As Introduced
136th General Assembly
Regular Session S. B. No. 147
2025-2026
Senator Reineke
To amend sections 343.01 , 343.011, 343.012,
343.022, 343.08, 3714.07, 3714.073, 3734.521,
3734.53, 3734.56, 3734.57, and 3734.574 and to
enact section 3734.522 of the Revised Code to
make changes to the laws governing the transfer
and disposal of solid waste and construction and
demolition debris and to provide for new
procedures governing a county's withdrawal from
a joint solid waste management district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 343.01 , 343.011, 343.012,
343.022, 343.08, 3714.07, 3714.073, 3734.521, 3734.53, 3734.56,
3734.57, and 3734.574 be amended and section 3734.522 of the
Revised Code be enacted to read as follows:
Sec. 343.01. (A) In order to comply with division (B) of
section 3734.52 of the Revised Code, the board of county
commissioners of each county shall do one of the following:
(1) Establish, by resolution, and maintain a county solid
waste management district under this chapter that consists of
all the incorporated and unincorporated territory within the
county except as otherwise provided in division (A) of this
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section;
(2) With the boards of county commissioners of one or more
other counties establish, by agreement, and maintain a joint
solid waste management district under this chapter that consists
of all the incorporated and unincorporated territory within the
counties forming the joint district except as otherwise provided
in division (A) of this section.
If a municipal corporation is located in more than one
solid waste management district, the entire municipal
corporation shall be considered to be included in and shall be
under the jurisdiction of the district in which a majority of
the population of the municipal corporation resides.
A county and joint district established to comply with
division (B) of section 3734.52 of the Revised Code shall have a
population of not less than one hundred twenty thousand unless,
in the instance of a county district, the board of county
commissioners has obtained an exemption from that requirement
under division (C)(1) or (2) of that section. Each joint
district established to comply with an order issued under
division (D) of that section shall have a population of at least
one hundred twenty thousand.
(B) The boards of county commissioners of the counties
establishing a joint district constitute, collectively, the
board of directors of the joint district, except that if a
county with a form of legislative authority other than a board
of county commissioners participates, it shall be represented on
the board of directors by three persons appointed by the
legislative authority.
The agreement to establish and maintain a joint district
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shall be ratified by resolution of the board of county
commissioners of each participating county. Upon ratification,
the board of directors shall take control of and manage the
joint district subject to this chapter, except that, in the case
of a joint district formed pursuant to division (C)(B), (D)(C),
or (E) (D) of section 343.012 of the Revised Code, the board of
directors shall take control of and manage the district when the
formation of the district becomes final under the applicable
division. A majority of the board of directors constitutes a
quorum, and a majority vote is required for the board to act.
A county participating in a joint district may contribute
lands or rights or interests therein, money, other personal
property or rights or interests therein, or services to the
district. The agreement shall specify any contributions of
participating counties and the rights of the participating
counties in lands or personal property, or rights or interests
therein, contributed to or otherwise acquired by the joint
district. The agreement may be amended or added to by a majority
vote of the board of directors, but no amendment or addition
shall divest a participating county of any right or interest in
lands or personal property without its consent.
The board of directors may appoint and fix the
compensation of employees of, accept gifts, devises, and
bequests for, and take other actions necessary to control and
manage the joint district. Employees of the district shall be
considered county employees for the purposes of Chapter 124. of
the Revised Code and other provisions of state law applicable to
employees. Instead of or in addition to appointing employees of
the district, the board of directors may agree to use employees
of one or more of the participating counties in the service of
the joint district and to share in their compensation in any
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manner that may be agreed upon.
The board of directors shall do one of the following:
(1) Designate the county auditor, including any other
official acting in a capacity similar to a county auditor under
a county charter, of a county participating in the joint
district as the fiscal officer of the district, and the county
treasurer, or other official acting in a capacity similar to a
county treasurer under a county charter, of that county as the
treasurer of the district. The designated county officials shall
perform any applicable duties for the district as each typically
performs for the county of which the individual is an official,
except as otherwise may be provided in any bylaws or resolutions
adopted by the board of directors. The board of directors may
pay to that county any amount agreed upon by the board of
directors and the board of county commissioners of that county
to reimburse that county for the cost properly allocable to the
service of its officials as fiscal officer and treasurer of the
joint district.
(2) Appoint one individual who is neither a county auditor
nor a county treasurer, and who may be an employee of the
district, to serve as both the treasurer of the district and its
fiscal officer. That individual shall act as custodian of the
funds of the board and the district and shall maintain all
accounts of the district. Any reference in this chapter or
Chapter 3734. of the Revised Code to a county auditor or county
treasurer serving as fiscal officer of a district or custodian
of any funds of a board or district is deemed to refer to an
individual appointed under division (B)(2) of this section.
The fiscal officer of a district shall establish a general
fund and any other necessary funds for the district.
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(C) A board of county commissioners of a county district
or board of directors of a joint district may acquire, by
purchase or lease, construct, improve, enlarge, replace,
maintain, and operate such solid waste collection systems within
their respective districts and such solid waste facilities
within or outside their respective districts as are necessary
for the protection of the public health. A board of county
commissioners may acquire within its county real property or any
estate, interest, or right therein, by appropriation or any
other method, for use by a county or joint district in
connection with such facilities. Appropriation proceedings shall
be conducted in accordance with sections 163.01 to 163.22 of the
Revised Code.
(D) The sanitary engineer or sanitary engineering
department of a county maintaining a district and any sanitary
engineer or sanitary engineering department of a county in a
joint district, as determined by the board of directors, in
addition to other duties assigned to that engineer or
department, shall assist the board of county commissioners or
directors in the performance of their duties under this chapter
and sections 3734.52 to 3734.575 of the Revised Code and shall
be charged with any other duties and services in relation
thereto that the board prescribes. A board may employ registered
professional engineers to assist the sanitary engineer in those
duties and also may employ financial advisers and any other
professional services it considers necessary to assist it in the
construction, financing, and maintenance of solid waste
collection or other solid waste facilities. Such contracts of
employment shall not require the certificate provided in section
5705.41 of the Revised Code. Payment for such services may be
made from the general fund or any other fund legally available
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for that use at times that are agreed upon or as determined by
the board of county commissioners or directors, and the funds
may be reimbursed from the proceeds of bonds or notes issued to
pay the cost of any improvement to which the services related.
(E)(1) The prosecuting attorney of the county shall serve
as the legal advisor of a county district and shall provide such
services to the board of county commissioners of the district as
are required or authorized to be provided to other county boards
under Chapter 309. of the Revised Code, except that, if the
board considers it to be necessary or appropriate, the board, on
its own initiative, may employ an attorney or other legal
counsel on an annual basis to serve as the legal advisor of the
district in place of the prosecuting attorney. When the
prosecuting attorney is serving as the district's legal advisor
and the board considers it to be necessary or appropriate, the
board, on its own initiative, may employ an attorney or other
legal counsel to represent or advise the board regarding a
particular matter in place of the prosecuting attorney. The
employment of an attorney or other legal counsel on an annual
basis or in a particular matter is not subject to or governed by
sections 305.14 and 309.09 of the Revised Code.
Notwithstanding the employment of an attorney or other
legal counsel on an annual basis to serve as the district's
legal advisor, the board may require written opinions or
instructions from the prosecuting attorney under section 309.09
of the Revised Code in matters connected with its official
duties as though the prosecuting attorney were serving as the
legal advisor of the district.
(2) The board of directors of a joint district may
designate the prosecuting attorney of one of the counties
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forming the district to serve as the legal advisor of the
district. When so designated, the prosecuting attorney shall
provide such services to the joint district as are required or
authorized to be provided to county boards under Chapter 309. of
the Revised Code. The board of directors may pay to that county
any amount agreed upon by the board of directors and the board
of county commissioners of that county to reimburse that county
for the cost properly allocable to the services of its
prosecuting attorney as the legal advisor of the joint district.
When that prosecuting attorney is so serving and the board
considers it to be necessary or appropriate, the board, on its
own initiative, may employ an attorney or other legal counsel to
represent or advise the board regarding a particular matter in
place of the prosecuting attorney.
Instead of designating the prosecuting attorney of one of
the counties forming the district to be the legal advisor of the
district, the board of directors may employ on an annual basis
an attorney or other legal counsel to serve as the district's
legal advisor. Notwithstanding the employment of an attorney or
other legal counsel as the district's legal advisor, the board
of directors may require written opinions or instructions from
the prosecuting attorney of any of the counties forming the
district in matters connected with the board's official duties,
and the prosecuting attorney shall provide the written opinion
or instructions as though the prosecuting attorney had been
designated to serve as the district's legal advisor under
division (E)(2) of this section.
(F) A board of county commissioners may issue bonds or
bond anticipation notes of the county to pay the cost of
preparing general and detailed plans and other data required for
the construction of solid waste facilities in connection with a
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county or joint district. A board of directors of a joint solid
waste management district may issue bonds or bond anticipation
notes of the joint solid waste management district to pay the
cost of preparing general and detailed plans and other data
required for the construction of solid waste facilities in
connection with a joint district. The bonds and notes shall be
issued in accordance with Chapter 133. of the Revised Code,
except that the maximum maturity of bonds issued for that
purpose shall not exceed ten years. Bond anticipation notes may
be paid from the proceeds of bonds issued either to pay the cost
of the solid waste facilities or to pay the cost of the plans
and other data.
(G) To the extent authorized by the solid waste management
plan of the district approved under section 3734.521 or 3734.55
of the Revised Code or subsequent amended plans of the district
approved under section 3734.521 or 3734.56 of the Revised Code,
the board of county commissioners of a county district or board
of directors of a joint district may adopt, publish, and enforce
rules doing any of the following:
(1) Prohibiting or limiting the receipt of solid wastes
generated outside the district or outside a service area
prescribed in the solid waste management plan or amended plan,
at facilities located within the solid waste management
district, consistent with the projections contained in the plan
or amended plan under divisions (A)(6) and (7) of section
3734.53 of the Revised Code. However, rules adopted by a board
under division (G)(1) of this section may be adopted and
enforced with respect to solid waste disposal facilities in the
solid waste management district that are not owned by a county
or the solid waste management district only if the board submits
an application to the director of environmental protection that
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demonstrates that there is insufficient capacity to dispose of
all solid wastes that are generated within the district at the
solid waste disposal facilities located within the district and
the director approves the application. The demonstration in the
application shall be based on projections contained in the plan
or amended plan of the district. The director shall establish
the form of the application. The approval or disapproval of such
an application by the director is an action that is appealable
under section 3745.04 of the Revised Code.
In addition, the director of environmental protection may
issue an order modifying a rule adopted under division (G)(1) of
this section to allow the disposal in the district of solid
wastes from another county or joint solid waste management
district if all of the following apply:
(a) The district in which the wastes were generated does
not have sufficient capacity to dispose of solid wastes
generated within it for six months following the date of the
director's order.
(b) No new solid waste facilities will begin operation
during those six months in the district in which the wastes were
generated and, despite good faith efforts to do so, it is
impossible to site new solid waste facilities within the
district because of its high population density.
(c) The district in which the wastes were generated has
made good faith efforts to negotiate with other districts to
incorporate its disposal needs within those districts' solid
waste management plans, including efforts to develop joint
facilities authorized under section 343.02 of the Revised Code,
and the efforts have been unsuccessful.
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(d) The district in which the wastes were generated has
located a facility willing to accept the district's solid wastes
for disposal within the receiving district.
(e) The district in which the wastes were generated has
demonstrated to the director that the conditions specified in
divisions (G)(1)(a) to (d) of this section have been met.
(f) The director finds that the issuance of the order will
be consistent with the state solid waste management plan and
that receipt of the out-of-district wastes will not limit the
capacity of the receiving district to dispose of its in-district
wastes to less than eight years.
Any order issued under division (G)(1) of this section
shall not become final until thirty days after it has been
served upon the county or joint solid waste management district
that will receive the out-of-district wastes either by certified
mail or, if the director has record of an internet identifier of
record associated with the district, by ordinary mail and by
that internet identifier of record.
(2) Governing the maintenance, protection, and use of
solid waste collection or other solid waste facilities located
within its district. The rules adopted under division (G)(2) of
this section shall not establish design standards for solid
waste facilities and shall be consistent with the solid waste
provisions of Chapter 3734. of the Revised Code and the rules
adopted under those provisions. The rules adopted under division
(G)(2) of this section may prohibit any person, municipal
corporation, township, or other political subdivision from
constructing, enlarging, or modifying any solid waste facility
until general plans and specifications for the proposed
improvement have been submitted to and approved by the board of
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county commissioners or board of directors as complying with the
solid waste management plan or amended plan of the district. The
construction of such a facility shall be done under the
supervision of the county sanitary engineer or, in the case of a
joint district, a county sanitary engineer designated by the
board of directors, and any person, municipal corporation,
township, or other political subdivision proposing or
constructing such improvements shall pay to the county or joint
district all expenses incurred by the board in connection
therewith. The sanitary engineer may enter upon any public or
private property for the purpose of making surveys or
examinations necessary for designing solid waste facilities or
for supervising the construction, enlargement, modification, or
operation of any such facilities. No person, municipal
corporation, township, or other political subdivision shall
forbid or interfere with the sanitary engineer or the sanitary
engineer's authorized assistants entering upon such property for
that purpose. If actual damage is done to property by the making
of the surveys and examinations, a board shall pay the
reasonable value of that damage to the owner of the property
damaged, and the cost shall be included in the financing of the
improvement for which the surveys and examinations are made.
(3) Governing the development and implementation of a
program for the inspection of solid wastes generated outside the
boundaries of this state that are disposed of at solid waste
facilities included in the district's solid waste management
plan or amended plan. A board of county commissioners or board
of directors or its authorized representative may enter upon the
premises of any solid waste facility included in the district's
solid waste management plan or amended plan for the purpose of
conducting the inspections required or authorized by the rules
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adopted under division (G)(3) of this section. No person,
municipal corporation, township, or other political subdivision
shall forbid or interfere with a board of county commissioners
or directors or its authorized representative entering upon the
premises of any such solid waste facility for that purpose.
(4) Exempting the owner or operator of any existing or
proposed solid waste facility provided for in the plan or
amended plan from compliance with any amendment to a township
zoning resolution adopted under section 519.12 of the Revised
Code or to a county rural zoning resolution adopted under
section 303.12 of the Revised Code that rezoned or redistricted
the parcel or parcels upon which the facility is to be
constructed or modified and that became effective within two
years prior to the filing of an application for a permit
required under division (A)(2)(a) of section 3734.05 of the
Revised Code to open a new or modify an existing solid waste
facility.
(H) A board of county commissioners or board of directors
may enter into a contract with any person, municipal
corporation, township, or other political subdivision for the
operation and maintenance of any solid waste facilities
regardless of whether the facilities are owned or leased by the
county or joint district or the contractor.
(I)(1) No person, municipal corporation, township, or
other political subdivision shall tamper with or damage any
solid waste facility constructed under this chapter or any
apparatus or accessory connected therewith or pertaining
thereto, fail or refuse to comply with the applicable rules
adopted by a board of county commissioners or directors under
division (G)(1), (2), (3), or (4) of this section, refuse to
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permit an inspection or examination by a sanitary engineer as
authorized under division (G)(2) of this section, or refuse to
permit an inspection by a board of county commissioners or
directors or its authorized representative as required or
authorized by rules adopted under division (G)(3) of this
section.
(2) If the board of county commissioners of a county
district or board of directors of a joint district has
established facility designations under section 343.013,
343.014, or 343.015 of the Revised Code, or the director has
established facility designations in the initial or amended plan
of the district prepared and ordered to be implemented under
section 3734.521, 3734.55, or 3734.56 of the Revised Code, no
person, municipal corporation, township, or other political
subdivision shall deliver, or cause the delivery of, any solid
wastes generated within a county or joint district to any solid
waste facility other than the facility designated under section
343.013, 343.014, or 343.015 of the Revised Code, or in the
initial or amended plan of the district prepared and ordered to
be implemented under section 3734.521, 3734.55, or 3734.56 of
the Revised Code, as applicable, except that source separated
recyclable materials may be taken to any legitimate recycling
facility. Upon the request of a person or the legislative
authority of a municipal corporation or township, the board of
county commissioners of a county district or board of directors
of a joint district may grant a waiver authorizing the delivery
of all or any portion of the solid wastes generated in a
municipal corporation or township to a solid waste facility
other than the facility designated under section 343.013,
343.014, or 343.015 of the Revised Code, or in the initial or
amended plan of the district prepared and ordered to be
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implemented under section 3734.521, 3734.55, or 3734.56 of the
Revised Code, as applicable, regardless of whether the other
facility is located within or outside of the district, if the
board finds that delivery of those solid wastes to the other
facility is not inconsistent with the projections contained in
the district's initial or amended plan under divisions (A)(6)
and (7) of section 3734.53 of the Revised Code as approved or
ordered to be implemented and will not adversely affect the
implementation and financing of the district's initial or
amended plan pursuant to the implementation schedule contained
in it under divisions (A)(12)(a) to (d) of that section. The
board shall act on a request for such a waiver within ninety
days after receiving the request. Upon granting such a waiver,
the board shall send notice of that fact to the director. The
notice shall indicate to whom the waiver was granted. Any waiver
or authorization granted by a board on or before October 29,
1993, shall continue in force until the board takes action
concerning the same entity under this division or until action
is taken under division (G) of section 343.014 of the Revised
Code.
(J) Divisions (G)(1) to (4) and (I)(2) of this section do
not apply to the construction, operation, use, repair,
enlargement, or modification of either of the following:
(1) A solid waste facility owned by a generator of solid
wastes when the solid waste facility exclusively disposes of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(2) A facility that exclusively disposes of wastes that
are generated from the combustion of coal, or from the
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combustion of primarily coal in combination with scrap tires,
that is not combined in any way with garbage at one or more
premises owned by the generator.
