SB 147 — Revise solid waste and construction and demolition debris laws

(C) A majorityboard of thecounty commissioners of a county district or board of directors constitutesof a 58joint quorum,district may acquire, by purchase or lease, construct, improve, enlarge, replace, maintain, and aoperate majoritysuch votesolid iswaste requiredcollection systems within their respective districts and such solid waste facilities within or outside their respective districts as are necessary for the boardprotection toof act.the public health.

59 A countyboard participatingof incounty acommissioners jointmay districtacquire maywithin contributeits 60county landsreal property or rightsany estate, interest, or interestsright therein, money,by otherappropriation personalor 61any propertyother ormethod, rightsfor oruse interestsby therein,a county or servicesjoint todistrict thein 62connection district.with such facilities.

TheAppropriation agreementproceedings shall specifybe anyconducted contributions of 63 participating counties and the rights of the participating 64 counties in landsaccordance orwith personalsections property,163.01 or rights or interests 65 therein, contributed to or163.22 otherwiseof acquired by the jointRevised 66Code. district.

(D) The agreementsanitary mayengineer beor amendedsanitary orengineering addeddepartment toof bya county maintaining a majoritydistrict 67and voteany sanitary engineer or sanitary engineering department of a county in a joint district, as determined by the board of directors, butin noaddition amendmentto orother additionduties 68assigned shallto divestthat aengineer participatingor countydepartment, shall assist the board of anycounty rightcommissioners or interestdirectors in 69the landsperformance orof personaltheir propertyduties withoutunder itsthis consent.chapter and sections 3734.52 to 3734.575 of the Revised Code and shall be charged with any other duties and services in relation thereto that the board prescribes.

70A The board of directors may appointemploy andregistered fixprofessional theengineers 71to compensationassist ofthe employeessanitary of,engineer acceptin gifts,those devises,duties and 72also bequestsmay for,employ financial advisers and takeany other actionsprofessional services it considers necessary to controlassist it in the construction, financing, and 73maintenance manageof thesolid jointwaste district.collection or other solid waste facilities.

EmployeesSuch contracts of theemployment district shall benot 74require consideredthe countycertificate employeesprovided forin thesection purposes5705.41 of Chapterthe 124.Revised Code.

ofPayment 75for such services may be made from the Revisedgeneral Codefund andor any other provisionsfund legally available for that use at times that are agreed upon or as determined by the board of statecounty lawcommissioners applicableor directors, and the funds may be reimbursed from the proceeds of bonds or notes issued to 76pay employees.the cost of any improvement to which the services related.

Instead(E)(1) The prosecuting attorney of orthe incounty additionshall toserve appointingas employeesthe legal advisor of 77a thecounty district,district and shall provide such services to the board of directorscounty maycommissioners agreeof tothe usedistrict employeesas 78are ofrequired one or moreauthorized ofto thebe participatingprovided countiesto inother thecounty serviceboards ofunder 79Chapter Am.309.

of the Revised Code, except that, if the board considers it to be necessary or appropriate, the board, on its own initiative, may employ an attorney or other legal counsel on an annual basis to serve as the legal advisor of the district in place of the prosecuting attorney.

When the prosecuting attorney is serving as the district's legal advisor and the board considers it to be necessary or appropriate, the board, on its own initiative, may employ an attorney or other legal counsel to represent or advise the board regarding a particular matter in place of the prosecuting attorney.

The employment of an attorney or other legal counsel on an annual basis or in a particular matter is not subject to or governed by sections 305.14 and 309.09 of the Revised Code.

Notwithstanding the employment of an attorney or other legal counsel on an annual basis to serve as the district's legal advisor, the board may require written opinions or instructions from the prosecuting attorney under section 309.09 of the Revised Code in matters connected with its official Sub.

147 Page136th 4G.A. As Passed by the Senate the joint district and to share in their compensation in any 80 manner that may be agreed upon.

81duties Theas boardthough ofthe directorsprosecuting shallattorney dowere oneserving as the legal advisor of the following:district.

