts.

(f) Identify waste on a load-by-load basis.

(g) Identify the total tonnage of a load of waste that consists of solid waste commingled with either construction and demolition debris or another excluded waste as a load of solid waste and collect district disposal fees or a district generation fee on the total tonnage of the load.

(h) Record in the daily log the total tonnage of each load of waste received according to the following categories:

(i) Asbestos.

(ii) Construction and demolition debris.

(iii) Industrial or manufacturing waste.

(iv) Excluded waste.

(v) Municipal solid waste.

(vi) Source separated recyclables.

(vii) Alternative daily cover.

[Comment: When a transporter delivers a load of solid waste to a transfer facility and the load is subsequently transferred to a different solid waste transfer facility or to a solid waste landfill, the owner or operator of the first solid waste transfer facility is solely responsible for collecting and remitting the district generation fee.]

(2) The district disposal fees and district generation fee are in addition to all other applicable fees and taxes and shall be paid as follows:

(a) By the customer or a political subdivision to the owner or operator of a solid waste landfill or solid waste transfer facility.

(b) By the customer or political subdivision to a transporter of waste who subsequently transfers the fees to the owner or operator of a solid waste landfill or solid waste transfer facility.

(c) Notwithstanding the existence of any provision in a contract that the customer or a political subdivision may have with the owner or operator of the solid waste landfill or solid waste transfer facility or with a transporter of waste to the solid waste landfill or solid waste transfer facility that would not require or allow such payment.

(C) Identifying waste. The owner or operator of a solid waste landfill or solid waste transfer facility shall obtain the following information regarding each load of waste delivered to a solid waste landfill or solid waste transfer facility:

(1) The type of waste in accordance with paragraph (B)(1)(h) of this rule.

(2) The state and county where the waste originated.

(3) If the load of waste consists of waste that originated in more than one county, reasonably estimate the percentage of the load that came from each county.

(D) Collecting a district generation fee at a solid waste transfer facility when materials are removed for recycling. The owner or operator of a solid waste transfer facility shall collect a district generation fee in accordance with one of the following:

(1) On the total tonnage of the load of solid waste received at the solid waste transfer facility in accordance with paragraph (B)(1) of this rule.

(2) On the net tonnage of the load of solid waste transported from the solid waste transfer facility for disposal at a solid waste landfill.

(E) Collecting district disposal fees or a district generation fee on loads of commingled solid waste and construction and demolition debris at a solid waste transfer facility. All waste created by commingling the loads of solid waste and construction and demolition debris shall be considered solid waste.

(1) The owner or operator of the solid waste transfer facility shall do the following:

(a) For loads of solid waste and construction and demolition debris that are commingled prior to receipt at the solid waste transfer facility, collect and remit district disposal fees or a district generation fee on the total tonnage of each load.

(b) For segregated loads of solid waste and construction and demolition debris that are received and commingled at the transfer facility prior to transportation to a solid waste landfill, collect and remit the district disposal fees or a district generation fee on the total tonnage of commingled loads of solid waste and construction and demolition debris unless the owner or operator has obtained approval in accordance with paragraph (E)(2) of this rule for an alternative method to collect the fees.

(2) The owner or operator of a solid waste transfer facility may submit a request for approval of an alternative method to that specified in paragraph (E)(1)(b) of this rule for collecting district disposal fees or a district generation fee on loads of commingled solid waste and construction and demolition debris when those loads are received at a solid waste transfer facility as segregated loads, commingled at the solid waste transfer facility, and subsequently transported to a solid waste disposal facility as commingled waste. The director may approve such a request if the director determines that the owner or operator has demonstrated the following:

(a) The solid waste transfer facility where the solid waste and the construction and demolition debris are commingled and the solid waste landfill where the commingled waste is taken for disposal are both located in Ohio and are both owned and operated by the same person.

(b) All commingled solid waste and construction and demolition debris is transported to the same solid waste disposal landfill specified in paragraph (E)(2)(b) of this rule.

(c) By the end of each working day, all waste that is accepted at the solid waste transfer facility is taken to the solid waste landfill specified in paragraph (E)(2)(b) of this rule.

(d) The daily logs at both the solid waste landfill and the solid waste transfer facility are consistent and accurate when reconciled at the end of each working day.

(e) The owner or operator of the solid waste transfer facility provides written concurrence from the solid waste management district levying the district disposal fees or a district generation fee for the alternative method specified in paragraph (E)(2) of this rule.

(F) Remitting district disposal fees or a district generation fee and submitting returns to the board. The owner or operator of a solid waste landfill or solid waste transfer facility that is subject to this rule shall do the following:

(1) Prepare and submit a monthly return on a form prescribed by the board that includes at a minimum the following:

(a) The total tonnage of solid waste received at the solid waste landfill or solid waste transfer facility during the month.

