HB 222: Revise solid waste and construction and demolition debris laws

As Introduced

136th General Assembly Regular Session 2025-2026

H. B. No. 222

Representatives Click, Mathews, T. Cosponsor: Representative McClain

To amend sections 343.01, 343.011, 343.012, 1
343.022, 343.08, 3714.07, 3714.073, 3734.521, 2
3734.53, 3734.56, 3734.57, and 3734.574 and to 3
enact section 3734.522 of the Revised Code to 4
make changes to the laws governing the transfer 5
and disposal of solid waste and construction and 6
demolition debris and to provide for new 7
procedures governing a county's withdrawal from 8
a joint solid waste management district. 9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 343.01, 343.011, 343.012, 10
343.022, 343.08, 3714.07, 3714.073, 3734.521, 3734.53, 3734.56, 11
3734.57, and 3734.574 be amended and section 3734.522 of the 12
Revised Code be enacted to read as follows: 13
Sec. 343.01. (A) In order to comply with division (B) of 14
section 3734.52 of the Revised Code, the board of county 15
commissioners of each county shall do one of the following: 16
(1) Establish, by resolution, and maintain a county solid 17
waste management district under this chapter that consists of 18
all the incorporated and unincorporated territory within the 19

H. B. No. 222 As Introduced

county except as otherwise provided in division (A) of this 20
section; 21
(2) With the boards of county commissioners of one or more 22
other counties establish, by agreement, and maintain a joint 23
solid waste management district under this chapter that consists 24
of all the incorporated and unincorporated territory within the 25
counties forming the joint district except as otherwise provided 26
in division (A) of this section. 27
If a municipal corporation is located in more than one 28
solid waste management district, the entire municipal 29
corporation shall be considered to be included in and shall be 30
under the jurisdiction of the district in which a majority of 31
the population of the municipal corporation resides. 32
A county and joint district established to comply with 33
division (B) of section 3734.52 of the Revised Code shall have a 34
population of not less than one hundred twenty thousand unless, 35
in the instance of a county district, the board of county 36
commissioners has obtained an exemption from that requirement 37
under division (C)(1) or (2) of that section. Each joint 38
district established to comply with an order issued under 39
division (D) of that section shall have a population of at least 40
one hundred twenty thousand. 41
(B) The boards of county commissioners of the counties 42
establishing a joint district constitute, collectively, the 43
board of directors of the joint district, except that if a 44
county with a form of legislative authority other than a board 45
of county commissioners participates, it shall be represented on 46
the board of directors by three persons appointed by the 47
legislative authority. 48

H. B. No. 222 As Introduced

The agreement to establish and maintain a joint district 49
shall be ratified by resolution of the board of county 50
commissioners of each participating county. Upon ratification, 51
the board of directors shall take control of and manage the 52
joint district subject to this chapter, except that, in the case 53
of a joint district formed pursuant to division $\nleftarrow$ (B), (D)(C), 54
or (E) (D) of section 343.012 of the Revised Code, the board of 55
directors shall take control of and manage the district when the 56
formation of the district becomes final under the applicable 57
division. A majority of the board of directors constitutes a 58
quorum, and a majority vote is required for the board to act. 59
A county participating in a joint district may contribute 60
lands or rights or interests therein, money, other personal 61
property or rights or interests therein, or services to the 62
district. The agreement shall specify any contributions of 63
participating counties and the rights of the participating 64
counties in lands or personal property, or rights or interests 65
therein, contributed to or otherwise acquired by the joint 66
district. The agreement may be amended or added to by a majority 67
vote of the board of directors, but no amendment or addition 68
shall divest a participating county of any right or interest in 69
lands or personal property without its consent. 70
The board of directors may appoint and fix the 71
compensation of employees of, accept gifts, devises, and 72
bequests for, and take other actions necessary to control and 73
manage the joint district. Employees of the district shall be 74
considered county employees for the purposes of Chapter 124. of 75
the Revised Code and other provisions of state law applicable to 76
employees. Instead of or in addition to appointing employees of 77
the district, the board of directors may agree to use employees 78
of one or more of the participating counties in the service of 79

H. B. No. 222 As Introduced

the joint district and to share in their compensation in any 80
manner that may be agreed upon. 81

The board of directors shall do one of the following: 82

(1) Designate the county auditor, including any other 83
official acting in a capacity similar to a county auditor under 84
a county charter, of a county participating in the joint 85
district as the fiscal officer of the district, and the county 86
treasurer, or other official acting in a capacity similar to a 87
county treasurer under a county charter, of that county as the 88
treasurer of the district. The designated county officials shall 89
perform any applicable duties for the district as each typically 90
performs for the county of which the individual is an official, 91
except as otherwise may be provided in any bylaws or resolutions 92
adopted by the board of directors. The board of directors may 93
pay to that county any amount agreed upon by the board of 94
directors and the board of county commissioners of that county 95
to reimburse that county for the cost properly allocable to the 96
service of its officials as fiscal officer and treasurer of the 97
joint district. 98
(2) Appoint one individual who is neither a county auditor 99
nor a county treasurer, and who may be an employee of the 100
district, to serve as both the treasurer of the district and its 101
fiscal officer. That individual shall act as custodian of the 102
funds of the board and the district and shall maintain all 103
accounts of the district. Any reference in this chapter or 104
Chapter 3734. of the Revised Code to a county auditor or county 105
treasurer serving as fiscal officer of a district or custodian 106
of any funds of a board or district is deemed to refer to an 107
individual appointed under division (B)(2) of this section. 108

The fiscal officer of a district shall establish a general

H. B. No. 222 As Introduced

fund and any other necessary funds for the district. 110

(C) A board of county commissioners of a county district 111
or board of directors of a joint district may acquire, by 112
purchase or lease, construct, improve, enlarge, replace, 113
maintain, and operate such solid waste collection systems within 114
their respective districts and such solid waste facilities 115
within or outside their respective districts as are necessary 116
for the protection of the public health. A board of county 117
commissioners may acquire within its county real property or any 118
estate, interest, or right therein, by appropriation or any 119
other method, for use by a county or joint district in 120
connection with such facilities. Appropriation proceedings shall 121
be conducted in accordance with sections 163.01 to 163.22 of the 122
Revised Code. 123
(D) The sanitary engineer or sanitary engineering 124
department of a county maintaining a district and any sanitary 125
engineer or sanitary engineering department of a county in a 126
joint district, as determined by the board of directors, in 127
addition to other duties assigned to that engineer or 128
department, shall assist the board of county commissioners or 129
directors in the performance of their duties under this chapter 130
and sections 3734.52 to 3734.575 of the Revised Code and shall 131
be charged with any other duties and services in relation 132
thereto that the board prescribes. A board may employ registered 133
professional engineers to assist the sanitary engineer in those 134
duties and also may employ financial advisers and any other 135
professional services it considers necessary to assist it in the 136
construction, financing, and maintenance of solid waste 137
collection or other solid waste facilities. Such contracts of 138
employment shall not require the certificate provided in section 139
5705.41 of the Revised Code. Payment for such services may be 140

H. B. No. 222 As Introduced

made from the general fund or any other fund legally available 141
for that use at times that are agreed upon or as determined by 142
the board of county commissioners or directors, and the funds 143
may be reimbursed from the proceeds of bonds or notes issued to 144
pay the cost of any improvement to which the services related. 145
(E)(1) The prosecuting attorney of the county shall serve 146
as the legal advisor of a county district and shall provide such 147
services to the board of county commissioners of the district as 148
are required or authorized to be provided to other county boards 149
under Chapter 309. of the Revised Code, except that, if the 150
board considers it to be necessary or appropriate, the board, on 151
its own initiative, may employ an attorney or other legal 152
counsel on an annual basis to serve as the legal advisor of the 153
district in place of the prosecuting attorney. When the 154
prosecuting attorney is serving as the district's legal advisor 155
and the board considers it to be necessary or appropriate, the 156
board, on its own initiative, may employ an attorney or other 157
legal counsel to represent or advise the board regarding a 158
particular matter in place of the prosecuting attorney. The 159
employment of an attorney or other legal counsel on an annual 160
basis or in a particular matter is not subject to or governed by 161
sections 305.14 and 309.09 of the Revised Code. 162
Notwithstanding the employment of an attorney or other 163
legal counsel on an annual basis to serve as the district's 164
legal advisor, the board may require written opinions or 165
instructions from the prosecuting attorney under section 309.09 166
of the Revised Code in matters connected with its official 167
duties as though the prosecuting attorney were serving as the 168
legal advisor of the district. 169

(2) The board of directors of a joint district may 170

H. B. No. 222 As Introduced

designate the prosecuting attorney of one of the counties 171
forming the district to serve as the legal advisor of the 172
district. When so designated, the prosecuting attorney shall 173
provide such services to the joint district as are required or 174
authorized to be provided to county boards under Chapter 309. of 175
the Revised Code. The board of directors may pay to that county 176
any amount agreed upon by the board of directors and the board 177
of county commissioners of that county to reimburse that county 178
for the cost properly allocable to the services of its 179
prosecuting attorney as the legal advisor of the joint district. 180
When that prosecuting attorney is so serving and the board 181
considers it to be necessary or appropriate, the board, on its 182
own initiative, may employ an attorney or other legal counsel to 183
represent or advise the board regarding a particular matter in 184
place of the prosecuting attorney. 185
Instead of designating the prosecuting attorney of one of 186
the counties forming the district to be the legal advisor of the 187
district, the board of directors may employ on an annual basis 188
an attorney or other legal counsel to serve as the district's 189
legal advisor. Notwithstanding the employment of an attorney or 190
other legal counsel as the district's legal advisor, the board 191
of directors may require written opinions or instructions from 192
the prosecuting attorney of any of the counties forming the 193
district in matters connected with the board's official duties, 194
and the prosecuting attorney shall provide the written opinion 195
or instructions as though the prosecuting attorney had been 196
designated to serve as the district's legal advisor under 197
division (E)(2) of this section. 198
(F) A board of county commissioners may issue bonds or 199
bond anticipation notes of the county to pay the cost of 200
preparing general and detailed plans and other data required for 201

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action of solid waste facilities in connection with a		202
loint district. A board of directors of a joint solid
		203
	gement district may issue bonds or bond anticipation	204
	ne joint solid waste management district to pay the	205
	eparing general and detailed plans and other data	206
	or the construction of solid waste facilities in	207
	with a joint district. The bonds and notes shall be	208
	accordance with Chapter 133. of the Revised Code,	209
	.the maximum maturity of bonds issued for that	210
	all not exceed ten years. Bond anticipation notes may	211
	om the proceeds of bonds issued either to pay the cost	212
	d waste facilities or to pay the cost of the plans	213 214
lata。
		215
	e district approved under section 3734.521 or 3734.55	216
	sed Code or subsequent amended plans of the district	217
	nder section 3734.521 or 3734.56 of the Revised Code,	218
	of county commissioners of a county district or board	219
any of the following:	cs of a joint district may adopt, publish, and enforce	220
		221
	rohibiting or limiting the receipt of solid wastes	222
	outside the district or outside a service area	223
	in the solid waste management plan or amended plan,	224
	es located within the solid waste management	225
	consistent with the projections contained in the plan	226
	plan under divisions (A)(6）and (7）of section	227
	the Revised Code. However, rules adopted by a board	228
	sion (G)(l） of this section may be adopted and	229
	.th respect to solid waste disposal facilities in the	230
	management district that are not owned by a county	231
	d waste management district only if the board submits	232

H. B. No. 222 As Introduced

an application to the director of environmental protection that 233
demonstrates that there is insufficient capacity to dispose of 234
all solid wastes that are generated within the district at the 235
solid waste disposal facilities located within the district and 236
the director approves the application. The demonstration in the 237
application shall be based on projections contained in the plan 238
or amended plan of the district. The director shall establish 239
the form of the application. The approval or disapproval of such 240
an application by the director is an action that is appealable 241
under section 3745.04 of the Revised Code. 242
In addition, the director of environmental protection may 243
issue an order modifying a rule adopted under division (G)(1) of 244
this section to allow the disposal in the district of solid 245
wastes from another county or joint solid waste management 246
district if all of the following apply: 247
(a) The district in which the wastes were generated does 248
not have sufficient capacity to dispose of solid wastes 249
generated within it for six months following the date of the 250
director's order. 251
(b) No new solid waste facilities will begin operation 252
during those six months in the district in which the wastes were 253
generated and, despite good faith efforts to do so, it is 254
impossible to site new solid waste facilities within the 255
district because of its high population density. 256
(c) The district in which the wastes were generated has 257
made good faith efforts to negotiate with other districts to 258
incorporate its disposal needs within those districts' solid 259
waste management plans, including efforts to develop joint 260
facilities authorized under section 343.02 of the Revised Code, 261
and the efforts have been unsuccessful. 262

H. B. No. 222 As Introduced

(d) The district in which the wastes were generated has 263
located a facility willing to accept the district's solid wastes 264
for disposal within the receiving district. 265
(e) The district in which the wastes were generated has 266
demonstrated to the director that the conditions specified in 267
divisions (G)(1)(a) to (d) of this section have been met. 268
(f) The director finds that the issuance of the order will 269
be consistent with the state solid waste management plan and 270
that receipt of the out-of-district wastes will not limit the 271
capacity of the receiving district to dispose of its in-district 272
wastes to less than eight years. 273
Any order issued under division (G)(1) of this section 274
shall not become final until thirty days after it has been 275
served upon the county or joint solid waste management district 276
that will receive the out-of-district wastes either by certified 277
mail or, if the director has record of an internet identifier of 278
record associated with the district, by ordinary mail and by 279
that internet identifier of record. 280
(2) Governing the maintenance, protection, and use of 281
solid waste collection or other solid waste facilities located 282
within its district. The rules adopted under division (G)(2) of 283
this section shall not establish design standards for solid 284
waste facilities and shall be consistent with the solid waste 285
provisions of Chapter 3734. of the Revised Code and the rules 286
adopted under those provisions. The rules adopted under division 287
(G)(2) of this section may prohibit any person, municipal 288
corporation, township, or other political subdivision from 289
constructing, enlarging, or modifying any solid waste facility 290
until general plans and specifications for the proposed 291
improvement have been submitted to and approved by the board of 292

H. B. No. 222 As Introduced

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 315
program for the inspection of solid wastes generated outside the 316
boundaries of this state that are disposed of at solid waste 317
facilities included in the district's solid waste management 318
plan or amended plan. A board of county commissioners or board 319
of directors or its authorized representative may enter upon the 320
premises of any solid waste facility included in the district's 321
solid waste management plan or amended plan for the purpose of 322
conducting the inspections required or authorized by the rules 323