(K)(1) A member of the board of county commissioners of a
county solid waste management district, member of the board of
directors of a joint solid waste management district, member of
the board of trustees of a regional solid waste management
authority managing a county or joint solid waste management
district, or officer or employee of any solid waste management
district, for the purposes of sections 102.03, 102.04, 2921.41,
and 2921.42 of the Revised Code, shall not be considered to be
directly or indirectly interested in, or improperly influenced
by, any of the following:
(a) A contract entered into under this chapter or section
307.15 or sections 3734.52 to 3734.575 of the Revised Code
between the district and any county forming the district,
municipal corporation or township located within the district,
or health district having territorial jurisdiction within the
district, of which that member, officer, or employee also is an
officer or employee, but only to the extent that any interest or
influence could arise from holding public office or employment
with the political subdivision or health district;
(b) A contract entered into under this chapter or section
307.15 or sections 3734.52 to 3734.575 of the Revised Code
between the district and a county planning commission organized
under section 713.22 of the Revised Code, or regional planning
commission created under section 713.21 of the Revised Code,
having territorial jurisdiction within the district, of which
that member also is a member, officer, or employee, but only to
the extent that any interest or influence could arise from
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holding public office or employment with the commission;
(c) An expenditure of money made by the district for the
benefit of any county forming the district, municipal
corporation or township located within the district, or health
district or county or regional planning commission having
territorial jurisdiction within the district, of which that
member also is a member, officer, or employee, but only to the
extent that any interest or influence could arise from holding
public office or employment with the political subdivision,
health district, or commission;
(d) An expenditure of money made for the benefit of the
district by any county forming the district, municipal
corporation or township located within the district, or health
district or county or regional planning commission having
territorial jurisdiction within the district, of which that
member also is a member, officer, or employee, but only to the
extent that any interest or influence could arise from holding
public office or employment with the political subdivision,
health district, or commission.
(2) A solid waste management district, county, municipal
corporation, township, health district, or planning commission
described or referred to in divisions (K)(1)(a) to (d) of this
section shall not be construed to be the business associate of a
person who is concurrently a member of the board of county
commissioners, directors, or trustees, or an officer or
employee, of the district and an officer or employee of that
municipal corporation, county, township, health district, or
planning commission for the purposes of sections 102.03,
2921.42, and 2921.43 of the Revised Code. Any person who is
concurrently a member of the board of county commissioners,
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directors, or trustees, or an officer or employee, of a solid
waste management district so described or referred to and an
officer or employee of a county, municipal corporation,
township, health district, or planning commission so described
or referred to may participate fully in deliberations concerning
and vote on or otherwise participate in the approval or
disapproval of any contract or expenditure of funds described in
those divisions as a member of the board of county commissioners
or directors, or an officer or employee, of a county or joint
solid waste management district; member of the board of
trustees, or an officer or employee, of a regional solid waste
management authority managing a county or joint solid waste
management district; member of the legislative authority, or an
officer or employee, of a county forming the district; member of
the legislative authority, or an officer or employee, of a
municipal corporation or township located within the district;
member of the board of health, or an officer or employee, of a
health district having territorial jurisdiction within the
district; or member of the planning commission, or an officer or
employee of a county or regional planning commission having
territorial jurisdiction within the district.
(3) Nothing in division (K)(1) or (2) of this section
shall be construed to exempt any member of the board of county
commissioners, directors, or trustees, or an officer or
employee, of a solid waste management district from a conflict
of interest arising because of a personal or private business
interest.
(4) A member of the board of county commissioners of a
county solid waste management district, board of directors of a
joint solid waste management district, or board of trustees of a
regional solid waste management authority managing a county or
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joint solid waste management district, or an officer or
employee, of any such solid waste management district, neither
shall be disqualified from holding any other public office or
position of employment nor be required to forfeit any other
public office or position of employment by reason of serving as
a member of the board of county commissioners, directors, or
trustees, or as an officer or employee, of the district,
notwithstanding any requirement to the contrary under the common
law of this state or the Revised Code.
(L) As used in this chapter:
(1) "Board of health," "disposal," "health district,"
"scrap tires," and "solid waste transfer facility" have the same
meanings as in section 3734.01 of the Revised Code.
(2) "Change in district composition" and "change" have the
same meaning as in section 3734.521 of the Revised Code.
(3)(a) Except as provided in division (L)(3)(b) or (c),
and (d), of this section, "solid wastes" has the same meaning as
in section 3734.01 of the Revised Code.
(b) If the solid waste management district is not one that
resulted from proceedings for a change in district composition
under sections 343.012 and 3734.521 of the Revised Code, until
such time as an amended solid waste management plan is approved
under section 3734.56 of the Revised Code, "solid wastes" need
not include scrap tires unless the solid waste management policy
committee established under section 3734.54 of the Revised Code
for the district chooses to include the management of scrap
tires in the district's initial solid waste management plan
prepared under sections 3734.54 and 3734.55 of the Revised Code.
(c) If the solid waste management district is one
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resulting from proceedings for a change in district composition
under sections 343.012 and 3734.521 of the Revised Code and if
the change involves an existing district that is operating under
either an initial solid waste management plan approved or
prepared and ordered to be implemented under section 3734.55 of
the Revised Code or an initial or amended plan approved or
prepared and ordered to be implemented under section 3734.521 of
the Revised Code that does not provide for the management of
scrap tires and scrap tire facilities, until such time as the
amended plan of the district resulting from the change is
approved under section 3734.56 of the Revised Code, "solid
wastes" need not include scrap tires unless the solid waste
management policy committee established under division (C) of
section 3734.521 of the Revised Code for the district chooses to
include the management of scrap tires in the district's initial
or amended solid waste management plan prepared under section
3734.521 of the Revised Code in connection with the change
proceedings.
(d) If the policy committee chooses to include the
management of scrap tires in an initial plan prepared under
sections 3734.54 and 3734.55 of the Revised Code or in an
initial or amended plan prepared under section 3734.521 of the
Revised Code, the board of county commissioners or directors
shall execute all of the duties imposed and may exercise any or
all of the rights granted under this section for the purpose of
managing solid wastes that consist of scrap tires.
(4)(a) Except as provided in division (L)(4)(b) or (c),
and (d) of this section, "facility" has the same meaning as in
section 3734.01 of the Revised Code and also includes any solid
waste transfer, recycling, or resource recovery facility.
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(b) If the solid waste management district is not one that
resulted from proceedings for a change in district composition
under sections 343.012 and 3734.521 of the Revised Code, until
such time as an amended solid waste management plan is approved
under section 3734.56 of the Revised Code, "facility" need not
include any scrap tire collection, storage, monocell, monofill,
or recovery facility unless the solid waste management policy
committee established under section 3734.54 of the Revised Code
for the district chooses to include the management of scrap tire
facilities in the district's initial solid waste management plan
prepared under sections 3734.54 and 3734.55 of the Revised Code.
(c) If the solid waste management district is one
resulting from proceedings for a change in district composition
under sections 343.012 and 3734.521 of the Revised Code and if
the change involves an existing district that is operating under
either an initial solid waste management plan approved under
section 3734.55 of the Revised Code or an initial or amended
plan approved or prepared and ordered to be implemented under
section 3734.521 of the Revised Code that does not provide for
the management of scrap tires and scrap tire facilities, until
such time as the amended plan of the district resulting from the
change is approved under section 3734.56 of the Revised Code,
"facility" need not include scrap tires unless the solid waste
management policy committee established under division (C) of
section 3734.521 of the Revised Code for the district chooses to
include the management of scrap tires in the district's initial
or amended solid waste management plan prepared under section
3734.521 of the Revised Code in connection with the change
proceedings.
(d) If the policy committee chooses to include the
management of scrap tires in an initial plan prepared under
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sections 3734.54 and 3734.55 of the Revised Code or in an
initial or amended plan prepared under section 3734.521 of the
Revised Code, the board of county commissioners or directors
shall execute all of the duties imposed and may exercise any or
all of the rights granted under this section for the purpose of
managing solid waste facilities that are scrap tire collection,
storage, monocell, monofill, or recovery facilities.
(M) As used in this section:
(1) "Source separated recyclable materials" means
materials that are separated from other solid wastes at the
location where the materials are generated for the purpose of
recycling the materials at a legitimate recycling facility.
(2) "Legitimate recycling facility" has the same meaning
as in rule 3745-27-01 of the Administrative Code.
(3) "Internet identifier of record" has the same meaning
as in section 9.312 of the Revised Code.
Sec. 343.011. (A) The board of county commissioners of a
county or the board of directors of a joint solid waste
management district established under this chapter, upon its own
initiative or at the request of the legislative authority of any
municipal corporation or township located in the district, may
adopt a resolution proposing the formation of a regional solid
waste management authority for the purpose of executing all the
duties and responsibilities imposed on or granted to the board
under this chapter. Upon adoption of such a resolution, the
board shall send a copy of it to the legislative authority of
each municipal corporation and township located in the district
and shall request each legislative authority to vote on the
question of the formation of such a regional authority.
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The board of county commissioners or board of directors
shall declare the proposal to have been adopted upon determining
that the legislative authorities of a combination of municipal
corporations and townships with a combined population within the
boundaries of the district comprising at least sixty per cent of
the total population of the district have approved the proposal,
provided that that combination shall include the municipal
corporation having the largest population in each county within
the boundaries of the district. Upon the adoption of the
proposal, the board of county commissioners or board of
directors shall enter into an agreement with the legislative
authorities of the municipal corporations and townships in the
district to form a regional solid waste management authority,
which agreement shall include, without limitation, procedures
for the appointment of a board of trustees of the authority to
be comprised of at least the president of the board of county
commissioners of each county in the district or his the
president's designee, the chief executive officer of the
municipal corporation having the largest population within the
boundaries of each county in the district or his the chief
executive officer's designee, a member representing the
townships within each county in the district chosen by a
majority of the boards of township trustees within each county,
the health commissioner of the health district having the
largest territorial jurisdiction within each county in the
district or his the health commissioner's designee, and one
member representing the public to be appointed by the other
members of the board.
The agreement forming the regional authority shall be
adopted in the same manner as the initial proposal to form the
regional authority. Not later than thirty days after the
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adoption of the agreement, the board of trustees appointed under
it shall mail a copy of the agreement to the director of
environmental protection.
(B) Following the formation of a regional solid waste
management authority under division (A) of this section, all the
duties and responsibilities imposed on or granted to a board of
county commissioners or a board of directors under this chapter
shall be vested in and exercised by the board of trustees of the
regional authority. Those duties and responsibilities shall
include, without limitation, all of the following:
(1) Appointment of employees necessary to manage the
affairs of the district, including, without limitation, an
executive director, and a sanitary engineer or engineers to
execute the responsibilities assigned to the county sanitary
engineer under this chapter;
(2) Acquisition, construction, improvement, enlargement,
replacement, maintenance, and operation of solid waste
facilities within the district;
(3) Issuance of bonds and bond anticipation notes in
accordance with Chapter 133. of the Revised Code.
(C) In addition to the duties and responsibilities
identified in division (B) of this section and division (H) of
section 3734.54 of the Revised Code, the board of trustees of a
regional solid waste management authority may do any of the
following:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(2) Maintain an office within its county or joint solid
waste management district;
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(3) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code and procure and pay
all or any part of the cost of group hospitalization, surgical,
major medical, and sickness and accident insurance and group
life insurance for its employees;
(4) Procure insurance against loss to the regional
authority by reason of damages to its properties resulting from
fire, theft, accident, or other casualties or by reason of its
liability for any damages to persons or property occurring in
the construction or operation of facilities under its
jurisdiction or the conduct of its activities;
(5) Procure a policy or policies insuring members of the
board of trustees against liability on account of damages or
injury to persons and property resulting from any act or
omission of a member in his the member's official capacity as a
member of the board or resulting solely out of his membership on
the board;
(6) Sue or be sued;
(7) Make contracts in the exercise of the rights, powers,
and duties conferred upon the regional authority;
(8) Do all acts necessary or proper to carry out the
duties and responsibilities imposed on or granted to the board
under this chapter and sections 3734.52 to 3734.575 of the
Revised Code.
(D) The board of trustees of a regional solid waste
management authority in a county solid waste management district
may designate the prosecuting attorney of the county to serve as
the legal advisor of the authority, and the board of trustees of
an authority in a joint district may designate the prosecuting
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As Introduced
attorney of one of the counties forming the district to serve as
the legal advisor of the authority. The designated prosecuting
attorney shall provide such services to the authority as are
required or authorized to be provided to county boards under
Chapter 309. of the Revised Code. The board of trustees may pay
to the county whose prosecuting attorney is serving as the
authority's legal advisor any amount agreed upon by the board of
trustees and the board of county commissioners of that county to
reimburse that county for the cost properly allocable to the
services of its prosecuting attorney as the authority's legal
advisor. When a prosecuting attorney is so serving and the board
considers it to be necessary or appropriate, the board, on its
own initiative, may employ an attorney or other legal counsel to
advise the board regarding a particular matter in place of the
prosecuting attorney.
Instead of designating the prosecuting attorney of the
county or of one of the counties forming the district, as
appropriate, to be the legal advisor of the regional authority,
the board of trustees may employ on an annual basis an attorney
or other legal counsel to serve as the authority's legal
advisor. Notwithstanding the employment of an attorney or other
legal counsel on an annual basis as the authority's legal
advisor, the board of trustees may require written opinions or
instructions from the prosecuting attorney of the county or, in
the case of a joint district, any of the counties forming the
district in matters connected with the board's official duties,
and the prosecuting attorney shall provide the written opinion
or instructions as though he the prosecuting attorney had been
designated to serve as the authority's legal advisor under this
division.
(E) Within ninety days after October 29, 1993, one member
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As Introduced
representing industrial, commercial, or institutional generators
of solid wastes within the district and one member representing
the general interests of citizens who shall have no conflict of
interest through affiliation with a waste management company or
with any entity that is a significant generator of solid wastes
shall be added to the board of trustees of a regional authority
formed in a county district. In the case of a regional authority
formed in a joint district, one member shall be added to the
board of trustees from each county that is a member of the joint
district to represent industrial, commercial, or institutional
generators of solid wastes within the county, and one member
shall be added to the board from each such county to represent
the general interests of citizens who shall have no conflict of
interest through affiliation with a waste management company or
with any entity that is a significant generator of solid wastes.
The members representing generators and the general interests of
citizens shall be added to the board of trustees without the
necessity for amending the agreement to form the regional
authority. They shall be appointed in the same manner as the
public member of the board is required to be appointed under
this section and shall serve for terms of the same length as the
other members, as provided in the agreement.
(F) As used in this chapter and in division (E) of section
3714.07 of the Revised Code, divisions (D) to (H) of section
3734.57 of the Revised Code, and sections 3734.571, 3734.572,
3734.573, 3734.574, and 3734.575 of the Revised Code, and as
used in Chapter 133. of the Revised Code for the purposes of
this chapter, any reference to a board of county commissioners
of a county or a board of directors of a joint solid waste
management district is deemed to include the board of trustees
of a regional solid waste management authority, and any
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As Introduced
reference to the county sanitary engineer is deemed to include
any sanitary engineer employed by a regional authority.
Sec. 343.012. (A) As used in this section:
(1) "Change in district composition" and "change" have the
same meaning as in section 3734.521 of the Revised Code.
(2) "Deliver" has the same meaning as in division (G)(2)
of section 3734.55 of the Revised Code.
(B) The board of county commissioners of a county forming
a joint solid waste management district may initiate proceedings
to withdraw from the district by adopting a resolution
requesting to withdraw. Upon adopting the resolution, the board
shall deliver a copy of it to the board of directors of the
district. Upon receiving the resolution, the board of directors
shall deliver written notice of the proposed withdrawal to the
boards of county commissioners of the other counties forming the
district. Within sixty days after receiving the notice, the
other boards of county commissioners each shall adopt a
resolution approving or disapproving the proposed withdrawal and
deliver a copy of the resolution to the board of directors. If
any of the other boards of county commissioners adopts a
resolution of disapproval, the board of directors shall declare
the proposed withdrawal to be disapproved and shall deliver
written notice of the disapproval to the boards of county
commissioners of the affected counties. If all of the other
boards of county commissioners adopt a resolution approving the
proposed withdrawal, the board of directors shall declare the
withdrawal to be approved and shall deliver written notice of
the approval to the boards of county commissioners of the
affected counties. The board of directors shall determine
whether the withdrawal has been approved or disapproved and
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As Introduced
deliver the required written notice of the approval or
disapproval to the boards of county commissioners of the
affected counties within thirty days after receiving the
resolutions of approval or disapproval from those boards.
Promptly after the approval of the withdrawal, proceedings shall
be initiated in accordance with division (E) of section 3734.521
of the Revised Code to effect the withdrawal.
A withdrawal becomes final on the first day of January
following the date on which the applicable conditions set forth
in division (G)(1), (2), (3), or (4) of section 3734.521 of the
Revised Code have been met in connection with the change in
district composition that involves the withdrawal. On and after
that first day of January, the withdrawing county ceases to be a
part of the joint district, its members on the board of
directors shall cease to be members of the board, and its power
to levy a tax upon taxable property to support the district
terminates, except that the county shall continue to levy and
collect any taxes levied for the payment of indebtedness of the
district as it was composed at the time the indebtedness was
incurred. Upon the withdrawal of a county from a joint district,
the board of directors shall ascertain, apportion, and order a
division of the funds on hand, credits, and real and personal
property of the district, either in money or in kind, on any
equitable basis between the district and the withdrawing county
consistent with the agreement to establish and maintain the
district entered into and ratified under division (A) of section
343.01 of the Revised Code and the prior contributions of the
withdrawing county.
If the withdrawal of one or more counties would leave only
one county participating in a joint district, the board of
directors shall ascertain, apportion, and order a final division
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As Introduced
of the funds on hand, credits, and real and personal property of
the district. On and after the first day of January on which the
latest withdrawal of a county from the district becomes final,
the district shall be dissolved. When a joint district is
dissolved and any indebtedness remains unpaid, the boards of
county commissioners shall continue to levy and collect taxes
for the payment of the indebtedness in support of the joint
district in the amounts established by the agreement at the time
the indebtedness was incurred.
For the purposes of this division, "counties forming the
joint district" include only the following:
(1) The counties that are named as members of the joint
district in the solid waste management plan or amended plan of
the district approved or ordered to be implemented under section
3734.521, 3734.55, or 3734.56 of the Revised Code in effect when
the withdrawal proceeding was initiated and that have not
previously initiated proceedings under division (B) of this
section to withdraw from the joint district;
(2) Any counties named as members of the joint district in
that plan or amended plan that have initiated a withdrawal
proceeding under division (B) of this section that has been
declared to be disapproved under that division;
(3) If joinder proceedings had previously been concluded
under division (D) of this section since that plan or amended
plan was approved or ordered to be implemented, any county whose
joinder to the district was declared to be approved in those
proceedings.
