Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A)(1) Except as provided in divisions (A)(2), (3), (4), and (5) of this section and in section 3734.82 of the Revised Code, the annual fee for a solid waste facility license shall be in accordance with the following schedule:
For the purpose of determining the applicable license fee under divisions (A)(1), (2), and (3) of this section, the authorized maximum daily waste receipt shall be the maximum amount of wastes the facility is authorized to receive daily that is established in the permit for the facility, and any modifications to that permit, issued under division (A)(2) of section 3734.05 of the Revised Code; the annual license for the facility, and any revisions to that license, issued under division (A)(1) of section 3734.05 of the Revised Code; the approved operating plan or operational report for which submission and approval are required by rules adopted by the director of environmental protection under section 3734.02 of the Revised Code; or an order issued by the director as authorized by rule. If no authorized maximum daily waste receipt is so established, the annual license fee is sixty thousand dollars under division (A)(1) of this section and thirty thousand dollars under divisions (A)(2) and (3) of this section.
The authorized maximum daily waste receipt set forth in any such document shall be stated in terms of cubic yards of volume for the purpose of regulating the design, construction, and operation of a solid waste facility. For the purpose of determining applicable license fees under this section, the authorized maximum daily waste receipt so stated shall be converted from cubic yards to tons as the unit of measurement based upon a conversion factor of three cubic yards per ton for compacted wastes generally and one cubic yard per ton for baled wastes.
(2) The annual license fee for a facility that is an incinerator facility is one-half the amount shown in division (A)(1) of this section. When a municipal corporation, county, or township owns and operates more than one incinerator within its boundaries, the municipal corporation, county, or township shall pay one fee for the licenses for all of its incinerators. The fee shall be determined on the basis of the aggregate maximum daily waste receipt for all the incinerators owned and operated by the municipal corporation, county, or township in an amount that is one-half the amount shown in division (A)(1) of this section.
(3) The annual fee for a solid waste compost facility license shall be in accordance with the following schedule:
(4) The annual license fee for a solid waste facility, regardless of its authorized maximum daily waste receipt, is five thousand dollars for a facility meeting either of the following qualifications:
(a) The facility is 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.
(b) The facility 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.
(5) The annual license fee for a facility that is a transfer facility is seven hundred fifty dollars.
(6) The same fees shall apply to private operators and to the state and its political subdivisions and shall be paid within thirty days after issuance of a license. The fee includes the cost of licensing, all inspections, and other costs associated with the administration of the solid waste provisions of this chapter and rules adopted under them, excluding the provisions governing scrap tires. Each such license shall specify that it is conditioned upon payment of the applicable fee to the board of health or the director, as appropriate, within thirty days after issuance of the license.
(B) The board of health shall retain two thousand five hundred dollars of each license fee collected by the board under divisions (A)(1), (2), (3), and (4) of this section or the entire amount of any such fee that is less than two thousand five hundred dollars. The moneys retained shall be paid into a special fund, which is hereby created in each health district, and used solely to administer and enforce the solid waste provisions of this chapter and the rules adopted under them, excluding the provisions governing scrap tires. The remainder of each license fee collected by the board shall be transmitted to the director within forty-five days after receipt of the fee. The director shall transmit these moneys to the treasurer of state to be credited to the general revenue fund. The board of health shall retain the entire amount of each fee collected under division (A)(5) of this section, which moneys shall be paid into the special fund of the health district.
(C)(1) Except as provided in divisions (C)(2) and (3) of this section, the annual fee for an infectious waste treatment facility license shall be in accordance with the following schedule:
For the purpose of determining the applicable license fee under divisions (C)(1) and (2) of this section, the maximum daily waste receipt shall be the maximum amount of infectious wastes the facility is authorized to receive daily that is established in the permit for the facility, and any modifications to that permit, issued under division (B)(2)(b) of section 3734.05 of the Revised Code; or the annual license for the facility, and any revisions to that license, issued under division (B)(2)(a) of section 3734.05 of the Revised Code. If no maximum daily waste receipt is so established, the annual license fee is sixty thousand dollars under division (C)(1) of this section and thirty thousand dollars under division (C)(2) of this section.
(2) The annual license fee for an infectious waste treatment facility that is an incinerator is one-half the amount shown in division (C)(1) of this section.
