(A) Definition of waste.
(1) The term "waste," as used in this chapter, includes, but is not restricted to, industrial, commercial, and residential garbage, cesspool or septic tank cleanings, and any commodity or substance discarded by the owner thereof with the purpose of abandonment. "Waste" is not included in the term "property" as used in Chapters 4921. and 4923. of the Revised Code when defining transportation for hire subject to regulation by the commission.
(2) The term "waste" does not include industrial or commercial scrap or by-products transported for recycling, reclamation, or reuse in any form where the shipper retains an interest or title in the property.
(B) Transportation of waste.
The transportation of waste as defined in paragraph (A)(1)_of this rule is not subject to regulation by the commission.
(C) Transportation of valuable scrap or by-products.
The for-hire transportation of commodities or substances of the types described in paragraph (A)(2) of this rule is subject to the criteria established by law for obtaining a certificate of public convenience and necessity.
(D) Safety regulation of waste transportation.
Nothing in this rule shall exempt from safety regulation by the commission the transportation of waste by common, contract, or private carriage.
R.C. 119.032 review dates: 11/27/2009 and 05/31/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04
Rule Amplifies: 4921.04, 4923.03, 4923.20
Prior Effective Dates: 6/1/78, 3/1/81, 5/16, 81, 12/25/87