H. B. No. 222 As Introduced

adopted under division (G)(3) of this section. No person, 324
municipal corporation, township, or other political subdivision 325
shall forbid or interfere with a board of county commissioners 326
or directors or its authorized representative entering upon the 327
premises of any such solid waste facility for that purpose. 328
(4) Exempting the owner or operator of any existing or 329
proposed solid waste facility provided for in the plan or 330
amended plan from compliance with any amendment to a township 331
zoning resolution adopted under section 519.12 of the Revised 332
Code or to a county rural zoning resolution adopted under 333
section 303.12 of the Revised Code that rezoned or redistricted 334
the parcel or parcels upon which the facility is to be 335
constructed or modified and that became effective within two 336
years prior to the filing of an application for a permit 337
required under division (A)(2)(a) of section 3734.05 of the 338
Revised Code to open a new or modify an existing solid waste 339
facility. 340
(H) A board of county commissioners or board of directors 341
may enter into a contract with any person, municipal 342
corporation, township, or other political subdivision for the 343
operation and maintenance of any solid waste facilities 344
regardless of whether the facilities are owned or leased by the 345
county or joint district or the contractor. 346
(I)(1) No person, municipal corporation, township, or 347
other political subdivision shall tamper with or damage any 348
solid waste facility constructed under this chapter or any 349
apparatus or accessory connected therewith or pertaining 350
thereto, fail or refuse to comply with the applicable rules 351
adopted by a board of county commissioners or directors under 352
division (G)(1), (2), (3), or (4) of this section, refuse to 353

H. B. No. 222 As Introduced

permit an inspection or examination by a sanitary engineer as 354
authorized under division (G)(2) of this section, or refuse to 355
permit an inspection by a board of county commissioners or 356
directors or its authorized representative as required or 357
authorized by rules adopted under division (G)(3) of this 358
section. 359
(2) If the board of county commissioners of a county 360
district or board of directors of a joint district has 361
established facility designations under section 343.013, 362
343.014, or 343.015 of the Revised Code, or the director has 363
established facility designations in the initial or amended plan 364
of the district prepared and ordered to be implemented under 365
section 3734.521, 3734.55, or 3734.56 of the Revised Code, no 366
person, municipal corporation, township, or other political 367
subdivision shall deliver, or cause the delivery of, any solid 368
wastes generated within a county or joint district to any solid 369
waste facility other than the facility designated under section 370
343.013, 343.014, or 343.015 of the Revised Code, or in the 371
initial or amended plan of the district prepared and ordered to 372
be implemented under section 3734.521, 3734.55, or 3734.56 of 373
the Revised Code, as applicable, except that source separated 374
recyclable materials may be taken to any legitimate recycling 375
facility. Upon the request of a person or the legislative 376
authority of a municipal corporation or township, the board of 377
county commissioners of a county district or board of directors 378
of a joint district may grant a waiver authorizing the delivery 379
of all or any portion of the solid wastes generated in a 380
municipal corporation or township to a solid waste facility 381
other than the facility designated under section 343.013, 382
343.014, or 343.015 of the Revised Code, or in the initial or 383
amended plan of the district prepared and ordered to be 384

H. B. No. 222 As Introduced

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 405
not apply to the construction, operation, use, repair, 406
enlargement, or modification of either of the following: 407
(1) A solid waste facility owned by a generator of solid 408
wastes when the solid waste facility exclusively disposes of 409
solid wastes generated at one or more premises owned by the 410
generator regardless of whether the facility is located on a 411
premises where the wastes are generated; 412
(2) A facility that exclusively disposes of wastes that 41
are generated from the combustion of coal, or from the 41

H. B. No. 222 As Introduced

combustion of primarily coal in combination with scrap tires, 415
that is not combined in any way with garbage at one or more 416
premises owned by the generator. 417

(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 437
307.15 or sections 3734.52 to 3734.575 of the Revised Code 438
between the district and a county planning commission organized 439
under section 713.22 of the Revised Code, or regional planning 440
commission created under section 713.21 of the Revised Code, 441
having territorial jurisdiction within the district, of which 442
that member also is a member, officer, or employee, but only to 443
the extent that any interest or influence could arise from 444

H. B. No. 222 As Introduced

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.

445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474

(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,

H. B. No. 222 As Introduced

directors, or trustees, or an officer or employee, of a solid 475
waste management district so described or referred to and an 476
officer or employee of a county, municipal corporation, 477
township, health district, or planning commission so described 478
or referred to may participate fully in deliberations concerning 479
and vote on or otherwise participate in the approval or 480
disapproval of any contract or expenditure of funds described in 481
those divisions as a member of the board of county commissioners 482
or directors, or an officer or employee, of a county or joint 483
solid waste management district; member of the board of 484
trustees, or an officer or employee, of a regional solid waste 485
management authority managing a county or joint solid waste 486
management district; member of the legislative authority, or an 487
officer or employee, of a county forming the district; member of 488
the legislative authority, or an officer or employee, of a 489
municipal corporation or township located within the district; 490
member of the board of health, or an officer or employee, of a 491
health district having territorial jurisdiction within the 492
district; or member of the planning commission, or an officer or 493
employee of a county or regional planning commission having 494
territorial jurisdiction within the district. 495
(3) Nothing in division (K)(1) or (2) of this section 496
shall be construed to exempt any member of the board of county 497
commissioners, directors, or trustees, or an officer or 498
employee, of a solid waste management district from a conflict 499
of interest arising because of a personal or private business 500
interest. 501
(4) A member of the board of county commissioners of a 5
county solid waste management district, board of directors of a 5
joint solid waste management district, or board of trustees of a 5
regional solid waste management authority managing a county or 5

H. B. No. 222 As Introduced

joint solid waste management district, or an officer or 506
employee, of any such solid waste management district, neither 507
shall be disqualified from holding any other public office or 508
position of employment nor be required to forfeit any other 509
public office or position of employment by reason of serving as 510
a member of the board of county commissioners, directors, or 511
trustees, or as an officer or employee, of the district, 512
notwithstanding any requirement to the contrary under the common 513
law of this state or the Revised Code. 514
(L) As used in this chapter: 515
(1) "Board of health," "disposal," "health district," 516
"scrap tires," and "solid waste transfer facility" have the sam 517
meanings as in section 3734.01 of the Revised Code. 518
(2) "Change in district composition" and "change" have the 519
same meaning as in section 3734.521 of the Revised Code. 520
(3)(a) Except as provided in division (L)(3)(b) or (c), 521
and (d), of this section, "solid wastes" has the same meaning as 522
in section 3734.01 of the Revised Code. 523
(b) If the solid waste management district is not one that 524
resulted from proceedings for a change in district composition 525
under sections 343.012 and 3734.521 of the Revised Code, until 526
such time as an amended solid waste management plan is approved 527
under section 3734.56 of the Revised Code, "solid wastes" need 528
not include scrap tires unless the solid waste management policy 529
committee established under section 3734.54 of the Revised Code 530
for the district chooses to include the management of scrap 531
tires in the district's initial solid waste management plan 532
prepared under sections 3734.54 and 3734.55 of the Revised Code. 533
(c) If the solid waste management district is one 534

H. B. No. 222 As Introduced

resulting from proceedings for a change in district composition 535
under sections 343.012 and 3734.521 of the Revised Code and if 536
the change involves an existing district that is operating under 537
either an initial solid waste management plan approved or 538
prepared and ordered to be implemented under section 3734.55 of 539
the Revised Code or an initial or amended plan approved or 540
prepared and ordered to be implemented under section 3734.521 of 541
the Revised Code that does not provide for the management of 542
scrap tires and scrap tire facilities, until such time as the 543
amended plan of the district resulting from the change is 544
approved under section 3734.56 of the Revised Code, "solid 545
wastes" need not include scrap tires unless the solid waste 546
management policy committee established under division (C) of 547
section 3734.521 of the Revised Code for the district chooses to 548
include the management of scrap tires in the district's initial 549
or amended solid waste management plan prepared under section 550
3734.521 of the Revised Code in connection with the change 551
proceedings. 552

(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), 561
and (d) of this section, "facility" has the same meaning as in 562
section 3734.01 of the Revised Code and also includes any solid 563
waste transfer, recycling, or resource recovery facility. 564

H. B. No. 222 As Introduced

(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 576
resulting from proceedings for a change in district composition 577
under sections 343.012 and 3734.521 of the Revised Code and if 578
the change involves an existing district that is operating under 579
either an initial solid waste management plan approved under 580
section 3734.55 of the Revised Code or an initial or amended 581
plan approved or prepared and ordered to be implemented under 582
section 3734.521 of the Revised Code that does not provide for 583
the management of scrap tires and scrap tire facilities, until 584
such time as the amended plan of the district resulting from the 585
change is approved under section 3734.56 of the Revised Code, 586
"facility" need not include scrap tires unless the solid waste 587
management policy committee established under division (C) of 588
section 3734.521 of the Revised Code for the district chooses to 589
include the management of scrap tires in the district's initial 590
or amended solid waste management plan prepared under section 591
3734.521 of the Revised Code in connection with the change 592
proceedings. 593
(d) If the policy committee chooses to include the 594
management of scrap tires in an initial plan prepared under 595

H. B. No. 222 As Introduced

sections 3734.54 and 3734.55 of the Revised Code or in an 596
initial or amended plan prepared under section 3734.521 of the 597
Revised Code, the board of county commissioners or directors 598
shall execute all of the duties imposed and may exercise any or 599
all of the rights granted under this section for the purpose of 600
managing solid waste facilities that are scrap tire collection, 601
storage, monocell, monofill, or recovery facilities. 602
(M) As used in this section: 603
(1) "Source separated recyclable materials" means 604
materials that are separated from other solid wastes at the 605
location where the materials are generated for the purpose of 606
recycling the materials at a legitimate recycling facility. 607
(2) "Legitimate recycling facility" has the same meaning 608
as in rule 3745-27-01 of the Administrative Code. 609
(3) "Internet identifier of record" has the same meaning 610
as in section 9.312 of the Revised Code. 611
Sec. 343.011. (A) The board of county commissioners of a 612
county or the board of directors of a joint solid waste 613
management district established under this chapter, upon its own 614
initiative or at the request of the legislative authority of any 615
municipal corporation or township located in the district, may 616
adopt a resolution proposing the formation of a regional solid 617
waste management authority for the purpose of executing all the 618
duties and responsibilities imposed on or granted to the board 619
under this chapter. Upon adoption of such a resolution, the 620
board shall send a copy of it to the legislative authority of 621
each municipal corporation and township located in the district 622
and shall request each legislative authority to vote on the 623
question of the formation of such a regional authority. 624

H. B. No. 222 As Introduced

The board of county commissioners or board of directors 625
shall declare the proposal to have been adopted upon determining 626
that the legislative authorities of a combination of municipal 627
corporations and townships with a combined population within the 628
boundaries of the district comprising at least sixty per cent of 629
the total population of the district have approved the proposal, 630
provided that that combination shall include the municipal 631
corporation having the largest population in each county within 632
the boundaries of the district. Upon the adoption of the 633
proposal, the board of county commissioners or board of 634
directors shall enter into an agreement with the legislative 635
authorities of the municipal corporations and townships in the 636
district to form a regional solid waste management authority, 637
which agreement shall include, without limitation, procedures 638
for the appointment of a board of trustees of the authority to 639
be comprised of at least the president of the board of county 640
commissioners of each county in the district or his the 641
president's designee, the chief executive officer of the 642
municipal corporation having the largest population within the 643
boundaries of each county in the district or his the chief 644
executive officer's designee, a member representing the 645
townships within each county in the district chosen by a 646
majority of the boards of township trustees within each county, 647
the health commissioner of the health district having the 648
largest territorial jurisdiction within each county in the 649
district or his the health commissioner's designee, and one 650
member representing the public to be appointed by the other 651
members of the board. 652
The agreement forming the regional authority shall be 653
adopted in the same manner as the initial proposal to form the 654
regional authority. Not later than thirty days after the 655

H. B. No. 222 As Introduced

adoption of the agreement, the board of trustees appointed under 656
it shall mail a copy of the agreement to the director of 657
environmental protection. 658
(B) Following the formation of a regional solid waste 659
management authority under division (A) of this section, all the 660
duties and responsibilities imposed on or granted to a board of 661
county commissioners or a board of directors under this chapter 662
shall be vested in and exercised by the board of trustees of the 663
regional authority. Those duties and responsibilities shall 664
include, without limitation, all of the following: 665
(1) Appointment of employees necessary to manage the 666
affairs of the district, including, without limitation, an 667
executive director, and a sanitary engineer or engineers to 668
execute the responsibilities assigned to the county sanitary 669
engineer under this chapter; 670
(2) Acquisition, construction, improvement, enlargement, 671
replacement, maintenance, and operation of solid waste 672
facilities within the district; 673
(3) Issuance of bonds and bond anticipation notes in 674
accordance with Chapter 133. of the Revised Code. 675
(C) In addition to the duties and responsibilities 676
identified in division (B) of this section and division (H) of 677
section 3734.54 of the Revised Code, the board of trustees of a 678
regional solid waste management authority may do any of the 679
following: 680
(1) Adopt bylaws for the regulation of its affairs and the 681
conduct of its business; 682
(2) Maintain an office within its county or joint solid 683
waste management district; 684

H. B. No. 222 As Introduced

(3) Provide coverage for its employees under Chapters 685
145., 4123., and 4141. of the Revised Code and procure and pay 686
all or any part of the cost of group hospitalization, surgical, 687
major medical, and sickness and accident insurance and group 688
life insurance for its employees; 689

(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; 702
(7) Make contracts in the exercise of the rights, powers, 703
and duties conferred upon the regional authority; 704
(8) Do all acts necessary or proper to carry out the 705
duties and responsibilities imposed on or granted to the board 706
under this chapter and sections 3734.52 to 3734.575 of the 707
Revised Code. 708
(D) The board of trustees of a regional solid waste 709
management authority in a county solid waste management district 710
may designate the prosecuting attorney of the county to serve as 711
the legal advisor of the authority, and the board of trustees of 712
an authority in a joint district may designate the prosecuting 713

H. B. No. 222 As Introduced

attorney of one of the counties forming the district to serve as the legal advisor of the authority. The designated prosecuting attorney shall provide such services to the authority as are required or authorized to be provided to county boards under Chapter 309. of the Revised Code. The board of trustees may pay to the county whose prosecuting attorney is serving as the authority's legal advisor any amount agreed upon by the board of trustees and the board of county commissioners of that county to reimburse that county for the cost properly allocable to the services of its prosecuting attorney as the authority's legal advisor. When a prosecuting attorney is so serving and the board considers it to be necessary or appropriate, the board, on its own initiative, may employ an attorney or other legal counsel to advise the board regarding a particular matter in place of the prosecuting attorney.

Instead of designating the prosecuting attorney of the county or of one of the counties forming the district, as appropriate, to be the legal advisor of the regional authority, the board of trustees may employ on an annual basis an attorney or other legal counsel to serve as the authority's legal advisor. Notwithstanding the employment of an attorney or other legal counsel on an annual basis as the authority's legal advisor, the board of trustees may require written opinions or instructions from the prosecuting attorney of the county or, in the case of a joint district, any of the counties forming the district in matters connected with the board's official duties, and the prosecuting attorney shall provide the written opinion or instructions as though he the prosecuting attorney had been designated to serve as the authority's legal advisor under this division.

