Effective: March 29, 2006
Latest Legislation: House Bill 100 - 126th General Assembly
(A) As used in this section:
(1) "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting waste or other discarded materials for the purpose of recovering and reusing the materials.
(2) "Automotive shredder residue" means the nonrecyclable residue that is generated as a direct result of processing automobiles, appliances, sheet steel, and other ferrous and nonferrous scrap metals through a hammermill shredder for purposes of recycling and that meets all of the following requirements:
(a) The residue is solid waste.
(b) The residue is not hazardous waste.
(c) The residue created during the recycling process comprises not more than thirty-five per cent of the total weight of material that is processed for recycling.
(d) The residue is generated by processing recycled materials that are to be sold, used, or reused within ninety days of the time when the material is processed.
(B)(1) The solid waste management policy committee of a solid waste management district that is levying a solid waste generation fee under section 3734.573 of the Revised Code may adopt a resolution exempting automotive shredder residue from that fee without the necessity for ratification of the resolution or may include the exemption in an amended solid waste management plan of the district adopted under section 3734.56 of the Revised Code at the time when adoption of an amended plan is required. Not later than seven days after the adoption of such a resolution or the approval of an amended plan, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility or transfer facility that is required to collect generation fees on behalf of the district of the exemption. The exemption shall take effect on the first day of the first month following the month in which notification is sent to each disposal facility and transfer facility, as applicable.
The policy committee of a solid waste management district may establish procedures and requirements, including record-keeping procedures and requirements, that are necessary for the administration and enforcement of an exemption established under division (B)(1) of this section.
(2) If the policy committee of a solid waste management district has adopted a resolution under division (B)(1) of this section and the committee seeks to continue exempting automotive shredder residue from the district's generation fee at the time when the district is required to adopt an amended solid waste management plan under section 3734.56 of the Revised Code, the committee shall include the exemption in the amended plan of the district. If the exemption is not included in the amended plan of the district, the exemption shall expire and shall cease to apply as provided in division (C) of this section.
(C) If the policy committee of a solid waste management district seeks to eliminate an exemption of automotive shredder residue from the district's generation fee that was established under division (B)(1) of this section, the committee shall adopt a resolution eliminating the exemption without the necessity for ratification of the resolution. After adoption of the resolution and if the district has included the exemption in its amended solid waste management plan in accordance with either division (B)(1) or (2) of this section, the committee shall subsequently amend the plan to reflect the elimination of the exemption at the time when the adoption of an amended plan is required under section 3734.56 of the Revised Code.
Upon expiration of the exemption or adoption of a resolution eliminating the exemption, the policy committee shall notify by certified mail the owner or operator of each solid waste disposal facility or transfer facility that is required to collect generation fees on behalf of the district of the expiration or elimination of the exemption, as applicable. The exemption shall cease to apply on the first day of the first month following the month in which notification is sent to each disposal facility and transfer facility, as applicable.
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.