(b) The total amount of applicable district disposal fees or district generation fee to be collected on the solid waste during the month.

(c) The total amount of district disposal fees or district generation fee remitted with the return.

(d) The total tonnage of solid waste received from solid waste transfer facilities located in Ohio during the month for which the district generation fee applies.

(2) Submit the return not later than thirty days after the last day of the month to which the monthly return applies.

(3) Either mail or, if acceptable to the board, electronically transmit to the board the monthly district disposal fee or district generation fee return for the month and remit the district disposal fees or district generation fee collected pursuant to this rule during that month as indicated on the monthly district disposal fee and district generation fee return form prescribed by the board.

(G) Extensions and late fees.

(1) The owner or operator of a solid waste landfill or solid waste transfer facility may request an extension of not more than thirty days for filing the district disposal fee and district generation fee return and remitting the district disposal fees or district generation fee. The owner or operator shall submit the request in writing to the board with a detailed description of why the extension is requested. The board may deny a request that is received after the date on which the district disposal fee and district generation fee return is due to be filed. Such an extension is not effective unless the request has been approved by the board in writing.

(2) If the district disposal fees or district generation fee are not remitted as specified in paragraph (F)(2) of this rule or by the last day of an extension approved by the board, the owner or operator of the solid waste landfill or solid waste transfer facility shall do the following:

(a) Pay a late fee of an additional ten per cent of the amount of the district disposal fees or district generation fee for each month or portion thereof that the district disposal fees or district generation fee are late.

(b) Continue to accrue late fees each month until the total amount of district disposal fees or district generation fees, including late fees, are remitted.

(c) Calculate the late fee using the following formula: total late fee due = (total amount of district disposal fees or district generation fee that are late) x (0.10) x (number of months that the district disposal or district generation fee are late, expressed as a whole number).

(3) For the purposes of calculating the late fee, the following shall apply:

(a) The first month in which district disposal fees or district generation fee are late begins on the first day after the deadline has passed for timely submitting the district disposal fee and district generation fee return and the district disposal fees or district generation fee as specified in paragraph (F)(2) of this rule.

(b) One additional month is counted every thirty days thereafter.

(c) The full amount of the late fee is accrued on the first day of each month that the district disposal fees or district generation fees are late.

(d) The late fee will not be prorated according to the number of days that the district disposal fees or district generation fees are late.

(H) Exclusions.

(1) The district disposal fees and district generation fee do not apply to any of the following:

(a) Solid wastes that are disposed of at a solid waste landfill owned by the generator of the wastes if the solid wastes are exclusively disposed of at a solid waste landfill owned by the generator regardless of whether or not the solid waste landfill is located on a premises where the solid waste is generated.

(b) Solid wastes that are disposed of at a solid waste landfill that exclusively dispose of wastes that are generated from the combustion of coal, or from the combustion of primarily coal in combination with scrap tires, that is not combined in any way with solid waste at one or more premises owned by the generator.

(c) Sewage sludge that is generated by a wastewater treatment facility holding a national pollution discharge elimination system permit and that is disposed of through incineration, land application, composting, or at another resource recovery or disposal facility that is not a solid waste landfill.

(d) Solid wastes delivered to a solid waste composting facility for processing.

(e) Materials separated from a mixed waste stream for recycling by a generator or materials removed from the solid waste stream as a result of recycling.

(f) Solid waste the director has approved 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.

(g) Asbestos or asbestos-containing materials or products disposed of at a solid waste landfill that is licensed under Chapter 3734. of the Revised Code.

(2) A district generation fee levied in accordance with section 3734.573 of the Revised Code does not apply to yard waste delivered to a solid waste transfer facility prior to being delivered to a solid waste composting facility for processing.

(I) The owner or operator of a solid waste landfill or solid waste transfer facility shall collect district disposal fees or a district generation fee as follows:

(1) Collect district disposal fees on loads of fly ash, bottom ash, or other solid waste remaining after burning solid wastes other than scrap tires in an incinerator or solid waste energy recovery facility that are transported off the premises of the incinerator or solid waste energy recovery facility to a solid waste landfill for disposal.

(2) Collect district disposal fees on loads of fly ash, bottom ash, or other solid wastes remaining after the processing of scrap tires at a scrap tire recovery facility that are transported off the premises of the scrap tire recovery facility to a solid waste landfill for disposal.

(3) Collect district disposal fees or a district generation fee on loads of unprocessed solid waste or compost product that are transported off the premises of a composting facility to either a solid waste landfill or solid waste transfer facility.