(E) Within ninety days after October 29, 1993, one member

H. B. No. 222 As Introduced

representing industrial, commercial, or institutional generators 745
of solid wastes within the district and one member representing 746
the general interests of citizens who shall have no conflict of 747
interest through affiliation with a waste management company or 748
with any entity that is a significant generator of solid wastes 749
shall be added to the board of trustees of a regional authority 750
formed in a county district. In the case of a regional authority 751
formed in a joint district, one member shall be added to the 752
board of trustees from each county that is a member of the joint 753
district to represent industrial, commercial, or institutional 754
generators of solid wastes within the county, and one member 755
shall be added to the board from each such county to represent 756
the general interests of citizens who shall have no conflict of 757
interest through affiliation with a waste management company or 758
with any entity that is a significant generator of solid wastes. 759
The members representing generators and the general interests of 760
citizens shall be added to the board of trustees without the 761
necessity for amending the agreement to form the regional 762
authority. They shall be appointed in the same manner as the 763
public member of the board is required to be appointed under 764
this section and shall serve for terms of the same length as the 765
other members, as provided in the agreement. 766
(F) As used in this chapter and in division (E) of section 767
3714.07 of the Revised Code, divisions (D) to (H) of section 768
3734.57 of the Revised Code, and sections 3734.571, 3734.572, 769
3734.573, 3734.574, and 3734.575 of the Revised Code, and as 770
used in Chapter 133. of the Revised Code for the purposes of 771
this chapter, any reference to a board of county commissioners 772
of a county or a board of directors of a joint solid waste 773
management district is deemed to include the board of trustees 774
of a regional solid waste management authority, and any 775

H. B. No. 222 As Introduced

reference to the county sanitary engineer is deemed to include 776
any sanitary engineer employed by a regional authority. 777

Sec. 343.012. (A) As used in this section: 778

(1) "Change in district composition" and "change" have the 779
same meaning as in section 3734.521 of the Revised Code. 780
(2) "Deliver" has the same meaning as in division (G)(2) 781
of section 3734.55 of the Revised Code. 782
(B) The board of county commissioners of a county forming 783
a joint solid waste management district may initiate proceedings 784
to withdraw from the district by adopting a resolution 785
requesting to withdraw. Upon adopting the resolution, the board 786
shall deliver a copy of it to the board of directors of the 787
district. Upon receiving the resolution, the board of directors 788
shall deliver written notice of the proposed withdrawal to the 789
boards of county commissioners of the other counties forming the 790
district. Within sixty days after receiving the notice, the 791
other boards of county commissioners each shall adopt a 792
resolution approving or disapproving the proposed withdrawal and 793
deliver a copy of the resolution to the board of directors. If 794
any of the other boards of county commissioners adopts a 795
resolution of disapproval, the board of directors shall declare 796
the proposed withdrawal to be disapproved and shall deliver 797
written notice of the disapproval to the boards of county 798
commissioners of the affected counties. If all of the other 799
boards of county commissioners adopt a resolution approving the 800
proposed withdrawal, the board of directors shall declare the 801
withdrawal to be approved and shall deliver written notice of 802
the approval to the boards of county commissioners of the 803
affected counties. The board of directors shall determine 804
whether the withdrawal has been approved or disapproved and 805

H. B. No. 222 As Introduced

deliver the required written notice of the approval or 806
disapproval to the boards of county commissioners of the 807
affected counties within thirty days after receiving the 808
resolutions of approval or disapproval from those boards. 809
Promptly after the approval of the withdrawal, proceedings shall 810
be initiated in accordance with division (E) of section 3734.521 811
of the Revised Code to effect the withdrawal. 812
A withdrawal becomes final on the first day of January 813
following the date on which the applicable conditions set forth 814
in division (G)(1), (2), (3), or (4) of section 3734.521 of the 815
Revised Code have been met in connection with the change in 816
district composition that involves the withdrawal. On and after 817
that first day of January, the withdrawing county ceases to be a 818
part of the joint district, its members on the board of 819
directors shall cease to be members of the board, and its power 820
to levy a tax upon taxable property to support the district 821
terminates, except that the county shall continue to levy and 822
collect any taxes levied for the payment of indebtedness of the 823
district as it was composed at the time the indebtedness was 824
incurred. Upon the withdrawal of a county from a joint district, 825
the board of directors shall ascertain, apportion, and order a 826
division of the funds on hand, credits, and real and personal 827
property of the district, either in money or in kind, on any 828
equitable basis between the district and the withdrawing county 829
consistent with the agreement to establish and maintain the 830
district entered into and ratified under division (A) of section 831
343.01 of the Revised Code and the prior contributions of the 832
withdrawing county. 833

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

H. B. No. 222 As Introduced

of the funds on hand, credits, and real and personal property of 837
the district. On and after the first day of January on which the 838
latest withdrawal of a county from the district becomes final, 839
the district shall be dissolved. When a joint district is 840
dissolved and any indebtedness remains unpaid, the boards of 841
county commissioners shall continue to levy and collect taxes 842
for the payment of the indebtedness in support of the joint 843
district in the amounts established by the agreement at the time 844
the indebtedness was incurred. 845
For the purposes of this division, "counties forming the 846
joint district" include only the following: 847
(1) The counties that are named as members of the joint 848
district in the solid waste management plan or amended plan of 849
the district approved or ordered to be implemented under section 850
3734.521, 3734.55, or 3734.56 of the Revised Code in effect when 851
the withdrawal proceeding was initiated and that have not 852
previously initiated proceedings under division (B) of this 853
section to withdraw from the joint district; 854
(2) Any counties named as members of the joint district in 855
that plan or amended plan that have initiated a withdrawal 856
proceeding under division (B) of this section that has been 857
declared to be disapproved under that division; 858
(3) If joinder proceedings had previously been concluded 859
under division (D) of this section since that plan or amended 860
plan was approved or ordered to be implemented, any county whose 861
joinder to the district was declared to be approved in those 862
proceedings. 863
(C)(B)(1) The board of county commissioners of a county 864
seeking to establish a new joint district with the board of 865

H. B. No. 222 As Introduced

county commissioners of one or more other counties may initiate 866
proceedings to do so by adopting a resolution proposing the 867
establishment of the joint district. Upon adopting the 868
resolution, the board shall deliver a copy of it to the boards 869
of county commissioners of the other counties to be included in 870
the proposed joint district. 871

(2) If the board proposing the establishment of a new joint district also has initiated proceedings to withdraw from an existing joint district under division (B) of this section 3734.522 of the Revised Code, the board shall not adopt a resolution proposing the establishment until after the proposed withdrawal has been declared to be approved memorandum of understanding has been executed in accordance with that section and, upon adopting the resolution, shall deliver the board delivers a copy of the written notice declaring the withdrawal to be approved under that division memorandum of understanding to the other boards along with the copy of the resolution proposing the establishment of the new district.

(3) Within sixty days after receiving the resolution proposing the establishment of the new joint district and, if applicable, a copy of the notice of the approval of the withdrawalmemorandum of understanding, each of the other boards shall adopt a resolution approving or disapproving the proposed establishment and deliver a copy of it to the board of county commissioners proposing the establishment. However, if any of the other boards also has initiated entered into withdrawal proceedings under division (B) of this section 3734.522 of the Revised Code, and if the withdrawal has been declared to be disapproved or has not yet been declared to be approved or disapproved under that division, that board need not adopt a resolution concerning the proposed establishment, but such board

H. B. No. 222 As Introduced

shall deliver to the board of county commissioners proposing the 897
establishment a copy of the written notice of the disapproval 898
or, if the withdrawal has not yet been declared to be approved 899
or disapproved, written notice of that fact. If the withdrawal 900
has been declared to be approved under division (B) of this 901
section, the board shall deliver a copy of the written notice of 902
the approval with the copy of its resolution approving or 903
disapproving the proposed establishmentexecuted memorandum of 904
understanding entered into under that section. If any of the 905
other boards adopts a resolution of disapproval, or if any of 906
the other boards initiated withdrawal proceedings under division 907
(B) of this section and the withdrawal either has been declared 908
to be disapproved under that division or has not yet been 909
declared to be approved or disapproved under that division when 910
the board of county commissioners so notified the board of 911
county commissioners proposing the establishment, the board of 912
county commissioners proposing the establishment shall declare 913
the proposed establishment to be disapproved and shall deliver 914
written notice of the disapproval to the other boards. If all of 915
the other boards adopt a resolution approving the establishment, 916
and, if any of the other boards initiated such withdrawal 917
proceedings, the withdrawal already has been declared to be 918
approved under that division when the board of county 919
commissioners delivered the resolution approving the 920
establishment to the board of county commissioners proposing the 921
establishment, the board that initiated the proceedings shall 922
declare the establishment to be approved and shall deliver 923
written notice of the approval to the other boards. The board of 924
county commissioners that initiated the proceedings shall 925
determine whether the establishment has been approved or 926
disapproved and deliver the required written notice of the 927
approval or disapproval to the other boards within thirty days 928

H. B. No. 222 As Introduced

after receiving the resolutions of approval or disapproval from 929
the other boards or being otherwise notified by them in 930
accordance with this division. 931

(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 950
may initiate proceedings to join an existing joint district by 951
adopting a resolution requesting membership in the joint 952
district. Upon adoption of the resolution, the board shall 953
deliver a copy of it to the board of directors of the joint 954
district. 955
(2) If the board of county commissioners proposing the 956
joinder also has initiated proceedings to withdraw from an 957
existing joint district under division (B) of this section 958

H. B. No. 222 As Introduced

3734.522 of the Revised Code, the board shall not adopt a resolution proposing the joinder until after the withdrawal has been declared to be approved under that division memorandum of understanding has been executed in accordance with that section and, upon adopting the resolution, such board shall deliver a copy of the written notice declaring the withdrawal to be approved under that division memorandum of understanding to the board of directors of the joint district along with the resolution proposing the joinder. Upon receiving the resolution and, if applicable, a copy of the notice of the approval of the withdrawalmemorandum of understanding, the board of directors shall deliver notice of the proposed joinder to the boards of county commissioners of the counties forming the existing joint district.

(3) Within sixty days after receiving the notice of the 973
proposed joinder, each such board shall adopt a resolution 974
approving or disapproving the joinder and shall deliver a copy 975
of the resolution to the board of directors. If the board of 976
county commissioners of any of the counties forming the existing 977
joint district adopts a resolution of disapproval or if any of 978
the counties that are members of the existing joint district had 979
initiated a withdrawal from it under division (B) of this 980
section that had not yet been declared to be approved or 981
disapproved under that division when the board of county 982
commissioners delivered their resolutions approving or 983
disapproving the joinder to the board of directors, the board of 984
directors shall declare the proposed joinder to be disapproved 985
and shall deliver written notice of the disapproval to the 986
affected boards of county commissioners. If the board of county 987
commissioners of each county forming the existing joint district 988
adopts a resolution approving the proposed joinder and, if any 989

H. B. No. 222 As Introduced

of the counties that are members of the existing joint district 990
has initiated a withdrawal from it under division (B) of this 991
section, the withdrawal has been declared to be approved or 992
disapproved under that division, the board of directors shall 993
declare the joinder to be approved and shall deliver written 994
notice of the approval to the affected boards of county 995
commissioners. The board of directors shall determine whether 996
the joinder has been approved or disapproved and deliver the 997
required written notice of the approval or disapproval to the 998
boards of county commissioners of the affected counties within 999
thirty days after receiving the resolutions of approval or 1000
disapproval from the boards of county commissioners of the 1001
counties forming the existing joint district. 1002

(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 $##\mathcal{I}$ (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

H. B. No. 222 As Introduced

board of directors on the date that the change becomes final.
	1021
(5)_For the purposes of this division_(C) of this section,	1022
"counties forming the existing joint district" include only the	1023
following:	1024
(l>(a) The counties that are named as members of the joint	1025
district in the solid waste management plan or amended plan of	1026
the district approved or ordered to be implemented under section	1027
3734.521， 3734.55， or 3734.56 of the Revised Code in effect when	1028
the joinder proceeding was initiated and that have not initiated	1029
proceedings to withdraw from the joint district under division	1030
(B) of this section_ 3734.522 of the Revised Code;	1031
(2) Any counties named as members of the joint distriet in	1032
that plan or amended plan that have initiated a withdrawal under	1033
division (B)of this section that has been declared to be	1034
disapproved under that division;	1035
(3)(b) If joinder proceedings had previously been	1036
concluded under this division since that plan or amended plan	1037
	1038
	1039
proceedings.	1040
(E)(D) (l) As used in this division:	1041
(a) "Initiating joint district" means the joint district	1042
that initiates proceedings for the union of the district with	1043
another joint district.	1044
	1045
is requested by an initiating joint district to become one joint	1046
district in union.	1047
(c) "Counties forming the existing joint districts"	1048

H. B. No. 222 As Introduced

includes only the following:
	1049
(i） The counties that are named as members of one of the	1050
joint districts affected by the proposed union in the solid	1051
waste management plan or amended plan of the appropriate	1052
district approved or ordered to be implemented under section	1053
3734.521， 3734.55， or 3734.56 of the Revised Code in effect when	1054
	1055
proceedings under section 3734.522 of the Revised Code;	1056
(ii) If joinder proceedings previously had been concluded	1057
under this section to join a county to an existing joint	1058
district affected by the proposed union, any county whose	1059
joinder to the existing joint district was declared to be	1060
approved in that proceeding.	1061
(2) The board of directors of a joint district may	1062
initiate proceedings for the union of the district with another	1063
joint district by adopting a resolution requesting the union.	1064
(3)_If the initiating_joint district whose board of	1065
directors is requesting the union-is affected by a withdrawal	1066
proceeding initiated under division (B)of this-section_3734.522	1067
of the Revised Code, the board of directors of the initiating	1068
joint district_shall not adopt a resolution requesting the union	1069
untilafterit has declared theproposedwithdrawalto be	1070
approved or disapproved under division (B)of this the	1071
memorandum of understanding has been executed in accordance with	1072
that_section. Upon adoption of the resolution, the board shall	1073
deliver a copy of it to the board of directors of the joining	1074
joint district-with which the union is proposed. Within thirty	1075
days after receiving the resolution， the board of directors of	1076
the other joining_joint district shall deliver written notice to	1077
the initiating joint district's board of directors requesting	1078

H. B. No. 222 As Introduced

the union as to whether the other joining joint district is 1079
affected by a withdrawal proceeding initiated under division (B) 1080
of this section 3734.522 of the Revised Code. If the other 1081
joining joint district is so affected, its board of directors 1082
shall deliver with the notice a copy of the resolution proposing 1083
the withdrawal and a copy of the written notice declaring the 1084
withdrawal to be approved or disapproved under division (B) of 1085
this section or, if the withdrawal has not yet been declared to 1086
be approved or disapproved, written notice of that 1087
factmemorandum of understanding executed in accordance with that 1088
section. If the board of directors of the other district 1089
declares such a withdrawal to be approved or disapproved within 1090
sixty days after the board of directors that requested the union 1091
delivered copies of the resolution requesting the union to the 1092
boards of county commissioners of the counties forming the 1093
existing joint districts, the board of directors of the other 1094
district shall deliver written notice of the approval or 1095
disapproval of the withdrawal to the board of directors that 1096
requested the union. 1097

