As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 75

Representatives Harwood, Law, Carano, Kearns, S. Patton, Miller, Distel, Skindell 

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A BILL

To amend sections 3714.01, 3714.02, 3714.03, 3714.04,

1

3714.05, 3714.06, 3714.08, and 3714.09, to enact

2

sections 3714.051, 3714.101, and 3714.30 to

3

3714.40, and to repeal section 3714.021 of the

4

Revised Code to revise the siting criteria for a

5

construction and demolition debris facility, to

6

establish an application fee for an initial

7

construction and demolition debris facility

8

license, to require monthly inspections of

9

construction and demolition debris facilities, to

10

require background checks for the operation of

11

such a facility, to require post-closure bonding

12

for certain construction and demolition debris

13

facilities, and to make other changes in the

14

Construction and Demolition Debris Law.

15

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

Section 1. That sections 3714.01, 3714.02, 3714.03, 3714.04,	16
3714.05, 3714.06, 3714.08, and 3714.09 be amended and sections	17
3714.051, 3714.101, 3714.30, 3714.31, 3714.32, 3714.33, 3714.34,	18
3714.35, 3714.36, 3714.37, 3714.38, 3714.39, and 3714.40 of the	19
Revised Code be enacted to read as follows:	20

Sec. 3714.01.  As used in this chapter:

21

(A) "Board of health" means the board of health of a city or	22
general health district or the authority having the duties of a	23
board of health in any city as authorized by section 3709.05 of	24
the Revised Code.	25

(B) "Closure" means either the time at which a construction	26
and demolition debris facility will no longer accept construction	27
and demolition debris for disposal or the effective date of an	28
order revoking the license of the facility. "Closure" includes	29
measures performed to protect public health or safety, to prevent	30
air or water pollution, or to make the facility suitable for other	31
uses, if any, including, without limitation, the establishment and	32
maintenance of suitable cover of soil and vegetation over areas	33
where construction and demolition debris is buried and the	34
minimization of erosion, the infiltration of surface water into	35
such areas, the production of leachate, and the accumulation and	36
runoff of contaminated surface water.	37

(C) "Construction and demolition debris" means those	38
materials resulting from the alteration, construction,	39
destruction, rehabilitation, or repair of any physical structure	40
that is built by humans, including, without limitation, houses,	41
buildings, industrial or commercial facilities, or roadways.	42
"Construction and demolition debris" includes particles and dust	43
created during demolition activities. "Construction and demolition	44
debris" does not include materials identified or listed as solid	45
wastes or hazardous waste pursuant to Chapter 3734. of the Revised	46
Code and rules adopted under it; materials from mining operations,	47
nontoxic fly ash, spent nontoxic foundry sand, and slag; or	48
reinforced or nonreinforced concrete, asphalt, building or paving	49
brick, or building or paving stone that is stored for a period of	50
less than two years for recycling into a usable construction	51
material.	52

(D) "Disposal" means the discharge, deposit, injection,	53
dumping, spilling, leaking, emitting, or placing of any	54
construction and demolition debris into or on any land or ground	55
or surface water or into the air, except if the disposition or	56
placement constitutes storage.	57

(E) "Facility" means any site, location, tract of land,	58
installation, or building used for the disposal of construction	59
and demolition debris. "Facility" does not include any	60
construction site where construction debris and trees and brush	61
removed in clearing the construction site are used as fill	62
material on the site where the materials are generated or removed	63
and does not include any site where materials composed exclusively	64
of reinforced or nonreinforced concrete, asphalt, clay tile,	65
building or paving brick, or building or paving stone are used as	66
fill material, either alone or in conjunction with clean soil,	67
sand, gravel, or other clean aggregates, in legitimate fill	68
operations for construction purposes or to bring the site up to a	69
consistent grade.	70

(F) "Health district" means a city or general health district	71
created by or under the authority of Chapter 3709. of the Revised	72
Code.	73

(G) "Person" includes the state, any political subdivision of	74
the state or other state or local body, the United States and any	75
agency or instrumentality thereof, and any legal entity or	76
organization defined as a person under section 1.59 of the Revised	77
Code.	78

(H) "Storage" means the holding of construction and	79
demolition debris for a temporary period in such a manner that it	80
remains retrievable and substantially unchanged and, at the end of	81
the period, is disposed of or reused or recycled in a beneficial	82
manner.	83

Sec. 3714.02. Within twelve months after July 24, 1990, the	84
The director of environmental protection shall adopt, and may	85
amend and rescind, rules in accordance with Chapter 119. of the	86
Revised Code governing construction and demolition debris	87
facilities and the inspection of and issuance of licenses for	88
those facilities. The rules shall ensure that the facilities will	89
not create a nuisance, fire hazard, or health hazard or cause or	90
contribute to air or water pollution. The rules shall establish	91
all of the following:	92

(A) Standards for the design and construction of facilities.	93
These standards may include, without limitation, requirements for	94
diking around the areas where debris is buried to prevent runoff	95
of surface water onto adjacent property.	96

(B) Standards for control over access to facilities;

97

(C) Standards for the operation of facilities, including,	98
without limitation, standards for the compaction and covering of	99
debris disposed of and standards regarding equipment used for the	100
operation of facilities;	101

(D) Criteria and procedures for granting authorization to the	102
owner or operator of a facility to dispose of asbestos or	103
asbestos-containing materials or products at histhe owner's or	104
operator's facility;	105

(E) Requirements for the installation of ground water	106
monitoring wells and the monitoring of ground water quality at any	107
facility where the operation of the facility threatens to	108
contaminate ground water;. The rules shall require annual sampling	109
and laboratory analysis of ground water and leachate samples and	110
testing for the presence of organic compounds and heavy metals	111
that the director determines to be necessary and any other factor	112
that the director determines to be necessary.	113

(F) Requirements respecting written, narrative plans for the	114
operation of facilities;	115

(G) Requirements respecting contingency plans for effective	116
action in response to fire or explosion at a facility;	117

(H) Financial assurance requirements for the closure and	118
post-closure care of facilities. The rules shall require that the	119
owner or operator of a facility, before being issued a license for	120
the facility under section 3714.06 of the Revised Code, submit a	121
surety bond, a letter of credit, or other acceptable financial	122
assurance, as specified by the director in the rules, in an amount	123
equal to the estimated costs for closure and post-closure care of	124
those portions of the facility that have been, are being, or are	125
to be used for the disposal of construction and demolition debris	126
as contained in the closure plan for the facility approved by the	127
board of health of the health district in which the facility is or	128
is to be located or, if the facility is or is to be located in a	129
health district that is not on the approved list under division	130
(A) or (B)(1) or (2) of section 3714.09 of the Revised Code, by	131
the director. The rules establishing financial assurance	132
requirements for the post-closure care of facilities do not apply	133
for twenty-four months after the effective date of this amendment	134
to a facility for which a license was issued on or before the	135
effective date of this amendment.	136

(I) Requirements for the closure of facilities. The	137
requirements shall include minimum requirements for the closure of	138
all facilities and such additional requirements as are reasonably	139
related to the location of the facility and the type and quantity	140
of materials disposed of in the facility.	141

(J) Requirements for the post-closure care of facilities that	142
are reasonably related to the continued maintenance of ground	143
water monitoring wells and to the monitoring of ground water at a	144
facility as provided under section 3714.101 of the Revised Code.	145

The rules adopted under this section shall not prohibit the	146
open burning of construction debris on a construction site in	147
compliance with division (C)(1) of section 3704.11 of the Revised	148
Code.	149

Sec. 3714.03. (A) As used in this section:

150

(1) "Aquifer system" means one or more geologic units or	151
formations that are wholly or partly saturated with water and are	152
capable of storing, transmitting, or yielding ground water at a	153
time weighted average rate greater than one-tenth of a gallon per	154
minute over a twenty-four-hour period unless the geologic units or	155
formations yield less than three gallons per minute, but more than	156
one-tenth of a gallon per minute and the ground water yield is	157
less than fifty per cent of the yield of another saturated zone	158
under a construction and demolition debris facility that is the	159
likely source of water used for any purpose within one mile of the	160
facility.	161

(2) "Category 3 wetland" means a category 3 wetland as	162
described in rule 3745-1-54 of the Administrative Code as that	163
rule existed on the effective date of this amendment.	164

(3) "Community water system" has the same meaning as in	165
section 6109.01 of the Revised Code.	166

(4) "Drinking water source protection area for a community	167
water system using ground water" means the surface and subsurface	168
areas surrounding a public water supply well that will provide	169
water from an aquifer to the well within five years as delineated	170
or endorsed by the environmental protection agency in accordance	171
with the wellhead protection program or the source water	172
assessment protection program established pursuant to section	173
6109.04 of the Revised Code.	174