(C)(B)(1) The board of county commissioners of a county
seeking to establish a new joint district with the board of
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As Introduced
county commissioners of one or more other counties may initiate
proceedings to do so by adopting a resolution proposing the
establishment of the joint district. Upon adopting the
resolution, the board shall deliver a copy of it to the boards
of county commissioners of the other counties to be included in
the proposed joint district.
(2) If the board proposing the establishment of a new
joint district also has initiated proceedings to withdraw from
an existing joint district under division (B) of this section
3734.522 of the Revised Code , the board shall not adopt a
resolution proposing the establishment until after the proposed
withdrawal has been declared to be approved memorandum of
understanding has been executed in accordance with that section
and, upon adopting the resolution, shall deliver the board
delivers a copy of the written notice declaring the withdrawal
to be approved under that division memorandum of understanding
to the other boards along with the copy of the resolution
proposing the establishment of the new district .
(3) Within sixty days after receiving the resolution
proposing the establishment of the new joint district and, if
applicable, a copy of the notice of the approval of the
withdrawalmemorandum of understanding , each of the other boards
shall adopt a resolution approving or disapproving the proposed
establishment and deliver a copy of it to the board of county
commissioners proposing the establishment. However, if any of
the other boards also has initiated entered into withdrawal
proceedings under division (B) of this section 3734.522 of the
Revised Code, and if the withdrawal has been declared to be
disapproved or has not yet been declared to be approved or
disapproved under that division, that board need not adopt a
resolution concerning the proposed establishment, but such board
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As Introduced
shall deliver to the board of county commissioners proposing the
establishment a copy of the written notice of the disapproval
or, if the withdrawal has not yet been declared to be approved
or disapproved, written notice of that fact. If the withdrawal
has been declared to be approved under division (B) of this
section, the board shall deliver a copy of the written notice of
the approval with the copy of its resolution approving or
disapproving the proposed establishment executed memorandum of
understanding entered into under that section . If any of the
other boards adopts a resolution of disapproval, or if any of
the other boards initiated withdrawal proceedings under division
(B) of this section and the withdrawal either has been declared
to be disapproved under that division or has not yet been
declared to be approved or disapproved under that division when
the board of county commissioners so notified the board of
county commissioners proposing the establishment, the board of
county commissioners proposing the establishment shall declare
the proposed establishment to be disapproved and shall deliver
written notice of the disapproval to the other boards. If all of
the other boards adopt a resolution approving the establishment,
and, if any of the other boards initiated such withdrawal
proceedings, the withdrawal already has been declared to be
approved under that division when the board of county
commissioners delivered the resolution approving the
establishment to the board of county commissioners proposing the
establishment, the board that initiated the proceedings shall
declare the establishment to be approved and shall deliver
written notice of the approval to the other boards. The board of
county commissioners that initiated the proceedings shall
determine whether the establishment has been approved or
disapproved and deliver the required written notice of the
approval or disapproval to the other boards within thirty days
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As Introduced
after receiving the resolutions of approval or disapproval from
the other boards or being otherwise notified by them in
accordance with this division.
(4) Promptly after the approval of the establishment, the
boards shall enter into and ratify an agreement to form the
joint district under division (A) of section 343.01 of the
Revised Code, and proceedings shall be initiated under section
3734.521 of the Revised Code to effect the establishment of the
joint district. The establishment of the joint district becomes
final when the applicable conditions set forth in division (G)
(1), (2), (3), or (4) and, if appropriate, division (H) (E) of
section 3734.521 of the Revised Code have been met in connection
with the change in district composition that involves the
establishment. On the date that the establishment becomes final,
the boards of county commissioners of the counties establishing
the joint district collectively constitute the board of
directors of the joint district, except that if a county with a
legislative authority other than a board of county commissioners
participates in the joint district, it shall be represented on
the board of directors by three persons appointed by the
legislative authority of the county.
(D)(C)(1) The board of county commissioners of a county
may initiate proceedings to join an existing joint district by
adopting a resolution requesting membership in the joint
district. Upon adoption of the resolution, the board shall
deliver a copy of it to the board of directors of the joint
district.
(2) If the board of county commissioners proposing the
joinder also has initiated proceedings to withdraw from an
existing joint district under division (B) of this section
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958 S. B. No. 147 Page 33
As Introduced
3734.522 of the Revised Code , the board shall not adopt a
resolution proposing the joinder until after the withdrawal has
been declared to be approved under that division memorandum of
understanding has been executed in accordance with that section
and, upon adopting the resolution, such board shall deliver a
copy of the written notice declaring the withdrawal to be
approved under that division memorandum of understanding to the
board of directors of the joint district along with the
resolution proposing the joinder. Upon receiving the resolution
and, if applicable, a copy of the notice of the approval of the
withdrawalmemorandum of understanding , the board of directors
shall deliver notice of the proposed joinder to the boards of
county commissioners of the counties forming the existing joint
district.
(3) Within sixty days after receiving the notice of the
proposed joinder, each such board shall adopt a resolution
approving or disapproving the joinder and shall deliver a copy
of the resolution to the board of directors. If the board of
county commissioners of any of the counties forming the existing
joint district adopts a resolution of disapproval or if any of
the counties that are members of the existing joint district had
initiated a withdrawal from it under division (B) of this
section that had not yet been declared to be approved or
disapproved under that division when the board of county
commissioners delivered their resolutions approving or
disapproving the joinder to the board of directors , the board of
directors shall declare the proposed joinder to be disapproved
and shall deliver written notice of the disapproval to the
affected boards of county commissioners. If the board of county
commissioners of each county forming the existing joint district
adopts a resolution approving the proposed joinder and, if any
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989 S. B. No. 147 Page 34
As Introduced
of the counties that are members of the existing joint district
has initiated a withdrawal from it under division (B) of this
section, the withdrawal has been declared to be approved or
disapproved under that division , the board of directors shall
declare the joinder to be approved and shall deliver written
notice of the approval to the affected boards of county
commissioners. The board of directors shall determine whether
the joinder has been approved or disapproved and deliver the
required written notice of the approval or disapproval to the
boards of county commissioners of the affected counties within
thirty days after receiving the resolutions of approval or
disapproval from the boards of county commissioners of the
counties forming the existing joint district.
(4) Promptly after the approval of the joinder, the
affected boards shall enter into and ratify an agreement under
division (A) of section 343.01 of the Revised Code to join the
county to the joint district, and proceedings shall be initiated
in accordance with section 3734.521 of the Revised Code to
effect the joinder. The joinder becomes final when the
applicable conditions set forth in division (G)(1), (2), (3), or
(4) and, if appropriate, division (H) (E) of section 3734.521 of
the Revised Code have been met in connection with the change in
district composition that involves the joinder. When the joinder
becomes final, the board of county commissioners of the joining
county or three members appointed by its legislative authority,
if other than a board of county commissioners, shall be added to
the board of directors of the joint district. If one or more
counties withdrew from the existing joint district in connection
with the change that involved the joinder, the members of the
board of directors of the existing joint district from the
counties that withdrew shall cease to serve as members of the
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1020 S. B. No. 147 Page 35
As Introduced
board of directors on the date that the change becomes final.
(5) For the purposes of this division (C) of this section ,
"counties forming the existing joint district" include only the
following:
(1)(a) The counties that are named as members of the joint
district in the solid waste management plan or amended plan of
the district approved or ordered to be implemented under section
3734.521, 3734.55, or 3734.56 of the Revised Code in effect when
the joinder proceeding was initiated and that have not initiated
proceedings to withdraw from the joint district under division
(B) of this section 3734.522 of the Revised Code ;
(2) Any counties named as members of the joint district in
that plan or amended plan that have initiated a withdrawal under
division (B) of this section that has been declared to be
disapproved under that division;
(3)(b) If joinder proceedings had previously been
concluded under this division since that plan or amended plan
was approved or ordered to be implemented, any county whose
joinder to the district was declared to be approved in those
proceedings.
(E)(D)(1) As used in this division:
(a) "Initiating joint district" means the joint district
that initiates proceedings for the union of the district with
another joint district.
(b) "Joining joint district" means the joint district that
is requested by an initiating joint district to become one joint
district in union.
(c) "Counties forming the existing joint districts"
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1048 S. B. No. 147 Page 36
As Introduced
includes only the following:
(i) The counties that are named as members of one of the
joint districts affected by the proposed union in the solid
waste management plan or amended plan of the appropriate
district approved or ordered to be implemented under section
3734.521, 3734.55, or 3734.56 of the Revised Code in effect when
the union proceeding was initiated and that have not initiated
proceedings under section 3734.522 of the Revised Code;
(ii) If joinder proceedings previously had been concluded
under this section to join a county to an existing joint
district affected by the proposed union, any county whose
joinder to the existing joint district was declared to be
approved in that proceeding.
(2) The board of directors of a joint district may
initiate proceedings for the union of the district with another
joint district by adopting a resolution requesting the union.
(3) If the initiating joint district whose board of
directors is requesting the union is affected by a withdrawal
proceeding initiated under division (B) of this section 3734.522
of the Revised Code, the board of directors of the initiating
joint district shall not adopt a resolution requesting the union
until after it has declared the proposed withdrawal to be
approved or disapproved under division (B) of this the
memorandum of understanding has been executed in accordance with
that section. Upon adoption of the resolution, the board shall
deliver a copy of it to the board of directors of the joining
joint district with which the union is proposed . Within thirty
days after receiving the resolution, the board of directors of
the other joining joint district shall deliver written notice to
the initiating joint district's board of directors requesting
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1078 S. B. No. 147 Page 37
As Introduced
the union as to whether the other joining joint district is
affected by a withdrawal proceeding initiated under division (B)
of this section 3734.522 of the Revised Code . If the other
joining joint district is so affected, its board of directors
shall deliver with the notice a copy of the resolution proposing
the withdrawal and a copy of the written notice declaring the
withdrawal to be approved or disapproved under division (B) of
this section or, if the withdrawal has not yet been declared to
be approved or disapproved, written notice of that
factmemorandum of understanding executed in accordance with that
section. If the board of directors of the other district
declares such a withdrawal to be approved or disapproved within
sixty days after the board of directors that requested the union
delivered copies of the resolution requesting the union to the
boards of county commissioners of the counties forming the
existing joint districts, the board of directors of the other
district shall deliver written notice of the approval or
disapproval of the withdrawal to the board of directors that
requested the union.
(4) Within thirty days after receiving from the board of
directors of the other joining joint district the written notice
as to whether that district is affected by a withdrawal
proceeding, the initiating joint district's board of directors
requesting the union shall deliver a copy of the resolution
requesting the union to the boards of county commissioners of
the counties forming the existing joint districts. Within sixty
days after receiving the resolution, each such board of county
commissioners shall adopt a resolution approving or disapproving
the union and deliver a copy of it to the initiating joint
district's board of directors that requested the union . If the
board of county commissioners of any of the counties forming the
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1109 S. B. No. 147 Page 38
As Introduced
existing joint districts adopts a resolution of disapproval or
if any of the joint districts is affected by a withdrawal from
it initiated under division (B) of this section that had not yet
been declared to be approved or disapproved under that division
when the board of county commissioners proposing the withdrawal
delivered its resolution approving or disapproving the proposed
union to the board of directors , the board of directors shall
declare the union to be disapproved and shall deliver written
notice of the disapproval to the board of county commissioners
of each of the affected counties. If the boards of county
commissioners of all of the counties forming the existing joint
districts adopt resolutions approving the proposed union and, if
any of the joint districts is affected by a withdrawal
proceeding initiated under division (B) of this section, the
withdrawal had already been declared to be approved or
disapproved under that division when the board of county
commissioners of the counties forming the existing joint
districts delivered their resolutions approving the proposed
union to the board of directors , the board of directors shall
declare the union to be approved and shall deliver written
notice of that fact to the affected boards of county
commissioners. The board of directors shall determine whether
the union has been approved or disapproved and deliver the
required written notices of the approval or disapproval to the
boards of county commissioners of the counties forming the
existing joint districts within thirty days after receiving the
resolutions of approval or disapproval from those boards of
county commissioners.
(5) Promptly after the approval of the union, the boards
of county commissioners of the affected counties shall enter
into and ratify an agreement under division (A) of section
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1140 S. B. No. 147 Page 39
As Introduced
343.01 of the Revised Code to unite the districts, and
proceedings shall be initiated in accordance with section
3734.521 of the Revised Code to effect the union. The union
becomes final when the applicable conditions set forth in
division (G)(1), (2), (3), or (4) and, if appropriate, division
(H)(E) of section 3734.521 of the Revised Code have been met in
connection with the change in district composition that involves
the union. On the date that the union becomes final, the boards
of directors of the former joint districts collectively
constitute the board of directors of the united district, except
that if one or more counties were joined to any of the existing
joint districts in connection with the change in district
composition that involved the union, the board of county
commissioners or three members appointed by its legislative
authority, if other than a board of county commissioners, shall
be added to the board of directors of the united district, and
except that if one or more counties withdrew from any of the
existing joint districts in connection with the change in
district composition that involved the union, the board of
directors shall not include members from the counties that
withdrew from the former joint districts.
For the purposes of this division, "counties forming the
existing joint districts" includes only the following:
(1) The counties that are named as members of one of the
joint districts affected by the proposed union in the solid
waste management plan or amended plan of the appropriate
district approved or ordered to be implemented under section
3734.521, 3734.55, or 3734.56 of the Revised Code in effect when
the union proceeding was initiated and that have not initiated
proceedings under division (B) of this section to withdraw from
the joint districts of which they were members on that date;
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1171 S. B. No. 147 Page 40
As Introduced
(2) Any county named as a member of a joint district
affected by the proposed union in any such plan or amended plan
that has initiated a withdrawal under division (B) of this
section that has been declared to be disapproved under that
division;
(3) If joinder proceedings previously had been concluded
under division (D) of this section to join a county to an
existing joint district affected by the proposed union, any
county whose joinder to the existing joint district was declared
to be approved in that proceeding.
Sec. 343.022. (A) The board of county commissioners of a
county solid waste management district or the board of directors
of a joint solid waste management district may enter into a
contract or agreement with the owner or operator of a solid
waste facility, or with persons collecting or transporting solid
wastes, to establish and collect on behalf of the district
generation or disposal fees to be used by the district for the
purposes set forth in divisions (G)(1) to (10) division (G) of
section 3734.57 of the Revised Code or to provide other
remuneration or services to or on behalf of the district or its
residents.
(B) The authority provided by division (A) of this section
is cumulative and concurrent with the authority of the board of
county commissioners or directors to enter into contracts or
agreements under other sections of this chapter. The existence
or exercise of one such authority does not prevent the exercise
of the other.
(C) The authority provided by division (A) of this section
pertaining to disposal or generation fees is cumulative and
concurrent with the authority of the board of county
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1201 S. B. No. 147 Page 41
As Introduced
commissioners or directors to levy disposal or generation fees
under section 3734.57, 3734.571, 3734.572, 3734.573, or 3734.574
of the Revised Code. The exercise of the authority provided in
any of those sections does not prevent the exercise of the
authority provided by division (A) of this section, and the
authority provided by division (A) of this section does not
prevent the exercise of the authority provided in any of those
sections.
Sec. 343.08. (A) The board of county commissioners of a
county solid waste management district and the board of
directors of a joint solid waste management district may fix
reasonable rates or charges to be paid by every person,
municipal corporation, township, or other political subdivision
that owns premises to which solid waste collection, storage,
transfer, disposal, recycling, processing, or resource recovery
service is provided by the district and may change the rates or
charges whenever it considers it advisable. Charges for
collection, storage, transfer, disposal, recycling, processing,
or resource recovery service shall be made only against lots or
parcels that are improved, or in the process of being improved,
with at least one permanent, portable, or temporary building.
The rates or charges may be collected by either of the following
means:
(1) Periodic billings made by the district directly or in
conjunction with billings for public utility rates or charges by
a county water district established under section 6103.02 of the
Revised Code, a county sewer district established under section
6117.02 of the Revised Code, or a municipal corporation or other
political subdivision authorized by law to provide public
utility service. When any such charges that are so billed are
not paid, the board shall certify them to the county auditor of
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1232 S. B. No. 147 Page 42
As Introduced
the county where the lots or parcels are located, who shall
place them upon the real property duplicate against the property
served by the collection, storage, transfer, disposal,
recycling, processing, or resource recovery service. The charges
shall be a lien on the property from the date they are placed
upon the real property duplicate by the auditor and shall be
collected in the same manner as other taxes.
(2) Certifying the rates or charges to the county auditor
of the county where the lots or parcels are located, who shall
place them on the real property duplicate against the lots or
parcels. The rates or charges are a lien on the property from
the date they are placed upon the real property duplicate by the
auditor and shall be collected in the same manner as other
taxes.
The county or joint district need not fix a rate or charge
against property if the district does not operate a collection
system.
Where a county or joint district owns or operates a solid
waste facility, either without a collection system or in
conjunction therewith, the board of county commissioners or
board of directors may fix reasonable rates or charges for the
use of the facility by persons, municipal corporations,
townships, and other political subdivisions, may contract with
any public authority or person for the collection of solid
wastes in any part of any district for collection, storage,
disposal, transfer, recycling, processing, or resource recovery
in any solid waste facility, or may lease the facility to any
public authority or person. The cost of collection, storage,
transfer, disposal, recycling, processing, or resource recovery
under such contracts may be paid by rates or charges fixed and
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1262 S. B. No. 147 Page 43
As Introduced
collected under this section or by rates and charges fixed under
those contracts and collected by the contractors.