(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

H. B. No. 222 As Introduced

existing joint districts adopts a resolution of disapproval or 1110
if any of the joint districts is affected by a withdrawal from 1111
it initiated under division (B) of this section that had not yet 1112
been declared to be approved or disapproved under that division 1113
when the board of county commissioners proposing the withdrawal 1114
delivered its resolution approving or disapproving the proposed 1115
union to the board of directors, the board of directors shall 1116
declare the union to be disapproved and shall deliver written 1117
notice of the disapproval to the board of county commissioners 1118
of each of the affected counties. If the boards of county 1119
commissioners of all of the counties forming the existing joint 1120
districts adopt resolutions approving the proposed union and, if 1121
any of the joint districts is affected by a withdrawal 1122
proceeding initiated under division (B) of this section, the 1123
withdrawal had already been declared to be approved or 1124
disapproved under that division when the board of county 1125
commissioners of the counties forming the existing joint 1126
districts delivered their resolutions approving the proposed 1127
union to the board of directors, the board of directors shall 1128
declare the union to be approved and shall deliver written 1129
notice of that fact to the affected boards of county 1130
commissioners. The board of directors shall determine whether 1131
the union has been approved or disapproved and deliver the 1132
required written notices of the approval or disapproval to the 1133
boards of county commissioners of the counties forming the 1134
existing joint districts within thirty days after receiving the 1135
resolutions of approval or disapproval from those boards of 1136
county commissioners. 1137
(5) Promptly after the approval of the union, the boards 1138
of county commissioners of the affected counties shall enter 1139
into and ratify an agreement under division (A) of section 1140

H. B. No. 222 As Introduced

343.01 of the Revised Code to unite the districts, and proceedings shall be initiated in accordance with section 3734.521 of the Revised Code to effect the union. The union becomes final when the applicable conditions set forth in division (G)(1), (2), (3), or (4) and, if appropriate, division $##\mathcal{I}$ (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 116
existing joint districts" includes only the following: 116
(1) The counties that are named as members of one of the 1164
joint districts affected by the proposed union in the solid 1165
waste management plan or amended plan of the appropriate 1166
district approved or ordered to be implemented under section 1167
3734.521, 3734.55, or 3734.56 of the Revised Code in effect when 1168
the union proceeding was initiated and that have not initiated 1169
proceedings under division (B) of this section to withdraw from 1170
the joint districts of which they were members on that date; 1171

H. B. No. 222 As Introduced

(2) Any county named as a member of a joint district 1172
affected by the proposed union in any such plan or amended plan 1173
that has initiated a withdrawal under division (B) of this 1174
section that has been declared to be disapproved under that 1175
division; 1176
(3) If joinder proceedings previously had been concluded 1177
under division (D) of this section to join a county to an 1178
existing joint district affected by the proposed union, any 1179
county whose joinder to the existing joint district was declared 1180
to be approved in that proceeding. 1181

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 1199
pertaining to disposal or generation fees is cumulative and 1200
concurrent with the authority of the board of county 1201

H. B. No. 222 As Introduced

commissioners or directors to levy disposal or generation fees under section 3734.57, 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code. The exercise of the authority provided in any of those sections does not prevent the exercise of the authority provided by division (A) of this section, and the authority provided by division (A) of this section does not prevent the exercise of the authority provided in any of those sections.

Sec. 343.08. (A) The board of county commissioners of a county solid waste management district and the board of directors of a joint solid waste management district may fix reasonable rates or charges to be paid by every person, municipal corporation, township, or other political subdivision that owns premises to which solid waste collection, storage, transfer, disposal, recycling, processing, or resource recovery service is provided by the district and may change the rates or charges whenever it considers it advisable. Charges for collection, storage, transfer, disposal, recycling, processing, or resource recovery service shall be made only against lots or parcels that are improved, or in the process of being improved, with at least one permanent, portable, or temporary building. The rates or charges may be collected by either of the following means:

(1) Periodic billings made by the district directly or in conjunction with billings for public utility rates or charges by a county water district established under section 6103.02 of the Revised Code, a county sewer district established under section 6117.02 of the Revised Code, or a municipal corporation or other political subdivision authorized by law to provide public utility service. When any such charges that are so billed are not paid, the board shall certify them to the county auditor of

H. B. No. 222 As Introduced

			the county where the lots or parcels are located, who shall	1233
			place them upon the real property duplicate against the property	1234
		served by the collection, storage, transfer, disposal,		1235
			recycling, processing, or resource recovery service. The charges	1236
			shall be a lien on the property from the date they are placed	1237
				1238 1239
	collected in the same manner as other taxes.
			(	1240
			of the county where the lots or parcels are located, who shall	1241
				1242
			parcels. The rates or charges are a lien on the property from	1243
				1244
		auditor and shall be collected in the same manner as other		1245
taxes.				1246
		The county or joint district need not fix a rate or charge		1247
		against property if the district does not operate a collection		1248
system.				1249
		Where a county or joint district owns or operates a solid		1250
		waste facility, either without a collection system or in		1251
		conjunction therewith, the board of county commissioners or		1252
		board of directors may fix reasonable rates or charges for the		1253
		use of the facility by persons, municipal corporations,		1254
		townships, and other political subdivisions, may contract with		1255
	any public authority or person for the collection of solid			1256
		wastes in any part of any district for collection, storage,		1257
			disposal, transfer, recycling, processing, or resource recovery	1258
				1259
		public authority or person. The cost of collection, storage,		1260
			transfer, disposal, recycling, processing, or resource recovery	1261
		under such contracts may be paid by rates or charges fixed and		1262

H. B. No. 222 As Introduced

collected under this section or by rates and charges fixed under those contracts and collected by the contractors.

All moneys collected by or on behalf of a county or joint district as rates or charges for solid waste collection, storage, transfer, disposal, recycling, processing, or resource recovery service in any district shall be paid to the county treasurer in a county district or to the county treasurer or other official designated by the board of directors in a joint district and kept in a separate and distinct fund to the credit of the district. The fund shall be used for the payment of the cost of the management, maintenance, and operation of the solid waste collection or other solid waste facilities of the district and, if applicable, the payment of the cost of collecting the rates or charges of the district pursuant to division (A)(1) or (2) of this section. Prior to the approval of the district's initial solid waste management plan under section 3734.55 of the Revised Code or the issuance of an order under that section requiring the district to implement an initial plan prepared by the director, as appropriate, the fund also may be used for the purposes of division (G)(1) or (3) of section 3734.57 of the Revised Code. On and after the approval of the district's initial plan under section 3734.521 or 3734.55 of the Revised Code or the issuance of an order under either of those sections, as appropriate, requiring the district to implement an initial plan prepared by the director, the fund also may be used for all of the purposes of divisions (G)(1) to (10)specified in division (G) of section 3734.57 of the Revised Code. Those uses may include, in accordance with a cost allocation plan adopted under division (B) of this section, the payment of all allowable direct and indirect costs of the district, the sanitary engineer or sanitary engineering department, or a federal or state grant

H. B. No. 222 As Introduced

	gram, incurred for the purposes of this chapter and sections	1294
	4.52 to 3734.572 of the Revised Code. Any surplus remaining	1295
	er those uses of the fund may be used for the enlargement,	1296
	ification, or replacement of such facilities and for the	1297
	nent of the interest and principal on bonds and bond	1298
	icipation notes issued pursuant to section 343.07 of the	1299
	ised Code. In no case shall money so collected be expended	1300
	erwise than for the use and benefit of the district.	1301
	A board of county commissioners or directors, instead of	1302
	rating and maintaining solid waste collection or other solid	1303
	te facilities of the district with county or joint district	1304
	sonnel, may enter into a contract with a municipal	1305
	poration having territory within the district pursuant to	1306
	ch the operation and maintenance of the facilities will be	1307
		1308
	The products of any solid waste collection or other solid	1309
		1310
	petitive bidding in accordance with section 307.12 of the	1311
	ised Code, except when a board of county commissioners or	1312
	ectors determines by resolution that it is in the public	1313
	erest to sell those products in a commercially reasonable	1314
ner without competitive bidding.		1315
	(B) A board of county commissioners or directors may adopt	1316
	Ost allocation plan that identifies, accumulates, and	1317
	tributes allowable direct and indirect costs that may be paid	1318
	n the fund of the district created in division (A）of this	1319
		1320
	n shall authorize payment from the fund for only those costs	1321
	irred by the district, the sanitary engineer or sanitary	1322
	ineering department, or a federal or state grant program, and	1323

H. B. No. 222 As Introduced

those costs incurred by the general and other funds of the county for a common or joint purpose, that are necessary and reasonable for the proper and efficient administration of the district under this chapter and sections 3734.52 to 3734.572 of the Revised Code. The plan shall not authorize payment from the fund of any general government expense required to carry out the overall governmental responsibilities of a county. The plan shall conform to United States office of management and budget Circular A-87 "Cost Principles for State and Local Governments," published January 15, 1983.

1324
1325
1326
1327
1328
1329
1330
1331
1332
1333
1334
1335
1336
1337
1338
1339
1340
1341
1342
1343
1344
1345
1346
1347
1348
1349
1350
1351
1352
1353
1354

(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,

H. B. No. 222 As Introduced

		time, and place of each of the three hearings thereon. The board		1355
		shall hear any person who wishes to testify on the proposed		1356
	rates, charges, or contract.			1357
		Sec. 3714.07. (A)(1） For the purpose of assisting boards
		of health and the environmental protection agency in		1358 1359
		administering and enforcing this chapter and rules adopted under		1360
		it, there is hereby levied a fee of thirty cents per cubic yard		1361
		or sixty cents per ton, as applicable, on both of the following:		1362
		a construction and demolition debris facility that is licensed	(a） The disposal of construction and demolition debris at	1363
	under this chapter or at a solid waste facility that is licensed			1364
	under Chapter 3734. of the Revised Code;			1365 1366
		(b) The disposal of asbestos or asbestos-containing		1367
		materials or products at a construction and demolition debris		1368
		facility that is licensed under this chapter or at a solid waste		1369
		facility that is licensed under Chapter 3734. of the Revised		1370
Code.				1371
		(2） The owner or operator of a construction and demolition		1372
		debris facility or a solid waste facility shall determine if		1373
		cubic yards or tons will be used as the unit of measurement. If		1374
		basing the fee on cubic yards, the owner or operator shall		1375
	utilize either the maximum cubic yard capacity of the container,			1376
				1377
	construction and demolition debris to the facility or the cubic			1378
	yards actually logged for disposal by the owner or operator in			1379
		accordance with rules adopted under section 3714.02 of the		1380
		Revised Code. If basing the fee on tonnage, the owner or		1381
		operator shall use certified scales to determine the tonnage of		1382
		construction and demolition debris that is disposed of.		1383

H. B. No. 222 As Introduced

(3) The owner or operator of a construction and demolition debris facility or a solid waste facility shall calculate the amount of money generated from the fee levied under division (A) (1) of this section and shall hold that amount as a trustee for the health district having jurisdiction over the facility, if that district is on the approved list under section 3714.09 of the Revised Code, or for the state. The owner or operator shall prepare and file with the appropriate board of health or the director of environmental protection monthly returns indicating the total volume or weight, as applicable, of construction and demolition debris and asbestos or asbestos-containing materials or products disposed of at the facility and the total amount of money generated during that month from the fee levied under division (A)(1) of this section on the disposal of construction and demolition debris and asbestos or asbestos-containing materials or products. Not later than thirty days after the last day of the month to which the return applies, the owner or operator shall mail to the board of health or the director the return for that month together with the amount of money calculated under division (A)(3) of this section on the disposal of construction and demolition debris and asbestos or asbestoscontaining 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

H. B. No. 222 As Introduced

cubic yard or per ton basis under this section, a board of 141
health shall transmit three cents per cubic yard or six cents 141

	per ton, as applicable, to the director not later than forty-
	1418
	a board of health under this section shall be paid into a 1419
special fund, which is hereby created in each health district, and used solely for the following purposes:	1420
	1421
(a） To administer and enforce this chapter and Chapter	1422
3734. of the Revised Code and rules adopted under them;	1423
(b） To abate abandoned accumulations of construction and	1424
demolition debris as provided in section 3714.074 of the Revised	1425
Code;	1426
(c） To mitigate any impacts to public health, safety, and	1427
welfare of any construction and demolition debris facility and	1428
solid waste disposal or transfer facility within the health	1429
district, including ensuring appropriate inspection of any such	1430
facility to prevent any negative public health, safety, and	1431
welfare impact.	1432
The director shall transmit all money received under this	1433
	1434
	1435 1436
section 3734.061 of the Revised Code.
(B） The board of health of a health district or the	1437
	1438
of a construction and demolition debris facility or a solid	1439
	1440
the disposal fee as calculated in division (A)(3） of this	1441
section. The board of health shall notify the director of any	1442
such agreement. Not later than forty-five days after receipt of	1443

H. B. No. 222 As Introduced

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 1460
township may appropriate the money from the fee by enacting an 1461
ordinance or adopting a resolution establishing the amount of 1462
the fee to be appropriated. Upon doing so, the legislative 1463
authority shall mail a certified copy of the ordinance or 1464
resolution to the board of health of the health district in 1465
which the construction and demolition debris facility or the 1466
solid waste facility is located or, if the facility is located 1467
in a health district that is not on the approved list under 1468
section 3714.09 of the Revised Code, to the director. Upon 1469
receipt of the copy of the ordinance or resolution and not later 1470
than forty-five days after receipt of money generated from the 1471
fee, the board or the director, as applicable, shall transmit to 1472
the treasurer or other appropriate officer of the municipal 1473
corporation or clerk of the township that portion of the money 1474

H. B. No. 222 As Introduced

	erated from the disposal fee by the owner or operator of the		1475
	ility that is required by the ordinance or resolution to be		1476
	d to that municipal corporation or township.		1477
	s a o		1478
	icer of a municipal corporation under this division shall be		1479
	d into the general fund of the municipal corporation. Money		1480
		eived by the clerk of a township under this division shall be	1481
	d into the general fund of the township. The treasurer or		1482
	er officer of the municipal corporation or the clerk of the		1483
		nship, as appropriate, shall maintain separate records of the	1484
	ey received under this division.		1485
			1486
	The legislative authority of a municipal corporation or		1487
	nship may cease appropriating money under this division by		1488
	ealing the ordinance or resolution that was enacted or		1489
	pted under this division.
	The director shall adopt rules in accordance with Chapter		1490
	of the Revised Code establishing requirements for prorating		1491
	amount of the fee that may be appropriated under this		1492
	ision by a municipal corporation or township in which only a		1493
	tion of a construction and demolition debris facility is		1494
	ated within the territorial boundaries of the municipal		1495
poration or township.			1496
	(D） The board of county commissioners of a county in which		1497
			1498
			1499
			1500
			1501
	paid by the facility under division (A)(l） of this section		1502
	the same purposes that a solid waste management district may	Y a fee under division (B) of section 3734.57 of the Revised	1503
e.			1504

H. B. No. 222 As Introduced

The board of county commissioners may appropriate the

money from the fee by adopting a resolution establishing the 1506 amount of the fee to be appropriated． Upon doing so, the board 1507

of county commissioners shall mail a certified copy of the 1508

resolution to the board of health of the health district in 1509 which the construction and demolition debris facility or the

1510 solid waste facility is located or, if the facility is located 1511

1512

section 3714.09 of the Revised Code, to the director. Upon 1513 receipt of the copy of the resolution and not later than forty- 1514

five days after receipt of money generated from the fee, the 1515

board of health or the director, as applicable, shall transmit 1516

to the treasurer of the county that portion of the money 1517

generated from the disposal fee by the owner or operator of the 1518

facility that is required by the resolution to be paid to that 1519

county· 1520

Money received by a county treasurer under this division 1521

shall be paid into the general fund of the county. The county 1522

1523

under this division. 1524

A board of county commissioners may cease appropriating 1525

money under this division by repealing the resolution that was 1526

adopted under this division. 1527

(E)(l) This section does not apply to the disposal of 1528 construction and demolition debris at a solid waste facility 1529

that is lieensed under Chapter 3734.of the Revised Code if 1530

there is no construction and demolition debris facility lieensed 1531

under this chapter within thirty-five miles of the solid waste 1532

facility as determined by a facility's property boundaries. 1533

(2) This section does not apply to the disposal of 1534

H. B. No. 222 As Introduced

construction and demolition debris at a solid waste facility
that is licensed under Chapter 3734. of the Revised Code if the 1536
owner or operator of the facility chooses to collect fees on the 1537
disposal of the construction and demolition debris and asbestos 1538
or asbestos-containing materials or products that are identical 1539
to the fees that are collected under Chapters 343. and 3734. of 1540
the Revised Code on the disposal of solid wastes at that 1541
facility. 1542
(3)(E) The solid waste management policy committee of a 1543
county or joint solid waste management district may levy fees 1544
upon the following activities: 1545
(1) The disposal of construction and demolition debris and 1546
asbestos or asbestos-containing materials or products generated 1547
within the jurisdiction of the district at construction and 1548
demolition debris facilities and solid waste disposal facilities 1549
located within the district's jurisdiction; 1550
(2) The disposal of construction and demolition debris and 1551
asbestos or asbestos-containing materials or products generated 1552
outside of the jurisdiction of the district, but inside this 1553
state, at construction and demolition debris facilities and 1554
solid waste disposal facilities located within the district's 1555
jurisdiction; 1556
(3) The disposal of construction and demolition debris and 1557
asbestos or asbestos-containing materials or products generated 1558
outside the boundaries of this state at construction and 1559
demolition debris facilities and solid waste disposal facilities 1560
located within the jurisdiction of the district. 1561
The fee levied under division (E)(1) of this section shall 1562
be not less than one dollar per ton nor more than two dollars 1563

H. B. No. 222 As Introduced

per ton, the fee levied under division (E)(2) of this section shall be not less than two dollars per ton nor more than four dollars per ton, and the fee levied under division (E)(3) of this section shall be not more than the fee levied under division (E)(1) of this section.