82(2) (1)The Designateboard theof countydirectors auditor, including any other 83 official acting in a capacity similar to a county auditor under 84 a county charter, of a county participating in the joint 85 district asmay designate the fiscalprosecuting officerattorney of theone district,of and the countycounties 86forming treasurer,the ordistrict other official acting in a capacity similar to aserve 87 county treasurer under a county charter, of that county as the 88legal treasureradvisor of the district.

TheWhen designatedso countydesignated, officialsthe shallprosecuting 89attorney performshall anyprovide applicablesuch dutiesservices forto the joint district as eachare typicallyrequired 90or performsauthorized forto the county of which the individual is an official, 91 except as otherwise may be provided into anycounty bylawsboards orunder resolutionsChapter 92309. adopted by the board of directors.

The board of directors may 93 pay to that county any amount agreed upon by the boardRevised ofCode. 94 directors and the board of county commissioners of that county 95 to reimburse that county for the cost properly allocable to the 96 service of its officials as fiscal officer and treasurer of the 97 joint district.

98The (2)board Appointof onedirectors individualmay whopay isto neitherthat a county auditorany 99amount noragreed aupon countyby treasurer,the andboard whoof maydirectors beand anthe employeeboard of thecounty 100commissioners district,of that county to servereimburse asthat bothcounty for the treasurercost ofproperly allocable to the districtservices andof its 101prosecuting fiscalattorney officer.as the legal advisor of the joint district.

ThatWhen individualthat shallprosecuting actattorney asis custodianso ofserving and the 102board fundsconsiders ofit to be necessary or appropriate, the boardboard, andon its own initiative, may employ an attorney or other legal counsel to represent or advise the districtboard andregarding shalla maintainparticular allmatter 103in accountsplace of the district.prosecuting attorney.

AnyInstead referenceof indesignating thisthe chapterprosecuting attorney of one of the counties forming the district to be the legal advisor of the district, the board of directors may employ on an annual basis an attorney or 104other Chapterlegal 3734.counsel to serve as the district's legal advisor.

ofNotwithstanding the Revisedemployment Codeof toan aattorney countyor auditorother orlegal countycounsel 105as treasurerthe servingdistrict's aslegal fiscaladvisor, officerthe board of adirectors districtmay require written opinions or custodianinstructions 106from the prosecuting attorney of any funds of athe boardcounties orforming the district isin deemedmatters toconnected referwith the board's official duties, and the prosecuting attorney shall provide the written opinion or instructions as though the prosecuting attorney had been designated to anserve 107as individualthe appointeddistrict's legal advisor under division (B)(2)(E)(2) of this section.

108(F) TheA fiscalboard officerof county commissioners may issue bonds or bond anticipation notes of athe districtcounty shallto establishpay athe cost of preparing general 109and Am.detailed plans and other data required for the construction of solid waste facilities in connection with a county or joint district.

A board of directors of a joint solid waste management district may issue bonds or bond anticipation notes of the joint solid waste management district to pay the cost of preparing general and detailed plans and other data required for the construction of solid waste facilities in connection with a joint district.

The bonds and notes shall be issued in accordance with Chapter 133.

of the Revised Code, except that the maximum maturity of bonds issued for that purpose shall not exceed ten years.

Bond anticipation notes may be paid from the proceeds of bonds issued either to pay the cost of the solid waste facilities or to pay the cost of the plans and other data.

(G) To the extent authorized by the solid waste management plan of the district approved under section 3734.521 or 3734.55 of the Revised Code or subsequent amended plans of the district approved under section 3734.521 or 3734.56 of the Revised Code, the board of county commissioners of a county district or board of directors of a joint district may adopt, publish, and enforce rules doing any of the following:

(1) Prohibiting or limiting the receipt of solid wastes generated outside the district or outside a service area prescribed in the solid waste management plan or amended plan, at facilities located within the solid waste management district, consistent with the projections contained in the plan or amended plan under divisions (A)(6) and (7) of section 3734.53 of the Revised Code.

However, Sub.