(5) "Limits of construction and demolition debris placement"	175
means the areal and vertical limits of debris placement within a	176
construction and demolition debris facility and includes the	177
volume of debris placement.	178

(6) "Natural area" means any of the following:

179

(a) An area designated by the director of natural resources	180
as a scenic river under section 1517.14 of the Revised Code;	181

(b) An area designated by the United States department of the	182
interior as a national scenic river;	183

(c) An area designated by the United States forest service as	184
either a special interest area or a research natural area in the	185
Wayne national forest;	186

(d) An area designated, owned, and managed by the Ohio	187
historical society as a nature preserve;	188

(e) A stream segment designated by the environmental	189
protection agency under Chapter 6111. of the Revised Code and	190
rules adopted under it as a state resource water, a coldwater	191
habitat, or an exceptional warmwater habitat.	192

(B) Neither the director of environmental protection nor any	193
board of health shall issue a license under section 3714.06 of the	194
Revised Code to establish and operate a new construction and	195
demolition debris facility when any portionthe limits of	196
construction and demolition debris placement of the facility is	197
are proposed to be located in eitherany of the following	198
locations:	199

(A)(1) Within the boundaries of thea one-hundred-year flood	200
plain of a watercourse, as those boundaries are shown on the	201
applicable maps prepared under the "National Flood Insurance Act	202
of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, unless the	203
owner or operator has obtained an exemption from this division	204
(B)(1) of this section in accordance with section 3714.04 of the	205
Revised Code. With respect to watercourses or portions thereof for	206
whichIf no such maps have been prepared, the boundaries of thea	207
one-hundred-year flood plain shall be determined by the applicant	208
for a license based upon a design storm of seven inches of	209
precipitation in twenty-four hours and upon standard methodologies	210
set forth in "urban hydrology for small watersheds" (soil	211
conservation service technical release number 55) and section 4 of	212
the "national engineering hydrology handbook" of the soil	213
conservation service of the United States department of	214
agriculture.	215

(B)(2) Within the boundaries of a sole source aquifer	216
designated by the administrator of the United States environmental	217
protection agency under the "Safe Drinking Water Act," 88 Stat.	218
1660 (1974), 42 U.S.C.A. 300f, as amended;	219

(3) Above an unconsolidated aquifer system that sustains a	220
one hundred gallon per minute yield for a twenty-four-hour period	221
to an existing or future water supply well located within one	222
thousand feet of the limits of construction and demolition debris	223
placement of the facility. The existence of such an aquifer system	224
shall be determined through publicly available information or	225
hydrogeologic site investigation.	226

(C) Except as provided in division (I) of this section,	227
neither the director nor any board shall issue a license under	228
section 3714.06 of the Revised Code to establish and operate a new	229
construction and demolition debris facility or to modify an	230
existing facility when the limits of construction and demolition	231
debris placement at the new facility or at any new portion of the	232
existing facility are proposed to be located in any of the	233
following locations:	234

(1) Within one thousand feet of a water supply well;

235

(2) Within two hundred feet of a stream, lake, or category 3	236
wetland;	237

(3) Within two hundred feet of the facility's property line;

238

(4) Within one thousand feet of a state park established or	239
dedicated under Chapter 1541. of the Revised Code, a state park	240
purchase area established under section 1541.02 of the Revised	241
Code, any unit of the national park system, or any property that	242
lies within the boundaries of a national park or recreation area,	243
but that has not been acquired or is not administered by the	244
secretary of the United States department of the interior, located	245
in this state, or any area located in this state that is	246
recommended by the secretary for study for potential inclusion in	247
the national park system in accordance with "The Act of August 18,	248
1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended;	249

(5) If a liner and a leachate management system are used at	250
the facility, above the subsurface area of potential subsidence to	251
an underground mine.	252

(D) Except as provided in division (I) of this section,	253
neither the director nor any board shall issue a license under	254
section 3714.06 of the Revised Code to establish and operate a new	255
construction and demolition debris facility or to modify an	256
existing facility when the limits of construction and demolition	257
debris placement at the new facility or at any new portion of an	258
existing facility are proposed to be located less than five feet	259
above the uppermost aquifer system.	260

(E) Except as provided in division (I) of this section,	261
neither the director nor any board shall issue a license under	262
section 3714.06 of the Revised Code to establish and operate a new	263
construction and demolition debris facility or to modify an	264
existing facility when the limits of construction and demolition	265
debris placement at the new facility or at any new portion of an	266
existing facility are proposed to be located in a drinking water	267
source protection area for a community water system using ground	268
water.	269

(F) Neither the director nor any board shall issue a license	270
under section 3714.06 of the Revised Code to establish and operate	271
a new construction and demolition debris facility when the limits	272
of construction and demolition debris placement of the new	273
facility are proposed to be located within one thousand feet of a	274
natural area, any area established by the department of natural	275
resources as a state wildlife area under Chapter 1531. of the	276
Revised Code and rules adopted under it, any area that is formally	277
dedicated as a nature preserve under section 1517.05 of the	278
Revised Code, or any area designated by the United States	279
department of the interior as a national wildlife refuge.	280

(G) Neither the director nor any board shall issue a license	281
under section 3714.06 of the Revised Code to establish and operate	282
a new construction and demolition debris facility unless the areas	283
at the new facility where construction and demolition debris will	284
be placed will have a liner comprised of not less than eighteen	285
inches of compacted clay and the new facility will install and	286
operate a ground water monitoring system and leachate management	287
system.	288

(H) As used in this section, "new portion of an existing	289
facility" means any area of an existing facility that has not been	290
designated as an active or inactive licensed disposal area for the	291
facility.	292

(I) Divisions (C), (D), and (E) of this section do not apply	293
for twenty-four months after the effective date of this amendment	294
to a facility for which a license was issued on or before the	295
effective date of this amendment.	296

Sec. 3714.04.  The director of environmental protection or	297
the board of health having territorial jurisdiction may by order	298
exempt any person disposing of or proposing to dispose of	299
construction and demolition debris in such quantities or under	300
such circumstances that, in the determination of the director or	301
board of health, are unlikely to adversely affect the public	302
health or safety or the environment, or to create a fire hazard,	303
from any provision of this chapter or a rule adopted or order	304
issued under it, other than division (B)(2) of section 3714.03 or	305
division (E) of section 3714.13 of the Revised Code. Neither the	306
director nor any board of health shall grant an exemption under	307
this section from division (A)(B)(1) of section 3714.03 of the	308
Revised Code if the director or board finds from the license	309
application that the establishment of a new construction or	310
demolition debris facility in the one-hundred-year flood plain of	311
a watercourse would result in an increase of more than one foot in	312
the elevation of the flood stage of the watercourse upstream or	313
downstream from the proposed facility. The applicant for a license	314
shall determine the increase in the flood stage resulting from the	315
location of the proposed facility within the one-hundred-year	316
flood plain of a watercourse based upon a design storm of seven	317
inches of precipitation in twenty-four hours and upon standard	318
methodologies set forth in "urban hydrology for small watersheds"	319
(soil conservation service technical release number 55) and	320
section 4 of the "national engineering hydrology handbook" of the	321
soil conservation service of the United States department of	322
agriculture.	323

Sec. 3714.05.  The board of health of each health district	324
maintaining a program on the approved list under division (A) or	325
(B)(1) or (2) of section 3714.09 of the Revised Code shall provide	326
for the inspection orof, licensing of, and enforcement of	327
standards governing construction and demolition debris facilities	328
under this chapter and rules adopted under it. The director of	329
environmental protection shall provide for the inspection and	330
licensing of construction and demolition debris facilities, and	331
enforcement of standards in health districts that are not on the	332
approved list under those divisions and may provide for the	333
inspection of the facilities and enforcement of standards in	334
health districts that are on the approved list under those	335
divisions.	336

Sec. 3714.051. Each person proposing to open a new	337
construction and demolition debris facility, prior to the	338
submission of an application for an initial license, shall hold a	339
public meeting in the township or municipal corporation, whichever	340
is applicable, where the proposed facility is to be located. The	341
director of environmental protection or the director's designee or	342
the board of health of the health district in which the facility	343
is to be located or the board's designee may attend the public	344
meeting. At least thirty days prior to the public meeting, the	345
person proposing to open a facility shall provide notice of the	346
time, day, and location of the public meeting in a newspaper of	347
general circulation in the locality of the proposed facility and	348
mail a copy of the notice to the director or board of health,	349
whichever is applicable.	350