(4) Collect a district generation fee on loads of solid waste delivered to a solid waste transfer facility prior to being burned in an incinerator or energy recovery facility.

(5) Collect a district generation fee on loads of solid waste delivered to an incinerator or energy recovery facility without first being accepted at a solid waste transfer facility.

(6) Except as provided in section 3734.571 of the Revised Code, collect district disposal fees on loads of solid waste originating outside the boundaries of a solid waste management district that is covered by an agreement for the joint use of a solid waste landfill entered into under section 343.02 of the Revised Code by the board of the solid waste management district where the wastes are generated or disposed.

Last updated January 9, 2023 at 8:52 AM

Supplemental Information

Authorized By: 3734.57, 3734.573
Amplifies: 3734.57, 3734.573
Five Year Review Date: 9/22/2027
Prior Effective Dates: 6/12/1989

Rule 3745-502-04 | Requirements for collecting, remitting, and reporting host community fees.

• Effective: January 8, 2023
• Promulgated Under: 119.03

(A) Applicability. This rule establishes the requirements for the owner or operator of a solid waste landfill regarding collecting, remitting, and reporting host community fees levied on the disposal of solid waste as authorized by division (C) of section 3734.57 of the Revised Code.

(B) General requirements.

(1) As a trustee of a municipal corporation or township, the owner or operator of a solid waste landfill located within the boundaries of a township or municipal corporation that levies a host community fee shall do the following:

(a) For loads of solid waste delivered to the solid waste landfill from a solid waste transfer facility, collect the host community fee on each load of solid waste transported off the premises of the solid waste transfer facility and delivered to the solid waste landfill for disposal.

(b) Collect the host community fee on the total tonnage of each load of solid waste received at the solid waste landfill in accordance with the schedule levied under division (C) of section 3734.57 of the Revised Code.

(c) Calculate the dollar amount to collect by multiplying the total tonnage of the load of solid waste by the host community fee.

(d) If the municipal corporation or township, in its ordinance or resolution levying the host community fee, directs the host community fee be levied on the basis of cubic yards as the unit of measurement, use a conversion factor of three cubic yards per ton of solid waste or one cubic yard per ton for baled solid waste.

(e) Identify waste on a load-by-load basis.

(f) Identify the total tonnage of a load of waste that consists of solid waste commingled with either construction and demolition debris or another excluded waste as a load of solid waste and collect the host community fee on the total tonnage of the load.

(g) Record in the daily log the total tonnage of each load of waste received according to the following categories:

(i) Asbestos.

(ii) Construction and demolition debris.

(iii) Industrial or manufacturing waste.

(iv) Excluded waste.

(v) Municipal solid waste.

(vi) Source separated recyclables.

(vii) Alternative daily cover.

(2) The host community fee is in addition to all other applicable fees and taxes and shall be paid as follows:

(a) By the customer or a political subdivision to the owner or operator of a solid waste landfill.

(b) By the customer or political subdivision to a transporter of waste who subsequently transfers the fees to the owner or operator of a solid waste landfill.

(c) Notwithstanding a contract between the customer or a political subdivision and the owner or operator of the solid waste landfill or with a transporter of waste that would not require or allow such payment regardless of whether the contract was entered prior to or after the effective date of this rule.

(C) Identifying waste. The owner or operator of a solid waste landfill shall obtain the following information regarding each load of waste delivered to a solid waste landfill:

(1) The type of waste in accordance with paragraph (B)(1)(g) of this rule.

(2) The state and county where the waste originated.

(3) If the load consists of waste that originated in more than one county, an estimate of the percentage of the load that came from each county.

(D) Remitting host community fees and returns to the treasurer or fiscal officer. The owner or operator of a solid waste landfill that is subject to this rule shall do the following:

(1) Prepare and submit a monthly return on a form prescribed by the municipal corporation or township that includes at a minimum the following:

(a) The total tonnage of solid waste received at the solid waste landfill during the month.

(b) The total amount of host community fees to be collected on the solid waste during the month.

(c) The total amount of host community fees remitted with the return.

(2) Submit the return and host community fees not later than thirty days after the last day of the month to which the monthly return applies.

(3) Either mail or, if acceptable to the treasurer or fiscal officer, electronically transmit to the treasurer or fiscal officer the monthly host community fee return form for the month and remit the host community fees collected pursuant to this rule during that month as indicated on the monthly host community fee return form.

(E) Extensions and late fees.

(1) The owner or operator of a solid waste landfill may request an extension of not more than thirty days for filing the host community fee return and remitting the host community fees. The owner or operator shall submit a request in writing to the treasurer or the fiscal officer with a detailed description of why the extension is requested. The treasurer or fiscal officer may deny a request that is received after the day the host community fee return is due to be filed. Such an extension is not effective unless the request is approved by the treasurer or fiscal officer in writing.