147 Page136th 5G.A. As Passed by the Senate fund and any other necessary funds for the district.

110rules (C)adopted Aby a board ofunder countydivision commissioners(G)(1) of athis countysection districtmay 111be oradopted boardand ofenforced directorswith ofrespect ato jointsolid waste disposal facilities in the solid waste management district maythat acquire,are not owned by 112a purchasecounty or lease,the construct,solid improve,waste enlarge,management replace,district 113only maintain,if andthe operateboard suchsubmits solidan wasteapplication collectionto systemsthe withindirector 114of theirenvironmental respectiveprotection districtsthat anddemonstrates suchthat there is insufficient capacity to dispose of all solid wastewastes facilitiesthat 115are generated within orthe outsidedistrict theirat respectivethe districtssolid aswaste aredisposal necessaryfacilities 116located forwithin the protectiondistrict ofand the publicdirector health.approves the application.

AThe boarddemonstration ofin countythe 117application commissionersshall maybe acquirebased withinon itsprojections countycontained realin propertythe orplan any 118 estate, interest, or rightamended therein,plan byof appropriationthe ordistrict. any 119 other method, for use by a county or joint district in 120 connection with such facilities.

AppropriationThe proceedingsdirector shall 121establish bethe conductedform in accordance with sections 163.01 to 163.22 of the 122application. Revised Code.

123 (D) The sanitaryapproval engineer or sanitarydisapproval engineering 124 department of asuch countyan maintainingapplication a district and any sanitary 125 engineer or sanitary engineering department of a county in a 126 joint district, as determined by the boarddirector ofis directors,an inaction 127 addition to other duties assigned to that engineeris orappealable 128 department, shall assist the board of county commissioners or 129 directors in the performance of their duties under thissection chapter3745.04 130 and sections 3734.52 to 3734.575 of the Revised CodeCode. and shall 131 be charged with any other duties and services in relation 132 thereto that the board prescribes.

AIn boardaddition, may employ registered 133 professional engineers to assist the sanitarydirector engineerof inenvironmental thoseprotection 134 duties and also may employissue financialan advisersorder andmodifying anya otherrule 135adopted professionalunder servicesdivision it(G)(1) considersof necessarythis section to assistallow itthe disposal in the 136district construction,of financing,solid andwastes maintenancefrom ofanother county or joint solid waste 137management collectiondistrict orif otherall solidof wastethe facilities.following apply:

Such(a) contractsThe ofdistrict 138in employmentwhich shallthe wastes were generated does not requirehave thesufficient certificatecapacity providedto indispose sectionof 139solid 5705.41wastes generated within it for six months following the date of the Reviseddirector's Code.order.

Payment(b) forNo suchnew servicessolid maywaste befacilities 140will Am.begin operation during those six months in the district in which the wastes were generated and, despite good faith efforts to do so, it is impossible to site new solid waste facilities within the district because of its high population density.

(c) The district in which the wastes were generated has made good faith efforts to negotiate with other districts to incorporate its disposal needs within those districts' solid waste management plans, including efforts to develop joint facilities authorized under section 343.02 of the Revised Code, and the efforts have been unsuccessful.

(d) The district in which the wastes were generated has located a facility willing to accept the district's solid wastes for disposal within the receiving district.

(e) The district in which the wastes were generated has demonstrated to the director that the conditions specified in divisions (G)(1)(a) to (d) of this section have been met.

(f) The director finds that the issuance of the order will be consistent with the state solid waste management plan and that receipt of the out-of-district wastes will not limit the capacity of the receiving district to dispose of its in-district wastes to less than eight years.

Any order issued under division (G)(1) of this section shall not become final until thirty days after it has been served upon the county or joint solid waste management district that will receive the out-of-district wastes either by certified mail or, if the director has record of an internet identifier of record associated with the district, by ordinary mail and by that internet identifier of record.

(2) Governing the maintenance, protection, and use of solid waste collection or other solid waste facilities located within its district.

The rules adopted under division (G)(2) of this section shall not establish design standards for solid waste facilities and shall be consistent with the solid waste provisions of Chapter 3734.

of the Revised Code and the rules adopted under those provisions.