The district shall establish, amend, or repeal the schedule of fees levied pursuant to this division in the same manner that applies to fees levied under division (B) of section 3734.57 of the Revised Code. All procedural requirements governing the administration and collection of solid waste fees levied under divisions (A) and (B) of that section apply to the administration and collection of the construction and demolition debris fees levied under this division and collected by an owner or operator of a solid waste facility or construction and demolition debris facility. Such procedural requirements include requirements governing fee collection and accounting, filing of returns, extensions on returns, discounts, refunds or credits, the conversion rate for fee collection in cubic yards, notices, and district composition changes. Any notices required to be made pursuant to those procedural requirements to the owner or operator of a solid waste facility also shall be provided to the owner or operator of a construction and demolition debris facility for purposes of this division, when applicable.

1564
1565
1566
1567
1568
1569
1570
1571
1572
1573
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1575
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1577
1578
1579
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1585
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1589
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1594

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

H. B. No. 222 As Introduced

	ty or solid waste facility that is located in a health	1595
ct that is not on the approved 1ist under section 3714.09		1596
Revised Code.		1597
	(F) This section does not apply to the disposal of source	1598
	ted materials that are exclusively composed of reinforced	1599
	reinforced concrete, asphalt, clay tile, building or	1600
	brick, or building or paving stone at a construction and	1601
	tion debris facility that is licensed under this chapter	1602
ither of the following applies:		1603
		1604
	(a)(l) The materials are placed within the limits of	1605
	uction and demolition debris placement at the facility as	1606
	o	1607
	6 of the Revised Code, are not placed within the unloading	1608
2 of the Revised Code.	ordance with rules adopted by the director under section	1609 1610
	(b)(2) The materials are not placed within the unloading	1611
	f the facility or within the limits of construction and	1612
		1613
	e issued to the facility under section 3714.06 of the	1614
	d Code, but are used as fill material, either alone or in	1615
	ction with clean soil, sand, gravel, or other clean	1616
	ates, in legitimate fill operations for construction	1617
	es at the facility or to bring the facility up to a	1618
tent grade.		1619
	Sec. 3714.073.(A) In addition to the fee levied under	1620
on (A)(1） of section 3714.07 of the Revised Code,		1621
	ing July 1, 2005, there is hereby levied on the disposal	1622

of construction and demolition debris at a construction and 1623
demolition debris facility that is licensed under this chapter 1624

H. B. No. 222 As Introduced

or at a solid waste facility that is licensed under Chapter	1625
3734. of the Revised Code and on the disposal of asbestos or	1626
asbestos-containing materials or products at a construction and	1627
demolition debris facility that is licensed under this chapter	1628
or at a solid waste facility that is licensed under Chapter	1629
3734. of the Revised Code the following fees:	1630
(l） A fee of twelve and one-half cents per cubic yard or	1631
twenty-five cents per ton, as applicable, the proceeds of which	1632
shall be deposited in the state treasury to the credit of the	1633
soil and water conservation district assistance fund created in	1634
section 940.15 of the Revised Code;	1635
	1636
(	1637
deposited in the state treasury to the credit of the recycling	1638
and litter prevention fund created in section 3736.03 of the	1639
Revised Code;	1640
- (	1641
	1642
	1643
	1644
(B） The owner or operator of a construction and demolition	1645
	1646
state, shall calculate the amount of money generated from the	1647
fees levied under this section and remit the money from the fees	1648
in the manner that is established in divisions (A)(2）and (3）of	1649
section 3714.07 of the Revised Code for the fee that is levied	1650
under division (A)(l） of that section and may enter into an	1651
fees in the manner established in division (B） of that section	1652
	1653
for the quarterly payment of money generated from the fee that	1654

H. B. No. 222 As Introduced

levied under division (A)(1) of that section. 1655

(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.

1656
1657
1658
1659
1660
1661
1662
1663
1664

(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.

1665
1666
1667
1668
1669
1670
1671
1672
1673

(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 1680
construction and demolition debris placement at the facility as 1681
specified in the license issued to the facility under section 1682
3714.06 of the Revised Code, are not placed within the unloading 1683
zone of the facility, and are used as a fire prevention measure 1684

H. B. No. 222 As Introduced

in accordance with rules adopted by the director under section	1685
3714.02 of the Revised Code.	1686
(2） The materials are not placed within the unloading zone	1687
	1688
demolition debris placement at the facility as Specified in the	1689
license issued to the facility under section 3714.06 of the	1690
Revised Code, but are used as fill material, either alone or in	1691
conjunction with clean soil, sand, gravel, or other clean	1692
aggregates, in legitimate fill operations for construction	1693
purposes at the facility or to bring the facility up to a	1694
consistent grade.	1695
Sec. 3734.521. (A) As used in this section and sections	1696
	1697
composition" or "change" includes the withdrawal of a county	1698
from a joint solid waste management district, the establishment	1699
of a new county or joint district， the joinder of a county to an	1700
existing joint district, the union of two or more joint	1701
districts, or any combination thereof.	1702
(B） In addition to the requirements under Chapter 343. of	1703
the Revised Code, the requirements of this section govern a	1704
change in district composition when any of the districts	1705
	1706
	1707
section or section 3734.55 or 3734.56 of the Revised Code.	1708
(C) For purposes of preparing the initial and amended	1709
solid waste management plans for the county and joint districts	1710
resulting from any proposed change in district composition, the	1711
solid waste management policy committee for the proposed	1712
resulting districts shall consist of the members prescribed in	1713
division (B） of section 3734.54 of the Revised Code from each	1714

H. B. No. 222 As Introduced

county within the proposed district and shall include an 1715
additional public member only when one is required to be 1716
appointed under division (C) of section 3734.54 of the Revised 1717
Code. 1718
(D) In the case of a proposed establishment of a new joint 1719
district, joinder of a county to an existing joint district, or 1720
union of existing joint districts that only involves existing 1721
county or joint districts that are operating under solid waste 1722
management plans or amended plans approved under this section or 1723
section 3734.55 or 3734.56 of the Revised Code and that does not 1724
involve the withdrawal of a county from an existing joint 1725
district, the solid waste management policy committee of the 1726
proposed joint district resulting from the change shall do all 1727
of the following: 1728
(1) Prepare a draft initial or amended solid waste 1729
management plan for the proposed joint district that complies 1730
with divisions (A), (B), (D), and (E)(1) of section 3734.53 of 1731
the Revised Code; 1732
(2) Upon completion of the draft initial or amended plan 1733
for the proposed joint district, proceed to adopt and obtain 1734
approval of it in accordance with divisions (A), (B), and (C)(1) 1735
to (3) of section 3734.55 of the Revised Code; 1736
(3) Submit the initial or amended plan for the proposed 1737
joint district to the director of environmental protection for 1738
approval not earlier than one hundred eighty days and not later 1739
than ninety days before the date that one of the existing 1740
districts involved in the proposed change is required to submit 1741
an amended plan under section 3734.56 of the Revised Code. 1742
If any such proposed joint district fails to submit its 1743

H. B. No. 222 As Introduced

plan or amended plan, as appropriate, to the director on or before the date required under division (D)(3) of this section, the proposed change shall not occur, and the director shall proceed in accordance with division (D) of section 3734.55 of the Revised Code to prepare an amended plan for each of the existing districts and order the implementation of the amended plans. If the proposed joint district fails to obtain approval of its initial or amended plan, as appropriate, within eighteen months after the date for submission of its initial or amended plan required under division (D)(3) of this section, the director shall proceed in accordance with division (D) of section 3734.55 of the Revised Code to prepare a plan or amended plan, as appropriate, for the proposed joint district and to order the implementation of the plan or amended plan.

(E) In the case of a proposed change in district composition that involves an existing district that is operating under a solid waste management plan or amended plan prepared and ordered to be implemented by the director under this section or section 3734.55 or 3734.56 of the Revised Code or that involves the withdrawal of a county from an existing joint district, the solid waste management policy committee of each of the districts resulting from the proposed change, not later than twenty months before one of the existing districts is required to submit an amended solid waste management plan under section 3734.56 of the Revised Code or twenty months before the triennial anniversary of the issuance of the order under division (D) or (F)(1) or (2) of this section or division (D) of section 3734.55 of the Revised Code requiring one of the districts involved to implement a plan prepared and ordered to be implemented under any of those divisions, shall submit to the director a preliminary demonstration of the availability of or access to

H. B. No. 222 As Introduced

solid waste management facility capacity under division (E)(1) 1775
or (2) of this section, as appropriate. The preliminary 1776
demonstrations of each of the proposed districts shall be 1777
submitted to the director at the same time. 1778
As used in divisions (E) and (F) of this section, 1779
"preliminary demonstration of capacity" means the certification 1780
and demonstration required to be submitted under division (E)(1) 1781
of this section or the statement and financial feasibility study 1782
required to be submitted under division (E)(2) of this section, 1783
as appropriate. 1784
(1) If a proposed district has located within its 1785
boundaries one or more solid waste facilities that have 1786
sufficient remaining capacity to dispose of all the solid waste 1787
generated within its boundaries during the subsequent ten-year 1788
period, or if the county or counties proposing to form the 1789
district have entered into one or more firm contracts or 1790
agreements that in the aggregate provide for the disposal of all 1791
the solid wastes generated within the proposed district during 1792
the subsequent ten-year period at facilities located outside the 1793
district or this state, the solid waste management policy 1794
committee of the proposed district shall submit to the director 1795
a certification and demonstration by the committee of the 1796
availability of or access to sufficient solid waste management 1797
facility capacity to provide for the disposal of all the solid 1798
wastes generated within the proposed district during that ten- 1799
year period. 1800

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

H. B. No. 222 As Introduced

shall approve the preliminary demonstration. Otherwise, the 1805
director shall disapprove the preliminary demonstration. 1806
(2) If a proposed district does not have sufficient solid 1807
waste management facility capacity within its boundaries or 1808
access to sufficient capacity by contract or agreement to make 1809
the demonstration required by division (E)(1) of this section, 1810
the solid waste management policy committee of the proposed 1811
district shall submit to the director a statement as to how the 1812
proposed district will provide for sufficient solid waste 1813
management facility capacity to dispose of all solid wastes 1814
generated within its boundaries during the subsequent ten-year 1815
period. The statement shall be accompanied by a study of the 1816
financial feasibility of the measures proposed in the statement. 1817
The statement and financial feasibility study shall contain an 1818
inventory of all existing solid waste disposal, transfer, and 1819
resource recovery facilities and recycling activities within the 1820
proposed district and estimates of the remaining capacity 1821
available at each such facility; estimates of the amounts of 1822
solid wastes that will be generated within the proposed district 1823
during each year of the subsequent ten-year period; an 1824
identification of the additional solid waste management 1825
facilities and capacity that the proposed district intends to 1826
provide to dispose of the estimated amounts of solid wastes; a 1827
schedule for implementation of the measures proposed in the 1828
statement; if appropriate, estimates of the capital and 1829
operating costs of the additional facilities that the district 1830
intends to provide and of the rates to be charged to meet those 1831
costs; and, if appropriate, rates to be charged to meet the 1832
costs of capacity that the district intends to provide by 1833
contract or agreement. 1834

The director shall approve or disapprove a statement and

H. B. No. 222 As Introduced

financial feasibility study within sixty days after receiving 1836
them. The director shall approve a statement and financial 1837
feasibility study only if they demonstrate a technically 1838
feasible and economically reasonable means of providing for the 1839
environmentally sound management of solid wastes generated in 1840
the district during the subsequent ten-year period. Otherwise, 1841
the director shall disapprove the statement and financial 1842
feasibility study. 1843
(3) Upon approving or disapproving a preliminary 1844
demonstration of capacity under division (E)(1) or (2) of this 1845
section, the director shall provide written notice of his 1846
decision to the solid waste management policy committee that 1847
submitted it. If the director disapproves the preliminary 1848
demonstration of any of the proposed districts, the change in 1849
district composition shall not occur. The solid waste management 1850
policy committee of each of the existing districts operating 1851
under a solid waste management plan approved under this section 1852
or section 3734.55 of the Revised Code or an amended plan 1853
approved under this section or section 3734.56 of the Revised 1854
Code then shall proceed to adopt and obtain approval of an 1855
amended plan in accordance with division (A) of section 3734.56 1856
of the Revised Code. If any of the existing districts is 1857
operating under a plan or an amended plan ordered to be 1858
implemented under this section or section 3734.55 or 3734.56 of 1859
the Revised Code, the director then shall proceed in accordance 1860
with division (B) of section 3734.56 of the Revised Code to 1861
prepare an amended plan for each such district and order the 1862
implementation of the amended plan. Division (E)(3) of this 1863
section does not preclude an existing district that is operating 1864
under a plan or amended plan prepared and ordered to be 1865
implemented by the director from proceeding under division (C) 1866

