To amend sections 3714.02, 3714.03, 3714.06, and 3714.13 of the Revised Code to require the Director of Environmental Protection to adopt rules establishing siting requirements applicable to construction and demolition debris facilities that are at least as stringent as siting criteria applicable to solid waste facilities.

Section 1.  That sections 3714.02, 3714.03, 3714.06, and 3714.13 of the Revised Code be amended to read as follows:

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

(A) Siting requirements governing facilities in addition to the requirements established in divisions (A) and (B) of section 3714.03 of the Revised Code. The additional siting requirements shall be as stringent as and of a similar nature to siting requirements applicable to solid waste facilities that are established in rules adopted under Chapter 3734. of the Revised Code.

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

(B)(C) Standards for control over access to facilities;

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

(D)(E) Criteria and procedures for granting authorization to the owner or operator of a facility to dispose of asbestos or asbestos-containing materials or products at his the owner's or operator's facility;

(E)(F) Requirements for the installation of ground water monitoring wells and the monitoring of ground water quality at any facility where the operation of the facility threatens to contaminate ground water;

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

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

(H)(I) Financial assurance requirements for the closure of facilities. The rules shall require that the owner or operator of a facility, before being issued a license for the facility under section 3714.06 of the Revised Code, submit a surety bond, a letter of credit, or other acceptable financial assurance, as specified by the director in the rules, in an amount equal to the estimated costs for closure of those portions of the facility that have been, are being, or are to be used for the disposal of construction and demolition debris as contained in the closure plan for the facility approved by the board of health of the health district in which the facility is or is to be located or, if the facility is or is to be located in a health district that is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, by the director.

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

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

The rules adopted under division (A) of this section shall not apply to a facility for which a license has been issued prior to the effective date of this amendment. However, the rules shall apply to any modification of such a facility for which a license is required and applied for under this chapter on or after the effective date of this amendment.

Sec. 3714.03.  Neither the director of environmental protection nor any board of health shall issue a license under section 3714.06 of the Revised Code to establish and operate a new construction and demolition debris facility when any portion of the facility is proposed to be located in a location that does not comply with the siting requirements established in rules adopted under division (A) of section 3714.02 of the Revised Code or in either of the following locations:

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

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

Sec. 3714.06.  (A) No person shall establish, modify, operate, or maintain a construction and demolition debris facility without a construction and demolition debris facility installation and operation license issued by the board of health of the health district in which the facility is or is to be located or, if the facility is or is to be located in a health district that is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, from the director of environmental protection. Each person proposing to open a new construction and demolition debris facility or to modify an existing facility shall, at least ninety days before proposed operation of the facility, submit an application for a license with accompanying plans, specifications, and information regarding the facility and its method of operation to the board of health of the health district in which the facility is located or proposed for approval as complying with the rules adopted under section 3714.02 of the Revised Code and the standards set forth in divisions (A) and (B) of section 3714.03 of the Revised Code or, if the health district in which the facility is located or proposed to be located is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, to the director for approval as complying with those rules and standards. If the board of health or the director, as appropriate, finds that the proposed facility or modification complies with those rules and standards, the board or director shall issue a license for the facility. Any such license may be issued with such terms and conditions as the board or the director, as appropriate, finds necessary to ensure that the facility will comply with this chapter and the rules adopted under it and to protect the public health and safety and the environment. Licenses issued under this section expire annually on the thirty-first day of December.

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

(C) The owner or operator of a construction and demolition debris facility that is in operation or under construction on the effective date of this section shall, within six months after the effective date of the rules adopted under section 3714.02 of the Revised Code, submit to the board of the health district in which the facility is located or under construction an application for a construction and demolition debris facility installation and operation license and accompanying plans, specifications, and information regarding the facility and its method of operation. If the health district in which such an existing facility is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, the owner or operator of the facility shall submit the application for a license and accompanying plans, specifications, and information regarding the facility and its method of operation to the director within that time. The board or the director, as appropriate, shall issue a license for such an existing facility within ninety days after receiving a complete application therefor and accompanying plans, specifications, and information if the board or the director finds that the facility complies with the rules adopted under section 3714.02 of the Revised Code. When issuing a license under this division for an existing facility or a license to expand any existing facility that was initially licensed under this division onto contiguous land owned by the owner or operator of the existing facility on the date on which the application for a license for the facility was submitted under this division, neither the board nor the director shall consider whether the existing facility complies with the standards set forth in divisions (A) and (B) of section 3714.03 of the Revised Code.

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

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

Sec. 3714.13.  (A) No person shall violate any section of this chapter.

(B) No person shall violate a rule adopted under this chapter.

(C) No person shall violate an order issued under this chapter. Violation of an order issued by a board of health under this chapter is not also a violation of section 3709.20 or 3709.21 of the Revised Code, whichever is applicable.

(D) No person who holds a license issued under this chapter shall violate any of the terms or conditions of the license.

(E) No owner or operator of a construction or demolition debris facility shall dispose of asbestos or asbestos-containing materials or products at the facility unless he the owner or operator is specifically authorized to do so by the board of health of the health district in which the facility is located, or by the director, pursuant to rules adopted under division (D)(E) of section 3714.02 of the Revised Code.

(F) No person shall knowingly place or cause to be placed any reinforced or nonreinforced concrete, asphalt, clay tile, building or paving brick, or building or paving stone resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade artificial physical structure as fill material on or in any land owned, leased, or controlled by the person, other than on the site where the materials were so generated or removed, without providing written notice to the board of health of the health district in which the land is located or, if the health district is not on the approved list under division (A) or (B)(1) or (2) of section 3714.09 of the Revised Code, to the director of environmental protection at least seven days prior to the first placement of any such materials as fill material at the off-site location.

Section 2.  That existing sections 3714.02, 3714.03, 3714.06, and 3714.13 of the Revised Code are hereby repealed.

Section 3. The Director of Environmental Protection shall adopt rules establishing siting criteria applicable to construction and demolition debris facilities as required by division (A) of section 3714.02 of the Revised Code, as amended by this act, not later than ninety days after the effective date of this act.