The rules adopted under division (G)(2) of this section may prohibit any person, municipal corporation, township, or other political subdivision from constructing, enlarging, or modifying any Sub.

147 Page136th 6G.A. As Passed by the Senate made from the general fund or any other fund legally available 141 for that use at times that are agreed upon or as determined by 142 the board of county commissioners or directors, and the funds 143 may be reimbursed from the proceeds of bonds or notes issued to 144 pay the cost of any improvement to which the services related.

145solid (E)(1)waste Thefacility prosecutinguntil attorneygeneral ofplans theand countyspecifications shallfor serve 146 as the legalproposed advisorimprovement ofhave abeen countysubmitted districtto and shallapproved provideby such 147 services to the board of county commissioners ofor theboard districtof directors as 148complying arewith requiredthe orsolid authorizedwaste tomanagement beplan providedor toamended otherplan countyof boardsthe 149district. under Chapter 309.

The construction of such a facility shall be done under the Revisedsupervision Code,of exceptthe that,county ifsanitary engineer or, in the 150case boardof considersa itjoint todistrict, bea necessarycounty orsanitary appropriate,engineer thedesignated board,by onthe 151board itsof owndirectors, initiative,and mayany employperson, anmunicipal attorneycorporation, township, or other legalpolitical 152subdivision counselproposing onor anconstructing annualsuch basisimprovements toshall servepay asto the legalcounty advisoror ofjoint the 153 district inall placeexpenses ofincurred by the prosecutingboard attorney.in connection therewith.

WhenThe thesanitary 154engineer prosecutingmay attorneyenter isupon servingany aspublic theor district'sprivate legalproperty advisorfor 155 and the boardpurpose considersof itmaking tosurveys be necessary or appropriate,examinations thenecessary 156for board,designing onsolid itswaste ownfacilities initiative, may employ an attorney or otherfor 157supervising legalthe counselconstruction, toenlargement, representmodification, or adviseoperation the board regarding a 158 particular matter in place of theany prosecutingsuch attorney.facilities.

TheNo 159person, employmentmunicipal ofcorporation, antownship, attorney or other legalpolitical counselsubdivision onshall anforbid annual 160 basis or ininterfere awith particularthe mattersanitary isengineer not subject to or governedthe bysanitary 161engineer's sectionsauthorized 305.14assistants andentering 309.09upon ofsuch theproperty Revisedfor Code.that purpose.

162If Notwithstandingactual thedamage employmentis ofdone an attorney or other 163 legal counsel on an annual basis to serveproperty asby the district'smaking 164of legal advisor, the boardsurveys mayand requireexaminations, writtena opinionsboard orshall 165pay instructionsthe fromreasonable thevalue prosecutingof attorneythat underdamage sectionto 309.09the 166owner of the Revisedproperty Codedamaged, inand mattersthe connectedcost withshall itsbe officialincluded 167in dutiesthe asfinancing thoughof the prosecutingimprovement attorneyfor werewhich serving as the 168surveys legaland advisorexaminations ofare themade. district.

169(3) (2)Governing Thethe boarddevelopment ofand directorsimplementation of a jointprogram districtfor maythe 170inspection Am.of solid wastes generated outside the boundaries of this state that are disposed of at solid waste facilities included in the district's solid waste management plan or amended plan.

A board of county commissioners or board of directors or its authorized representative may enter upon the premises of any solid waste facility included in the district's solid waste management plan or amended plan for the purpose of conducting the inspections required or authorized by the rules adopted under division (G)(3) of this section.

No person, municipal corporation, township, or other political subdivision shall forbid or interfere with a board of county commissioners or directors or its authorized representative entering upon the premises of any such solid waste facility for that purpose.

(4) Exempting the owner or operator of any existing or proposed solid waste facility provided for in the plan or amended plan from compliance with any amendment to a township zoning resolution adopted under section 519.12 of the Revised Code or to a county rural zoning resolution adopted under section 303.12 of the Revised Code that rezoned or redistricted the parcel or parcels upon which the facility is to be constructed or modified and that became effective within two years prior to the filing of an application for a permit required under division (A)(2)(a) of section 3734.05 of the Revised Code to open a new or modify an existing solid waste facility.

