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Title 37 | Health-Safety-Morals
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Section 3714.01 | Construction and demolition debris definitions.

...As used in this chapter: "Board of health" means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code. "Closure" means either the time at which a construction and demolition debris facility will no longer accept construction and demolition debris for disposal or the effective date of an order...

Section 3714.02 | Rules governing construction and demolition debris facilities.

... The director of environmental protection shall adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code governing construction and demolition debris facilities and the inspection of and issuance of permits to install and licenses for those facilities. The rules shall ensure that the facilities will not create a nuisance, fire hazard, or health hazard or cause or contribute to air o...

Section 3714.021 | Removal of construction wastes and demolition debris.

...(A) As used in this section, "working face" means the portion of a construction and demolition debris facility where construction and demolition debris is placed for final disposal. (B) The owner or operator of a construction and demolition debris facility that is licensed under this chapter shall attempt to remove all solid wastes from construction and demolition debris prior to the disposal of the construction and...

Section 3714.022 | Rules governing processing facilities and inspection and issuance of permits.

... (A) The director of environmental protection shall adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code governing processing facilities and the inspection of and issuance of permits to install and licenses for those facilities. The rules shall ensure that the facilities will not create a nuisance, fire hazard, or health hazard or cause or contribute to air or water pollution. ...

Section 3714.03 | License for new facility may not be used due to location.

... (A) As used in this section: (1) "Aquifer system" means one or more geologic units or formations that are wholly or partially saturated with water and are capable of storing, transmitting, and yielding significant amounts of water to wells or springs. (2) "Category 3 wetland" means a wetland that supports superior habitat or hydrological or recreational functions as determined by an appropriate wetland evaluat...

Section 3714.04 | Granting of exemption where disposal of debris is unlikely to have adverse effects - exception.

... (A) Subject to division (B) of this section, the director of environmental protection or the board of health having territorial jurisdiction may by order exempt any person disposing of or proposing to dispose of construction and demolition debris in such quantities or under such circumstances that, in the determination of the director or board of health, are unlikely to adversely affect the public health or safety o...

Section 3714.05 | Program to provide for inspection, licensing, and enforcement of standards governing facilities.

...The board of health of each health district maintaining a program on the approved list under section 3714.09 of the Revised Code shall provide for the issuance of permits to install for and the inspection of, licensing of, and enforcement of standards governing construction and demolition debris facilities under this chapter and rules adopted under it. The director of environmental protection shall provide for the is...

Section 3714.051 | Program for issuance of permits to install for new facilities.

...(A)(1) Not later than one hundred eighty days after December 22, 2005, and in accordance with rules adopted under section 3714.02 of the Revised Code, the director of environmental protection shall establish a program for the issuance of permits to install for new construction and demolition debris facilities. (2) On and after December 22, 2005, no person shall establish a new construction and demolition debris faci...

Section 3714.052 | Contents of application for permit to install new facility.

...(A) An application for a permit to install a new construction and demolition debris facility that is submitted under section 3714.051 of the Revised Code shall include all of the following: (1) A listing of all construction and demolition debris facilities or other waste disposal facilities that the owner or operator of the proposed new construction and demolition debris facility or a key employee of the owner or op...

Section 3714.053 | Public hearing on application for permit to install new facility.

...Not later than sixty days after the director of environmental protection or a board of health, as applicable, receives an application for a permit to install a new construction and demolition debris facility, the applicant shall hold a public hearing in the township or municipal corporation in which the facility or proposed facility is or is to be located. At least thirty days prior to the public hearing, the applica...

Section 3714.06 | Application for installation and operation license - issuance.

...(A)(1) No person shall operate or maintain a construction and demolition debris facility or processing facility without an annual construction and demolition debris facility or processing facility operation license issued by either of the following: (a) The board of health of the health district in which the facility or processing facility is located; (b) The director of environmental protection if the facility or...

Section 3714.061 | Applicant for permit to operate facility to submit plans.

...(A) A person who submits an application under section 3714.06 of the Revised Code for a license to operate a construction and demolition debris facility shall submit with the application the plans for the operation of the facility that are required in rules adopted under division (G) of section 3714.02 of the Revised Code. In addition, the owner or operator of the facility shall submit any necessary updates to the pl...

Section 3714.062 | Program for certification of facility operators.

... (A) The director of environmental protection, in consultation with boards of health and a statewide association representing construction and demolition debris facilities and processing facilities, shall establish a program for the certification of operators of construction and demolition debris facilities and processing facilities and shall establish continuing education training requirements for those operators a...