All moneys collected by or on behalf of a county or joint
district as rates or charges for solid waste collection,
storage, transfer, disposal, recycling, processing, or resource
recovery service in any district shall be paid to the county
treasurer in a county district or to the county treasurer or
other official designated by the board of directors in a joint
district and kept in a separate and distinct fund to the credit
of the district. The fund shall be used for the payment of the
cost of the management, maintenance, and operation of the solid
waste collection or other solid waste facilities of the district
and, if applicable, the payment of the cost of collecting the
rates or charges of the district pursuant to division (A)(1) or
(2) of this section. Prior to the approval of the district's
initial solid waste management plan under section 3734.55 of the
Revised Code or the issuance of an order under that section
requiring the district to implement an initial plan prepared by
the director, as appropriate, the fund also may be used for the
purposes of division (G)(1) or (3) of section 3734.57 of the
Revised Code. On and after the approval of the district's
initial plan under section 3734.521 or 3734.55 of the Revised
Code or the issuance of an order under either of those sections,
as appropriate, requiring the district to implement an initial
plan prepared by the director, the fund also may be used for all
of the purposes of divisions (G)(1) to (10) specified in division
(G) of section 3734.57 of the Revised Code. Those uses may
include, in accordance with a cost allocation plan adopted under
division (B) of this section, the payment of all allowable
direct and indirect costs of the district, the sanitary engineer
or sanitary engineering department, or a federal or state grant
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1293 S. B. No. 147 Page 44
As Introduced
program, incurred for the purposes of this chapter and sections
3734.52 to 3734.572 of the Revised Code. Any surplus remaining
after those uses of the fund may be used for the enlargement,
modification, or replacement of such facilities and for the
payment of the interest and principal on bonds and bond
anticipation notes issued pursuant to section 343.07 of the
Revised Code. In no case shall money so collected be expended
otherwise than for the use and benefit of the district.
A board of county commissioners or directors, instead of
operating and maintaining solid waste collection or other solid
waste facilities of the district with county or joint district
personnel, may enter into a contract with a municipal
corporation having territory within the district pursuant to
which the operation and maintenance of the facilities will be
performed by the municipal corporation.
The products of any solid waste collection or other solid
waste facility owned under this chapter shall be sold through
competitive bidding in accordance with section 307.12 of the
Revised Code, except when a board of county commissioners or
directors determines by resolution that it is in the public
interest to sell those products in a commercially reasonable
manner without competitive bidding.
(B) A board of county commissioners or directors may adopt
a cost allocation plan that identifies, accumulates, and
distributes allowable direct and indirect costs that may be paid
from the fund of the district created in division (A) of this
section and prescribes methods for allocating those costs. The
plan shall authorize payment from the fund for only those costs
incurred by the district, the sanitary engineer or sanitary
engineering department, or a federal or state grant program, and
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1323 S. B. No. 147 Page 45
As Introduced
those costs incurred by the general and other funds of the
county for a common or joint purpose, that are necessary and
reasonable for the proper and efficient administration of the
district under this chapter and sections 3734.52 to 3734.572 of
the Revised Code. The plan shall not authorize payment from the
fund of any general government expense required to carry out the
overall governmental responsibilities of a county. The plan
shall conform to United States office of management and budget
Circular A-87 "Cost Principles for State and Local Governments,"
published January 15, 1983.
(C) A board of county commissioners or directors shall fix
rates or charges, or enter into contracts fixing the rates or
charges to be collected by the contractor, for solid waste
collection, storage, transfer, disposal, recycling, processing,
or resource recovery services at a public meeting held in
accordance with section 121.22 of the Revised Code. In addition
to fulfilling the requirements of section 121.22 of the Revised
Code, the board, before fixing or changing rates or charges for
solid waste collection, storage, transfer, disposal, recycling,
processing, or resource recovery services, or before entering
into a contract that fixes rates or charges to be collected by
the contractor providing the services, shall hold at least three
public hearings on the proposed rates, charges, or contract.
Prior to the first public hearing, the board shall publish
notice of the public hearings as provided in section 7.16 of the
Revised Code or once a week for three consecutive weeks in a
newspaper of general circulation in the county or counties that
would be affected by the proposed rates, charges, or contract.
The notice shall include a listing of the proposed rates or
charges to be fixed and collected by the board or fixed pursuant
to the contract and collected by the contractor, and the dates,
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As Introduced
time, and place of each of the three hearings thereon. The board
shall hear any person who wishes to testify on the proposed
rates, charges, or contract.
Sec. 3714.07. (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 this chapter or at a solid waste facility that is licensed
under Chapter 3734. of the Revised Code;
(b) The disposal of asbestos or asbestos-containing
materials or products 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.
(2) The owner or operator of a construction and demolition
debris facility or a solid waste facility shall determine if
cubic yards or tons will be used as the unit of measurement. If
basing the fee on cubic yards, the owner or operator shall
utilize either the maximum cubic yard capacity of the container,
or the hauling volume of the vehicle, that transports the
construction and demolition debris to the facility or the cubic
yards actually logged for disposal by the owner or operator in
accordance with rules adopted under section 3714.02 of the
Revised Code. If basing the fee on tonnage, the owner or
operator shall use certified scales to determine the tonnage of
construction and demolition debris that is disposed of.
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1383 S. B. No. 147 Page 47
As Introduced
(3) The owner or operator of a construction and demolition
debris facility or a solid waste facility shall calculate the
amount of money generated from the fee levied under division (A)
(1) of this section and shall hold that amount as a trustee for
the health district having jurisdiction over the facility, if
that district is on the approved list under section 3714.09 of
the Revised Code, or for the state. The owner or operator shall
prepare and file with the appropriate board of health or the
director of environmental protection monthly returns indicating
the total volume or weight, as applicable, of construction and
demolition debris and asbestos or asbestos-containing materials
or products disposed of at the facility and the total amount of
money generated during that month from the fee levied under
division (A)(1) of this section on the disposal of construction
and demolition debris and asbestos or asbestos-containing
materials or products. Not later than thirty days after the last
day of the month to which the return applies, the owner or
operator shall mail to the board of health or the director the
return for that month together with the amount of money
calculated under division (A)(3) of this section on the disposal
of construction and demolition debris and asbestos or asbestos-
containing materials or products during that month or may submit
the return and money electronically in a manner approved by the
director. The owner or operator may request, in writing, an
extension of not more than thirty days after the last day of the
month to which the return applies. A request for extension may
be denied. If the owner or operator submits the money late, the
owner or operator shall pay a penalty of ten per cent of the
amount of the money due for each month that it is late.
(4) Of the money that is submitted by a construction and
demolition debris facility or a solid waste facility on a per
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1414 S. B. No. 147 Page 48
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cubic yard or per ton basis under this section, a board of
health shall transmit three cents per cubic yard or six cents
per ton, as applicable, to the director not later than forty-
five days after the receipt of the money. The money retained by
a board of health under this section shall be paid into a
special fund, which is hereby created in each health district,
and used solely for the following purposes:
(a) To administer and enforce this chapter and Chapter
3734. of the Revised Code and rules adopted under them;
(b) To abate abandoned accumulations of construction and
demolition debris as provided in section 3714.074 of the Revised
Code;
(c) To mitigate any impacts to public health, safety, and
welfare of any construction and demolition debris facility and
solid waste disposal or transfer facility within the health
district, including ensuring appropriate inspection of any such
facility to prevent any negative public health, safety, and
welfare impact.
The director shall transmit all money received under this
section to the treasurer of state to be deposited in the state
treasury to the credit of the waste management fund created in
section 3734.061 of the Revised Code.
(B) The board of health of a health district or the
director may enter into an agreement with the owner or operator
of a construction and demolition debris facility or a solid
waste facility for the quarterly payment of money generated from
the disposal fee as calculated in division (A)(3) of this
section. The board of health shall notify the director of any
such agreement. Not later than forty-five days after receipt of
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1443 S. B. No. 147 Page 49
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the quarterly payment, the board of health shall transmit the
amount established in division (A)(4) of this section to the
director. The money retained by the board of health shall be
deposited in the special fund of the district as required under
that division. Upon receipt of the money from a board of health,
the director shall transmit the money to the treasurer of state
to be credited to the waste management fund.
(C) If a construction and demolition debris facility or a
solid waste facility is located within the territorial
boundaries of a municipal corporation or the unincorporated area
of a township, the municipal corporation or township may
appropriate up to four cents per cubic yard or up to eight cents
per ton of the disposal fee required to be paid by the facility
under division (A)(1) of this section 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.
The legislative authority of the municipal corporation or
township may appropriate the money from the fee by enacting an
ordinance or adopting a resolution establishing the amount of
the fee to be appropriated. Upon doing so, the legislative
authority shall mail a certified copy of the ordinance or
resolution to the board of health of the health district in
which the construction and demolition debris facility or the
solid waste facility is located or, if the facility is located
in a health district that is not on the approved list under
section 3714.09 of the Revised Code, to the director. Upon
receipt of the copy of the ordinance or resolution and not later
than forty-five days after receipt of money generated from the
fee, the board or the director, as applicable, shall transmit to
the treasurer or other appropriate officer of the municipal
corporation or clerk of the township that portion of the money
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generated from the disposal fee by the owner or operator of the
facility that is required by the ordinance or resolution to be
paid to that municipal corporation or township.
Money received by the treasurer or other appropriate
officer of a municipal corporation under this division shall be
paid into the general fund of the municipal corporation. Money
received by the clerk of a township under this division shall be
paid into the general fund of the township. The treasurer or
other officer of the municipal corporation or the clerk of the
township, as appropriate, shall maintain separate records of the
money received under this division.
The legislative authority of a municipal corporation or
township may cease appropriating money under this division by
repealing the ordinance or resolution that was enacted or
adopted under this division.
The director shall adopt rules in accordance with Chapter
119. of the Revised Code establishing requirements for prorating
the amount of the fee that may be appropriated under this
division by a municipal corporation or township in which only a
portion of a construction and demolition debris facility is
located within the territorial boundaries of the municipal
corporation or township.
(D) The board of county commissioners of a county in which
a construction and demolition debris facility or a solid waste
facility is located may appropriate up to three cents per cubic
yard or up to six cents per ton of the disposal fee required to
be paid by the facility under division (A)(1) of this section
for the same purposes that a solid waste management district may
levy a fee under division (B) of section 3734.57 of the Revised
Code.
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The board of county commissioners may appropriate the
money from the fee by adopting a resolution establishing the
amount of the fee to be appropriated. Upon doing so, the board
of county commissioners shall mail a certified copy of the
resolution to the board of health of the health district in
which the construction and demolition debris facility or the
solid waste facility is located or, if the facility is located
in a health district that is not on the approved list under
section 3714.09 of the Revised Code, to the director. Upon
receipt of the copy of the resolution and not later than forty-
five days after receipt of money generated from the fee, the
board of health or the director, as applicable, shall transmit
to the treasurer of the county that portion of the money
generated from the disposal fee by the owner or operator of the
facility that is required by the resolution to be paid to that
county.
Money received by a county treasurer under this division
shall be paid into the general fund of the county. The county
treasurer shall maintain separate records of the money received
under this division.
A board of county commissioners may cease appropriating
money under this division by repealing the resolution that was
adopted under this division.
(E)(1) This section does not apply to the disposal of
construction and demolition debris at a solid waste facility
that is licensed under Chapter 3734. of the Revised Code if
there is no construction and demolition debris facility licensed
under this chapter within thirty-five miles of the solid waste
facility as determined by a facility's property boundaries.
(2) This section does not apply to the disposal of
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1534 S. B. No. 147 Page 52
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construction and demolition debris at a solid waste facility
that is licensed under Chapter 3734. of the Revised Code if the
owner or operator of the facility chooses to collect fees on the
disposal of the construction and demolition debris and asbestos
or asbestos-containing materials or products that are identical
to the fees that are collected under Chapters 343. and 3734. of
the Revised Code on the disposal of solid wastes at that
facility.
(3)(E) The solid waste management policy committee of a
county or joint solid waste management district may levy fees
upon the following activities:
(1) The disposal of construction and demolition debris and
asbestos or asbestos-containing materials or products generated
within the jurisdiction of the district at construction and
demolition debris facilities and solid waste disposal facilities
located within the district's jurisdiction;
(2) The disposal of construction and demolition debris and
asbestos or asbestos-containing materials or products generated
outside of the jurisdiction of the district, but inside this
state, at construction and demolition debris facilities and
solid waste disposal facilities located within the district's
jurisdiction;
(3) The disposal of construction and demolition debris and
asbestos or asbestos-containing materials or products generated
outside the boundaries of this state at construction and
demolition debris facilities and solid waste disposal facilities
located within the jurisdiction of the district.
The fee levied under division (E)(1) of this section shall
be not less than one dollar per ton nor more than two dollars
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1563 S. B. No. 147 Page 53
As Introduced
per ton, the fee levied under division (E)(2) of this section
shall be not less than two dollars per ton nor more than four
dollars per ton, and the fee levied under division (E)(3) of
this section shall be not more than the fee levied under
division (E)(1) of this section.
The district shall establish, amend, or repeal the
schedule of fees levied pursuant to this division in the same
manner that applies to fees levied under division (B) of section
3734.57 of the Revised Code. All procedural requirements
governing the administration and collection of solid waste fees
levied under divisions (A) and (B) of that section apply to the
administration and collection of the construction and demolition
debris fees levied under this division and collected by an owner
or operator of a solid waste facility or construction and
demolition debris facility. Such procedural requirements include
requirements governing fee collection and accounting, filing of
returns, extensions on returns, discounts, refunds or credits,
the conversion rate for fee collection in cubic yards, notices,
and district composition changes. Any notices required to be
made pursuant to those procedural requirements to the owner or
operator of a solid waste facility also shall be provided to the
owner or operator of a construction and demolition debris
facility for purposes of this division, when applicable.
The solid waste management district shall forward money
received from an owner or operator of a facility under this
division to the health district in which the facility is
located, which shall deposit it into the special fund
established under division (A)(4) of this section to be used
solely for the purposes specified in that division. However, a
solid waste management district shall not levy fees under this
division with respect to a construction and demolition debris
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1594 S. B. No. 147 Page 54
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facility or solid waste facility that is located in a health
district that is not on the approved list under section 3714.09
of the Revised Code.
(F) This section does not apply to the disposal of source
separated materials that are exclusively composed of reinforced
or nonreinforced concrete, asphalt, clay tile, building or
paving brick, or building or paving stone at a construction and
demolition debris facility that is licensed under this chapter
when either of the following applies:
(a)(1) The materials are placed within the limits of
construction and demolition debris placement at the facility as
specified in the license issued to the facility under section
3714.06 of the Revised Code, are not placed within the unloading
zone of the facility, and are used as a fire prevention measure
in accordance with rules adopted by the director under section
3714.02 of the Revised Code.
(b)(2) The materials are not placed within the unloading
zone of the facility or within the limits of construction and
demolition debris placement at the facility as specified in the
license issued to the facility under section 3714.06 of the
Revised Code, but are used as fill material, either alone or in
conjunction with clean soil, sand, gravel, or other clean
aggregates, in legitimate fill operations for construction
purposes at the facility or to bring the facility up to a
consistent grade.
Sec. 3714.073. (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
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1624 S. B. No. 147 Page 55
As Introduced
or at a solid waste facility that is licensed under Chapter
3734. of the Revised Code and on the disposal of asbestos or
asbestos-containing materials or products 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 the following fees:
(1) A fee of twelve and one-half cents per cubic yard or
twenty-five cents per ton, as applicable, the proceeds of which
shall be deposited in the state treasury to the credit of the
soil and water conservation district assistance fund created in
section 940.15 of the Revised Code;
(2) A fee of thirty-five cents per cubic yard or seventy
cents per ton, as applicable, the proceeds of which shall be
deposited in the state treasury to the credit of the recycling
and litter prevention fund created in section 3736.03 of the
Revised Code;
(3) A fee of two and one-half cents per cubic yard or five
cents per ton, as applicable, the proceeds of which shall be
deposited in the state treasury to the credit of the waste
management fund created in section 3734.061 of the Revised Code.
(B) The owner or operator of a construction and demolition
debris facility or a solid waste facility, as a trustee of the
state, shall calculate the amount of money generated from the
fees levied under this section and remit the money from the fees
in the manner that is established in divisions (A)(2) and (3) of
section 3714.07 of the Revised Code for the fee that is levied
under division (A)(1) of that section and may enter into an
agreement for the quarterly payment of money generated from the
fees in the manner established in division (B) of that section
for the quarterly payment of money generated from the fee that
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1654 S. B. No. 147 Page 56
As Introduced
is levied under division (A)(1) of that section.
(C) The amount of money that is calculated by the owner or
operator of a construction and demolition debris facility or a
solid waste facility and remitted to a board of health or the
director of environmental protection, as applicable, pursuant to
this section shall be transmitted by the board or director to
the treasurer of state not later than forty-five days after the
receipt of the money to be credited to the soil and water
conservation district assistance fund or the recycling and
litter prevention fund, as applicable.
(D) This section does not apply to the disposal of
construction and demolition debris at a solid waste facility
that is licensed under Chapter 3734. of the Revised Code if the
owner or operator of the facility chooses to collect fees on the
disposal of the construction and demolition debris and asbestos
or asbestos-containing materials or products that are identical
to the fees that are collected under Chapters 343. and 3734. of
the Revised Code on the disposal of solid wastes at that
facility.
(E) This section does not apply to the disposal of source
separated materials that are exclusively composed of reinforced
or nonreinforced concrete, asphalt, clay tile, building or
paving brick, or building or paving stone at a construction and
demolition debris facility that is licensed under this chapter
when either of the following applies:
(1) The materials are placed within the limits of
construction and demolition debris placement at the facility as
specified in the license issued to the facility under section
3714.06 of the Revised Code, are not placed within the unloading
zone of the facility, and are used as a fire prevention measure
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1684 S. B. No. 147 Page 57
As Introduced
in accordance with rules adopted by the director under section
3714.02 of the Revised Code.
(2) The materials are not placed within the unloading zone
of the facility or within the limits of construction and
demolition debris placement at the facility as specified in the
license issued to the facility under section 3714.06 of the
Revised Code, but are used as fill material, either alone or in
conjunction with clean soil, sand, gravel, or other clean
aggregates, in legitimate fill operations for construction
purposes at the facility or to bring the facility up to a
consistent grade.
Sec. 3734.521. (A) As used in this section and sections
3734.531 and 3734.57 of the Revised Code, "change in district
composition" or "change" includes the withdrawal of a county
from a joint solid waste management district, the establishment
of a new county or joint district, the joinder of a county to an
existing joint district, the union of two or more joint
districts, or any combination thereof.