(2) If the host community fees are not remitted as specified in paragraph (D)(2) of this rule or by the last day of an extension approved by the treasurer or the fiscal officer, the owner or operator of the solid waste landfill shall do the following:

(a) Pay a late fee of an additional ten percent of the amount of the host community fees for each month or portion thereof that the host community fees are late.

(b) Continue to accrue late fees each month until the total amount of host community fees, including late fees, is remitted.

(c) Calculate the late fee using the following formula: total late fee due = (total amount of host community fees that are late) x (0.10) x (number of months that the host community fees are late expressed as a whole number).

(3) For the purposes of calculating the late fee, the following apply:

(a) The first month in which host community fees are late begins on the first day after the deadline has passed for timely submitting the monthly host community fee return and host community fees as specified in paragraph (D)(2) of this rule.

(b) One additional month is counted every thirty days thereafter.

(c) The full amount of the late fee is accrued on the first day of each month that the host community fees are late.

(d) The late fee will not be prorated according to the number of days that the host community fees are late.

(F) Exclusions. A host community fee levied in accordance with division (C) of section 3734.57 of the Revised Code does not apply to the following:

(1) Solid wastes that are disposed of at a solid waste landfill owned by the generator of the wastes if the solid wastes are exclusively disposed at a solid waste landfill owned by the generator regardless of whether or not the solid waste landfill is located on a premises where the solid waste is generated.

(2) Solid wastes that are disposed of at a solid waste landfill that exclusively dispose of wastes that are generated from the combustion of coal, or from the combustion of primarily coal in conjunction with scrap tires, that is not combined in any way with solid waste at one or more premises owned by the generator.

(3) Sewage sludge that is generated by a wastewater treatment facility holding a national pollution discharge elimination system permit and that is disposed of through incineration, land application, composting, or at another resource recovery or disposal facility that is not a solid waste landfill.

(4) Solid wastes delivered to a solid waste composting facility for processing.

(5) Materials separated from a mixed waste stream for recycling by a generator or materials removed from the solid waste stream as a result of recycling.

(6) Solid waste the director has approved 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.

(7) Asbestos or asbestos-containing materials or products disposed of at a solid waste landfill that is licensed under Chapter 3734. of the Revised Code.

(G) The owner or operator of a solid waste landfill shall collect the host community fee as follows:

(1) On loads of fly ash, bottom ash, or other solid waste remaining after burning solid wastes other than scrap tires in an incinerator or solid waste energy recovery facility that are transported off the premises of the incinerator or solid waste energy recovery facility to a solid waste landfill for disposal.

(2) On loads of fly ash, bottom ash, or other solid waste remaining after the processing of scrap tires at a scrap tire recovery facility that are transported off the premises of the scrap tire recovery facility to a solid waste landfill for disposal.

(3) On loads of unprocessed solid waste or compost product that are transported off the premises of a composting facility to a solid waste landfill.

(H) Establishing host community fees at a solid waste landfill located in more than one municipal corporation or township. If a solid waste landfill is located in more than one municipal corporation or township, then each municipal corporation and township may adopt a host community fee. The total of the host community fees adopted by all townships and municipal corporations shall equal no more than twenty-five cents per ton in accordance with one of the following:

(1) Twenty-five cents per ton divided by the number of townships and municipalities in which the facility is located.

(2) Twenty-five cents per ton times the fraction of the land area of the facility located within the township or municipal corporation. The owner or operator of a solid waste landfill shall cooperate fully with the municipal corporation or township to establish the value of the fractions.

Last updated January 9, 2023 at 8:53 AM

Supplemental Information

Authorized By: 3734.57
Amplifies: 3734.57
Five Year Review Date: 9/22/2027
Prior Effective Dates: 12/9/2010

Rule 3745-502-05 | Construction and demolition debris disposal fee at municipal solid waste facility - multiple townships or municipal corporations.

• Effective: March 9, 2009
• Promulgated Under: 119.03

For the fee levied under division (A) of section 3714.07 of the Revised Code:

(A) If a solid waste facility is located within the territorial boundaries of more than one municipal corporation or township, each municipal corporation or township may appropriate up to four cents per cubic yard or up to eight cents per ton of the disposal fee divided by the number of municipal corporations and townships within which the facility is located.

(B) The municipal corporation or township may appropriate this fee for the same purposes that a municipal corporation or township may levy a fee under division (C) of section 3734.57 of the Revised Code.

Last updated October 6, 2023 at 10:58 AM

Supplemental Information

Authorized By: 3714.07
Amplifies: 3714.07
Five Year Review Date: 9/22/2027