Revise solid waste and construction and demolition debris laws

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 222

2025-2026

Representatives Click, Mathews, T.

Cosponsor: Representative McClain

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 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 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
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.

(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 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 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 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 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.

(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 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 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 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 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 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 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,
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 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 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.

(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 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.

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 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;

(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 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 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 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 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 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 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 withdrawal
memorandum
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
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 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

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 withdrawal
memorandum
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 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 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" 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
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 fact
memorandum
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 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 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;

(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 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 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 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 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 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, 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.

(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 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 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 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.

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 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 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 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 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 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 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 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 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 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 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 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) 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, 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 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 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 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 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.

(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 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)
The board of directors of the joint district shall take all actions
necessary to 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 an equitable basis between the
district and the withdrawing county, effective upon the expiration
date of the memorandum of understanding.

(G)
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 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.

(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
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 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 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 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 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 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 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 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 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 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 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
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)
(G)

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, 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 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 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 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 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 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.

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 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 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
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 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
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 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 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 (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)
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 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;

(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 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 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.

(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 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;

(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;

(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) 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 (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, 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 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 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 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 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.