Section 3714.07 | Administration fee levied on disposal of construction and demolition debris.

... (A)(1) For the purpose of assisting boards of health and the environmental protection agency in administering and enforcing this chapter and rules adopted under it, there is hereby levied a fee of thirty cents per cubic yard or sixty cents per ton, as applicable, on both of the following: (a) The disposal of construction and demolition debris at a construction and demolition debris facility that is licensed under ...

Section 3714.071 | Additional fee for ground water monitoring.

... (A) For the purpose of funding and conducting ground water monitoring at construction and demolition debris facilities by boards of health of health districts that are on the approved list under section 3714.09 of the Revised Code and the director of environmental protection, the director may adopt rules under Chapter 119. of the Revised Code for the purpose of levying a fee of not more than five cents per cubic yar...

Section 3714.072 | Ground water monitoring at construction and demolition debris facility.

... The owner or operator of a construction and demolition debris facility that is licensed under this chapter shall allow a board of health or the director of environmental protection, as applicable, to conduct ground water monitoring at the facility to detect negative impacts to ground water quality as provided in section 3714.071 of the Revised Code unless the director determines that it is unlikely that a negative i...

Section 3714.073 | Fee for disposal of debris - collection - disposition.

... (A) In addition to the fee levied under division (A)(1) of section 3714.07 of the Revised Code, beginning July 1, 2005, there is hereby levied on the disposal of construction and demolition debris at a construction and demolition debris facility that is licensed under this chapter or at a solid waste facility that is licensed under Chapter 3734. of the Revised Code and on the disposal of asbestos or asbestos-contain...

Section 3714.074 | Use of funds to abate abandoned accumulations of construction and demolition debris.

... (A) A board of health may use money in the board's special fund created in section 3714.07 of the Revised Code for the purpose specified in division (B) of this section if both of the following apply: (1) It is the end of the fiscal year. (2) The board determines that it has more money in the fund than is necessary for the board to administer and enforce this chapter and rules adopted under it for the follow...

Section 3714.08 | Annual inspection - investigation of facility.

...(A) At least annually, the board of health of a health district or the director of environmental protection shall cause each construction and demolition debris facility for which the board or the director, as appropriate, issued a license under section 3714.06 of the Revised Code to be inspected and shall cause a record to be made of each inspection. The board or the director shall require each such facility to be in...

Section 3714.081 | Pulverized debris not to be accepted.

...(A) A construction and demolition debris facility shall not accept pulverized debris. (B) The board of health of a health district in which a construction and demolition debris facility is located, the director of environmental protection, or an authorized representative of either may request the removal of pulverized debris that has been brought to the construction and demolition debris facility. A board, the direc...

Section 3714.082 | Certification that transferred material not ineligible.

... (A) Except as provided in division (B) of this section, a construction and demolition debris facility may request a p rocessing facility to certify that material that is transferred from the p rocessing facility to the construction and demolition debris facility is not off-specification material; hazardous waste, solid wastes, or infectious wastes; or low-level radioactive waste whose treatment, recycling, storage, ...

Section 3714.083 | Notice of rejection of ineligible material.

...(A) If the owner or operator of a construction and demolition debris facility rejects a load of debris that has been accepted at the unloading zone of the facility because the load is not eligible for disposal at the facility under this chapter and rules adopted under it, including section 3714.081 of the Revised Code, the owner or operator shall notify the director of environmental protection or a board of health, a...

Section 3714.09 | Health district approved list.

...(A) The director of environmental protection shall place each health district that is on the approved list under division (A) or (B) of section 3734.08 of the Revised Code on the approved list for the purposes of issuing permits to install and licenses under this chapter. Any survey or resurvey of any such health district conducted under section 3734.08 of the Revised Code shall also determine whether there is substa...

Section 3714.10 | Denial, suspension, modification or revocation of license.

...The board of health of the health district in which a construction and demolition debris facility is located or the director of environmental protection may deny, suspend, or revoke a license for the facility under section 3714.06 of the Revised Code for violation of any section of this chapter, a rule adopted under it, or a term or condition of the facility's license. No application for a license to be issued under ...

Section 3714.101 | Sanctions for falsification of information.

...Falsification of any material information that is required to be submitted to a board of health or the director of environmental protection with respect to a permit to install or a license issued under this chapter or an application for such a permit or license, or falsification of any other material information that is required to be submitted to a board or the director under this chapter and rules adopted under it,...