H. B. No. 222 As Introduced

of section 3734.56 of the Revised Code to prepare and obtain 1867
approval of a plan to replace the initial or amended plan 1868
prepared by the director. 1869
(4) If the director approves the preliminary demonstration 1870
of each of the proposed districts resulting from the change in 1871
district composition under division (E)(1) or (2) of this 1872
section, the solid waste management policy committee of each of 1873
the proposed districts shall begin preparing a draft initial 1874
solid waste management plan for the district, and the committee 1875
of the remaining joint district, if any, shall begin preparing a 1876
draft amended plan for the joint district. The initial or 1877
amended plan and certification of capacity shall comply with 1878
divisions (A), (B), (D), and (E)(1) of section 3734.53 of the 1879
Revised Code. Upon completion of the draft initial or amended 1880
plan for the proposed district, the committee shall proceed to 1881
adopt and obtain approval of it in accordance with divisions 1882
(A), (B), and (C)(1) to (3) of section 3734.55 of the Revised 1883
Code. The initial plans of the proposed districts and the 1884
amended plan of the remaining joint district, if any, shall be 1885
submitted to the director at the same time and shall be 1886
submitted not later than twenty months after the proposed 1887
districts submitted their preliminary demonstrations of capacity 1888
under division (E)(1) or (2) of this section. If any of the 1889
proposed districts fails to submit its plan or amended plan to 1890
the director on or before the required date, the proposed change 1891
shall not occur, and the director then shall proceed in 1892
accordance with division (D) of section 3734.55 of the Revised 1893
Code to prepare an amended plan for each of the existing 1894
districts and to order the implementation of the amended plans. 1895
(F) If any of the proposed districts resulting from a 18
change in district composition, or the remaining joint district, 18

H. B. No. 222 As Introduced

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 thirtyeight 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 1914
management needs of each of the counties involved can be met if 1915
the proposed change were to occur, he shall prepare an initial 1916
or amended plan that complies with divisions (A) and (D) of 1917
section 3734.53 of the Revised Code for each of the proposed or 1918
existing districts that failed to obtain approval of its plan or 1919
amended plan within thirty-eight months after the districts were 1920
required to submit their preliminary demonstrations of capacity 1921
under division (E)(1) or (2) of this section. None of the plans 1922
or amended plans prepared by the director shall contain any of 1923
the provisions required or authorized to be included in plans 1924
submitted by districts under division (B), (C), or (E) of 1925
section 3734.53 of the Revised Code. Upon completion of each 1926
such plan or amended plan, the director shall issue an order in 1927
accordance with Chapter 3745. of the Revised Code directing the 1928

H. B. No. 222 As Introduced

board of county commissioners or directors of the district for 1929
which the plan or amended plan was prepared to implement it in 1930
compliance with the implementation schedule contained in it. 1931
(2) If the director determines that the solid waste 1932
management needs of each of the counties involved cannot be met 1933
if the proposed change in district composition were to occur, he 1934
shall make a determination as to how county or joint districts 1935
should be formed from among those counties to ensure that each 1936
will be included in a district that either will have within its 1937
boundaries sufficient solid waste management facility capacity 1938
to provide for the disposal of all the solid wastes generated 1939
within the district during the subsequent ten-year period or 1940
will have access to sufficient capacity at facilities located 1941
outside the district or this state by contract or agreement to 1942
dispose of all the solid wastes generated within the district 1943
during that ten-year period. After making his determination, the 1944
director shall prepare an initial or amended solid waste 1945
management plan for each of them. If the director determines 1946
that any existing district involved in the proposed change 1947
should be retained without a modification in its composition, 1948
the director shall prepare an amended plan for the district. The 1949
director shall prepare an initial or amended plan for each 1950
district whose composition would be changed under his 1951
determination. Each such plan or amended plan shall comply with 1952
divisions (A) and (D) of section 3734.53 of the Revised Code. 1953
None of the plans or amended plans shall contain any of the 1954
provisions required or authorized to be included in plans under 1955
division (B), (C), or (E) of that section. 1956

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

H. B. No. 222 As Introduced

accordance with Chapter 3745. of the Revised Code, shall issue 1960
an order to the board of county commissioners of each of the 1961
counties directing them to enter into an agreement to form a 1962
joint district under division (A) of section 343.01 of the 1963
Revised Code within thirty days after the issuance of the order. 1964
If a plan or amended plan prepared by the director provides for 1965
the withdrawal of one or more counties from an existing joint 1966
district, the establishment of a new joint district, the joinder 1967
of one or more counties to an existing joint district, or the 1968
union of two or more existing joint districts, the director, in 1969
accordance with Chapter 3745. of the Revised Code, shall issue 1970
appropriate orders to the board of county commissioners of each 1971
county or existing county district and to the board of directors 1972
of each joint district that will be affected by the plan 1973
directing the board of county commissioners or directors, within 1974
thirty days after the issuance of the order, to adopt the 1975
appropriate resolutions and enter into any necessary agreements 1976
under division (B) of section 343.01 of the Revised Code to 1977
effect the changes provided for in the plan. The requirements 1978
and procedures for approval of the withdrawal from, 1979
establishment of, joinder to, or union of districts under 1980
section 343.012 of the Revised Code do not apply to changes 1981
ordered under division (F)(2) of this section. The other 1982
provisions of that section do apply to changes ordered under 1983
division (F)(2) of this section. 1984

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

H. B. No. 222 As Introduced

become final until one of the following has occurred: 1991
(1) The director has approved the solid waste management 1992
plan of each newly formed district under section 3734.55 of the 1993
Revised Code and the amended plan of the remaining joint 1994
district, if any, under section 3734.56 of the Revised Code; 1995
(2) In the case of a joint district subject to division 1996
(D) of this section that failed to obtain approval of its plan 1997
or amended plan on or before the date required under that 1998
division, the director has prepared a plan or amended plan for 1999
the district and has issued an order to the district directing 2000
it to implement the plan or amended plan prepared by the 2001
director; 2002

(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 directorIn 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

H. B. No. 222 As Introduced

the Revised Code, including providing for the preparation and 2021
adoption of plans in accordance with applicable provisions of 2022
this chapter. 2023
(H) In addition to the requirements of division (G) of 2024
this section, if a change in district composition involves the 2025
withdrawal of a county from a joint district, it shall not 2026
become final until the county ceases to be a part of the joint 2027
district from which it is withdrawing pursuant to division (B) 2028
of section 343.012 of the Revised Code. 2029
Sec. 3734.522. (A) As used in this section, "deliver" has 2030
the same meaning as in division (G)(2) of section 3734.55 of the 2031
Revised Code. 2032
(B) The board of county commissioners of a county that is 2033
a member of a joint solid waste management district may withdraw 2034
from the district by doing all of the following: 2035
(1) Adopting a resolution declaring that the county will 2036
unilaterally withdraw from the district; 2037
(2) Providing the notice required under division (C) of 2038
this section; 2039
(3) Complying with the requirements under division (D) of 2040
this section governing the memorandum of understanding. 2041
(C) Upon adopting the resolution under division (B) of 2042
this section, the board shall deliver a copy of it to the board 2043
of directors of the district. Upon receiving the resolution, the 2044
board of directors shall deliver written notice of the proposed 2045
withdrawal to the boards of county commissioners of the other 2046
counties forming the joint district and to the director of 2047
environmental protection. 2048

H. B. No. 222 As Introduced

(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

H.B.No.222 Page70 AsIntroduced
extension, which shall not exceed forty-five days. If all such	2080
boards agree to the extension, the memorandum of understanding	2081
is extended for such time period as agreed to. If a court of	2082
common pleas issued an order establishing the terms of the	2083
memorandum of understanding, the board of county commissioners	2084
seeking the extension, prior to sixty days before the memorandum	2085
is scheduled to expire, may request the court to extend the	2086
memorandum. If so requested， the court shall issue an order	2087
either denying an extension or extending the term of the	2088
memorandum by a period of not to exceed forty-five days.	2089
(E) The director of environmental protection shall take	2090
all actions necessary under this chapter to effectuate the	2091
withdrawal of a county from a joint solid waste management	2092
district pursuant to a memorandum of understanding executed	2093
under this section so that the withdrawal is effective upon the	2094
expiration date of the memorandum of understanding. The director	2095
shall begin taking all such necessary actions on the date that	2096
such memorandum is executed.	2097
(F） The board of directors of the joint district shall	2098
take all actions necessary to ascertain, apportion, and order a	2099
division of the funds on hand, credits， and real and personal	2100
property of the district, either in money or in kind, on an	2101
equitable basis between the district and the withdrawing county,	2102
effective upon the expiration date of the memorandum of understanding.	2103
	2104
(G) Notwithstanding any provision of law to the contrary,	2105
	2106
the following apply:	2107
(l） The withdrawing county is severed from the joint	2108
district, becomes a county solid waste management district, and	2109

H. B. No. 222 As Introduced

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.

2110
2111
2112
2113
2114
2115
2116
2117
2118
2119
2120
2121
2122
2123
2124
2125
2126
2127
2128
2129
2130
2131
2132
2133
2134
2135
2136
2137
2138
2139

(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

H. B. No. 222 As Introduced

	sufficient solid waste management facility capacity to meet the	2140
		2141
	period covered by the plan. The solid waste management policy	2142
	committee of a county or joint district created in section	2143
	3734.54 of the Revised Code may prepare and submit a solid waste	2144
	management plan that covers and makes the required demonstration	2145
for a longer period of time.		2146
	The solid waste management plan shall contain all of the	2147
following:		2148
	(l） An inventory of the sources, composition, and	2149
	quantities of solid wastes generated in the district during the	2150
current year;		2151
	(2） An inventory of all existing facilities where solid	2152
wastes are being disposed of, all resource recovery facilities,		2153
	and all recycling activities within the district. The inventory	2154
shall identify each such facility or activity and, for each		2155
disposal facility, shall estimate the remaining disposal		2156
capacity available at the facility. The inventory shall be		2157
accompanied by a map that shows the location of each such		2158
existing facility or activity.		2159
(3） An inventory of existing solid waste collection
systems and routes, transportation systems and routes, and		2160
transfer facilities within the district. The inventory shall		2161
		2162
the district.		2163 2164
	(4） An inventory of open dumping sites for solid wastes,	2165
	including solid wastes consisting of scrap tires, and facilities	2166
for the disposal of fly ash and bottom ash, foundry sand, and		2167
slag within the district. The inventory shall identify each such		2168

H. B. No. 222 As Introduced

site or facility and shall be accompanied by a map that shows 2169

the location of each of them. 2170
(5) A projection of population changes within the district 2171
during the next ten years; 2172
(6) For each year of the forecast period, projections of 2173
the amounts and composition of solid wastes that will be 2174
generated within the district, the amounts of solid wastes 2175
originating outside the district that will be brought into the 2176
district for disposal or resource recovery, the nature of 2177
industrial activities within the district, and the effect of 2178
newly regulated waste streams, solid waste minimization 2179
activities, and solid waste recycling and reuse activities on 2180
solid waste generation rates. For each year of the forecast 2181
period, projections of waste quantities shall be compiled as an 2182
aggregate quantity of wastes. 2183
(7) An identification of the additional solid waste 2184
management facilities and the amount of additional capacity 2185
needed to dispose of the quantities of wastes projected in 2186
division (A)(6) of this section; 2187
(8) A strategy for identification of sites for the 2188
additional solid waste management facilities and capacity 2189
identified under division (A)(7) of this section; 2190
(9) An analysis and comparison of the capital and 2191
operating costs of the solid waste disposal facilities, solid 2192
waste resource recovery facilities, and solid waste recycling 2193
and reuse activities necessary to meet the solid waste 2194
management needs of the district, projected in five- and ten- 2195
year increments; 2196
(10) An analysis of expenses for which the district is 2197

H. B. No. 222 As Introduced

under section 3734.35 of the Revised Code; 2198

(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

H. B. No. 222 As Introduced

of new facilities. The schedule for expansion of existing 2227
facilities or establishment of new facilities shall include, 2228
without limitation, the approximate dates for filing 2229
applications for appropriate permits to install or modify those 2230
facilities under section 3734.05 of the Revised Code. 2231
(c) A schedule for implementation of solid waste 2232
ing, reuse, and reduction programs needed to meet the 2233
reduction, recycling, reuse, and minimization objectives 2234
state solid waste management plan and rules adopted by 2235
rector under section 3734.50 of the Revised Code; 2236
(d) The methods of financing implementation of the plan 2237
and a demonstration of the availability of financial resources 2238
for that purpose. 2239
(14) A program for providing informational or technical 2240
tance regarding source reduction to solid waste generators, 2241
ticular categories of solid waste generators, within the 2242
district. The plan shall set forth the types of assistance to be 2243
provided by the district and the specific categories of 2244
generators that are to be served. The district has the sole 2245
tion to determine the types of assistance that are to be 2246
provided under the program and the categories of generators to 2247
be served by it. 2248
(B) In addition to the information, projections, 2249
demonstrations, and certification required by division (A) of 2250
this section, a plan shall do all of the following: 2251
(1) Establish the schedule of fees, if any, to be levied 2252
under divisions (B)(1) to (3) of section 3734.57 of the Revised 2253
Code; 2254
(2) Establish the fee, if any, to be levied under division 2255

H. B. No. 222 As Introduced

(A) of section 3734.573 of the Revised Code;	2256
(3） Contain provisions governing the allocation among the	2257
purposes enumerated in divisions (G) (l) to (lo)division (G) of	2258
section 3734.57 of the Revised Code of the moneys credited to	2259
the special fund of the district under that_division (G)of that	2260
section-that are available for expenditure by the district-under	2261
that division. The plan shall do all of the following:	2262
(a） Ensure that sufficient of the moneys so credited to	2263
	2264
	2265
	2266
and conduct its periodic review and amendment as required under	2267
section 3734.56 of the Revised Code;	2268
(b) Contain provisions governing the allocation and	2269
distribution of moneys credited to and available from the	2270
special fund of the district to health districts within the	2271
county or joint district that have approved programs under	2272
section 3734.08 of the Revised Code for the purposes of division	2273
(G)(3) of section 3734.57 of the Revised Code;	2274
(c) Contain provisions governing the allocation and	2275
distribution of moneys credited to and available from the	2276
Special fund of the district to the county in which solid waste	2277
facilities are or are to be located and operated under the plan	2278
for the purposes of division (G)(4） of section 3734.57 of the Revised Code;	2279
	2280
(d) Contain provisions governing the allocation and	2281
distribution, pursuant to contracts entered into for that	2282
purpose, of moneys credited to and available from the special	2283
fund of the district to boards of health within the district in	2284

H. B. No. 222 As Introduced

	solid waste facilities contained in the district's plan		2285
	cated for the purposes of division (G)(5） of section		2286
	7 of the Revised Code.		2287
	(4） Incorporate all solid waste recycling activities that		2288
		n operation within the district on the effective date of	2289
an.			2290
	(C） The solid waste management plan of a county or joint		2291
	ct may provide for the adoption of rules under division		2292
			2293
	nder section 3734.521 or 3734.55 of the Revised Code doing		2294 2295
	all of the following:
			2296
	d within the solid waste management district of solid		2297
	generated outside the district or outside a prescribed		2298
	ce area consistent with the projections under divisions (A)		2299
	d (7） of this section. However, rules adopted by a board		2300
	division (C)(l) of this section may be adopted and		2301
	ed with respect to solid waste disposal facilities in the		2302
	waste management district that are not owned by a county		2303
	Solid waste management district only if the board submits		2304
	lication to the director of environmental protection that		2305
	trates that there is insufficient capacity to dispose of		2306
	lid wastes that are generated within the district at the		2307
	waste disposal facilities located within the district and		2308
	rector approves the application. The demonstration in the		2309
	ation shall be based on projections contained in the plan		2310
	nded plan of the district. The director shall establish		2311
	rm of the application. The approval or disapproval of such		2312
	lication by the director is an action that is appealable		2313
	section 3745.04 of the Revised Code.		2314