(3) Fees levied under divisions (C)(1) and (2) of this section shall apply to private operators and to the state and its political subdivisions and shall be paid within thirty days after issuance of a license. The fee includes the cost of licensing, all inspections, and other costs associated with the administration of the infectious waste provisions of this chapter and rules adopted under them. Each such license shall specify that it is conditioned upon payment of the applicable fee to the board of health or the director, as appropriate, within thirty days after issuance of the license.
(4) The board of health shall retain two thousand five hundred dollars of each license fee collected by the board under divisions (C)(1) and (2) of this section. The moneys retained shall be paid into a special infectious waste fund, which is hereby created in each health district, and used solely to administer and enforce the infectious waste provisions of this chapter and the rules adopted under them. The remainder of each license fee collected by the board shall be transmitted to the director within forty-five days after receipt of the fee. The director shall transmit these moneys to the treasurer of state to be credited to the general revenue fund.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3734 | Solid and Hazardous Wastes
Section 3734.01 | Solid and Hazardous Waste Definitions.
Section 3734.02 | Rules for Inspection and Licensing of Solid Waste Facilities.
Section 3734.023 | Off-Site Infectious Waste Treatment Facility Definitions.
Section 3734.025 | Return and Remittance of Fees by Owner or Operator.
Section 3734.026 | Procedures for Remitting Fees.
Section 3734.027 | Low-Level Radioactive Waste - Prohibited Activities.
Section 3734.028 | Standards of Quality for Compost Products.
Section 3734.029 | Application to Compost Products Produced by Facility Composting Dead Animals.
Section 3734.03 | Open Burning or Open Dumping.
Section 3734.04 | Inspection - Enforcement.
Section 3734.041 | Explosive Gas Monitoring Plan for Landfill.
Section 3734.05 | Licensing Requirements.
Section 3734.058 | Limiting Regulations by Local Authorities.
Section 3734.061 | Waste Management Fund.
Section 3734.07 | Facilities to Be Inspected - Certification - Right of Entry.
Section 3734.08 | Annual Survey.
Section 3734.09 | Suspension, Revocation, Denial of License.
Section 3734.101 | Civil Action.
Section 3734.11 | Prohibited Acts.
Section 3734.12 | Director of Environmental Protection - Powers and Duties.
Section 3734.121 | List of Hazardous Wastes Generated Within State.
Section 3734.123 | Assessment of Commercial Hazardous Waste Incinerator Capacity in State.
Section 3734.124 | Restrictions on Incinerators.
Section 3734.125 | Rules Governing Beneficial Use of Material From a Horizontal Well.
Section 3734.13 | Enforcement and Emergency Orders.
Section 3734.14 | Exchange, Use, and Recovery of Resources From Hazardous Waste.
Section 3734.141 | Disposing of Acute Hazardous Waste.
Section 3734.15 | Registration and Liability of Transporters and Acceptors of Hazardous Waste.
Section 3734.16 | Generator's Liability for Intentional Violation.
Section 3734.17 | Prohibiting Accepting Waste After Violation by Generator.
Section 3734.18 | Fees - Hazardous Waste Facility Management Fund.
Section 3734.19 | Request to Survey the Locations or Facilities.
Section 3734.20 | Investigations.
Section 3734.21 | Paying Costs of Closing, Constructing or Restoring Facilities.
Section 3734.22 | Agreement With Owner Prior to Cleanup.
Section 3734.24 | Transferring or Selling Cleaned Up Facility.
Section 3734.25 | Paying Portion of Costs of Closing Facility or Abating Pollution.
Section 3734.26 | Grants to and Contracts With Owner of Facility.
Section 3734.27 | Application and Survey to Precede Grant.
Section 3734.28 | Hazardous Waste Clean-Up Fund.
Section 3734.281 | Environmental Protection Remediation Fund.
Section 3734.282 | Natural Resource Damages Fund.
Section 3734.29 | Claim for Personal Injuries or Real Property Damage Resulting From Violation.
Section 3734.30 | State's Liability for Injury or Damage.
Section 3734.31 | Inspecting and Monitoring Facilities.
Section 3734.35 | Affected Community May Request Compensation Agreement.
Section 3734.40 | Policy as to Off-Site Treatment, Storage and Disposal of Wastes.
Section 3734.41 | Qualifications of Licensees and Related Persons Definitions.