(B) In addition to the requirements under Chapter 343. of
the Revised Code, the requirements of this section govern a
change in district composition when any of the districts
involved are operating under a solid waste management plan or
amended plan approved or ordered to be implemented under this
section or section 3734.55 or 3734.56 of the Revised Code.
(C) For purposes of preparing the initial and amended
solid waste management plans for the county and joint districts
resulting from any proposed change in district composition, the
solid waste management policy committee for the proposed
resulting districts shall consist of the members prescribed in
division (B) of section 3734.54 of the Revised Code from each
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1714 S. B. No. 147 Page 58
As Introduced
county within the proposed district and shall include an
additional public member only when one is required to be
appointed under division (C) of section 3734.54 of the Revised
Code.
(D) In the case of a proposed establishment of a new joint
district, joinder of a county to an existing joint district, or
union of existing joint districts that only involves existing
county or joint districts that are operating under solid waste
management plans or amended plans approved under this section or
section 3734.55 or 3734.56 of the Revised Code and that does not
involve the withdrawal of a county from an existing joint
district, the solid waste management policy committee of the
proposed joint district resulting from the change shall do all
of the following:
(1) Prepare a draft initial or amended solid waste
management plan for the proposed joint district that complies
with divisions (A), (B), (D), and (E)(1) of section 3734.53 of
the Revised Code;
(2) Upon completion of the draft initial or amended plan
for the proposed joint district, proceed to adopt and obtain
approval of it in accordance with divisions (A), (B), and (C)(1)
to (3) of section 3734.55 of the Revised Code;
(3) Submit the initial or amended plan for the proposed
joint district to the director of environmental protection for
approval not earlier than one hundred eighty days and not later
than ninety days before the date that one of the existing
districts involved in the proposed change is required to submit
an amended plan under section 3734.56 of the Revised Code.
If any such proposed joint district fails to submit its
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As Introduced
plan or amended plan, as appropriate, to the director on or
before the date required under division (D)(3) of this section,
the proposed change shall not occur, and the director shall
proceed in accordance with division (D) of section 3734.55 of
the Revised Code to prepare an amended plan for each of the
existing districts and order the implementation of the amended
plans. If the proposed joint district fails to obtain approval
of its initial or amended plan, as appropriate, within eighteen
months after the date for submission of its initial or amended
plan required under division (D)(3) of this section, the
director shall proceed in accordance with division (D) of
section 3734.55 of the Revised Code to prepare a plan or amended
plan, as appropriate, for the proposed joint district and to
order the implementation of the plan or amended plan.
(E) In the case of a proposed change in district
composition that involves an existing district that is operating
under a solid waste management plan or amended plan prepared and
ordered to be implemented by the director under this section or
section 3734.55 or 3734.56 of the Revised Code or that involves
the withdrawal of a county from an existing joint district, the
solid waste management policy committee of each of the districts
resulting from the proposed change, not later than twenty months
before one of the existing districts is required to submit an
amended solid waste management plan under section 3734.56 of the
Revised Code or twenty months before the triennial anniversary
of the issuance of the order under division (D) or (F)(1) or (2)
of this section or division (D) of section 3734.55 of the
Revised Code requiring one of the districts involved to
implement a plan prepared and ordered to be implemented under
any of those divisions, shall submit to the director a
preliminary demonstration of the availability of or access to
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As Introduced
solid waste management facility capacity under division (E)(1)
or (2) of this section, as appropriate. The preliminary
demonstrations of each of the proposed districts shall be
submitted to the director at the same time.
As used in divisions (E) and (F) of this section,
"preliminary demonstration of capacity" means the certification
and demonstration required to be submitted under division (E)(1)
of this section or the statement and financial feasibility study
required to be submitted under division (E)(2) of this section,
as appropriate.
(1) If a proposed district has located within its
boundaries one or more solid waste facilities that have
sufficient remaining capacity to dispose of all the solid waste
generated within its boundaries during the subsequent ten-year
period, or if the county or counties proposing to form the
district have entered into one or more firm contracts or
agreements that in the aggregate provide for the disposal of all
the solid wastes generated within the proposed district during
the subsequent ten-year period at facilities located outside the
district or this state, the solid waste management policy
committee of the proposed district shall submit to the director
a certification and demonstration by the committee of the
availability of or access to sufficient solid waste management
facility capacity to provide for the disposal of all the solid
wastes generated within the proposed district during that ten-
year period.
The director shall approve or disapprove a preliminary
demonstration of capacity within sixty days after receiving it.
If the director finds that the policy committee has made the
demonstration required by division (E)(1) of this section, he
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1804 S. B. No. 147 Page 61
As Introduced
shall approve the preliminary demonstration. Otherwise, the
director shall disapprove the preliminary demonstration.
(2) If a proposed district does not have sufficient solid
waste management facility capacity within its boundaries or
access to sufficient capacity by contract or agreement to make
the demonstration required by division (E)(1) of this section,
the solid waste management policy committee of the proposed
district shall submit to the director a statement as to how the
proposed district will provide for sufficient solid waste
management facility capacity to dispose of all solid wastes
generated within its boundaries during the subsequent ten-year
period. The statement shall be accompanied by a study of the
financial feasibility of the measures proposed in the statement.
The statement and financial feasibility study shall contain an
inventory of all existing solid waste disposal, transfer, and
resource recovery facilities and recycling activities within the
proposed district and estimates of the remaining capacity
available at each such facility; estimates of the amounts of
solid wastes that will be generated within the proposed district
during each year of the subsequent ten-year period; an
identification of the additional solid waste management
facilities and capacity that the proposed district intends to
provide to dispose of the estimated amounts of solid wastes; a
schedule for implementation of the measures proposed in the
statement; if appropriate, estimates of the capital and
operating costs of the additional facilities that the district
intends to provide and of the rates to be charged to meet those
costs; and, if appropriate, rates to be charged to meet the
costs of capacity that the district intends to provide by
contract or agreement.
The director shall approve or disapprove a statement and
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As Introduced
financial feasibility study within sixty days after receiving
them. The director shall approve a statement and financial
feasibility study only if they demonstrate a technically
feasible and economically reasonable means of providing for the
environmentally sound management of solid wastes generated in
the district during the subsequent ten-year period. Otherwise,
the director shall disapprove the statement and financial
feasibility study.
(3) Upon approving or disapproving a preliminary
demonstration of capacity under division (E)(1) or (2) of this
section, the director shall provide written notice of his
decision to the solid waste management policy committee that
submitted it. If the director disapproves the preliminary
demonstration of any of the proposed districts, the change in
district composition shall not occur. The solid waste management
policy committee of each of the existing districts operating
under a solid waste management plan approved under this section
or section 3734.55 of the Revised Code or an amended plan
approved under this section or section 3734.56 of the Revised
Code then shall proceed to adopt and obtain approval of an
amended plan in accordance with division (A) of section 3734.56
of the Revised Code. If any of the existing districts is
operating under a plan or an amended plan ordered to be
implemented under this section or section 3734.55 or 3734.56 of
the Revised Code, the director then shall proceed in accordance
with division (B) of section 3734.56 of the Revised Code to
prepare an amended plan for each such district and order the
implementation of the amended plan. Division (E)(3) of this
section does not preclude an existing district that is operating
under a plan or amended plan prepared and ordered to be
implemented by the director from proceeding under division (C)
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As Introduced
of section 3734.56 of the Revised Code to prepare and obtain
approval of a plan to replace the initial or amended plan
prepared by the director.
(4) If the director approves the preliminary demonstration
of each of the proposed districts resulting from the change in
district composition under division (E)(1) or (2) of this
section, the solid waste management policy committee of each of
the proposed districts shall begin preparing a draft initial
solid waste management plan for the district, and the committee
of the remaining joint district, if any, shall begin preparing a
draft amended plan for the joint district. The initial or
amended plan and certification of capacity shall comply with
divisions (A), (B), (D), and (E)(1) of section 3734.53 of the
Revised Code. Upon completion of the draft initial or amended
plan for the proposed district, the committee shall proceed to
adopt and obtain approval of it in accordance with divisions
(A), (B), and (C)(1) to (3) of section 3734.55 of the Revised
Code. The initial plans of the proposed districts and the
amended plan of the remaining joint district, if any, shall be
submitted to the director at the same time and shall be
submitted not later than twenty months after the proposed
districts submitted their preliminary demonstrations of capacity
under division (E)(1) or (2) of this section. If any of the
proposed districts fails to submit its plan or amended plan to
the director on or before the required date, the proposed change
shall not occur, and the director then shall proceed in
accordance with division (D) of section 3734.55 of the Revised
Code to prepare an amended plan for each of the existing
districts and to order the implementation of the amended plans.
(F) If any of the proposed districts resulting from a
change in district composition, or the remaining joint district,
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if any, that is required to submit a preliminary demonstration
of capacity under division (E)(1) or (2) of this section fails
to obtain approval of its plan or amended plan within thirty-
eight months after the submission of its preliminary
demonstration of capacity, the director shall determine what
actions are necessary to ensure that each county involved in the
proposed change will be included in a district that either will
have within its boundaries sufficient solid waste management
facility capacity to provide for the disposal of all of the
solid wastes generated within its boundaries during the
subsequent ten-year period or will have access to sufficient
capacity at facilities located outside the district or this
state by contract or agreement to dispose of all of the solid
wastes generated within the district during that ten-year
period. Based upon that determination, the director shall do
either of the following, as appropriate:
(1) If the director determines that the solid waste
management needs of each of the counties involved can be met if
the proposed change were to occur, he shall prepare an initial
or amended plan that complies with divisions (A) and (D) of
section 3734.53 of the Revised Code for each of the proposed or
existing districts that failed to obtain approval of its plan or
amended plan within thirty-eight months after the districts were
required to submit their preliminary demonstrations of capacity
under division (E)(1) or (2) of this section. None of the plans
or amended plans prepared by the director shall contain any of
the provisions required or authorized to be included in plans
submitted by districts under division (B), (C), or (E) of
section 3734.53 of the Revised Code. Upon completion of each
such plan or amended plan, the director shall issue an order in
accordance with Chapter 3745. of the Revised Code directing the
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board of county commissioners or directors of the district for
which the plan or amended plan was prepared to implement it in
compliance with the implementation schedule contained in it.
(2) If the director determines that the solid waste
management needs of each of the counties involved cannot be met
if the proposed change in district composition were to occur, he
shall make a determination as to how county or joint districts
should be formed from among those counties to ensure that each
will be included in a district that either will have within its
boundaries sufficient solid waste management facility capacity
to provide for the disposal of all the solid wastes generated
within the district during the subsequent ten-year period or
will have access to sufficient capacity at facilities located
outside the district or this state by contract or agreement to
dispose of all the solid wastes generated within the district
during that ten-year period. After making his determination, the
director shall prepare an initial or amended solid waste
management plan for each of them. If the director determines
that any existing district involved in the proposed change
should be retained without a modification in its composition,
the director shall prepare an amended plan for the district. The
director shall prepare an initial or amended plan for each
district whose composition would be changed under his
determination. Each such plan or amended plan shall comply with
divisions (A) and (D) of section 3734.53 of the Revised Code.
None of the plans or amended plans shall contain any of the
provisions required or authorized to be included in plans under
division (B), (C), or (E) of that section.
If a plan prepared under this division provides for the
establishment of a joint district by two or more counties that
had each previously formed a county district, the director, in
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1959 S. B. No. 147 Page 66
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accordance with Chapter 3745. of the Revised Code, shall issue
an order to the board of county commissioners of each of the
counties directing them to enter into an agreement to form a
joint district under division (A) of section 343.01 of the
Revised Code within thirty days after the issuance of the order.
If a plan or amended plan prepared by the director provides for
the withdrawal of one or more counties from an existing joint
district, the establishment of a new joint district, the joinder
of one or more counties to an existing joint district, or the
union of two or more existing joint districts, the director, in
accordance with Chapter 3745. of the Revised Code, shall issue
appropriate orders to the board of county commissioners of each
county or existing county district and to the board of directors
of each joint district that will be affected by the plan
directing the board of county commissioners or directors, within
thirty days after the issuance of the order, to adopt the
appropriate resolutions and enter into any necessary agreements
under division (B) of section 343.01 of the Revised Code to
effect the changes provided for in the plan. The requirements
and procedures for approval of the withdrawal from,
establishment of, joinder to, or union of districts under
section 343.012 of the Revised Code do not apply to changes
ordered under division (F)(2) of this section. The other
provisions of that section do apply to changes ordered under
division (F)(2) of this section.
Any order issued by the director under division (F)(2) of
this section also shall require the district to be formed
pursuant to the order to implement the plan or amended plan
prepared by the director in compliance with the implementation
schedule contained in the plan.
(G) No proposed change in district composition shall
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1990 S. B. No. 147 Page 67
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become final until one of the following has occurred:
(1) The director has approved the solid waste management
plan of each newly formed district under section 3734.55 of the
Revised Code and the amended plan of the remaining joint
district, if any, under section 3734.56 of the Revised Code;
(2) In the case of a joint district subject to division
(D) of this section that failed to obtain approval of its plan
or amended plan on or before the date required under that
division, the director has prepared a plan or amended plan for
the district and has issued an order to the district directing
it to implement the plan or amended plan prepared by the
director;
(3) If the circumstances described in division (F)(1) of
this section apply, the director has prepared a plan or amended
plan for each of the districts involved that failed to obtain
approval of its plan or amended plan on or before the date
required under that division and has issued an order to each of
them under that division directing the district to implement the
plan prepared by the director, and the director has approved the
plan or amended plan of each of the other proposed districts;
(4) If the circumstances described in division (F)(2) of
this section apply, the director has prepared a plan or amended
plan for each of the districts set forth in the determination
made under that division and has issued an order under that
division directing each of the districts to implement the
initial or amended plan prepared for it by the director In the
case of a proposed change in district composition that involves
the withdrawal of a county from an existing joint district, the
director of environmental protection has effectuated the change
in district composition in accordance with section 3734.522 of
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2020 S. B. No. 147 Page 68
As Introduced
the Revised Code, including providing for the preparation and
adoption of plans in accordance with applicable provisions of
this chapter.
(H) In addition to the requirements of division (G) of
this section, if a change in district composition involves the
withdrawal of a county from a joint district, it shall not
become final until the county ceases to be a part of the joint
district from which it is withdrawing pursuant to division (B)
of section 343.012 of the Revised Code.
Sec. 3734.522. (A) As used in this section, "deliver" has
the same meaning as in division (G)(2) of section 3734.55 of the
Revised Code.
(B) The board of county commissioners of a county that is
a member of a joint solid waste management district may withdraw
from the district by doing all of the following:
(1) Adopting a resolution declaring that the county will
unilaterally withdraw from the district;
(2) Providing the notice required under division (C) of
this section;
(3) Complying with the requirements under division (D) of
this section governing the memorandum of understanding.
(C) Upon adopting the resolution under division (B) of
this section, the board shall deliver a copy of it to the board
of directors of the district. Upon receiving the resolution, the
board of directors shall deliver written notice of the proposed
withdrawal to the boards of county commissioners of the other
counties forming the joint district and to the director of
environmental protection.
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(D) If a board of county commissioners adopts a resolution
under division (B) of this section, the boards of county
commissioners of all the counties that are members of the
district shall enter into a memorandum of understanding within
forty-five days after notice of the withdrawal is received in
accordance with division (C) of this section. The memorandum of
understanding shall describe the terms of how the counties that
comprise the joint district will operate as a joint district
during a two-year period beginning on the date that the
memorandum of understanding is agreed upon by all counties that
comprise the joint district. In the event that those counties do
not agree upon the terms of the memorandum of understanding, the
county that is withdrawing shall, within ten days after it is
determined that an agreement cannot be reached by the counties,
request a court of common pleas located in a county adjacent to
the withdrawing county to hear the parties and decide the terms
of the memorandum of understanding on behalf of the counties.
Not later than ninety days after the request is made, the court
of common pleas shall hear the parties and issue an order that
details the terms of the memorandum of understanding. The
memorandum of understanding expires two years after the date
that memorandum of understanding is entered into by the counties
or the court issues the order determining the details of the
memorandum of understanding, as applicable, unless all parties
agree in writing to an earlier date.
If a board of county commissioners wishes to extend the
term of the memorandum of understanding, the board, prior to
sixty days before the memorandum is scheduled to expire, shall
request the boards of county commissioners of all other counties
that form the joint district to agree to the extension and shall
include in the request the period of time proposed for the
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2079 S. B. No. 147 Page 70
As Introduced
extension, which shall not exceed forty-five days. If all such
boards agree to the extension, the memorandum of understanding
is extended for such time period as agreed to. If a court of
common pleas issued an order establishing the terms of the
memorandum of understanding, the board of county commissioners
seeking the extension, prior to sixty days before the memorandum
is scheduled to expire, may request the court to extend the
memorandum. If so requested, the court shall issue an order
either denying an extension or extending the term of the
memorandum by a period of not to exceed forty-five days.
(E) The director of environmental protection shall take
all actions necessary under this chapter to effectuate the
withdrawal of a county from a joint solid waste management
district pursuant to a memorandum of understanding executed
under this section so that the withdrawal is effective upon the
expiration date of the memorandum of understanding. The director
shall begin taking all such necessary actions on the date that
such memorandum is executed.
(F) Notwithstanding any provision of law to the contrary,
on the date that the memorandum of understanding expires, all of
the following apply:
(1) The withdrawing county is severed from the joint
district, becomes a county solid waste management district, and
shall comply with all necessary provisions of Chapter 343. of
the Revised Code and this chapter that apply to county solid
waste management districts. The severed county's members on the
board of directors of the joint district cease to be members of
that board. That board's power to levy a tax upon taxable
property in the severed county to support the former joint
district terminates, except that each county of the former
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2109 S. B. No. 147 Page 71
As Introduced
district shall continue to levy and collect any taxes levied for
the payment of indebtedness of the district that was incurred
prior to the severed county's withdrawal from the district.
Pursuant to the memorandum of understanding, all funds on hand,
credits, and real and personal property of the district shall be
ascertained and apportioned, either in money or in kind, on any
equitable basis between the district and the withdrawing county.