Sec. 3714.06.  (A) No person shall establish, modify,	351
operate, or maintain a construction and demolition debris facility	352
without a construction and demolition debris facility installation	353
and operation license issued by the board of health of the health	354
district in which the facility is or is to be located or, if the	355
facility is or is to be located in a health district that is not	356
on the approved list under division (A) or (B)(1) or (2) of	357
section 3714.09 of the Revised Code, from the director of	358
environmental protection. Each person proposing to open a new	359
construction and demolition debris facility or to modify an	360
existing facility shall, at least ninety days before proposed	361
operation of the facility, submit an application for a license	362
with accompanying plans, specifications, and information regarding	363
the facility and its method of operation to the board of health of	364
the health district in which the facility is located or proposed	365
for approval as complying with the rules adopted under section	366
3714.02 of the Revised Code and the standards set forth in	367
divisions (A) and (B) of section 3714.03 of the Revised Code or,	368
if the health district in which the facility is located or	369
proposed to be located is not on the approved list under division	370
(A) or (B)(1) or (2) of section 3714.09 of the Revised Code, to	371
the director for approval as complying with those rules and	372
standards. If the board of health or the director, as appropriate,	373
finds that the proposed facility or modification complies with	374
those rules and standards, the board or director shall issue a	375
license for the facility. Any such license may be issued with such	376
terms and conditions as the board or the director, as appropriate,	377
finds necessary to ensure that the facility will comply with this	378
chapter and the rules adopted under it and to protect the public	379
health and safety and the environment. Licenses issued under this	380
section expire annually on the thirty-first day of December.	381

An application for a license to open a new construction and	382
demolition debris facility shall be accompanied by the fee	383
established in section 3714.061 of the Revised Code.	384

(B) During the month of December, but before the first day of	385
January of the next year, each person proposing to continue with	386
construction or operation of a construction and demolition debris	387
facility shall procure a license for the facility for that year	388
from the board of health of the health district in which the	389
facility is located or, if the facility is located in a health	390
district that is not on the approved list under division (A) or	391
(B)(1) or (2) of section 3714.09 of the Revised Code, from the	392
director. The application for a license shall be submitted to the	393
board of health or the director, as appropriate, on or before the	394
last day of September of the year preceding that for which the	395
license is sought. A person who has received a license, upon sale	396
or disposition of the facility, may, with the consent of the board	397
or the director, as appropriate, have the license transferred to	398
another person.	399

(C) The owner or operator of a construction and demolition	400
debris facility that is in operation or under construction on the	401
effective date of this section shall, within six months after the	402
effective date of the rules adopted under section 3714.02 of the	403
Revised Code, submit to the board of the health district in which	404
the facility is located or under construction an application for a	405
construction and demolition debris facility installation and	406
operation license and accompanying plans, specifications, and	407
information regarding the facility and its method of operation. If	408
the health district in which such an existing facility is not on	409
the approved list under division (A) or (B)(1) or (2) of section	410
3714.09 of the Revised Code, the owner or operator of the facility	411
shall submit the application for a license and accompanying plans,	412
specifications, and information regarding the facility and its	413
method of operation to the director within that time. The board or	414
the director, as appropriate, shall issue a license for such an	415
existing facility within ninety days after receiving a complete	416
application therefor and accompanying plans, specifications, and	417
information if the board or the director finds that the facility	418
complies with the rules adopted under section 3714.02 of the	419
Revised Code. When issuing a license under this division for an	420
existing facility or a license to expand any existing facility	421
that was initially licensed under this division onto contiguous	422
land owned by the owner or operator of the existing facility on	423
the date on which the application for a license for the facility	424
was submitted under this division, neither the board nor the	425
director shall consider whether the existing facility complies	426
with the standards set forth in divisions (A) and (B) of section	427
3714.03 of the Revised Code.	428

If the board of health or the director denies an application	429
submitted under this division, the board or the director shall	430
include in the order denying the application the requirements that	431
the owner or operator of the facility submit a plan for closure of	432
the facility to the board or the director, as appropriate, for	433
approval within six months after issuance of the order; cease	434
accepting construction and demolition debris for disposal; and	435
commence closure of the facility within one year after issuance of	436
the order.	437

(D) Upon issuance of a license under this section, thea	438
board of health shall mail a copy of the license to the director.	439
If a license authorizes construction of a new facility or	440
modification of an existing facility, the board shall also mail	441
with the license a copy of the approved plans, specifications, and	442
information regarding the facility and its method of operation.	443

Sec. 3714.061. The fee for an application for an initial	444
construction and demolition debris facility installation and	445
operation license issued under section 3714.06 of the Revised Code	446
is five thousand dollars. The fee shall accompany the application	447
for the initial license submitted under that section and is	448
nonrefundable.	449

A board of health issuing licenses under section 3714.06 of	450
the Revised Code shall pay the money from the fee into the special	451
fund of the health district created in section 3714.07 of the	452
Revised Code. If the director of environmental protection issues	453
licenses under section 3714.06 of the Revised Code, the director	454
shall transmit money from the fee to the treasurer of state to be	455
credited to the construction and demolition debris facility	456
oversight fund created in section 3714.07 of the Revised Code.	457

Sec. 3714.08.  (A) At least annuallyonce each month, the	458
board of health of a health district or the director of	459
environmental protection shall cause each construction and	460
demolition debris facility for which the board or the director, as	461
appropriate, issued a license under section 3714.06 of the Revised	462
Code to be inspected and shall cause a record to be made of each	463
inspection. The board or the director shall require each such	464
facility to be in substantial compliance with this chapter and	465
rules adopted under it.	466

(B) Within thirty days after the issuance of a license, the	467
board of health shall certify to the director of environmental	468
protection that the construction and demolition debris facility	469
has been inspected and is in substantial compliance with this	470
chapter and rules adopted under it. Each board of health shall	471
provide the director with such other information as hethe	472
director may require from time to time.	473

(C) The board of health or its authorized representative and	474
the director or histhe director's authorized representative, upon	475
proper identification and upon stating the purpose and necessity	476
of an inspection, may enter at reasonable times upon any public or	477
private property, real or personal, to inspect or investigate,	478
obtain samples, and examine or copy records to determine	479
compliance with this chapter and rules adopted under it. The board	480
of health or its authorized representative or the director or his	481
the director's authorized representative may apply for, and any	482
judge of a court of record may issue, an appropriate search	483
warrant necessary to achieve the purposes of this chapter and	484
rules adopted under it within the court's territorial	485
jurisdiction. If entry is refused or inspection or investigation	486
is refused, hindered, or thwarted, the board of health or the	487
director may suspend or revoke the construction and demolition	488
debris facility's license.	489

(D) If the entry authorized by division (C) of this section	490
is refused or if the inspection or investigation so authorized is	491
refused, hindered, or thwarted by intimidation or otherwise and if	492
the director, the board of health, or authorized representative of	493
either applies for and obtains a search warrant under division (C)	494
of this section to conduct the inspection or investigation, the	495
owner or operator of the premises where entry was refused or	496
inspection or investigation was refused, hindered, or thwarted is	497
liable to the director or board of health for the reasonable costs	498
incurred by either for the regular salaries and fringe benefit	499
costs of personnel assigned to conduct the inspection or	500
investigation from the time the entry, inspection, or	501
investigation was refused, hindered, or thwarted until the search	502
warrant is executed; for the salary, fringe benefits, and travel	503
expenses of the attorney general, prosecuting attorney of the	504
county, or city director of law, or an authorized assistant,	505
incurred in obtaining the search warrant; and for expenses	506
necessarily incurred for the assistance of local law enforcement	507
officers in executing the search warrant. In the application for a	508
search warrant, the director or board of health may request and	509
the court, in its order granting the search warrant, may order the	510
owner or operator of the premises to reimburse the director or	511
board of health for such of those costs as the court finds	512
reasonable. From moneys recovered under this division, the	513
director shall reimburse the attorney general for the costs	514
incurred by himthe attorney general or histhe attorney general's	515
authorized assistant in connection with proceedings for obtaining	516
the search warrant, shall reimburse the political subdivision in	517
which the premises is located for the assistance of its law	518
enforcement officers in executing the search warrant, and shall	519
deposit the remainder to the credit of the construction and	520
demolition debris facility oversight fund created in section	521
3714.07 of the Revised Code. From moneys recovered under this	522
division, the board of health shall reimburse the prosecuting	523
attorney of the county or the city director of law for the costs	524
incurred by himthe prosecuting attorney or the city director of	525
law or histhe authorized assistant of the prosecuting attorney or	526
the city director of law in connection with proceedings for	527
obtaining the search warrant, shall reimburse the political	528
subdivision in which the premises is located for the assistance of	529
its law enforcement officers in executing the search warrant, and	530
shall deposit the remainder of any such moneys to the credit of	531
the special fund of the health district created in section 3714.07	532
of the Revised Code.	533