H. B. No. 222 As Introduced

In addition, the director of environmental protection may 2315
issue an order modifying a rule authorized to be adopted under 2316
division (C)(1) of this section to allow the disposal in the 2317
district of wastes from another county or joint solid waste 2318
management district if all of the following apply: 2319
(a) The district in which the wastes were generated does 2320
not have sufficient capacity to dispose of solid wastes 2321
generated within it for six months following the date of the 2322
director's order; 2323
(b) No new solid waste facilities will begin operation 2324
during those six months in the district in which the wastes were 2325
generated and, despite good faith efforts to do so, it is 2326
impossible to site new solid waste facilities within the 2327
district because of its high population density; 2328
(c) The district in which the wastes were generated has 2329
made good faith efforts to negotiate with other districts to 2330
incorporate its disposal needs within those districts' solid 2331
waste management plans, including efforts to develop joint 2332
facilities authorized under section 343.02 of the Revised Code, 2333
and the efforts have been unsuccessful; 2334
(d) The district in which the wastes were generated has 2335
located a facility willing to accept the district's solid wastes 2336
for disposal within the receiving district; 2337
(e) The district in which the wastes were generated has 2338
demonstrated to the director that the conditions specified in 2339
divisions (C)(1)(a) to (d) of this section have been met; 2340
(f) The director finds that the issuance of the order will 2341
be consistent with the state solid waste management plan and 2342
that receipt of the out-of-district wastes will not limit the 2343

H. B. No. 222 As Introduced

capacity of the receiving district to dispose of its in-district wastes to less than eight years. Any order issued under division

(C)(l) of this section shall not become final until thirty days 2346 after it has been served by certified mail upon the county or
joint solid waste management district that will receive the out-	2347 2348
of-district wastes.	2349
(2） Governing the maintenance, protection, and use of	2350
solid waste collection, storage, disposal, transfer, recycling,	2351
processing, and resource recovery facilities within the district	2352
and requiring the submission of general plans and specifications	2353
for the construction, enlargement, or modification of any such	2354
	2355
directors of the district for review and approval as complying with the plan or amended plan of the district;	2356
	2357
(3） Governing development and implementation of a program	2358
for the inspection of solid wastes generated outside the	2359
boundaries of the state that are being disposed of at solid	2360
waste facilities included in the district's plan;	2361
(4） Exempting the owner or operator of any existing or	2362
	2363
compliance with any amendment to a township zoning resolution	2364
adopted under section 5l9.12 of the Revised Code or to a county	2365
rural zoning resolution adopted under section 303.12 of the	2366
Revised Code that rezoned or redistricted the parcel or parcels	2367
upon which the facility is to be constructed or modified and	2368
that became effective within two years prior to the filing of an	2369
application for a permit required under division (A)(2)(a） of	2370
section 3734.05 of the Revised Code to open a new or modify an	2371
existing solid waste facility.	2372
)	2373

H. B. No. 222 As Introduced

	(l)，(2)， and (4） of this section and the projections required	2374
	by division (A)(6） of this section,， neither this section nor the	2375
	solid waste management plan of a county or joint district	2376
	applies to the construction, operation, use, repair, or	2377
	maintenance of either of the following:	2378
	(l） A solid waste facility owned by a generator of solid	2379
		2380
	solid wastes generated at one or more premises owned by the	2381
	generator regardless of whether the facility is located on a	2382
	premises where the wastes are generated;	2383
		2384
are generated from the combustion of coal， or from the	(2) A facility that exclusively disposes of wastes that	2385
combustion of primarily coal in combination with scrap tires,		2386
that is not combined in any way with garbage at one or more		2387
premises owned by the generator.		2388
		2389
	(E)(l) The initial solid waste management plans prepared	2390
	by county or joint districts under section 3734.521 of the
	Revised Code and the amended plans prepared under section	2391 2392
	3734.521 or 3734.56 of the Revised Code shall contain a clear	2393
		2394
	directors is authorized to or precluded from establishing	2395
	facility designations under section 343.014 of the Revised Code.
	(2） A policy committee that is preparing a draft or	2396
		2397
	October 29, 1993, may include in the draft or revised draft plan	2398
	only one of the following pertaining to the solid waste	2399
		2400
	within or transported into the district are to be taken for	2401
	disposal, transfer, resource recovery, or recycling:	2402

H. B. No. 222 As Introduced

(a) The designations required under former division (A) 2403
(12)(a) of this section as it existed prior to October 29, 1993; 2404
(b) The identifications required in division (A)(12)(a) of 2405
this section and the statement required under division (E)(1) of 2406
this section; 2407
(c) Both of the following: 2408
(i) The designations required under former division (A) 2409
(12)(a) of this section as it existed prior to October 29, 1993, 2410
except that those designations only shall pertain to solid waste 2411
disposal, transfer, or resource recovery facilities or recycling 2412
activities that are owned by a municipal corporation, county, 2413
county or joint solid waste management district, township, or 2414
township waste disposal district created under section 505.28 of 2415
the Revised Code for which debt issued under Chapter 133., 343., 2416
or 6123. of the Revised Code is outstanding; 2417
(ii) The identifications required under division (A)(12) 2418
(a) of this section, and the statement required under division 2419
(E)(1) of this section, pertaining to the solid waste facilities 2420
and recycling activities described in division (A) of section 2421
343.014 of the Revised Code. 2422
(F) Notwithstanding section 3734.01 of the Revised Code, 2423
"solid wastes" does not include scrap tires and "facility" does 2424
not include any scrap tire collection, storage, monocell, 2425
monofill, or recovery facility in either of the following 2426
circumstances: 2427
(1) For the purposes of an initial plan prepared and 2428
ordered to be implemented by the director under section 3734.55 2429
of the Revised Code; 2430
(2) For the purposes of an initial or amended plan 2431

H. B. No. 222

AsIntroduced

prepared and ordered to be implemented by the director under 2432

division (D) or (F)(1)or (2)of section 3734.521 of the Revised 2433

Code in connection with a change in district composition as 2434

defined in that section that involves an existing district that 2435

2436

and ordered to be implemented under section 3734.55 of the 2437

Revised Code or an initial or amended plan approved or prepared 2438

and ordered to be implemented under section 3734.521 of the 2439

Revised Code that does not provide for the management of scrap 2440

tires and scrap tire facilities. 2441

2442

and except as provided in division (A)(4） of this section, 2443

"solid wastes" need not include scrap tires and "facility" need 2444

not include any scrap tire collection, storage, monocell, 2445

monofill, or recovery facility in either of the following 2446

eireumstanees: 2447

(l)Forfor the purposes of an initial plan prepared under 2448

sections 3734.54 and 3734.55 of the Revised Code unless the 2449

solid waste management policy committee preparing the initial 2450

plan chooses to include the management of scrap tires and scrap 2451

tire facilities in the plan 2452

(2) For the purposes of a preliminary demonstration of 2453

capacity as defined in section 3734.521 of the Revised Code, if 2454

any，and an initial or amended plan prepared under that section 2455

by the solid waste management policy committee of a solid waste 2456

management distriet resulting from proceedings for a change in 2457

distriet composition under sections 343.012 and 3734.521 of the 2458

Revised Code that involves an existing distriet that is 2459

operating either under an initial plan approved or prepared and 2460

ordered to be implemented under section 3734.55 of the Revised 2461

H. B. No. 222 As Introduced

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

H. B. No. 222 As Introduced

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 2512
divisions (A), (B), (D), and (E)(1) of section 3734.53 of the 2513
Revised Code. An amended plan may incorporate any of the 2514
elements under division (C) of that section that are not 2515
included in the district's initial plan or previous amended 2516
plans and may delete any of those elements that were contained 2517
in the initial plan or previous amended plans. An amended plan 2518
shall incorporate all of the elements required under section 2519
3734.53 of the Revised Code, and may incorporate any of the 2520
elements authorized under that section, for the purpose of 2521
managing solid wastes that consist of scrap tires and solid 2522

H. B. No. 222 As Introduced

waste facilities that are scrap tire collection, storage, 2523
monocell, monofill, or recovery facilities. 2524

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 2548
joint district was initially prepared and ordered to be 2549
implemented by the director under division (D) of section 2550
3734.55 of the Revised Code or division (D) or (F) of section 2551
3734.521 of the Revised Code, the director shall review the plan 2552

H. B. No. 222 As Introduced

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 2580
county or joint district under division (C) of section 3734.55 2581
of the Revised Code, the director shall issue an order in 2582
accordance with Chapter 3745. of the Revised Code revoking the 2583

H. B. No. 222 As Introduced

earlier orders issued to the district under division (D) of that 2584
section or division (D) or (F)(1) or (2) of section 3734.521 of 2585
THE the Revised Code, as appropriate. 2586

(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

H. B. No. 222 As Introduced

adopt an amendment to the provision required to be included in
the district's plan or amended plan under division (E) of	2614 2615
	2616
	2617
director. The policy committee shall adopt a resolution setting	2618
forth the proposed amendment to the plan. Upon adopting the	2619
resolution, it shall proceed in accordance with divisions (A)	2620
and (B） of section 3734.55 of the Revised Code to adopt and	2621
obtain ratification of the proposed amendment in the same manner	2622
as a plan， except that the board need not submit a copy of the	2623
	2624
(A） of that section. An amendment to a plan or amended plan that	2625
	2626
	2627
	2628
Revised Code.	2629
Sec. 3734.57. (A) The following fees are hereby levied on	2630
the transfer or disposal of solid wastes in this state:	2631
(1） Seventy-one cents per ton through June 30, 2026,	2632
eleven cents of the proceeds of which shall be deposited in the	2633
state treasury to the credit of the hazardous waste facility	2634
management fund created in section 3734.18 of the Revised Code	2635
and sixty cents of the proceeds of which shall be deposited in	2636
	2637
fund created in section 3734.28 of the Revised Code;	2638
(2） An additional ninety cents per ton through June 30,	2639
2026, the proceeds of which shall be deposited in the state	2640
treasury to the credit of the waste management fund created in	2641
section 3734.061 of the Revised Code;	2642
	2643

H. B. No. 222 As Introduced

through June 30, 2026, the proceeds of which shall be deposited in the state treasury to the credit of the environmental

2646

(4） An additional twenty-five cents per ton through June 2647

30, 2026, the proceeds of which shall be deposited in the state 2648

treasury to the credit of the soil and water conservation 2649

district assistance fund created in section 940.15 of the 2650

Revised Code; 2651

(5） An additional eight cents per ton through June 30, 2652

2026, the proceeds of which shall be deposited in the state 2653

treasury to the credit of the national priority list remedial 2654

support fund created in section 3734.579 of the Revised Code. 2655

In the case of solid wastes that are taken to a solid 2656

waste transfer facility located in this state prior to being 2657

transported for disposal at a solid waste disposal facility 2658

located in this state or outside of this state， the fees levied 2659

under this division shall be collected by the owner or operator 2660

of the transfer facility as a trustee for the state. The amount 2661

of fees required to be collected under this division at such a 2662

transfer facility shall equal the total tonnage of solid wastes 2663

received at the facility multiplied by the fees levied under 2664

this division. In the case of solid wastes that are not taken to 2665

a solid waste transfer facility located in this state prior to 2666

being transported to a solid waste disposal facility, the fees 2667

shall be collected by the owner or operator of the solid waste 2668

disposal facility as a trustee for the state. The amount of fees 2669

required to be collected under this division at such a disposal 2670

2671

at the facility that was not previously taken to a solid waste 2672

e r r e e 2673

H. B. No. 222 As Introduced

levied under this division. Fees levied under this division do 2674
not apply to materials separated from a mixed waste stream for 2675
recycling by a generator or materials removed from the solid 2676
waste stream through recycling, as "recycling" is defined in 2677
rules adopted under section 3734.02 of the Revised Code. 2678

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

H. B. No. 222 As Introduced

che extension is requested, the director has received the 2705

not later than the day on which the return is required 2706

iled, and the director has approved the request. If the 2707

e not remitted within thirty days after the last day of 2708

ch to which the return applies or are not remitted by the 2709

Y of an extension approved by the director， the owner or 2710

c shall not retain the three-fourths of one per cent 2711

t and shall pay an additional ten per cent of the amount 2712

fees for each month that they are late. For purposes of 2713

ting the late fee, the first month in which fees are late 2714

on the first day after the deadline has passed for timely 2715

ing the return and fees, and one additional month shall 2716

ted every thirty days thereafter. 2717

ne owner or operator of a solid waste facility may 2718

a refund or credit of fees levied under this division 2719

itted to the director that have not been paid to the 2720

a oo 2721

t been collected by the owner or operator, have become a 2722

at has become worthless or uncollectable for a period of 2723

ths or more, and may be claimed as a deduction, including 2724

tion claimed if the owner or operator keeps accounts on 2725

lal basis, under the "Internal Revenue Code of 1954," 68A 2726

O,26 U.S.C. 166, as amended, and regulations adopted 2727

t．Prior to making a request for a refund or credit， an 2728

r operator shall make reasonable efforts to collect the 2729

ole fees. A request for a refund or credit shall not 2730

any costs resulting from those efforts to collect unpaid 2731 2732

request for a refund or credit of fees shall be made in 2733 on a form prescribed by the director, and shall be 2734

supported by evidence that may be required in rules adopted by 2735

H. B. No. 222 As Introduced

the director under this chapter. After reviewing the request,
		and if the request and evidence submitted with the request		2736
		indicate that a refund or credit is warranted, the director		2737 2738
	shall grant a refund to the owner or operator or shall permit a			2739
	credit to be taken by the owner or operator on a subsequent			2740
			monthly return submitted by the owner or operator. The amount of	2741
			a refund or credit shall not exceed an amount that is equal to	2742
	o o o o			2743
	particular debtor of the owner or operator. A refund or credit			2744
				2745
				2746
	owner or operator by a particular debtor.			2747
		If， after receiving a refund or credit from the director,		2748
		an owner or operator receives payment of all or part of the		2749
	fees, the owner or operator shall remit the fees with the next			2750
				2751
explanation of the reason for the submittal.			2752
			2753
	division or division (B） of this section, any solid waste		2754
	transfer or disposal facility that does not use scales as a		2755
	means of determining gate receipts shall use a conversion factor		2756
			2757
per ton for baled waste, as applicable.			2758
			2759
	(C） of this section are in addition to all other applicable fees		2760
	totatrod e to awoasno aua Ka pted aa treus pue saxea pue		2761
			2762
		or disposal facility. In the alternative, the fees shall be paid	2763
		by a customer or political subdivision to a transporter of waste	2764
			2765

H. B. No. 222 As Introduced

such a facility. The fees shall be paid notwithstanding the 2766
existence of any provision in a contract that the customer or a 2767
political subdivision may have with the owner or operator or 2768
with a transporter of waste to the facility that would not 2769
require or allow such payment regardless of whether the contract 2770
was entered prior to or after October 16, 2009. For those 2771
purposes, "customer" means a person who contracts with, or 2772
utilizes the solid waste services of, the owner or operator of a 2773
solid waste transfer or disposal facility or a transporter of 2774
solid waste to such a facility. 2775
(B) For the purposes specified in division (G) of this 2776
section, the solid waste management policy committee of a county 2777
or joint solid waste management district may levy fees upon the 2778
following activities: 2779
(1) The disposal at a solid waste disposal facility 2780
located in the district of solid wastes generated within the 2781
district; 2782
(2) The disposal at a solid waste disposal facility within 2783
the district of solid wastes generated outside the boundaries of 2784
the district, but inside this state; 2785
(3) The disposal at a solid waste disposal facility within 2786
the district of solid wastes generated outside the boundaries of 2787
this state. 2788
The solid waste management plan of the county or joint 2789
district approved under section 3734.521 or 3734.55 of the 2790
Revised Code and any amendments to it, or the resolution adopted 2791
under this division, as appropriate, shall establish the rates 2792
of the fees levied under divisions (B)(1), (2), and (3) of this 2793
section, if any, and shall specify whether the fees are levied 2794

H. B. No. 222 As Introduced

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.