(2) The county or counties remaining in the former joint
district become a county or joint solid waste management
district, as applicable, and shall comply with all necessary
provisions of Chapter 343. of the Revised Code and this chapter
that apply to county or joint solid waste management districts.
(3) The solid waste management policy committee of the
severed county and such committee of the county or counties of
the remaining district may form or join a joint solid waste
management district or a regional solid waste management
authority as provided in this chapter and Chapter 343. of the
Revised Code. However, in no circumstance shall the director
require the county or counties to form or join a joint district
or regional solid waste management authority.
Sec. 3734.53. (A) The solid waste management plan of any
county or joint solid waste management district shall be
prepared in a format prescribed by the director of environmental
protection and shall provide for compliance with the objectives
of the state solid waste management plan and rules adopted under
section 3734.50 of the Revised Code. The plan shall provide for,
demonstrate, and certify the availability of and access to
sufficient solid waste management facility capacity to meet the
solid waste management needs of the district for the ten-year
period covered by the plan. The solid waste management policy
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2139 S. B. No. 147 Page 72
As Introduced
committee of a county or joint district created in section
3734.54 of the Revised Code may prepare and submit a solid waste
management plan that covers and makes the required demonstration
for a longer period of time.
The solid waste management plan shall contain all of the
following:
(1) An inventory of the sources, composition, and
quantities of solid wastes generated in the district during the
current year;
(2) An inventory of all existing facilities where solid
wastes are being disposed of, all resource recovery facilities,
and all recycling activities within the district. The inventory
shall identify each such facility or activity and, for each
disposal facility, shall estimate the remaining disposal
capacity available at the facility. The inventory shall be
accompanied by a map that shows the location of each such
existing facility or activity.
(3) An inventory of existing solid waste collection
systems and routes, transportation systems and routes, and
transfer facilities within the district. The inventory shall
identify the entities engaging in solid waste collection within
the district.
(4) An inventory of open dumping sites for solid wastes,
including solid wastes consisting of scrap tires, and facilities
for the disposal of fly ash and bottom ash, foundry sand, and
slag within the district. The inventory shall identify each such
site or facility and shall be accompanied by a map that shows
the location of each of them.
(5) A projection of population changes within the district
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As Introduced
during the next ten years;
(6) For each year of the forecast period, projections of
the amounts and composition of solid wastes that will be
generated within the district, the amounts of solid wastes
originating outside the district that will be brought into the
district for disposal or resource recovery, the nature of
industrial activities within the district, and the effect of
newly regulated waste streams, solid waste minimization
activities, and solid waste recycling and reuse activities on
solid waste generation rates. For each year of the forecast
period, projections of waste quantities shall be compiled as an
aggregate quantity of wastes.
(7) An identification of the additional solid waste
management facilities and the amount of additional capacity
needed to dispose of the quantities of wastes projected in
division (A)(6) of this section;
(8) A strategy for identification of sites for the
additional solid waste management facilities and capacity
identified under division (A)(7) of this section;
(9) An analysis and comparison of the capital and
operating costs of the solid waste disposal facilities, solid
waste resource recovery facilities, and solid waste recycling
and reuse activities necessary to meet the solid waste
management needs of the district, projected in five- and ten-
year increments;
(10) An analysis of expenses for which the district is
liable under section 3734.35 of the Revised Code;
(11) A projection of solid waste transfer facilities that
will be needed in conjunction with existing solid waste
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As Introduced
facilities and those projected under division (A)(7) of this
section;
(12) Such other projections as the district considers
necessary or appropriate to ascertain and meet the solid waste
management needs of the district during the period covered by
the plan;
(13) A schedule for implementation of the plan that, when
applicable, contains all of the following:
(a) An identification of the solid waste disposal,
transfer, and resource recovery facilities and recycling
activities contained in the plan where solid wastes generated
within or transported into the district will be taken for
disposal, transfer, resource recovery, or recycling. An initial
or amended plan prepared and ordered to be implemented by the
director under section 3734.521, 3734.55, or 3734.56 of the
Revised Code may designate solid waste disposal, transfer, or
resource recovery facilities or recycling activities that are
owned by a municipal corporation, county, county or joint solid
waste management district, township, or township waste disposal
district created under section 505.28 of the Revised Code for
which debt issued under Chapter 133., 343., or 6123. of the
Revised Code is outstanding where solid wastes generated within
or transported into the district shall be taken for disposal,
transfer, resource recovery, or recycling.
(b) A schedule for closure of existing solid waste
facilities, expansion of existing facilities, and establishment
of new facilities. The schedule for expansion of existing
facilities or establishment of new facilities shall include,
without limitation, the approximate dates for filing
applications for appropriate permits to install or modify those
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As Introduced
facilities under section 3734.05 of the Revised Code.
(c) A schedule for implementation of solid waste
recycling, reuse, and reduction programs needed to meet the
waste reduction, recycling, reuse, and minimization objectives
of the state solid waste management plan and rules adopted by
the director under section 3734.50 of the Revised Code;
(d) The methods of financing implementation of the plan
and a demonstration of the availability of financial resources
for that purpose.
(14) A program for providing informational or technical
assistance regarding source reduction to solid waste generators,
or particular categories of solid waste generators, within the
district. The plan shall set forth the types of assistance to be
provided by the district and the specific categories of
generators that are to be served. The district has the sole
discretion to determine the types of assistance that are to be
provided under the program and the categories of generators to
be served by it.
(B) In addition to the information, projections,
demonstrations, and certification required by division (A) of
this section, a plan shall do all of the following:
(1) Establish the schedule of fees, if any, to be levied
under divisions (B)(1) to (3) of section 3734.57 of the Revised
Code;
(2) Establish the fee, if any, to be levied under division
(A) of section 3734.573 of the Revised Code;
(3) Contain provisions governing the allocation among the
purposes enumerated in divisions (G)(1) to (10) division (G) of
section 3734.57 of the Revised Code of the moneys credited to
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As Introduced
the special fund of the district under that division (G) of that
section that are available for expenditure by the district under
that division. The plan shall do all of the following:
(a) Ensure that sufficient of the moneys so credited to
and available from the special fund are available for use by the
solid waste management policy committee of the district at the
time the moneys are needed to monitor implementation of the plan
and conduct its periodic review and amendment as required under
section 3734.56 of the Revised Code;
(b) Contain provisions governing the allocation and
distribution of moneys credited to and available from the
special fund of the district to health districts within the
county or joint district that have approved programs under
section 3734.08 of the Revised Code for the purposes of division
(G)(3) of section 3734.57 of the Revised Code;
(c) Contain provisions governing the allocation and
distribution of moneys credited to and available from the
special fund of the district to the county in which solid waste
facilities are or are to be located and operated under the plan
for the purposes of division (G)(4) of section 3734.57 of the
Revised Code;
(d) Contain provisions governing the allocation and
distribution, pursuant to contracts entered into for that
purpose, of moneys credited to and available from the special
fund of the district to boards of health within the district in
which solid waste facilities contained in the district's plan
are located for the purposes of division (G)(5) of section
3734.57 of the Revised Code.
(4) Incorporate all solid waste recycling activities that
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As Introduced
were in operation within the district on the effective date of
the plan.
(C) The solid waste management plan of a county or joint
district may provide for the adoption of rules under division
(G) of section 343.01 of the Revised Code after approval of the
plan under section 3734.521 or 3734.55 of the Revised Code doing
any or all of the following:
(1) Prohibiting or limiting the receipt at facilities
located within the solid waste management district of solid
wastes generated outside the district or outside a prescribed
service area consistent with the projections under divisions (A)
(6) and (7) of this section. However, rules adopted by a board
under division (C)(1) of this section may be adopted and
enforced with respect to solid waste disposal facilities in the
solid waste management district that are not owned by a county
or the solid waste management district only if the board submits
an application to the director of environmental protection that
demonstrates that there is insufficient capacity to dispose of
all solid wastes that are generated within the district at the
solid waste disposal facilities located within the district and
the director approves the application. The demonstration in the
application shall be based on projections contained in the plan
or amended plan of the district. The director shall establish
the form of the application. The approval or disapproval of such
an application by the director is an action that is appealable
under section 3745.04 of the Revised Code.
In addition, the director of environmental protection may
issue an order modifying a rule authorized to be adopted under
division (C)(1) of this section to allow the disposal in the
district of wastes from another county or joint solid waste
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As Introduced
management district if all of the following apply:
(a) The district in which the wastes were generated does
not have sufficient capacity to dispose of solid wastes
generated within it for six months following the date of the
director's order;
(b) No new solid waste facilities will begin operation
during those six months in the district in which the wastes were
generated and, despite good faith efforts to do so, it is
impossible to site new solid waste facilities within the
district because of its high population density;
(c) The district in which the wastes were generated has
made good faith efforts to negotiate with other districts to
incorporate its disposal needs within those districts' solid
waste management plans, including efforts to develop joint
facilities authorized under section 343.02 of the Revised Code,
and the efforts have been unsuccessful;
(d) The district in which the wastes were generated has
located a facility willing to accept the district's solid wastes
for disposal within the receiving district;
(e) The district in which the wastes were generated has
demonstrated to the director that the conditions specified in
divisions (C)(1)(a) to (d) of this section have been met;
(f) The director finds that the issuance of the order will
be consistent with the state solid waste management plan and
that receipt of the out-of-district wastes will not limit the
capacity of the receiving district to dispose of its in-district
wastes to less than eight years. Any order issued under division
(C)(1) of this section shall not become final until thirty days
after it has been served by certified mail upon the county or
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2344 S. B. No. 147 Page 79
As Introduced
joint solid waste management district that will receive the out-
of-district wastes.
(2) Governing the maintenance, protection, and use of
solid waste collection, storage, disposal, transfer, recycling,
processing, and resource recovery facilities within the district
and requiring the submission of general plans and specifications
for the construction, enlargement, or modification of any such
facility to the board of county commissioners or board of
directors of the district for review and approval as complying
with the plan or amended plan of the district;
(3) Governing development and implementation of a program
for the inspection of solid wastes generated outside the
boundaries of the state that are being disposed of at solid
waste facilities included in the district's plan;
(4) Exempting the owner or operator of any existing or
proposed solid waste facility provided for in the plan from
compliance with any amendment to a township zoning resolution
adopted under section 519.12 of the Revised Code or to a county
rural zoning resolution adopted under section 303.12 of the
Revised Code that rezoned or redistricted the parcel or parcels
upon which the facility is to be constructed or modified and
that became effective within two years prior to the filing of an
application for a permit required under division (A)(2)(a) of
section 3734.05 of the Revised Code to open a new or modify an
existing solid waste facility.
(D) Except for the inventories required by divisions (A)
(1), (2), and (4) of this section and the projections required
by division (A)(6) of this section, neither this section nor the
solid waste management plan of a county or joint district
applies to the construction, operation, use, repair, or
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2374 S. B. No. 147 Page 80
As Introduced
maintenance of either of the following:
(1) A solid waste facility owned by a generator of solid
wastes when the solid waste facility exclusively disposes of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(2) A facility that exclusively disposes 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 garbage at one or more
premises owned by the generator.
(E)(1) The initial solid waste management plans prepared
by county or joint districts under section 3734.521 of the
Revised Code and the amended plans prepared under section
3734.521 or 3734.56 of the Revised Code shall contain a clear
statement as to whether the board of county commissioners or
directors is authorized to or precluded from establishing
facility designations under section 343.014 of the Revised Code.
(2) A policy committee that is preparing a draft or
revised draft plan under section 3734.55 of the Revised Code on
October 29, 1993, may include in the draft or revised draft plan
only one of the following pertaining to the solid waste
facilities or recycling activities where solid wastes generated
within or transported into the district are to be taken for
disposal, transfer, resource recovery, or recycling:
(a) The designations required under former division (A)
(12)(a) of this section as it existed prior to October 29, 1993;
(b) The identifications required in division (A)(12)(a) of
this section and the statement required under division (E)(1) of
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2403 S. B. No. 147 Page 81
As Introduced
this section;
(c) Both of the following:
(i) The designations required under former division (A)
(12)(a) of this section as it existed prior to October 29, 1993,
except that those designations only shall pertain to solid waste
disposal, transfer, or resource recovery facilities or recycling
activities that are owned by a municipal corporation, county,
county or joint solid waste management district, township, or
township waste disposal district created under section 505.28 of
the Revised Code for which debt issued under Chapter 133., 343.,
or 6123. of the Revised Code is outstanding;
(ii) The identifications required under division (A)(12)
(a) of this section, and the statement required under division
(E)(1) of this section, pertaining to the solid waste facilities
and recycling activities described in division (A) of section
343.014 of the Revised Code.
(F) Notwithstanding section 3734.01 of the Revised Code,
"solid wastes" does not include scrap tires and "facility" does
not include any scrap tire collection, storage, monocell,
monofill, or recovery facility in either of the following
circumstances:
(1) For the purposes of an initial plan prepared and
ordered to be implemented by the director under section 3734.55
of the Revised Code;
(2) For the purposes of an initial or amended plan
prepared and ordered to be implemented by the director under
division (D) or (F)(1) or (2) of section 3734.521 of the Revised
Code in connection with a change in district composition as
defined in that section that involves an existing district that
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2432 S. B. No. 147 Page 82
As Introduced
is operating under either an initial plan approved or prepared
and ordered to be implemented under section 3734.55 of the
Revised Code or an initial or amended plan approved or prepared
and ordered to be implemented under section 3734.521 of the
Revised Code that does not provide for the management of scrap
tires and scrap tire facilities.
(G) Notwithstanding section 3734.01 of the Revised Code,
and except as provided in division (A)(4) of this section,
"solid wastes" need not include scrap tires and "facility" need
not include any scrap tire collection, storage, monocell,
monofill, or recovery facility in either of the following
circumstances:
(1) For for the purposes of an initial plan prepared under
sections 3734.54 and 3734.55 of the Revised Code unless the
solid waste management policy committee preparing the initial
plan chooses to include the management of scrap tires and scrap
tire facilities in the plan ;
(2) For the purposes of a preliminary demonstration of
capacity as defined in section 3734.521 of the Revised Code, if
any, and an initial or amended plan prepared under that section
by the solid waste management policy committee of a solid waste
management district resulting from proceedings for a change in
district composition under sections 343.012 and 3734.521 of the
Revised Code that involves an existing district that is
operating either under an initial plan approved or prepared and
ordered to be implemented under section 3734.55 of the Revised
Code or under an initial or amended plan approved or prepared
and ordered to be implemented under section 3734.521 of the
Revised Code that does not provide for the management of scrap
tires and scrap tire facilities unless the solid waste
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2462 S. B. No. 147 Page 83
As Introduced
management policy committee of the district resulting from the
change chooses to include the management of scrap tires and
scrap tire facilities in the preliminary demonstration of
capacity, if any, and the initial or amended plan prepared under
section 3734.521 of the Revised Code in connection with the
change proceedings.
If a policy committee chooses to include the management of
scrap tires and scrap tire facilities in an initial plan
pursuant to division (G)(1) of this section, the initial plan
shall incorporate all of the elements required under this
section, and may incorporate any of the elements authorized
under this section, for the purpose of managing solid wastes
that consist of scrap tires and solid waste facilities that are
scrap tire collection, storage, monocell, monofill, or recovery
facilities. If a policy committee chooses to provide for the
management of scrap tires and scrap tire facilities pursuant to
division (G)(2) of this section, the preliminary demonstration
of capacity, if one is required, shall incorporate all of the
elements required under division (E)(1) or (2) of section
3734.521 of the Revised Code, as appropriate, for the purpose of
managing solid wastes that consist of scrap tires and solid
waste facilities that are scrap tire collection, storage,
monocell, monofill, or recovery facilities. The initial or
amended plan also shall incorporate all of the elements required
under this section, and may incorporate any of the elements
authorized under this section, for the purpose of managing solid
wastes that consist of scrap tires and solid waste facilities
that are scrap tire collection, storage, monocell, monofill, or
recovery facilities.
(H) Neither this section nor the solid waste management
plan of a county or joint district applies to the construction,
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2493 S. B. No. 147 Page 84
As Introduced
operation, use, repair, or maintenance of any compost facility
that exclusively composts raw rendering material.
Sec. 3734.56. (A) Each county and joint solid waste
management district having a solid waste management plan
approved under section 3734.521 or 3734.55 of the Revised Code
with a planning period of less than fifteen years shall submit
triennially, on or before the anniversary date of the approval
of the initial plan, to the director of environmental protection
an amended plan and certification for the subsequent ten-year
period or longer period on which the district's initial plan was
based. If the district's initial plan as approved by the
director contained a planning period of fifteen or more years,
the district shall submit such an amended plan and certification
to the director every five years on or before the anniversary
date of the approval of the initial plan of the district.
The amended plan and certification shall comply with
divisions (A), (B), (D), and (E)(1) of section 3734.53 of the
Revised Code. An amended plan may incorporate any of the
elements under division (C) of that section that are not
included in the district's initial plan or previous amended
plans and may delete any of those elements that were contained
in the initial plan or previous amended plans. An amended plan
shall incorporate all of the elements required under section
3734.53 of the Revised Code, and may incorporate any of the
elements authorized under that section, for the purpose of
managing solid wastes that consist of scrap tires and solid
waste facilities that are scrap tire collection, storage,
monocell, monofill, or recovery facilities.
Not later than fifteen months before the required date for
submission of the amended plan for the district under this
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2523 S. B. No. 147 Page 85
As Introduced
section, the solid waste management policy committee of the
county or joint district established under section 3734.54 of
the Revised Code shall begin preparation of the draft amended
plan for the district. The committee shall proceed to adopt and
obtain approval of the amended plan of the district in
accordance with divisions (A) to (C) of section 3734.55 of the
Revised Code.
If a county or joint district fails to submit an amended
plan in accordance with this division or fails to obtain
approval of the amended plan within eighteen months after the
required date for its submission under this division, the
director shall proceed in accordance with division (D) of
section 3734.55 of the Revised Code. An amended plan prepared by
the director under this division or division (B) of this section
shall incorporate all of the elements required under section
3734.53 of the Revised Code for the purpose of managing solid
wastes that consist of scrap tires and solid waste facilities
that are scrap tire collection, storage, monocell, monofill, or
recovery facilities, except that for that purpose the amended
plan shall not incorporate any of the elements required or
authorized under division (B) or (C) of that section.