Sec. 3714.09.  (A) The director of environmental protection	534
shall place each health district that is on the approved list	535
under division (A) or (B) of section 3734.08 of the Revised Code	536
on the approved list for the purposes of issuing licenses under	537
section 3714.06 of the Revised Code. Any survey or resurvey of any	538
such health district conducted under section 3734.08 of the	539
Revised Code shall also determine whether there is substantial	540
compliance with this chapter. If the director removes any such	541
health district from the approved list under division (B) of that	542
section, the director shall also remove the health district from	543
the approved list under this division and shall administer and	544
enforce this chapter in the health district until the health	545
district is placed on the approved list under division (B) of	546
section 3734.08 of the Revised Code or division (B)(1) of this	547
section.	548

(B)(1) Upon the request of the board of health of a health	549
district that is not on the approved list under division (A) or	550
(B) of section 3734.08 of the Revised Code, the director may place	551
the board on the approved list for the purpose of licensing	552
construction and demolition debris facilities under section	553
3714.06 of the Revised Code if the director determines that the	554
board is both capable of and willing to enforce all of the	555
applicable requirements of this chapter and rules adopted under	556
it.	557

(2) The director shall annually survey each health district	558
on the approved list under division (B)(1) of this section to	559
determine whether there is substantial compliance with this	560
chapter and rules adopted under it. Upon determining that there is	561
substantial compliance, the director shall place the health	562
district on the approved list under that division. The director	563
shall make a resurvey when in the director's opinion a resurvey is	564
necessary and shall remove from the approved list under division	565
(B)(1) of this section any health district not substantially	566
complying with this chapter and rules adopted under it.	567

(3) If, after a survey or resurvey is made under division	568
(B)(2) of this section, the director determines that a health	569
district is not eligible to be placed on the approved list or to	570
continue on that list, the director shall certify that fact to the	571
board of health of the health district and shall administer and	572
enforce this chapter and rules adopted under it in the health	573
district until such time as the health district is placed on the	574
approved list.	575

(4) Whenever the director is required to administer and	576
enforce this chapter in any health district under division (A) or	577
(B)(3) of this section, the director is hereby vested with all of	578
the authority and all the duties granted to or imposed upon a	579
board of health under this chapter and rules adopted under it	580
within the health district. All application fees required to be	581
paid to a board of health by section 3714.061 of the Revised Code,	582
all disposal fees required to be paid to a board of health by	583
section 3714.07 of the Revised Code, and all such previous fees	584
paid to the board, together with any money from construction and	585
demolition debris facility license fees that were required to be	586
paid to the board under section 3714.07 of the Revised Code as	587
that section existed prior to the effective date of this amendment	588
April 15, 2005, that have not been expended or encumbered shall be	589
paid to the director and deposited by the director to the credit	590
of the construction and demolition debris facility oversight fund	591
created in section 3714.07 of the Revised Code.	592

(C) Nothing in this chapter limits the authority of the	593
director to initiate and pursue any administrative remedy or to	594
request the attorney general, the prosecuting attorney of the	595
appropriate county, or the city director of law of the appropriate	596
city to initiate and pursue any appropriate judicial remedy	597
available under this chapter to enforce any provision of this	598
chapter and any rules or terms or conditions of any license or	599
order adopted or issued under this chapter with respect to any	600
construction and demolition debris facility regardless of whether	601
the facility is located in a health district that is on the	602
approved list under division (A) or (B)(1) or (2) of this section.	603

Sec. 3714.101. If the owner or operator of a construction and	604
demolition debris facility has been issued a license and the	605
facility is required to install ground water monitoring wells and	606
monitor the quality of ground water under this chapter and rules	607
adopted under it, the owner or operator shall maintain the ground	608
water monitoring wells and monitor the quality of ground water for	609
ten years after the closure of the facility. In addition, the	610
owner or operator shall provide financial assurance for the	611
continued maintenance of ground water monitoring wells and for	612
monitoring the quality of ground water for ten years after the	613
closure of the facility in accordance with rules adopted under	614
this chapter.	615

Sec. 3714.30. As used in sections 3714.30 to 3714.40 of the	616
Revised Code:	617

(A) "Applicant" means any person who submits an application	618
for a license for a construction and demolition debris facility.	619

(B) "Application" means the forms and documents submitted for	620
a license for a construction and demolition debris facility.	621

(C) "Business concern" means any corporation, association,	622
partnership, sole proprietorship, or other entity organized for	623
profit.	624

(D) "Debt liability" means bonds, debentures, notes,	625
mortgages, loans of any kind, secured or unsecured, and other debt	626
instruments.	627

(E) "Disclosure statement" means a written statement	628
submitted to the attorney general that contains all of the	629
information required under section 3714.32 of the Revised Code.	630

(F) "Employed in a supervisory capacity" means that an	631
individual has been delegated authority in the interest of the	632
individual's employer to exercise the individual's independent	633
judgment to perform or effectively recommend any one or more of	634
the following actions: hiring, firing, transferring, suspending,	635
laying off, recalling, promoting, discharging, assigning,	636
rewarding, disciplining, directing, or adjusting grievances of	637
employees whose duties include, but are not limited to, the	638
evaluation, identification, labeling, monitoring of the effect of,	639
or disposal of construction and demolition debris.	640

(G) "Empowered to make discretionary decisions" means that an	641
individual has been delegated authority in the interest of the	642
individual's employer to exercise the individual's independent	643
judgment in the management and disposal of construction and	644
demolition debris.	645

(H) "Equity" means any ownership interest in a business	646
concern.	647

(I) "Government entity" means a state, any agency of a state,	648
any political subdivision of a state, the United States, and any	649
agency or instrumentality of it.	650

(J) "Key employee" means an individual, other than a public	651
official or employee as defined in division (B) of section 102.01	652
of the Revised Code who is required to file a statement under	653
section 102.02 of the Revised Code, who is employed by an	654
applicant in a supervisory capacity or empowered to make	655
discretionary decisions with respect to the construction and	656
demolition debris operations of the business concern, but does not	657
include any employee who is exclusively engaged in the physical or	658
mechanical collection, transportation, or disposal of construction	659
and demolition debris. If the applicant has entered into a	660
contract with another person to operate the facility that is the	661
subject of the license application, "key employee" includes those	662
employees of the contractor who act in a supervisory capacity or	663
who are empowered to make discretionary decisions with respect to	664
the construction and demolition debris operations of the business	665
concern. An officer or director of a business concern that is	666
required to file a disclosure statement under section 3714.31 of	667
the Revised Code who meets the definition of "key employee" shall	668
be considered a key employee for the purposes of the filing and	669
disclosure requirements of sections 3714.30 to 3714.40 of the	670
Revised Code.	671

(K) "License" means the annual license required by section	672
3714.06 of the Revised Code for a construction and demolition	673
debris facility.	674

(L) "Licensee" means any person who has received a license	675
for a construction and demolition debris facility and who is	676
either the owner or operator of the facility.	677

(M) "Operator" means the person who is responsible for the	678
direct control or overall operation of a facility.	679

(N) "Owns or controls" means either of the following:

680

(1) Holding at least five per cent of the equity of a	681
publicly traded corporation or twenty-five per cent of the equity	682
of any other business concern either directly or through a holding	683
company or subsidiary;	684

(2) Possessing the ability to control the purchase or sale of	685
at least five per cent of the equity of a publicly traded	686
corporation or twenty-five per cent of the equity of any other	687
business concern either directly or through a holding company or	688
subsidiary.	689

(O) "Partner" means a person who holds a position as, or	690
similar to, a general partner as defined in section 1782.01 of the	691
Revised Code or a limited partner as defined in that section or a	692
person who shares profits and liability and has management powers	693
of a partnership, as "partnership" is defined in section 1775.05	694
of the Revised Code.	695

(P) "Publicly traded corporation" means a corporation in	696
which the shares are listed on a national securities exchange, the	697
shares are regularly quoted by one or more members of a national	698
or affiliated securities association, or the shares are held by	699
fifty or more shareholders.	700

(Q) "Relative" means a mother, father, sister, brother, aunt,	701
uncle, spouse, child, adopted child, step-child, or grandparent or	702
the parent, brother, or sister of a spouse.	703

(R) "Sole proprietorship" means a form of business, other	704
than a partnership or corporation, in which one person owns all of	705
the assets and is solely liable for all the debts of the business.	706
"Sole proprietor" includes any individual or entity that is an	707
applicant or prospective owner.	708