2795
2796
2797
2798
2799
2800
2801
2802
2803
2804
2805
2806
2807
2808
2809
2810
2811
2812
2813
2814
2815
2816
2817
2818
2819
2820
2821
2822
2823
2824
2825

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

H. B. No. 222 As Introduced

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 2853
pursuant to a resolution adopted and ratified under this 2854
division by adopting a resolution establishing the proposed 2855
amount of the amended fees. The committee may repeal the fees 2856

H. B. No. 222 As Introduced

levied pursuant to such a resolution by adopting a resolution 2857
proposing to repeal them. Upon adopting such a resolution, the 2858
committee shall proceed to obtain ratification of the resolution 2859
in accordance with this division. 2860

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

H. B. No. 222 As Introduced

n approved under section 3734.521 of the Revised Code 2887

on with a change in district composition, other than 2888

ng the withdrawal of a county from a joint district, 2889

ee, within fourteen days after the change takes 2890

uant to division (G)(E) of that section, shall notify 2891

d mail the owner or operator of each solid waste 2892

cility that is required to collect the fees that the 2893

taken effect and of the amount of the fees, if any. 2894

of any fees shall commence or collection of repealed 2895

cease on the first day of the second month following 2896

n which notification is sent to the owner or 2897

2898

n the case of a change in district composition 2899

he withdrawal of a county from a joint district, the 2900

mpletes the actions required under division—(G)(l)or 2901

ion 3734.5213734.522_ of the Revised Code, as 2902

forty-five days or more before the beginning of a 2903

ar， the policy committee of each of the districts 2904

rom the change that obtained the director's approval 2905

al or amended plan in connection with the change, 2906

teen days after the director's completion of the 2907

tions, shall notify by certified mail the owner or 2908

each solid waste disposal facility that is required 2909

the district's fees that the change is to take effect 2910

t day of January immediately following the issuance 2911

ce and of the amount of the fees or amended fees 2912

r divisions(B)(l） to (3）of this section pursuant to 2913

t's initial or amended plan as so approved or, if 2914

， the repeal of the district's fees by that initial 2915

plan. Collection of any fees set forth in such a plan 2916

plan shall commence on the first day of January 2917

H. B. No. 222 As Introduced

immediately following the issuance of the notice. If such an 2918
initial or amended plan repeals a schedule of fees, collection 2919
of the fees shall cease on that first day of January. 2920

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 2944
district is levying under divisions (B)(1) to (3) of this 2945
section is amended or repealed, the fees in effect immediately 2946
prior to the amendment or repeal shall continue to be collected 2947
until collection of the amended fees commences or collection of 2948

H. B. No. 222

the repealed fees ceases， as applicable, as specified in this	2949
division. In the case of a change in district composition, money	2950
so received from the collection of the fees of the former	2951
districts shall be divided among the resulting districts in	2952
accordance with division—(B)of-section 343.012-3734.522_of the	2953
Revised Code and the agreements entered into under division (B)	2954
of section 343.01 of the Revised Code to establish the former	2955
and resulting districts and any amendments to those agreements.	2956
For the purposes of the provisions of division (B） of this	2957
section establishing the times when newly established or amended	2958
fees levied by a district are required to commence and the	2959
	2960
required to cease, "fees" or "schedule of fees" includes, in	2961
	2962
section, those levied under section 3734.573 or 3734.574 of the	2963
Revised Code.	2964
(C) For the purposes of defraying the added costs to a	2965
municipal corporation or township of maintaining roads and other	2966
public facilities and of providing emergency and other public	2967
services, and compensating a municipal corporation or township	2968
for reductions in real property tax revenues due to reductions	2969
in real property valuations resulting from the location and	2970
operation of a solid waste disposal facility within the	2971
municipal corporation or township, a municipal corporation or	2972
township in which such a solid waste disposal facility is	2973
	2974
ton on the disposal of solid wastes at a solid waste disposal	2975
facility located within the boundaries of the municipal	2976
corporation or township regardless of where the wastes were	2977
generated.	2978

H. B. No. 222 As Introduced

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) 3007
of this section do not apply to the disposal of solid wastes 3008
that: 3009

H. B. No. 222 As Introduced

(a) Are disposed of at a facility owned by the generator 3010
of the wastes when the solid waste facility exclusively disposes 3011
of solid wastes generated at one or more premises owned by the 3012
generator regardless of whether the facility is located on a 3013
premises where the wastes are generated; 3014

(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 301
products disposed of at a construction and demolition debris 302
facility that is licensed under Chapter 3714. of the Revised 302
Code or at a solid waste facility that is licensed under this 302
chapter. 302
(2) Except as provided in section 3734.571 of the Revised 3024
Code, any fees levied under division (B)(1) of this section 3025
apply to solid wastes originating outside the boundaries of a 3026
county or joint district that are covered by an agreement for 3027
the joint use of solid waste facilities entered into under 3028
section 343.02 of the Revised Code by the board of county 3029
commissioners or board of directors of the county or joint 3030
district where the wastes are generated and disposed of. 3031

(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.

H. B. No. 222 As Introduced

(4) When solid wastes are delivered to a solid waste 3040
transfer facility, the fees levied under divisions (B) and (C) 3041
of this section shall be levied upon the disposal of solid 3042
wastes transported off the premises of the transfer facility for 3043
disposal and shall be collected by the owner or operator of the 3044
solid waste disposal facility where the wastes are disposed of. 3045

(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

H. B. No. 222 As Introduced

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

H. B. No. 222 As Introduced

division (C) of this section shall be forwarded to the treasurer 3101
or such other officer of the municipal corporation as, by virtue 3102
of the charter, has the duties of the treasurer or to the fiscal 3103
officer of the township, as appropriate, in accordance with 3104
those rules. 3105

(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 3115
or board of directors under division (E) of this section or 3116
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 3117
Code shall be paid to the county treasurer, or other official 3118
acting in a similar capacity under a county charter, in a county 3119
district or to the county treasurer or other official designated 3120
by the board of directors in a joint district and kept in a 3121
separate and distinct fund to the credit of the district. If a 3122
regional solid waste management authority has been formed under 3123
section 343.011 of the Revised Code, moneys received by the 3124
board of trustees of that regional authority under division (E) 3125
of this section shall be kept by the board in a separate and 3126
distinct fund to the credit of the district. Moneys in the 3127
special fund of the county or joint district arising from the 3128
fees levied under division (B) of this section and the fee 3129
levied under division (A) of section 3734.573 of the Revised 3130
Code shall be expended by the board of county commissioners or 3131

H. B. No. 222 As Introduced

he district in accordance with the district's		3132
anagement plan or amended plan approved under		3133
521， 3734.55， or 3734.56 of the Revised Code		3134
or the following purposes:		3135
	aration of the solid waste management plan of the	3136
	Section 3734.54 of the Revised Code, monitoring	3137
	of the plan, and conducting the periodic review	3138
	of the plan required by section 3734.56 of the	3139
	oy the solid waste management policy committee;	3140
	ementation of the approved solid waste management	3141
	ed plan of the district， including， without	3142
	ne development and implementation of solid waste	3143
ceduction programs;		3144
		3145
	strict, if solid waste facilities are located	3146
	strict, for enforcement of this chapter and rules,	3147
	erms and conditions of permits, licenses， and	3148
	oted or issued under it, other than the hazardous	3149
	ons of this chapter and rules adopted and orders	3150
	conditions of permits issued under those	3151
		3152
	iding financial assistance to each county within	3153
	to defray the added costs of maintaining roads and	3154
	acilities and of providing emergency and other	3155
	es resulting from the location and operation of a	3156
	icility within the county under the district's	3157
	utd papuaue to uetd auawabeueu aisem	3158
	uant to contracts entered into with boards of	3159
	the district, if solid waste facilities contained	3160

H. B. No. 222 As Introduced

	in the district's approved plan or amended plan are located
	boards of health for collecting and analyzing samples from 3163
	public or private water wells on lands adjacent to those 3164
facilities;	3165
	3166
inspection of solid wastes generated outside the boundaries of	3167
this state that are disposed of at solid waste facilities	3168
included in the district's approved solid waste management plan	3169
or amended plan;	3170
(7） Providing financial assistance to boards of health	3171
within the district for the enforcement of section 3734.03 of	3172
	3173
	3174
laws and ordinances;	3175
(8） Providing financial assistance to boards of health of	3176
health districts within the district that are on the approved	3177
list under section 3734.08 of the Revised Code to defray the	3178
costs to the health districts for the participation of their	3179
employees responsible for enforcement of the solid waste	3180
provisions of this chapter and rules adopted and orders and	3181
terms and conditions of permits, licenses, and variances issued	3182
under those provisions in the training and certification program	3183
as required by rules adopted under division (L) of section	3184
3734.02 of the Revised Code;		3185
(9） Providing financial assistance to individual municipal		3186
		3187

added costs of maintaining roads and other public facilities and 3188
of providing emergency and other public services resulting from 3189
the location and operation within their boundaries of a 3190

H. B. No. 222 As Introduced

composting, energy or resource recovery, incineration, or 3191
recycling facility that either is owned by the district or is 3192
furnishing solid waste management facility or recycling services 3193
to the district pursuant to a contract or agreement with the 3194
board of county commissioners or directors of the district; 3195

(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 3215
existed prior to October 29, 1993, or any provision in a 3216
district's solid waste management plan prepared in accordance 3217
with division (B)(2)(e) of section 3734.53 of the Revised Code 3218
as it existed prior to that date, any moneys arising from the 3219
fees levied under division (B)(3) of this section prior to 3220

H. B. No. 222 As Introduced

January 1, 1994, may be expended for any of the purposes 3221
authorized in divisions (G)(1) to (10) of this section. 3222

(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 3234
management district that is levying fees under division (B) of 3235
section 3734.57 of the Revised Code on October 29, 1993, 3236
pursuant to a resolution adopted under that division and former 3237
Section 25 of Am. Sub. S.B. 359 of the 119th general assembly, 3238
or one that is levying those fees pursuant to such a resolution 3239
and for which the director of environmental protection 3240
disapproves the initial solid waste management plan of the 3241
district under section 3734.55 of the Revised Code on or after 3242
October 29, 1993, may continue to levey levy those fees until 3243
the district abolishes them under division (D) of this section, 3244
the director issues an order under division (F) of this section 3245
requiring the district to cease levying the fees, or the 3246
district obtains approval of its own plan under section 3734.521 3247
or 3734.56 of the Revised Code and collection of the fees 3248
established in the approved plan commences in accordance with 3249
division (B) of section 3734.57 of the Revised Code. 3250

H. B. No. 222 As Introduced

(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 3268
county or joint district described in division (A)(1) of this 3269
section may a levy a fee under division (A) of section 3734.573 3270
of the Revised Code by adopting and obtaining ratification of a 3271
resolution establishing the amount of the fee. The policy 3272
committee of such a district that, after December 1, 1993, 3273
concurrently proposes to levy a fee under division (A) of 3274
section 3734.573 of the Revised Code and to amend the fees that 3275
the district is levying under division (B) of section 3734.57 of 3276
the Revised Code may adopt and obtain ratification of one 3277
resolution to do both. A county or joint district that is 3278
ordered under division (D) or (F) of section 3734.521 of the 3279
Revised Code to implement an initial plan prepared by the 3280
director may levy fees under division (B) of section 3734.57 of 3281

H. B. No. 222 As Introduced

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

H. B. No. 222 As Introduced

the total population of the district. 3313

(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

H.B.No.222 AsIntroduced	Page112
(10)division (G) of section 3734.57 of the Revised Code;	3343
(2） The director reasonably estimates that there will be	3344
	3345
proposed expenditures;	3346
	3347
director at least thirty days prior to the beginning of the	3348
calendar quarter to which it pertains;	3349
(4） The board failed to submit the latest report of	3350
	3351
submit under section 3734.575 of the Revised Code within thirty	3352
days after the end of the calendar quarter to which it pertains;	3353
(5） The district is materially failing to comply with the	3354
implementation schedule contained in the plan or amended plan of	3355
	3356
section 3734.521, 3734.55, 0r 3734.56 of the Revised Code;	3357
	3358
	3359
division (E) of this section and actual expenditures from the	3360
fund.	3361
If the director does not disapprove a proposed quarterly	3362
budget prior to the first day of the calendar quarter to which	3363
it pertains, it is conclusively presumed that the proposed	3364
budget has not been disapproved.	3365
Nothing in division (E) of this section precludes the	3366
board of county commissioners or directors of a district from	3367
	3368
that occur during a calendar quarter that were not provided for	3369
in the proposed budget for that quarter. Prior to making any	3370
such expenditure, the board shall notify the director of the	3371

H. B. No. 222 As Introduced

nature of the unforeseen circumstances and of the amount of the 3372
expenditure needed to meet them. The board shall include an 3373
explanation of the nature of the unforeseen circumstances and of 3374
the necessity and amount of the expenditures to meet them in the 3375
quarterly expenditure report for the quarter in which the 3376
expenditures were made that is submitted to the director under 3377
section 3734.575 of the Revised Code. 3378

(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.

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3383
3384
3385
3386
3387
3388
3389
3390
3391
3392
3393
3394
3395
3396
3397
3398
3399
3400
3401

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

H. B. No. 222 As Introduced

implement or administer this section or division (D) of section 3402
3734.55 of the Revised Code. 3403
(H) Moneys received by a district levying fees under 3404
division (A) or (B) of this section shall be credited to the 3405
special fund of the district created in division (G) of section 3406
3734.57 of the Revised Code and shall be used exclusively for 3407
the purposes set forth in divisions (G)(1) to (10)division (G) 3408
of that section in the manner prescribed by the solid waste 3409
management policy committee of the district by resolution and 3410
for the purposes of section 3734.551 of the Revised Code. 3411
Section 2. That existing sections 343.01, 343.011, 3412
343.012, 343.022, 343.08, 3714.07, 3714.073, 3734.521, 3734.53, 3413
3734.56, 3734.57, and 3734.574 of the Revised Code are hereby 3414
repealed. 3415
Section 3. Section 3734.56 of the Revised Code is 3416
presented in this act as a composite of the section as amended 3417
by both S.B. 153 and S.B. 165 of the 120th General Assembly. The 3418
General Assembly, applying the principle stated in division (B) 3419
of section 1.52 of the Revised Code that amendments are to be 3420
harmonized if reasonably capable of simultaneous operation, 3421
finds that the composite is the resulting version of the section 3422
in effect prior to the effective date of the section as 3423
presented in this act. 3424