(B) If the solid waste management plan of a county or
joint district was initially prepared and ordered to be
implemented by the director under division (D) of section
3734.55 of the Revised Code or division (D) or (F) of section
3734.521 of the Revised Code, the director shall review the plan
triennially and prepare for the district an amended plan that
complies with divisions (A) and (D) of section 3734.53 of the
Revised Code and is applicable to the subsequent ten-year
period. An amended plan prepared by the director shall not
contain any provisions required or authorized to be included in
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2554 S. B. No. 147 Page 86
As Introduced
plans submitted by districts under divisions division (B), (C),
or (E) of section 3734.53 of the Revised Code. Upon completion
of the amended plan, the director shall issue an order in
accordance with Chapter 3745. of the Revised Code directing the
board of county commissioners or board of directors of the
district to implement the amended plan in compliance with the
implementation schedule contained in it.
(C) A county or joint district that is operating under a
solid waste management plan prepared and ordered to be
implemented by the director under division (D) of section
3734.55 of the Revised Code or division (D) or (F) of section
3734.521 of the Revised Code may establish, under division (B)
of section 3734.54 of the Revised Code, a solid waste management
policy committee and prepare, adopt, and submit its own solid
waste management plan to replace the initial or an amended plan
prepared by the director. Any such district may submit its plan
to the director only within the one hundred eighty days
immediately preceding a triennial anniversary of the date on
which the director issued the initial order under division (D)
of section 3734.55 of the Revised Code or division (D) or (F) of
section 3734.521 of the Revised Code requiring the district to
implement the plan prepared by the director.
Upon approval of the solid waste management plan of the
county or joint district under division (C) of section 3734.55
of the Revised Code, the director shall issue an order in
accordance with Chapter 3745. of the Revised Code revoking the
earlier orders issued to the district under division (D) of that
section or division (D) or (F)(1) or (2) of section 3734.521 of
THE the Revised Code, as appropriate.
(D) When the board of county commissioners of a county
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2584 S. B. No. 147 Page 87
As Introduced
district or the board of directors of a joint district
determines that circumstances materially changed from those
addressed in the approved initial or amended plan of the
district require submission of an amended plan prior to the time
required under division (A) of this section, the board shall
request the solid waste management policy committee of the
district to prepare a draft amended plan. Upon receipt of the
board's request, the committee shall begin preparing a draft
amended plan for the district and shall proceed to adopt and
obtain approval of the amended plan in accordance with divisions
(A) to (C) of section 3734.55 of the Revised Code.
(E) The board of county commissioners of a county district
or board of directors of a joint district may request the solid
waste management policy committee of the district to prepare and
adopt amendments to any provisions of the district's plan or
amended plan required to be included under division (B) of
section 3734.53 of the Revised Code at any time and without
obtaining approval of the amendments from the director. The
committee shall adopt a resolution setting forth the proposed
amendments to the plan and shall proceed in accordance with
division (B) of section 3734.57 of the Revised Code to conduct a
public hearing on the proposed amendments and obtain their
approval and ratification.
(F) The board of county commissioners of a county district
or board of directors of a joint district may request the solid
waste management policy committee of the district to prepare and
adopt an amendment to the provision required to be included in
the district's plan or amended plan under division (E) of
section 3734.53 of the Revised Code at any time and without the
necessity of obtaining approval of the amendment from the
director. The policy committee shall adopt a resolution setting
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2615 S. B. No. 147 Page 88
As Introduced
forth the proposed amendment to the plan. Upon adopting the
resolution, it shall proceed in accordance with divisions (A)
and (B) of section 3734.55 of the Revised Code to adopt and
obtain ratification of the proposed amendment in the same manner
as a plan, except that the board need not submit a copy of the
resolution to the director for review and comment under division
(A) of that section. An amendment to a plan or amended plan that
is proposed and ratified in accordance with this division shall
take effect when the policy committee declares the amendment to
be ratified pursuant to division (B) of section 3734.55 of the
Revised Code.
Sec. 3734.57. (A) The following fees are hereby levied on
the transfer or disposal of solid wastes in this state:
(1) Seventy-one cents per ton through June 30, 2026,
eleven cents of the proceeds of which shall be deposited in the
state treasury to the credit of the hazardous waste facility
management fund created in section 3734.18 of the Revised Code
and sixty cents of the proceeds of which shall be deposited in
the state treasury to the credit of the hazardous waste clean-up
fund created in section 3734.28 of the Revised Code;
(2) An additional ninety cents per ton through June 30,
2026, the proceeds of which shall be deposited in the state
treasury to the credit of the waste management fund created in
section 3734.061 of the Revised Code;
(3) An additional two dollars and eighty-one cents per ton
through June 30, 2026, the proceeds of which shall be deposited
in the state treasury to the credit of the environmental
protection fund created in section 3745.015 of the Revised Code;
(4) An additional twenty-five cents per ton through June
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2644 S. B. No. 147 Page 89
As Introduced
30, 2026, the proceeds of which shall be deposited in the state
treasury to the credit of the soil and water conservation
district assistance fund created in section 940.15 of the
Revised Code;
(5) An additional eight cents per ton through June 30,
2026, the proceeds of which shall be deposited in the state
treasury to the credit of the national priority list remedial
support fund created in section 3734.579 of the Revised Code.
In the case of solid wastes that are taken to a solid
waste transfer facility located in this state prior to being
transported for disposal at a solid waste disposal facility
located in this state or outside of this state, the fees levied
under this division shall be collected by the owner or operator
of the transfer facility as a trustee for the state. The amount
of fees required to be collected under this division at such a
transfer facility shall equal the total tonnage of solid wastes
received at the facility multiplied by the fees levied under
this division. In the case of solid wastes that are not taken to
a solid waste transfer facility located in this state prior to
being transported to a solid waste disposal facility, the fees
shall be collected by the owner or operator of the solid waste
disposal facility as a trustee for the state. The amount of fees
required to be collected under this division at such a disposal
facility shall equal the total tonnage of solid wastes received
at the facility that was not previously taken to a solid waste
transfer facility located in this state multiplied by the fees
levied under this division. Fees levied under this division do
not apply to materials separated from a mixed waste stream for
recycling by a generator or materials removed from the solid
waste stream through recycling, as "recycling" is defined in
rules adopted under section 3734.02 of the Revised Code.
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2675 S. B. No. 147 Page 90
As Introduced
The owner or operator of a solid waste transfer facility
or disposal facility, as applicable, shall prepare and file with
the director of environmental protection each month a return
indicating the total tonnage of solid wastes received at the
facility during that month and the total amount of the fees
required to be collected under this division during that month.
In addition, the owner or operator of a solid waste disposal
facility shall indicate on the return the total tonnage of solid
wastes received from transfer facilities located in this state
during that month for which the fees were required to be
collected by the transfer facilities. The monthly returns shall
be filed on a form prescribed by the director. Not later than
thirty days after the last day of the month to which a return
applies, the owner or operator shall mail to the director the
return for that month together with the fees required to be
collected under this division during that month as indicated on
the return or may submit the return and fees electronically in a
manner approved by the director. If the return is filed and the
amount of the fees due is paid in a timely manner as required in
this division, the owner or operator may retain a discount of
three-fourths of one per cent of the total amount of the fees
that are required to be paid as indicated on the return.
The owner or operator may request an extension of not more
than thirty days for filing the return and remitting the fees,
provided that the owner or operator has submitted such a request
in writing to the director together with a detailed description
of why the extension is requested, the director has received the
request not later than the day on which the return is required
to be filed, and the director has approved the request. If the
fees are not remitted within thirty days after the last day of
the month to which the return applies or are not remitted by the
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2706 S. B. No. 147 Page 91
As Introduced
last day of an extension approved by the director, the owner or
operator shall not retain the three-fourths of one per cent
discount and shall pay an additional ten per cent of the amount
of the fees for each month that they are late. For purposes of
calculating the late fee, the first month in which fees are late
begins on the first day after the deadline has passed for timely
submitting the return and fees, and one additional month shall
be counted every thirty days thereafter.
The owner or operator of a solid waste facility may
request a refund or credit of fees levied under this division
and remitted to the director that have not been paid to the
owner or operator. Such a request shall be made only if the fees
have not been collected by the owner or operator, have become a
debt that has become worthless or uncollectable for a period of
six months or more, and may be claimed as a deduction, including
a deduction claimed if the owner or operator keeps accounts on
an accrual basis, under the "Internal Revenue Code of 1954," 68A
Stat. 50, 26 U.S.C. 166, as amended, and regulations adopted
under it. Prior to making a request for a refund or credit, an
owner or operator shall make reasonable efforts to collect the
applicable fees. A request for a refund or credit shall not
include any costs resulting from those efforts to collect unpaid
fees.
A request for a refund or credit of fees shall be made in
writing, on a form prescribed by the director, and shall be
supported by evidence that may be required in rules adopted by
the director under this chapter. After reviewing the request,
and if the request and evidence submitted with the request
indicate that a refund or credit is warranted, the director
shall grant a refund to the owner or operator or shall permit a
credit to be taken by the owner or operator on a subsequent
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2737 S. B. No. 147 Page 92
As Introduced
monthly return submitted by the owner or operator. The amount of
a refund or credit shall not exceed an amount that is equal to
ninety days' worth of fees owed to an owner or operator by a
particular debtor of the owner or operator. A refund or credit
shall not be granted by the director to an owner or operator
more than once in any twelve-month period for fees owed to the
owner or operator by a particular debtor.
If, after receiving a refund or credit from the director,
an 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 submitted to the director together with a written
explanation of the reason for the submittal.
For purposes of computing the fees levied under this
division or division (B) of this section, any solid waste
transfer or disposal facility that does not use scales as a
means of determining gate receipts shall use a conversion factor
of three cubic yards per ton of solid waste or one cubic yard
per ton for baled waste, as applicable.
The fees levied under this division and divisions (B) and
(C) of this section are in addition to all other applicable fees
and taxes and shall be paid by the customer or a political
subdivision to the owner or operator of a solid waste transfer
or disposal facility. In the alternative, the fees shall be paid
by a customer or political subdivision to a transporter of waste
who subsequently transfers the fees to the owner or operator of
such a facility. The fees shall be paid notwithstanding the
existence of any provision in a contract that the customer or a
political subdivision may have with the owner or operator or
with a transporter of waste to the facility that would not
require or allow such payment regardless of whether the contract
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2767 S. B. No. 147 Page 93
As Introduced
was entered prior to or after October 16, 2009. For those
purposes, "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.
(B) For the purposes specified in division (G) of this
section, the solid waste management policy committee of a county
or joint solid waste management district may levy fees upon the
following activities:
(1) The disposal at a solid waste disposal facility
located in the district of solid wastes generated within the
district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
The solid waste management plan of the county or joint
district approved under section 3734.521 or 3734.55 of the
Revised Code and any amendments to it, or the resolution adopted
under this division, as appropriate, shall establish the rates
of the fees levied under divisions (B)(1), (2), and (3) of this
section, if any, and shall specify whether the fees are levied
on the basis of tons or cubic yards as the unit of measurement.
A solid waste management district that levies fees under this
division on the basis of cubic yards shall do so in accordance
with division (A) of this section.
The fee levied under division (B)(1) of this section shall
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2796 S. B. No. 147 Page 94
As Introduced
be not less than one dollar per ton nor more than two dollars
per ton, the fee levied under division (B)(2) of this section
shall be not less than two dollars per ton nor more than four
dollars per ton, and the fee levied under division (B)(3) of
this section shall be not more than the fee levied under
division (B)(1) of this section.
Prior to the approval of the solid waste management plan
of a district under section 3734.55 of the Revised Code, the
solid waste management policy committee of a district may levy
fees under this division by adopting a resolution establishing
the proposed amount of the fees. Upon adopting the resolution,
the committee shall deliver a copy of the resolution to the
board of county commissioners of each county forming the
district and to the legislative authority of each municipal
corporation and township under the jurisdiction of the district
and shall prepare and publish the resolution and a notice of the
time and location where a public hearing on the fees will be
held. Upon adopting the resolution, the committee shall deliver
written notice of the adoption of the resolution; of the amount
of the proposed fees; and of the date, time, and location of the
public hearing to the director and to the fifty industrial,
commercial, or institutional generators of solid wastes within
the district that generate the largest quantities of solid
wastes, as determined by the committee, and to their local trade
associations. The committee shall make good faith efforts to
identify those generators within the district and their local
trade associations, but the nonprovision of notice under this
division to a particular generator or local trade association
does not invalidate the proceedings under this division. The
publication shall occur at least thirty days before the hearing.
After the hearing, the committee may make such revisions to the
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2827 S. B. No. 147 Page 95
As Introduced
proposed fees as it considers appropriate and thereafter, by
resolution, shall adopt the revised fee schedule. Upon adopting
the revised fee schedule, the committee shall deliver a copy of
the resolution doing so to the board of county commissioners of
each county forming the district and to the legislative
authority of each municipal corporation and township under the
jurisdiction of the district. Within sixty days after the
delivery of a copy of the resolution adopting the proposed
revised fees by the policy committee, each such board and
legislative authority, by ordinance or resolution, shall approve
or disapprove the revised fees and deliver a copy of the
ordinance or resolution to the committee. If any such board or
legislative authority fails to adopt and deliver to the policy
committee an ordinance or resolution approving or disapproving
the revised fees within sixty days after the policy committee
delivered its resolution adopting the proposed revised fees, it
shall be conclusively presumed that the board or legislative
authority has approved the proposed revised fees. The committee
shall determine if the resolution has been ratified in the same
manner in which it determines if a draft solid waste management
plan has been ratified under division (B) of section 3734.55 of
the Revised Code.
The committee may amend the schedule of fees levied
pursuant to a resolution adopted and ratified under this
division by adopting a resolution establishing the proposed
amount of the amended fees. The committee may repeal the fees
levied pursuant to such a resolution by adopting a resolution
proposing to repeal them. Upon adopting such a resolution, the
committee shall proceed to obtain ratification of the resolution
in accordance with this division.
Not later than fourteen days after declaring the new fees
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2858 S. B. No. 147 Page 96
As Introduced
to be ratified or the fees to be repealed under this division,
the committee shall notify by certified mail the owner or
operator of each solid waste disposal facility that is required
to collect the fees of the ratification and the amount of the
fees or of the repeal of the fees. Collection of any fees shall
commence or collection of repealed fees shall cease on the first
day of the second month following the month in which
notification is sent to the owner or operator.
Fees levied under this division also may be established,
amended, or repealed by a solid waste management policy
committee through the adoption of a new district solid waste
management plan, the adoption of an amended plan, or the
amendment of the plan or amended plan in accordance with
sections 3734.55 and 3734.56 of the Revised Code or the adoption
or amendment of a district plan in connection with a change in
district composition under section 3734.521 of the Revised Code.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan,
amended plan, or amendment to a plan or amended plan that
establishes, amends, or repeals a schedule of fees levied by the
district, the committee shall notify by certified mail the owner
or operator of each solid waste disposal facility that is
required to collect the fees of the approval of the plan or
amended plan, or the amendment to the plan, as appropriate, and
the amount of the fees, if any. In the case of an initial or
amended plan approved under section 3734.521 of the Revised Code
in connection with a change in district composition, other than
one involving the withdrawal of a county from a joint district,
the committee, within fourteen days after the change takes
effect pursuant to division (G)(E) of that section, shall notify
by certified mail the owner or operator of each solid waste
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2889 S. B. No. 147 Page 97
As Introduced
disposal facility that is required to collect the fees that the
change has taken effect and of the amount of the fees, if any.
Collection of any fees shall commence or collection of repealed
fees shall cease on the first day of the second month following
the month in which notification is sent to the owner or
operator.
If, in the case of a change in district composition
involving the withdrawal of a county from a joint district, the
director completes the actions required under division (G)(1) or
(3) of section 3734.521 3734.522 of the Revised Code, as
appropriate, forty-five days or more before the beginning of a
calendar year, the policy committee of each of the districts
resulting from the change that obtained the director's approval
of an initial or amended plan in connection with the change,
within fourteen days after the director's completion of the
required actions, shall notify by certified mail the owner or
operator of each solid waste disposal facility that is required
to collect the district's fees that the change is to take effect
on the first day of January immediately following the issuance
of the notice and of the amount of the fees or amended fees
levied under divisions (B)(1) to (3) of this section pursuant to
the district's initial or amended plan as so approved or, if
appropriate, the repeal of the district's fees by that initial
or amended plan. Collection of any fees set forth in such a plan
or amended plan shall commence on the first day of January
immediately following the issuance of the notice. If such an
initial or amended plan repeals a schedule of fees, collection
of the fees shall cease on that first day of January.
If, in the case of a change in district composition
involving the withdrawal of a county from a joint district, the
director completes the actions required under division (G)(1) or
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As Introduced
(3) of section 3734.521 3734.522 of the Revised Code, as
appropriate, less than forty-five days before the beginning of a
calendar year, the director, on behalf of each of the districts
resulting from the change that obtained the director's approval
of an initial or amended plan in connection with the change
proceedings, shall notify by certified mail the owner or
operator of each solid waste disposal facility that is required
to collect the district's fees that the change is to take effect
on the first day of January immediately following the mailing of
the notice and of the amount of the fees or amended fees levied
under divisions (B)(1) to (3) of this section pursuant to the
district's initial or amended plan as so approved or, if
appropriate, the repeal of the district's fees by that initial
or amended plan. Collection of any fees set forth in such a plan
or amended plan shall commence on the first day of the second
month following the month in which notification is sent to the
owner or operator. If such an initial or amended plan repeals a
schedule of fees, collection of the fees shall cease on the
first day of the second month following the month in which
notification is sent to the owner or operator.