Sec. 3714.31. (A) Not later than one hundred eighty days	709
prior to the submission of an application to the director of	710
environmental protection or a board of health for a license for a	711
construction and demolition debris facility, the applicant shall	712
submit a disclosure statement to the attorney general. Upon	713
receipt of the disclosure statement, the attorney general shall	714
prepare an investigative report and send the report to the	715
director. The director shall review the report and may review the	716
disclosure statement. The director or a board of health shall	717
either approve or deny the license in accordance with this chapter	718
and rules adopted under it. However, if the director determines	719
that the report contains information that if submitted with a	720
license application would require a denial of the license under	721
section 3714.37 of the Revised Code, the director shall deny the	722
license. If a board of health is reviewing the application for a	723
license and the director determines that the report contains	724
information that if submitted with a license application would	725
require a denial of the license under section 3714.37 of the	726
Revised Code, the director shall notify the board of health	727
reviewing the application, and the board shall deny the license. A	728
board of health reviewing an application for a license shall not	729
deny the license because of information contained in an	730
investigative report unless the director notifies the board that	731
the board must deny the license. The director's notification to a	732
board of health is not a final action and is not appealable under	733
Chapter 3745. of the Revised Code.	734

(B)(1) Not later than one hundred eighty days prior to the	735
change of ownership of a licensed construction and demolition	736
debris facility, the prospective owner shall submit a disclosure	737
statement to the attorney general and shall submit to a board of	738
health or the director, as appropriate, an application for a	739
license. Upon receipt of the disclosure statement, the attorney	740
general shall prepare an investigative report and send the report	741
to the director. The director shall review the report and may	742
review the disclosure statement. The director shall either approve	743
or deny the change in ownership in accordance with this chapter	744
and rules adopted under it. However, if the director determines	745
that the report contains information that if submitted with a	746
license application would require a denial of the license under	747
section 3714.37 of the Revised Code, the director shall deny the	748
change in ownership.	749

If the director approves the change in ownership, a board of	750
health or the director shall issue a license to the new owner or	751
operator in accordance with this chapter and rules adopted under	752
it. Upon the issuance of a license to the new owner or operator,	753
the license issued to the former owner or operator is invalid.	754

(2) Not later than one hundred eighty days prior to the	755
change of ownership of a closed construction and demolition debris	756
facility and if a prospective owner intends to submit an	757
application for a license to operate the facility as a	758
construction and demolition debris facility, the prospective owner	759
shall submit a disclosure statement to the attorney general. Upon	760
receipt of the disclosure statement, the attorney general shall	761
prepare an investigative report and send the report to the	762
director. The director shall review the report and may review the	763
disclosure statement. The director shall either approve or deny	764
the change in ownership in accordance with this chapter and rules	765
adopted under it. However, if the director determines that the	766
report contains information that if submitted with a license	767
application would require a denial of the license under section	768
3714.37 of the Revised Code, the director shall deny the change in	769
ownership.	770

(3) If the parties to a change in ownership of a construction	771
and demolition debris facility proceed with the change prior to	772
the director's approval or denial of the change in ownership, the	773
parties shall include in all contracts or other documents	774
concerning the change language expressly making the change in	775
ownership subject to the approval of the director and expressly	776
negating the change in ownership if the director denies the change	777
in ownership under division (B)(1) or (2) of this section.	778

(4) As used in division (B) of this section, "change in	779
ownership" includes any change in names, other than those of	780
officers, directors, or key employees, that are contained in the	781
disclosure statement.	782

(C) On the anniversary date of the submission of the initial	783
disclosure statement under division (A) or (B) of this section for	784
a specific facility to the attorney general, or on another date	785
assigned by the attorney general, the person that was required to	786
file the disclosure statement annually shall submit to the	787
attorney general all information required to be included in a	788
disclosure statement that has changed or been added in the	789
immediately preceding year. If there have been no changes in or	790
additions to that information, the person shall submit to the	791
attorney general an affidavit stating that there have been no	792
changes or additions during that time period.	793

In addition to the annual submission of information, the	794
following information shall be submitted to the attorney general	795
within the periods specified:	796

(1) Not later than ninety days after the addition of a new	797
officer, director, partner, or key employee, all the information	798
that is required to be included in the disclosure statement for an	799
officer, director, partner, or key employee;	800

(2) Not later than ninety days after the addition of a new	801
business concern, all the information that is required to be	802
included in the disclosure statement for a business concern;	803

(3) Not later than ninety days after the judgment entry of a	804
new criminal conviction, all the information that is required to	805
be included in the disclosure statement regarding a conviction.	806

The failure to timely provide the information may constitute	807
the basis for the revocation or denial of a license issued under	808
this chapter and rules adopted under it. However, prior to the	809
revocation or denial of a license, the director shall notify the	810
applicant of the director's intention to do so and allow the	811
applicant to explain, not later than fourteen days after the date	812
of the notice, why the information was not provided. The director	813
shall consider an explanation received during that period before	814
determining whether to revoke or deny the license.	815

Nothing in this chapter affects the authority of the director	816
or the attorney general under sections 3714.31 to 3714.40 of the	817
Revised Code to request information from a person at any other	818
time.	819

(D) Not later than one hundred eighty days after receipt of a	820
disclosure statement under this section, the attorney general	821
shall prepare an investigative report and send the report to the	822
director. However, the attorney general or the director may extend	823
the deadline for a reasonable period for good cause. In preparing	824
the investigative report, the attorney general may request and	825
receive criminal history information from the federal bureau of	826
investigation and any other law enforcement agency or	827
organization. The attorney general may provide confidentiality	828
regarding the information received from a law enforcement agency	829
that may be imposed by that law enforcement agency as a condition	830
for providing the information to the attorney general.	831

(E) The attorney general shall develop and provide the forms	832
required under this section.	833

Sec. 3714.32. A disclosure statement shall include all of the	834
following:	835

(A) A general narrative that describes the operations of the	836
applicant in terms of tonnage or cubic yards of construction and	837
demolition debris received, number of facilities operated, and any	838
other aspect that the applicant determines will accurately	839
represent the operations of the applicant. The applicant may	840
supplement the general narrative with recent photographs,	841
statistics, reports, or other materials.	842

(B) The full name, business address and telephone number,	843
home address and telephone number, date of birth, social security	844
number, driver's license number, and any other names or aliases of	845
the applicant or, if the applicant is a business concern, of all	846
officers, directors, partners, and key employees of it and of all	847
individuals or business concerns holding more than five per cent	848
of the equity in or debt liability of that business concern or, if	849
the business concern is a publicly traded corporation, all	850
individuals or business concerns holding more than five per cent	851
of the equity in or debt liability of that business concern,	852
except that when the debt liability is held by a chartered lending	853
institution, the applicant need supply only the name and business	854
address of the lending institution;	855

(C) The full name, business address and telephone number, and	856
federal tax identification number of any business concern in which	857
the applicant holds more than five per cent of the equity interest	858
and that disposes of construction and demolition debris;	859

(D) A diagram showing the organization of the applicant's	860
business concerns;	861

(E) A list of all officers, directors, partners, and key	862
employees of the applicant, as applicable, containing a summary of	863
their credentials and their responsibilities relevant to the	864
applicant and the applicant's facilities;	865

(F) A description of the experience and credentials possessed	866
by the applicant, including any past or present licenses for the	867
disposal of construction and demolition debris, or, if the	868
applicant is a business concern, by the officers, directors,	869
partners, and key employees of it;	870

(G) For the applicant and each business concern that is	871
required to be listed in the disclosure statement, a summary of	872
the history of environmental compliance for five years prior to	873
the date of submission of the disclosure statement for each	874
facility owned or operated by the applicant and each listed	875
business concern. If the applicant or a business concern listed in	876
the disclosure statement owns or operates one or more construction	877
and demolition debris facilities in this state, the applicant or	878
the business concern listed in the disclosure statement shall	879
submit the environmental compliance history only for each facility	880
located in this state. However, if an applicant or a business	881
concern listed in the disclosure statement does not own or operate	882
or has not previously owned or operated a construction and	883
demolition debris facility in this state, but has owned or	884
operated a construction and demolition debris facility in another	885
state, the applicant or the business concern listed in the	886
disclosure statement shall submit an environmental compliance	887
history for each facility located in another state. The	888
environmental compliance summary shall include all of the	889
following for each facility:	890

(1) The name and address of the facility;

891

(2) A list of all notices of violation issued for the	892
facility during the five years prior to the date of submission of	893
the disclosure statement;	894

