Ohio Revised Code
Chapter 3734 | Solid and Hazardous Wastes
Section 3734.56 | Submission of Amended Plan and Certification.

Effective: October 29, 1993
Latest Legislation: Senate Bill 165, Senate Bill 153 - 120th General Assembly
(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 (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 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.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Structure Ohio Revised Code

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 3734.021 | Standards for Generators and Transporters of Infectious Wastes and Owners and Operators of Treatment Facilities.

Section 3734.023 | Off-Site Infectious Waste Treatment Facility Definitions.

Section 3734.024 | Funding for Municipal Corporation or Township for Conducting Environmental Monitoring Programs in Connection With Off-Site Infectious Waste Treatment Facilities.

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 3734.042 | Complaint of Presence of Vectors at Scrap Tire Collection, Storage, Monocell, Monofill, or Recovery Facility.

Section 3734.05 | Licensing Requirements.

Section 3734.058 | Limiting Regulations by Local Authorities.

Section 3734.06 | Annual Fee for Solid Waste Facility License - Special Fund - Special Infectious Waste Fund.

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 3734.10 | Injunction.

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 3734.122 | Storage and Disposal of Polychlorinated Biphenyls, Substances, Equipment, and Devices Containing or Contaminated With Polychlorinated Biphenyls.

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 3734.23 | Acquiring Facility Constituting Imminent and Substantial Threat - Restoration Contracts.

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 3734.531 | Effect of Failure of District to Add Members to Policy Committee or Board of Trustees.

Section 3734.54 | Preparing and Submitting Solid Waste Management Plan.

Section 3734.55 | Preliminary Review of Draft Plan.

Section 3734.551 | Reimbursement of Director for Expenses of Preparing and Ordering Implementation of Plan or Amended 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 3734.572 | Disposal Fee to Defray Costs of Initial Plan of District Without Disposal Facility.

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 3734.60 | Plastic Containers Labeled With Code for Basic Material Used in Bottle or Container.

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 3734.77 | Notice of Operation by Owner or Operator of a Scrap Tire Monocell or Monofill 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 3734.81 | Obtaining License From Board of Health or Director of Environmental Protection Agency.

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 3734.906 | Records.

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.

Section 3734.915 | No Signage for Lead-Acid Battery Cases.

Section 3734.99 | Penalty.