Section 3734.42 | Disclosure Statement.
Section 3734.43 | Investigative Demand by Attorney General.
Section 3734.44 | Issuance or Renewal of Permit or License.
Section 3734.45 | Causes for Revocation.
Section 3734.46 | Effect of Disqualification.
Section 3734.47 | Investigations and Review of Applications for Permits and Licenses.
Section 3734.49 | Materials Management Advisory Council.
Section 3734.50 | State Solid Waste Management Plan.
Section 3734.501 | Annual Review of Solid Waste Management in State.
Section 3734.52 | Establishing County or Joint Solid Waste Management Districts.
Section 3734.521 | Change in District Composition.
Section 3734.53 | Contents of County or Joint Solid Waste Management District Plan.
Section 3734.54 | Preparing and Submitting Solid Waste Management Plan.
Section 3734.55 | Preliminary Review of Draft Plan.
Section 3734.56 | Submission of Amended Plan and Certification.
Section 3734.57 | Fees for Waste Disposal.
Section 3734.571 | Disposal Fees Where District Has No Facilities.
Section 3734.573 | Fee for Generation of Solid Wastes Within District.
Section 3734.574 | Generation and Disposal Fees.
Section 3734.575 | Report of Fees and Accounts.
Section 3734.576 | Exemption of Automotive Shredder Residue From Generation Fee.
Section 3734.577 | Exemption From Fees Prohibited.
Section 3734.578 | Fees Inapplicable to Solid Waste Used as Alternative Daily Cover.
Section 3734.61 | Mercury Devices Definitions.
Section 3734.62 | Purchase of Mercury-Added Measuring Device for Classroom Use.
Section 3734.63 | Sale of Mercury-Containing Thermometer for Promotional Purposes.
Section 3734.64 | Sale of Mercury-Added Novelty for Promotional Purposes.
Section 3734.65 | Sale or Installation of Mercury-Containing Thermostat.
Section 3734.70 | Scrap Tire Collection Facilities Rules.
Section 3734.71 | Scrap Tire Storage Facilities Rules.
Section 3734.72 | Scrap Tire Monocell and Monofill Facilities Rules.
Section 3734.73 | Scrap Tire Recovery Facilities Rules.
Section 3734.74 | Scrap Tire Transportation Rules.
Section 3734.75 | Submitting to Written Notice - Collection Facility.
Section 3734.76 | Submitting to Written Notice - Storage Facility.
Section 3734.78 | Submitting to Written Notice - Restoration Facility.
Section 3734.79 | Permit Application Fees.
Section 3734.80 | Municipal Corporation, County, or Township Regulations.
Section 3734.82 | Annual Fee for Scrap Tire Recovery Facility License - Scrap Tire Management Fund.
Section 3734.822 | Scrap Tire Grant Fund.
Section 3734.83 | Registration of Transporters.
Section 3734.84 | Notification Requirements for Persons Who Beneficially Use Scrap Tires.
Section 3734.85 | Enforcement and Removal.
Section 3734.86 | Disposal of Off-Road Construction and Mining Equipment Tires.
Section 3734.87 | Report and Recommendations of Director of Environmental Protection.
Section 3734.90 | Tire Sales Fee Definitions.
Section 3734.901 | Tire Fee Administrative Fund.
Section 3734.902 | Tax Commissioner Administration and Enforcement.
Section 3734.903 | Liability of Wholesale Distributor and Retail Dealer.
Section 3734.904 | Filing Returns.
Section 3734.905 | Refund of Fee.
Section 3734.907 | Personal Liability.
Section 3734.908 | Dissolution, Termination, or Bankruptcy Does Not Discharge Personal Liability.
Section 3734.909 | Limitation on Assessment.
Section 3734.9010 | Tire Fee Administrative Fund.
Section 3734.9011 | Registration of Wholesale Distributors, Retail Dealers.
Section 3734.9012 | Wholesale Distributor to Provide Statement to Customers.
Section 3734.9013 | Prohibited Acts.
Section 3734.9014 | Maintaining List of Registered Distributors.
Section 3734.91 | Definitions - Lead Acid Batteries.
Section 3734.911 | Prohibiting Commingling of Used Lead-Acid Batteries.
Section 3734.912 | Duties of Retailer.
Section 3734.913 | Duties of Wholesaler.
Section 3734.914 | Required Signage.