(3) A listing and explanation of any pending or final civil	895
prosecutions or administrative enforcement actions by government	896
agencies for the enforcement of environmental laws or rules	897
adopted under those laws against the applicant or a business	898
concern listed in the disclosure statement that result in a	899
finding or a settlement of a violation of any law or rule related	900
to the disposal of construction and demolition debris or of any	901
other environmental law or rule adopted under such a law that	902
results in the imposition of sanctions or in revocations or	903
denials of licenses issued by any state or federal authority	904
during the five years prior to the submission of the disclosure	905
statement. At a minimum, the listing shall include all of the	906
following for each action:	907

(a) The docket number or other means of identifying the	908
action;	909

(b) The agency or tribunal that issued the action;

910

(c) The current status of the action;

911

(d) The commencement date of the action;

912

(e) A description of the alleged violation that includes the	913
location and date of the alleged violation;	914

(f) For a resolved action, a summary of any sanctions, fines,	915
penalties, payment that is made or work or service that is	916
performed in lieu of a fine or penalty, corrective measures,	917
cessation or suspension of operations of a facility, revocation of	918
licenses or permits, or similar actions;	919

(g) Any explanation of the action or alleged violation that	920
the applicant may submit.	921

(H) A listing and explanation of any criminal prosecutions	922
pending against the applicant or any individuals or business	923
concerns that are required to be listed in the disclosure	924
statement. The listing shall include at a minimum all of the	925
following:	926

(1) The number of the indictment, information, or complaint;

927

(2) The date of the indictment, information, or complaint;

928

(3) A description of the crimes allegedly committed;

929

(4) The name and location of the court in which the	930
prosecution is occurring;	931

(5) The current status of the prosecution;

932

(6) Any explanation of the prosecution or alleged violations	933
that the applicant, individuals, or business concerns may submit.	934

(I) A listing and explanation of any criminal convictions	935
against the applicant and any individuals or business concerns	936
required to be listed in the disclosure statement. The listing	937
shall include at a minimum all of the following:	938

(1) The number of the indictment, information, or complaint;

939

(2) The date of the indictment, information, or complaint;

940

(3) A description of the crimes of which the applicant,	941
individual, or business concern was convicted;	942

(4) The name and location of the court in which the	943
prosecution occurred;	944

(5) A summary of any sentence or fine imposed;

945

(6) Any explanation of the prosecution that the applicant,	946
individuals, or business concerns may submit.	947

(J) Any written evidence or arguments submitted under	948
division (B) of section 3714.37 of the Revised Code that	949
demonstrates rehabilitation with regard to a conviction of a crime	950
specified in division (B) of section 3734.44 of the Revised Code;	951

(K) A description of any program that the applicant has	952
instituted at a facility to ensure compliance with the	953
environmental laws of this state or any other state.	954

Sec. 3714.33. (A) For purposes of section 3714.31 of the	955
Revised Code, an applicant shall provide any assistance or	956
information that is requested by the director of environmental	957
protection or the attorney general and shall cooperate in any	958
inquiry or investigation conducted by the director or the attorney	959
general and any hearing conducted by the director. If the director	960
or attorney general issues a formal request to answer any inquiry	961
or produce information, evidence, or testimony and an applicant,	962
officer, director, or partner of a business concern or a key	963
employee of the applicant refuses to comply with the request, the	964
director or a board of health may deny or revoke the license of	965
the applicant.	966

(B) An applicant or prospective owner who is required to	967
submit a disclosure statement under section 3714.31 of the Revised	968
Code for more than one facility located in this state may submit	969
all required disclosure statements at one time. If the applicant	970
or prospective owner is required to submit a disclosure statement	971
for two or more facilities, only one disclosure statement need be	972
submitted when the disclosure statement describes the relationship	973
of the individual or business concern to each of the facilities.	974
Submission of a disclosure statement under this division does not	975
eliminate the requirement under section 3714.34 of the Revised	976
Code to pay a disclosure statement fee or maintenance fee for each	977
facility.	978

(C) An applicant or prospective owner may submit a written	979
guidance request to the attorney general for an informal,	980
nonbinding explanation of a requirement regarding the disclosure	981
statement that is required to be submitted under section 3714.31	982
of the Revised Code. Upon the receipt of a written guidance	983
request, the attorney general may provide assistance to the	984
applicant or prospective owner concerning the request. Assistance	985
provided by the attorney general concerning a written guidance	986
request under this division is not binding on any person or	987
entity, including, but not limited to, an applicant, a prospective	988
owner, the attorney general, the director of environmental	989
protection, or a local board of health. The submission of a	990
written guidance request under this division does not alter any	991
obligation or requirement of this chapter.	992

(D)(1) When a person who is submitting information in a	993
disclosure statement believes that certain information contained	994
in the statement is confidential and excepted from disclosure	995
under section 149.43 of the Revised Code, the person shall send to	996
the attorney general a written document that contains all of the	997
following:	998

(a) An identification of the specific information in the	999
disclosure statement that the person who is submitting the	1000
information believes is confidential;	1001

(b) A request that the identified specific information be	1002
treated as confidential and excluded from disclosure;	1003

(c) An explanation that includes citations to specific	1004
statutes, rules, or cases or to similar authority in order to	1005
support the request of confidentiality of the identified specific	1006
information;	1007

(d) An amount of evidence necessary to support the request to	1008
exclude the identified specific information from disclosure as	1009
determined by the attorney general.	1010

(2) The attorney general shall keep confidential any	1011
identified specific information submitted under division (D)(1) of	1012
this section for a minimum of seven days after the date on which	1013
the attorney general determines that the information is not within	1014
the exception to disclosure under section 149.43 of the Revised	1015
Code.	1016

(E) For purposes of sections 3714.31 and 3714.32 of the	1017
Revised Code, all of the following apply:	1018

(1) The individuals who prepared information or directed that	1019
information be provided on behalf of a business concern regarding	1020
a disclosure statement shall swear or affirm to the truth and	1021
accuracy of the information.	1022

(2) Any information provided in a disclosure statement may be	1023
supplemented with a written explanation.	1024

(3) The attorney general shall comply with section 7(b) of	1025
the "Privacy Act of 1974," 88 Stat. 1897, 5 U.S.C. 552(a), as	1026
amended, concerning the disclosure of social security numbers.	1027

(F) Nothing in sections 3714.31 and 3714.32 of the Revised	1028
Code shall be construed to restrict or limit the scope of	1029
information that the attorney general may seek pursuant to the	1030
procedures established under sections 3714.31 to 3714.40 of the	1031
Revised Code.	1032

Sec. 3714.34. (A) The attorney general may charge fees that	1033
are necessary to pay the costs of administering and enforcing	1034
sections 3714.31 to 3714.40 of the Revised Code. The attorney	1035
general shall transmit the money collected under this section to	1036
the treasurer of state who shall credit the money to the	1037
construction and demolition debris background investigation fund,	1038
which is hereby created in the state treasury. Money in the fund	1039
shall be used solely to pay the attorney general's costs of	1040
administering and enforcing sections 3714.31 to 3714.40 of the	1041
Revised Code.	1042

(B) An applicant or prospective owner of a construction and	1043
demolition debris facility shall pay an initial disclosure	1044
statement fee established by the attorney general.	1045

(C) An applicant or prospective owner of a construction and	1046
demolition debris facility shall pay an annual update disclosure	1047
statement fee established by the attorney general.	1048

(D) An applicant or prospective owner of a construction and	1049
demolition debris facility who is required to pay a fee under	1050
division (B) or (C) of this section shall pay the fee to the	1051
attorney general not later than the date on which the disclosure	1052
statement is due. The payment of the fee shall be in a form that	1053
is acceptable to the attorney general.	1054

(E) The attorney general shall adopt rules in accordance with	1055
Chapter 119. of the Revised Code establishing the amount of the	1056
fees required under this section.	1057

Sec. 3714.35. (A) An individual who is required to be listed	1058
in a disclosure statement shall be fingerprinted in accordance	1059
with the procedures established by the attorney general for	1060
identification and investigation purposes.	1061

(B) Fingerprints shall be submitted only on a form prescribed	1062
by the attorney general or on any fingerprint form that is	1063
acceptable to the federal bureau of investigation.	1064

(C) Complete fingerprint forms shall be submitted with the	1065
disclosure statement to the attorney general.	1066

(D) An applicant or prospective owner shall arrange for	1067
fingerprints to be taken of all individuals who are required to be	1068
fingerprinted under this section. Fingerprints shall be taken and	1069
certified by an employee of a government entity that is approved	1070
by the attorney general to take fingerprints.	1071

Sec. 3714.36. (A) As used in this section:

1072

(1) "Documentary material" means the original or a copy of a	1073
writing, drawing, graph, chart, photograph, phonorecord, or other	1074
data compilation from which intelligence, relevant to any	1075
investigation conducted to determine if a person is or has been	1076
engaged in a violation of this chapter or rules adopted under it,	1077
may be perceived with or without the use of detection devices.	1078

