To amend sections 3714.01, 3714.02, 3714.03, 3714.04, 3714.05, 3714.06, 3714.08, and 3714.09, to enact sections 3714.051, 3714.101, and 3714.30 to 3714.40, and to repeal section 3714.021 of the Revised Code to revise the siting criteria for a construction and demolition debris facility, to establish an application fee for an initial construction and demolition debris facility license, to require monthly inspections of construction and demolition debris facilities, to require background checks for the operation of such a facility, to require post-closure bonding for certain construction and demolition debris facilities, and to make other changes in the Construction and Demolition Debris Law.

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

Sec. 3714.01.  As used in this chapter:

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

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

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

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

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

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

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

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

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) 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) Standards for control over access to facilities;

(C) 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) 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) 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;. The rules shall require annual sampling and laboratory analysis of ground water and leachate samples and testing for the presence of organic compounds and heavy metals that the director determines to be necessary and any other factor that the director determines to be necessary.

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

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

(H) Financial assurance requirements for the closure and post-closure care 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 and post-closure care 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. The rules establishing financial assurance requirements for the post-closure care of facilities do not apply for twenty-four months after the effective date of this amendment to a facility for which a license was issued on or before the effective date of this amendment.

(I) 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.

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

(B) 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 the limits of construction and demolition debris placement of the facility is are proposed to be located in either any of the following locations:

(A)(1) Within the boundaries of the a 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 (B)(1) of this section in accordance with section 3714.04 of the Revised Code. With respect to watercourses or portions thereof for which If no such maps have been prepared, the boundaries of the a 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)(2) 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;

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 3714.04.  The director of environmental protection or the board of health having territorial jurisdiction may by order exempt any person disposing of or proposing to dispose of construction and demolition debris in such quantities or under such circumstances that, in the determination of the director or board of health, are unlikely to adversely affect the public health or safety or the environment, or to create a fire hazard, from any provision of this chapter or a rule adopted or order issued under it, other than division (B)(2) of section 3714.03 or division (E) of section 3714.13 of the Revised Code. Neither the director nor any board of health shall grant an exemption under this section from division (A) (B)(1) of section 3714.03 of the Revised Code if the director or board finds from the license application that the establishment of a new construction or demolition debris facility in the one-hundred-year flood plain of a watercourse would result in an increase of more than one foot in the elevation of the flood stage of the watercourse upstream or downstream from the proposed facility. The applicant for a license shall determine the increase in the flood stage resulting from the location of the proposed facility within the one-hundred-year flood plain of a watercourse 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.

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

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

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.

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

(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) Upon issuance of a license under this section, the a 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. 3714.061. The fee for an application for an initial construction and demolition debris facility installation and operation license issued under section 3714.06 of the Revised Code is five thousand dollars. The fee shall accompany the application for the initial license submitted under that section and is nonrefundable.

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

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

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

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

(D) If the entry authorized by division (C) of this section is refused or if the inspection or investigation so authorized is refused, hindered, or thwarted by intimidation or otherwise and if the director, the board of health, or authorized representative of either applies for and obtains a search warrant under division (C) of this section to conduct the inspection or investigation, the owner or operator of the premises where entry was refused or inspection or investigation was refused, hindered, or thwarted is liable to the director or board of health for the reasonable costs incurred by either for the regular salaries and fringe benefit costs of personnel assigned to conduct the inspection or investigation from the time the entry, inspection, or investigation was refused, hindered, or thwarted until the search warrant is executed; for the salary, fringe benefits, and travel expenses of the attorney general, prosecuting attorney of the county, or city director of law, or an authorized assistant, incurred in obtaining the search warrant; and for expenses necessarily incurred for the assistance of local law enforcement officers in executing the search warrant. In the application for a search warrant, the director or board of health may request and the court, in its order granting the search warrant, may order the owner or operator of the premises to reimburse the director or board of health for such of those costs as the court finds reasonable. From moneys recovered under this division, the director shall reimburse the attorney general for the costs incurred by him the attorney general or his the attorney general's authorized assistant in connection with proceedings for obtaining the search warrant, shall reimburse the political subdivision in which the premises is located for the assistance of its law enforcement officers in executing the search warrant, and shall deposit the remainder to the credit of the construction and demolition debris facility oversight fund created in section 3714.07 of the Revised Code. From moneys recovered under this division, the board of health shall reimburse the prosecuting attorney of the county or the city director of law for the costs incurred by him the prosecuting attorney or the city director of law or his the authorized assistant of the prosecuting attorney or the city director of law in connection with proceedings for obtaining the search warrant, shall reimburse the political subdivision in which the premises is located for the assistance of its law enforcement officers in executing the search warrant, and shall deposit the remainder of any such moneys to the credit of the special fund of the health district created in section 3714.07 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 3714.31. (A) Not later than one hundred eighty days prior to the submission of an application to the director of environmental protection or a board of health for a license for a construction and demolition debris facility, the applicant shall submit a disclosure statement to the attorney general. Upon receipt of the disclosure statement, the attorney general shall prepare an investigative report and send the report to the director. The director shall review the report and may review the disclosure statement. The director or a board of health shall either approve or deny the license in accordance with this chapter and rules adopted under it. However, if the director determines that the report contains information that if submitted with a license application would require a denial of the license under section 3714.37 of the Revised Code, the director shall deny the license. If a board of health is reviewing the application for a license and the director determines that the report contains information that if submitted with a license application would require a denial of the license under section 3714.37 of the Revised Code, the director shall notify the board of health reviewing the application, and the board shall deny the license. A board of health reviewing an application for a license shall not deny the license because of information contained in an investigative report unless the director notifies the board that the board must deny the license. The director's notification to a board of health is not a final action and is not appealable under Chapter 3745. of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(G) For the applicant and each business concern that is required to be listed in the disclosure statement, a summary of the history of environmental compliance for five years prior to the date of submission of the disclosure statement for each facility owned or operated by the applicant and each listed business concern. If the applicant or a business concern listed in the disclosure statement owns or operates one or more construction and demolition debris facilities in this state, the applicant or the business concern listed in the disclosure statement shall submit the environmental compliance history only for each facility located in this state. However, if an applicant or a business concern listed in the disclosure statement does not own or operate or has not previously owned or operated a construction and demolition debris facility in this state, but has owned or operated a construction and demolition debris facility in another state, the applicant or the business concern listed in the disclosure statement shall submit an environmental compliance history for each facility located in another state. The environmental compliance summary shall include all of the following for each facility:

(1) The name and address of the facility;

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

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

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

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

(c) The current status of the action;

(d) The commencement date of the action;

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

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

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

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

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

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

(3) A description of the crimes allegedly committed;

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

(5) The current status of the prosecution;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) The nature and seriousness of the offense;

(3) The circumstances under which the offense occurred;

(4) The date of the offense;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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