If the schedule of fees that a solid waste management
district is levying under divisions (B)(1) to (3) of this
section is amended or repealed, the fees in effect immediately
prior to the amendment or repeal shall continue to be collected
until collection of the amended fees commences or collection of
the repealed fees ceases, as applicable, as specified in this
division. In the case of a change in district composition, money
so received from the collection of the fees of the former
districts shall be divided among the resulting districts in
accordance with division (B) of section 343.012 3734.522 of the
Revised Code and the agreements entered into under division (B)
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2951 S. B. No. 147 Page 99
As Introduced
of section 343.01 of the Revised Code to establish the former
and resulting districts and any amendments to those agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or repealed is
required to cease, "fees" or "schedule of fees" includes, in
addition to fees levied under divisions (B)(1) to (3) of this
section, those levied under section 3734.573 or 3734.574 of the
Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township
for reductions in real property tax revenues due to reductions
in real property valuations resulting from the location and
operation of a solid waste disposal facility within the
municipal corporation or township, a municipal corporation or
township in which such a solid waste disposal facility is
located may levy a fee of not more than twenty-five cents per
ton on the disposal of solid wastes at a solid waste disposal
facility 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 fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of
the fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
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2981 S. B. No. 147 Page 100
As Introduced
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect
the fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or
operator of each solid waste disposal facility that is required
to collect the fee. Collection of any fee levied on or after
March 24, 1992, shall commence on the first day of the second
month following the month in which notification is sent to the
owner or operator.
(D)(1) The fees levied under divisions (A), (B), and (C)
of this section do not apply to the disposal of solid wastes
that:
(a) Are disposed of at a facility owned by the generator
of the wastes when the solid waste facility exclusively disposes
of solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
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3011 S. B. No. 147 Page 101
As Introduced
(b) Are generated from the combustion of coal, or from the
combustion of primarily coal, regardless of whether the disposal
facility is located on the premises where the wastes are
generated;
(c) Are asbestos or asbestos-containing materials or
products disposed of at a construction and demolition debris
facility that is licensed under Chapter 3714. of the Revised
Code or at a solid waste facility that is licensed under this
chapter.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section
apply to solid wastes originating outside the boundaries of a
county or joint district that are covered by an agreement for
the joint use of solid waste facilities entered into under
section 343.02 of the Revised Code by the board of county
commissioners or board of directors of the county or joint
district where the wastes are generated and disposed of.
(3) When solid wastes, other than solid wastes that
consist of scrap tires, are burned in a disposal facility that
is an incinerator or energy recovery facility, the fees levied
under divisions (A), (B), and (C) of this section shall be
levied upon the disposal of the fly ash and bottom ash remaining
after burning of the solid wastes and shall be collected by the
owner or operator of the sanitary landfill where the ash is
disposed of.
(4) When solid wastes are delivered to a solid waste
transfer facility, the fees levied under divisions (B) and (C)
of this section shall be levied upon the disposal of solid
wastes transported off the premises of the transfer facility for
disposal and shall be collected by the owner or operator of the
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3041 S. B. No. 147 Page 102
As Introduced
solid waste disposal facility where the wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of
this section do not apply to sewage sludge that is generated by
a waste water treatment facility holding a national pollutant
discharge elimination system permit and that is disposed of
through incineration, land application, or composting or at
another resource recovery or disposal facility that is not a
landfill.
(6) The fees levied under divisions (A), (B), and (C) of
this section do not apply to solid wastes delivered to a solid
waste composting facility for processing. When any unprocessed
solid waste or compost product is transported off the premises
of a composting facility and disposed of at a landfill, the fees
levied under divisions (A), (B), and (C) of this section shall
be collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied
under divisions (A), (B), and (C) of this section shall be
levied upon the disposal of the fly ash and bottom ash or other
solid wastes remaining after the processing of the scrap tires
and shall be collected by the owner or operator of the solid
waste disposal facility where the ash or other solid wastes are
disposed of.
(8) The director of environmental protection may issue an
order exempting from the fees levied under this section solid
wastes, including, but not limited to, scrap tires, that are
generated, transferred, or disposed of as a result of a contract
providing for the expenditure of public funds entered into by
the administrator or regional administrator of the United States
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3071 S. B. No. 147 Page 103
As Introduced
environmental protection agency, the director of environmental
protection, or the director of administrative services on behalf
of the director of environmental protection for the purpose of
remediating conditions at a hazardous waste facility, solid
waste facility, or other location at which the administrator or
regional administrator or the director of environmental
protection has reason to believe that there is a substantial
threat to public health or safety or the environment or that the
conditions are causing or contributing to air or water pollution
or soil contamination. An order issued by the director of
environmental protection under division (D)(8) of this section
shall include a determination that the amount of the fees not
received by a solid waste management district as a result of the
order will not adversely impact the implementation and financing
of the district's approved solid waste management plan and any
approved amendments to the plan. Such an order is a final action
of the director of environmental protection.
(E) The fees levied under divisions (B) and (C) of this
section shall be collected by the owner or operator of the solid
waste disposal facility where the wastes are disposed of as a
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys
from the fees levied under division (B) of this section shall be
forwarded to the board of county commissioners or board of
directors of the district in accordance with rules adopted under
division (H) of this section. Moneys from the fees levied under
division (C) of this section shall be forwarded to the treasurer
or such other officer of the municipal corporation as, by virtue
of the charter, has the duties of the treasurer or to the fiscal
officer of the township, as appropriate, in accordance with
those rules.
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3102 S. B. No. 147 Page 104
As Introduced
(F) Moneys received by the treasurer or other officer of
the municipal corporation under division (E) of this section
shall be paid into the general fund of the municipal
corporation. Moneys received by the fiscal officer of the
township under that division shall be paid into the general fund
of the township. The treasurer or other officer of the municipal
corporation or the township fiscal officer, as appropriate,
shall maintain separate records of the moneys received from the
fees levied under division (C) of this section.
(G) Moneys received by the board of county commissioners
or board of directors under division (E) of this section or
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised
Code shall be paid to the county treasurer, or other official
acting in a similar capacity under a county charter, in a county
district or to the county treasurer or other official designated
by the board of directors in a joint district and kept in a
separate and distinct fund to the credit of the district. If a
regional solid waste management authority has been formed under
section 343.011 of the Revised Code, moneys received by the
board of trustees of that regional authority under division (E)
of this section shall be kept by the board in a separate and
distinct fund to the credit of the district. Moneys in the
special fund of the county or joint district arising from the
fees levied under division (B) of this section and the fee
levied under division (A) of section 3734.573 of the Revised
Code shall be expended by the board of county commissioners or
directors of the district in accordance with the district's
solid waste management plan or amended plan approved under
section 3734.521, 3734.55, or 3734.56 of the Revised Code
exclusively for the following purposes:
(1) Preparation of the solid waste management plan of the
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3133 S. B. No. 147 Page 105
As Introduced
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review
and amendment of the plan required by section 3734.56 of the
Revised Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;
(3) Providing financial assistance to boards of health
within the district, if solid waste facilities are located
within the district, for enforcement of this chapter and rules,
orders, and terms and conditions of permits, licenses, and
variances adopted or issued under it, other than the hazardous
waste provisions of this chapter and rules adopted and orders
and terms and conditions of permits issued under those
provisions;
(4) Providing financial assistance to each county within
the district to defray the added costs of maintaining roads and
other public facilities and of providing emergency and other
public services resulting from the location and operation of a
solid waste facility within the county under the district's
approved solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of
health within the district, if solid waste facilities contained
in the district's approved plan or amended plan are located
within the district, for paying the costs incurred by those
boards of health for collecting and analyzing samples from
public or private water wells on lands adjacent to those
facilities;
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3162 S. B. No. 147 Page 106
As Introduced
(6) Developing and implementing a program for the
inspection of solid wastes generated outside the boundaries of
this state that are disposed of at solid waste facilities
included in the district's approved solid waste management plan
or amended plan;
(7) Providing financial assistance to boards of health
within the district for the enforcement of section 3734.03 of
the Revised Code or to local law enforcement agencies having
jurisdiction within the district for enforcing anti-littering
laws and ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved
list under section 3734.08 of the Revised Code to defray the
costs to the health districts for the participation of their
employees responsible for enforcement of the solid waste
provisions of this chapter and rules adopted and orders and
terms and conditions of permits, licenses, and variances issued
under those provisions in the training and certification program
as required by rules adopted under division (L) of section
3734.02 of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board of county commissioners or directors of the district;
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3192 S. B. No. 147 Page 107
As Introduced
(10) Payment of any expenses that are agreed to, awarded,
or ordered to be paid under section 3734.35 of the Revised Code
and of any administrative costs incurred pursuant to that
section. In the case of a joint solid waste management district,
if the board of county commissioners of one of the counties in
the district is negotiating on behalf of affected communities,
as defined in that section, in that county, the board shall
obtain the approval of the board of directors of the district in
order to expend moneys for administrative costs incurred.
(11) Providing financial assistance to individual
counties, boards of health, municipal corporations, and
townships for the costs of mitigating impacts to public health,
safety, and welfare of solid waste disposal or transfer
facilities within the applicable political subdivision.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code,
moneys in the special fund of the district arising from the fees
shall be expended for those purposes in the manner prescribed by
the solid waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section as it
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance
with division (B)(2)(e) of section 3734.53 of the Revised Code
as it existed prior to that date, any moneys arising from the
fees levied under division (B)(3) of this section prior to
January 1, 1994, may be expended for any of the purposes
authorized in divisions (G)(1) to (10) of this section.
(H) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code prescribing procedures for
collecting and forwarding the fees levied under divisions (B)
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3222 S. B. No. 147 Page 108
As Introduced
and (C) of this section to the boards of county commissioners or
directors of county or joint solid waste management districts
and to the treasurers or other officers of municipal
corporations and the fiscal officers of townships. The rules
also shall prescribe the dates for forwarding the fees to the
boards and officials and may prescribe any other requirements
the director considers necessary or appropriate to implement and
administer divisions (A), (B), and (C) of this section.
Sec. 3734.574. (A)(1) A county or joint solid waste
management district that is levying fees under division (B) of
section 3734.57 of the Revised Code on October 29, 1993,
pursuant to a resolution adopted under that division and former
Section 25 of Am. Sub. S.B. 359 of the 119th general assembly,
or one that is levying those fees pursuant to such a resolution
and for which the director of environmental protection
disapproves the initial solid waste management plan of the
district under section 3734.55 of the Revised Code on or after
October 29, 1993, may continue to levey levy those fees until
the district abolishes them under division (D) of this section,
the director issues an order under division (F) of this section
requiring the district to cease levying the fees, or the
district obtains approval of its own plan under section 3734.521
or 3734.56 of the Revised Code and collection of the fees
established in the approved plan commences in accordance with
division (B) of section 3734.57 of the Revised Code.
(2) A county or joint solid waste management district that
is levying fees under division (B) of section 3734.57 of the
Revised Code or division (A) of section 3734.573 of the Revised
Code under an initial or amended solid waste management plan
approved under section 3734.521, 3734.55, or 3734.56 of the
Revised Code when the director issues an order under division
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3253 S. B. No. 147 Page 109
As Introduced
(D) or (F) of section 3734.521 of the Revised Code or division
(A) or (B) of section 3734.56 of the Revised Code requiring the
district to implement an amended plan prepared by the director,
may continue to levy those fees until the district abolishes
them under division (D) of this section, the director issues an
order under division (F) of this section requiring the district
to cease levying the fees, or the district obtains approval of
its own plan or amended plan under section 3734.521 or 3734.56
of the Revised Code and collection of the fees established in
the approved plan or amended plan commences in accordance with
division (B) of section 3734.57 of the Revised Code.
(B) The solid waste management policy committee of a
county or joint district described in division (A)(1) of this
section may a levy a fee under division (A) of section 3734.573
of the Revised Code by adopting and obtaining ratification of a
resolution establishing the amount of the fee. The policy
committee of such a district that, after December 1, 1993,
concurrently proposes to levy a fee under division (A) of
section 3734.573 of the Revised Code and to amend the fees that
the district is levying under division (B) of section 3734.57 of
the Revised Code may adopt and obtain ratification of one
resolution to do both. A county or joint district that is
ordered under division (D) or (F) of section 3734.521 of the
Revised Code to implement an initial plan prepared by the
director may levy fees under division (B) of section 3734.57 of
the Revised Code or division (A) of section 3734.573 of the
Revised Code by adopting and obtaining ratification of a
resolution specifying which of the fees are to be levied and
their amounts. The requirements and procedures set forth in
division (B) of section 3734.57 of the Revised Code governing
the adoption of resolutions levying fees under that division,
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3284 S. B. No. 147 Page 110
As Introduced
the ratification of those resolutions, and the notification of
owners and operators of solid waste facilities required to
collect fees under those divisions govern the adoption and
ratification of resolutions levying fees under this division and
the notification of owners and operators required to collect the
fees levied under this division, except as otherwise
specifically provided in division (C) of this section. Any such
district may levy fees under this division until the district
abolishes the fees under division (D) of this section, the
director issues an order under division (F) of this section
requiring the district to cease levying the fees, or the
district obtains approval of its own plan or amended plan under
section 3734.521 or 3734.56 of the Revised Code and collection
of the fees established in the approved plan or amended plan
commences in accordance with division (B) of section 3734.57 of
the Revised Code.
(C) Any resolution adopted under division (B) of this
section that proposes to levy a fee under division (A) of
section 3734.573 of the Revised Code that exceeds five dollars
per ton shall be ratified in accordance with the provisions of
division (B) of section 3734.57 of the Revised Code, except that
such a resolution shall be approved by a combination of
municipal corporations and townships with a combined population
within the boundaries of the district comprising at least
seventy-five per cent, rather than at least sixty per cent, of
the total population of the district.
(D) The policy committee of a county or joint district may
amend fees levied by the district under division (A) or (B) of
this section by adopting and obtaining ratification of a
resolution establishing the proposed amount of the amended fees.
The committee may abolish any of those fees or any amended fees
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As Introduced
established under this division by adopting and obtaining
ratification of a resolution repealing them. A district that is
proposing at the same time to amend or abolish the fees levied
under divisions (A) and (B) of this section may adopt one
resolution proposing the amendment or repeal of all of the fees.
The requirements and procedures under division (B) and, if
applicable, division (C) of this section govern the adoption and
ratification of a resolution authorized to be adopted under this
division and the notification of owners and operators of solid
waste facilities required to collect the fees. Collection of the
fees so amended or abolished commences or ceases in accordance
with division (B) of section 3734.57 of the Revised Code.
(E) Not later than thirty days before the beginning of
each calendar quarter, the board of county commissioners or
board of directors of a district that is levying fees under
division (A) or (B) of this section shall submit to the director
a proposed budget for the expenditure of moneys from the special
fund of the district created under division (G) of section
3734.57 of the Revised Code. The proposed budget shall be
submitted on a form prescribed by the director.
The director may disapprove in whole or in part such a
proposed quarterly budget for any of the following reasons:
(1) The proposed budget includes expenditures for any
purpose other than those authorized under divisions (G)(1) to
(10)division (G) of section 3734.57 of the Revised Code;
(2) The director reasonably estimates that there will be
insufficient moneys in the special fund created to meet the
proposed expenditures;
(3) The board failed to submit the proposed budget to the
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3344 S. B. No. 147 Page 112
As Introduced
director at least thirty days prior to the beginning of the
calendar quarter to which it pertains;
(4) The board failed to submit the latest report of
quarterly expenditures from the fund that it was required to
submit under section 3734.575 of the Revised Code within thirty
days after the end of the calendar quarter to which it pertains;
(5) The district is materially failing to comply with the
implementation schedule contained in the plan or amended plan of
the district prepared and ordered to be implemented under
section 3734.521, 3734.55, or 3734.56 of the Revised Code;
(6) There have been repeated inconsistencies between the
expenditures projected in the proposed budgets submitted under
division (E) of this section and actual expenditures from the
fund.
If the director does not disapprove a proposed quarterly
budget prior to the first day of the calendar quarter to which
it pertains, it is conclusively presumed that the proposed
budget has not been disapproved.
Nothing in division (E) of this section precludes the
board of county commissioners or directors of a district from
making necessary expenditures to meet unforeseen circumstances
that occur during a calendar quarter that were not provided for
in the proposed budget for that quarter. Prior to making any
such expenditure, the board shall notify the director of the
nature of the unforeseen circumstances and of the amount of the
expenditure needed to meet them. The board shall include an
explanation of the nature of the unforeseen circumstances and of
the necessity and amount of the expenditures to meet them in the
quarterly expenditure report for the quarter in which the
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3373 S. B. No. 147 Page 113
As Introduced
expenditures were made that is submitted to the director under
section 3734.575 of the Revised Code.
(F) If the director finds that the board of county
commissioners or directors of a district that is levying fees
under division (A) or (B) of this section is in material and
continued noncompliance with the implementation schedule
contained in the plan or amended plan of the district prepared
and ordered to be implemented under section 3734.521, 3734.55,
or 3734.56 of the Revised Code, or if repeated whole or partial
disapprovals of the proposed quarterly budgets of the district
have occurred under division (E) of this section, the director
may issue an order to the board terminating the collection of
all of the fees levied by the district under division (A) or (B)
of this section.
Notwithstanding section 119.06 of the Revised Code, the
director may issue an order under this division or disapprove in
whole or in part a proposed budget under division (E) of this
section by issuance of a final action that is effective upon
issuance without the necessity to hold any adjudication hearing
in connection with the order or disapproval and without the
issuance of a proposed action under section 3745.07 of the
Revised Code.
(G) The director, in accordance with Chapter 119. of the
Revised Code, may adopt, amend, suspend, and rescind such rules
as the director considers to be necessary or appropriate to
implement or administer this section or division (D) of section
3734.55 of the Revised Code.
(H) Moneys received by a district levying fees under
division (A) or (B) of this section shall be credited to the
special fund of the district created in division (G) of section
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3403 S. B. No. 147 Page 114
As Introduced
3734.57 of the Revised Code and shall be used exclusively for
the purposes set forth in divisions (G)(1) to (10) division (G)
of that section in the manner prescribed by the solid waste
management policy committee of the district by resolution and
for the purposes of section 3734.551 of the Revised Code.
Section 2. That existing sections 343.01 , 343.011,
343.012, 343.022, 343.08, 3714.07, 3714.073, 3734.521, 3734.53,
3734.56, 3734.57, and 3734.574 of the Revised Code are hereby
repealed.
Section 3. Section 3734.56 of the Revised Code is
presented in this act as a composite of the section as amended
by both S.B. 153 and S.B. 165 of the 120th General Assembly. The
General Assembly, applying the principle stated in division (B)
of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section
in effect prior to the effective date of the section as
presented in this act.
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