(2) "Investigative demand" means the written request of the	1079
attorney general to require an individual or business concern to	1080
produce documentary material for inspection, copying, or	1081
reproduction, to answer written interrogatories under oath, to	1082
appear before the attorney general and testify under oath, or to	1083
do a combination of any of those demands.	1084

(B) When the attorney general has reasonable cause to believe	1085
that an individual or business concern may be in possession,	1086
custody, or control of any documentary material or may have	1087
knowledge of any fact that is relevant to an investigation of an	1088
applicant under sections 3714.31 to 3714.40 of the Revised Code,	1089
the attorney general may issue in writing or cause to be served an	1090
investigative demand upon the individual or business concern or	1091
the representative or agent of the individual or business concern.	1092

(C) An investigative demand shall contain all of the	1093
following:	1094

(1) A description of the conduct that is under investigation	1095
and a statement of the provisions of law that are applicable to	1096
the investigation;	1097

(2) If the investigative demand is for the production of	1098
documentary material, all of the following:	1099

(a) A description of reasonable particularity of the	1100
documentary material to be produced;	1101

(b) A date on which the documentary material shall be	1102
assembled and made available for inspection, copying, or	1103
reproduction;	1104

(c) An identification of the representative of the attorney	1105
general to whom the documentary material shall be made available;	1106

(d) An identification of the location at which the material	1107
is to be produced.	1108

(3) If the investigative demand is for answers to written	1109
interrogatories, both of the following:	1110

(a) An identification of the representative of the attorney	1111
general to whom the answers shall be delivered;	1112

(b) A date on which the answers shall be delivered to the	1113
representative of the attorney general.	1114

(4) If the investigative demand is for oral testimony, both	1115
of the following:	1116

(a) A date, time, and location for the oral testimony;

1117

(b) An identification of the representative of the attorney	1118
general who will conduct the oral examination.	1119

(D) An investigative demand shall not contain any requirement	1120
that would be unreasonable if that requirement was contained in a	1121
subpoena or subpoena duces tecum issued by a court in the aid of a	1122
grand jury investigation. In addition, except as provided in	1123
division (G) of this section, an investigative demand shall not	1124
require answers to any written interrogatories, the giving of oral	1125
testimony, or the production of any documentary material that	1126
would be privileged from disclosure if demanded by a subpoena or	1127
subpoena duces tecum issued by a court in the aid of a grand jury	1128
investigation.	1129

(E) Service of an investigative demand may be made and is	1130
complete by either of the following:	1131

(1) Sending the investigative demand by certified mail to the	1132
individual or business concern or to the individual's residence or	1133
to the business concern's principal office or principal place of	1134
business;	1135

(2) Delivering the investigative demand to the individual or	1136
business concern or to a representative or agent of the individual	1137
or business concern.	1138

(F) Not later than twenty days after receipt of an	1139
investigative demand or at any time before the compliance date	1140
specified in the demand, whichever is earlier, the individual or	1141
business concern may file in the court of common pleas of the	1142
county in which the individual resides or in which the individual	1143
or business concern conducts business and serve the attorney	1144
general a request for an order of the court to modify or set aside	1145
the demand. However, if the individual or business concern	1146
conducts business in more than one county, the request shall be	1147
filed either in the county in which the individual or business	1148
concern maintains the principal place of business or in the county	1149
that may be agreed on between the individual or business concern	1150
and the attorney general.	1151

(G)(1) When an individual who is served with an investigative	1152
demand refuses to produce documentary material, to provide oral	1153
testimony, or to answer written interrogatories on the basis of	1154
the individual's privilege against self-incrimination, the	1155
attorney general may file a written request with a court of common	1156
pleas to compel compliance with the investigative demand. Unless	1157
the court finds that to compel compliance with the investigative	1158
demand would not further the administration of justice, the court	1159
shall compel the individual to comply with the investigative	1160
demand when all of the following apply:	1161

(a) The attorney general makes a written request to the court	1162
of common pleas to compel compliance with the investigative demand	1163
in spite of a claim of privilege.	1164

(b) The written request to compel compliance is filed with	1165
the court of common pleas of the county in which the individual is	1166
found or where the individual conducts business, except that if	1167
the individual conducts business in more than one county, the	1168
request is filed in the county in which the individual maintains a	1169
principal place of business.	1170

(c) The court of common pleas informs the individual that by	1171
complying with the investigative demand the individual will	1172
receive immunity under division (G)(2) of this section.	1173

(2) If, but for division (G)(1) of this section, the	1174
individual would have been privileged to withhold any documentary	1175
material, answers to interrogatories, or oral testimony and the	1176
individual complies with a court order under division (G)(1) of	1177
this section compelling the individual to provide documentary	1178
material, answer interrogatories, or provide testimony, the	1179
documentary material, answers to interrogatories, or oral	1180
testimony or any evidence derived from them shall not be used	1181
against the individual in the prosecution of a crime or offense	1182
concerning the documentary material, answers to interrogatories,	1183
or oral testimony provided when the documentary material, answers	1184
to interrogatories, or oral testimony is responsive to the	1185
questions propounded. However, an individual who is granted	1186
immunity under this division may be subject to criminal	1187
prosecution for a violation of section 2921.11, 2921.12, or	1188
2921.13 of the Revised Code or for contempt committed in providing	1189
documentary material, answers to interrogatories, or oral	1190
testimony when complying with the court order under division	1191
(G)(1) of this section.	1192

(H) The attorney general is responsible for the custody, use,	1193
and preservation of the documentary material that is obtained	1194
pursuant to an investigative demand and for the return of the	1195
documentary material as provided under this section. The attorney	1196
general shall compile all documentary material, answers to	1197
interrogatories, and transcripts of oral testimony that are	1198
obtained pursuant to an investigative demand in a reasonable	1199
manner.	1200

The documentary material, answers to interrogatories, and	1201
transcripts of oral testimony are confidential and not subject to	1202
disclosure. Unless otherwise ordered by a court of common pleas,	1203
the documentary material, answers to interrogatories, and	1204
transcripts of oral testimony shall not be available for	1205
examination or copying by an individual other than an authorized	1206
representative of the attorney general without the written consent	1207
of the individual or business concern that provided them. However,	1208
the documentary material, answers to interrogatories, and	1209
transcripts of oral testimony may be used in a grand jury	1210
investigation, a case, or another official proceeding that	1211
involves the issuance of a license under this chapter or that	1212
involves an alleged violation of this chapter or rules adopted	1213
under it. Materials and information compiled under this section	1214
are discoverable only to the extent authorized by the rules of the	1215
administrative or judicial tribunal in which a proceeding under	1216
this chapter is proceeding.	1217

(I) Not later than twenty-four months after the date on which	1218
the documentary material was made available to the attorney	1219
general pursuant to an investigative demand or when copies of	1220
documentary material obtained pursuant to an investigative demand	1221
are no longer required for the investigation or pending proceeding	1222
for which it was obtained, all copies of documentary material	1223
shall be returned to the individual or business concern that	1224
provided it unless a request to extend the twenty-four-month	1225
period has been filed in the court of common pleas in which a	1226
request for an order compelling compliance under division (G) of	1227
this section may be filed. This division does not apply to	1228
documentary materials that are under the control of a court or	1229
grand jury.	1230

(J) A public employee shall provide to the attorney general	1231
all information and assistance that are requested by the attorney	1232
general when the information and assistance are within the	1233
employee's possession or power. The attorney general shall provide	1234
the same degree of confidentiality for any information obtained	1235
under this division as the public employee from whom the	1236
information was received is required to provide by law with	1237
respect to the information.	1238

(K) No individual or business concern with the intent to	1239
avoid, evade, prevent, or obstruct compliance in whole or in part	1240
with an investigative demand made under this section shall remove,	1241
conceal, withhold, destroy, mutilate, alter, or by any other means	1242
falsify any documentary material that is the subject of an	1243
investigative demand served on an individual or business concern.	1244
If a court finds that an individual or business concern does not	1245
comply with an investigative demand and the noncompliance was in	1246
bad faith or for the purpose of delay, the court may order the	1247
individual or business concern to pay to the attorney general the	1248
reasonable expenses, including attorney's fees, incurred in	1249
defending the investigative demand. In addition, the court may	1250
invoke the sanctions provided by Civil Rule 37.	1251

(L) Nothing in this section prohibits the attorney general	1252
from filing a complaint that alleges a violation of this chapter	1253
or rules adopted under it that is not described in an	1254
investigative demand or from using any of the evidence obtained	1255
under this section or otherwise for purposes of the complaint. In	1256
addition, nothing in this section prohibits the attorney general	1257
from doing any of the following:	1258

(1) Presenting evidence obtained under this section or	1259
otherwise to a grand jury impaneled for purposes of an alleged	1260
violation of this chapter or rules adopted under it;	1261

(2) Requesting a court to compel the production of evidence	1262
to present to a grand jury impaneled for purposes of an alleged	1263
violation of this chapter or rules adopted under it;	1264

(3) Initiating a proceeding for the enforcement of a court	1265
order to compel the production of evidence for purposes of an	1266
alleged violation of this chapter or rules adopted under it;	1267

(4) Punishing a person for failure to comply with a court	1268
order to compel the production of evidence for purposes of an	1269
alleged violation of this chapter or rules adopted under it.	1270

(M) Except as provided in this section, no employee of the	1271
office of the attorney general purposefully shall make available	1272
documentary material, answers to interrogatories, or transcripts	1273
of oral testimony that are obtained under an investigative demand	1274
for copying or examination.	1275

(N) The court of common pleas in which the attorney general	1276
files a request to enforce an investigative demand under this	1277
section has jurisdiction to hear the matter presented. If the	1278
attorney general demonstrates to the court in a proceeding	1279
initiated under this section that the information sought is	1280
relevant to an investigation authorized under this section, the	1281
court shall order the individual or business concern to provide	1282
the information requested by the attorney general.	1283

(O) If an individual or business concern neither resides nor	1284
transacts business in this state, a judicial proceeding to	1285
challenge or enforce an investigative demand under this section	1286
shall be initiated in the court of common pleas of Franklin	1287
county.	1288

Sec. 3714.37. (A) Except as provided in division (B) of this	1289
section, no license shall be issued or renewed under this chapter	1290
by the director of environmental protection or a board of health:	1291

(1) Unless the director or a board finds that the applicant,	1292
in a prior performance record for the disposal of construction and	1293
demolition debris, has exhibited sufficient reliability,	1294
expertise, and competency to operate the construction and	1295
demolition debris facility given the potential for harm to human	1296
health and the environment that could result from the	1297
irresponsible operation of the facility or, if no prior record	1298
exists, that the applicant is likely to exhibit that reliability,	1299
expertise, and competence;	1300

(2) Except as provided in division (B) of this section, if an	1301
individual or business concern that is required to be listed in	1302
the disclosure statement or is shown to have a beneficial interest	1303
in the business of the applicant, other than an equity interest or	1304
debt liability, by the investigation of the business of the	1305
applicant has been convicted of a crime specified in division (B)	1306
of section 3734.44 of the Revised Code or a violation of an	1307
equivalent law of another jurisdiction;	1308

(3) Unless the director or a board of health finds that the	1309
applicant has a history of compliance with environmental laws in	1310
this state and other jurisdictions and is currently in substantial	1311
compliance with, or on a legally enforceable schedule that will	1312
result in compliance with, environmental laws in this state and	1313
other jurisdictions;	1314

(4) With respect to the approval of a license, if the	1315
director determines that current prosecutions or pending charges	1316
in any jurisdiction for a crime specified in division (B) of	1317
section 3734.44 of the Revised Code against an individual or	1318
business concern required to be listed in the disclosure statement	1319
or shown by the investigation to have a beneficial interest in the	1320
business of the applicant, other than an equity interest or debt	1321
liability, are of such magnitude that they prevent the finding	1322
required under division (A)(1) of this section, provided that at	1323
the request of the applicant or the individual or business concern	1324
charged, the director or the board shall defer decision on the	1325
application during the pendency of the charge.	1326

(B) No applicant shall be denied issuance or renewal of a	1327
license on the basis of conviction of an individual or business	1328
concern that is required to be listed in the disclosure statement	1329
or shown to have a beneficial interest in the business of the	1330
applicant, other than an equity interest or debt liability, by the	1331
investigation of the business of the applicant for a crime	1332
specified in division (B) of section 3734.44 of the Revised Code	1333
if that applicant has affirmatively demonstrated rehabilitation of	1334
the individual or business concern by a preponderance of the	1335
evidence. If the individual was convicted of an offense that is a	1336
felony, a license shall be denied unless five years have elapsed	1337
since the individual was fully discharged from imprisonment and	1338
parole for the offense or from a post-release control sanction	1339
imposed under section 2967.28 of the Revised Code for the offense.	1340
In determining whether an applicant has affirmatively demonstrated	1341
rehabilitation, the director or a board of health shall request a	1342
recommendation on the matter from the attorney general and shall	1343
consider and base the determination on the following factors:	1344

(1) The nature and responsibilities of the position that a	1345
convicted individual would hold;	1346

(2) The nature and seriousness of the offense;

1347

(3) The circumstances under which the offense occurred;

1348

(4) The date of the offense;

1349

(5) The age of the individual when the offense was committed;

1350

(6) If the offense was an isolated or repeated incident;

1351

(7) Any social conditions that may have contributed to the	1352
offense;	1353

(8) Any evidence of rehabilitation, including good conduct in	1354
prison or in the community, counseling or psychiatric treatment	1355
received, acquisition of additional academic or vocational	1356
schooling, successful participation in correctional work release	1357
programs, or the recommendation of persons who have or have had	1358
the applicant under their supervision.	1359

Additionally, if an applicant is a business concern,	1360
rehabilitation shall be established when the applicant has	1361
implemented formal management controls to minimize and prevent the	1362
occurrence of violations and activities that will or may result in	1363
license denial or revocation or when the applicant has formalized	1364
those controls as a result of denial or revocation of a license.	1365
Those controls may include, but are not limited to, instituting	1366
environmental auditing programs to help ensure the adequacy of	1367
internal systems to achieve, maintain, and monitor compliance with	1368
applicable environmental laws and standards or instituting an	1369
antitrust compliance auditing program to help ensure full	1370
compliance with applicable antitrust laws. The business concern	1371
shall prove by a preponderance of the evidence that the management	1372
controls are effective in preventing the violations that are the	1373
subject of concern.	1374

Sec. 3714.38. In addition to other causes for revocation of a	1375
license under this chapter, the director of environmental	1376
protection or a board of health may revoke a license for any of	1377
the following causes:	1378

(A) Any cause that would require disqualification under	1379
division (A)(1), (2), (3), or (4) of section 3714.37 of the	1380
Revised Code from receiving a license upon original application;	1381

(B) Fraud, deceit, or misrepresentation in obtaining the	1382
license or in the conduct of the licensed activity;	1383

(C) Offering, conferring, or agreeing to confer any benefit	1384
to induce another individual or business concern to violate this	1385
chapter, any rule adopted under it, or any other law relating to	1386
the disposal of construction and demolition debris;	1387

(D) Coercion of a customer by violence or economic reprisal	1388
or the threat of coercion by violence or economic reprisal to	1389
utilize the services of the licensee;	1390

(E) Preventing, without authorization of the director or a	1391
board of health, an individual or business concern from disposing	1392
of construction and demolition debris at a licensed facility other	1393
than a facility that is owned or operated by the applicant.	1394

Sec. 3714.39. Notwithstanding the disqualification of an	1395
applicant pursuant to this chapter, the director of environmental	1396
protection or a board of health may issue or renew a license if	1397
the applicant severs the interest of or affiliation with the	1398
individual or business concern that would otherwise cause that	1399
disqualification or may issue or renew a license on a temporary	1400
basis for a period not to exceed six months if the director or the	1401
board of health determines that the issuance or renewal of the	1402
license is necessitated by the public interest.	1403

Sec. 3714.40. (A) The attorney general may waive any of the	1404
requirements established in sections 3714.31 to 3714.40 of the	1405
Revised Code that are conditions for the issuance, renewal, or	1406
revocation of a license when the applicant demonstrates, to the	1407
satisfaction of the attorney general, both of the following:	1408

(1) Compliance with a requirement will create a substantial	1409
hardship.	1410

(2) Compliance with a requirement will not likely elicit	1411
information that is responsive to the requirement.	1412

If the attorney general waives a requirement under division	1413
(A) of this section, the attorney general shall send to the	1414
director of environmental protection or a board of health,	1415
whichever is applicable, a written notification that describes	1416
every requirement that is waived and that includes the name and	1417
address of the applicant.	1418

(B) The attorney general may waive in whole or in part a fee	1419
established under section 3714.34 of the Revised Code when the	1420
applicant demonstrates that the payment of the fee either would	1421
create a substantial hardship to the applicant or would create an	1422
unjustifiable burden on the applicant.	1423

Section 2. That existing sections 3714.01, 3714.02, 3714.03,	1424
3714.04, 3714.05, 3714.06, 3714.08, and 3714.09 and section	1425
3714.021 of the Revised Code are hereby repealed.	1426