(H) A board of county commissioners or board of directors may enter into a contract with any person, municipal corporation, township, or other political subdivision for the operation and maintenance of any solid waste facilities regardless of whether the facilities are owned or leased by the county or joint district or the contractor.

(I)(1) No person, municipal corporation, township, or other political subdivision shall tamper with or damage any solid waste facility constructed under this chapter or any apparatus or accessory Sub.

147 Page136th 7G.A. As Passed by the Senate designate the prosecuting attorney of one of the counties 171 forming the district to serve as the legal advisor of the 172 district.

Whenconnected sotherewith designated,or pertaining thereto, fail or refuse to comply with the prosecutingapplicable attorneyrules shalladopted 173by providea suchboard servicesof tocounty thecommissioners jointor districtdirectors asunder aredivision required(G)(1), (2), (3), or 174(4) authorizedof this section, refuse to bepermit providedan inspection or examination by a sanitary engineer as authorized under division (G) (2) of this section, or refuse to permit an inspection by a board of county boardscommissioners or directors or its authorized representative as required or authorized by rules adopted under Chapterdivision 309.(G)(3) of this section.

(2) If the board of 175county commissioners of a county district or board of directors of a joint district has established facility designations under section 343.013, 343.014, or 343.015 of the Revised Code.Code, or the director has established facility designations in the initial or amended plan of the district prepared and ordered to be implemented under section 3734.521, 3734.55, or 3734.56 of the Revised Code, no person, municipal corporation, township, or other political subdivision shall deliver, or cause the delivery of, any solid wastes generated within a county or joint district to any solid waste facility other than the facility designated under section 343.013, 343.014, or 343.015 of the Revised Code, or in the initial or amended plan of the district prepared and ordered to be implemented under section 3734.521, 3734.55, or 3734.56 of the Revised Code, as applicable, except that source separated recyclable materials may be taken to any legitimate recycling facility.

TheUpon the request of a person or the legislative authority of a municipal corporation or township, the board of county commissioners of a county district or board of directors of a joint district may paygrant toa thatwaiver countyauthorizing 176the delivery of all or any amountportion agreedof uponthe bysolid wastes generated in a municipal corporation or township to a solid waste facility other than the boardfacility designated under section 343.013, 343.014, or 343.015 of directorsthe Revised Code, or in the initial or amended plan of the district prepared and ordered to be implemented under section 3734.521, 3734.55, or 3734.56 of the boardRevised 177Code, as applicable, regardless of countywhether commissionersthe other facility is located within or outside of thatthe countydistrict, toif reimbursethe board finds that countydelivery 178of forthose solid wastes to the costother properlyfacility allocableis tonot inconsistent with the servicesprojections contained in the district's initial or amended plan under divisions (A)(6) and (7) of itssection 1793734.53 prosecutingof attorneythe Revised Code as approved or ordered to be implemented and will not adversely affect the legalimplementation advisorand financing of the jointdistrict's district.initial or amended plan pursuant to the implementation schedule contained in it under divisions (A)(12)(a) to (d) of that section.

180The When that prosecuting attorney is so serving and the board 181shall considersact it to be necessary or appropriate, the board, on itsa 182request ownfor initiative,such may employ an attorney or other legal counsel to 183 represent or advise the board regarding a particularwaiver matterwithin inninety 184days placeafter ofreceiving the prosecutingrequest. attorney.

185Upon Insteadgranting ofsuch designatinga thewaiver, prosecuting attorney of one of 186 the countiesboard formingshall thesend districtnotice to be the legal advisor of thethat 187fact district, the board of directors may employ on an annual basis 188 an attorney or other legal counsel to serve as the district'sdirector. 189 legal advisor.

NotwithstandingThe thenotice employment of an attorney or 190 other legal counsel as the district's legal advisor, the board 191 of directors may require written opinions or instructions from 192 the prosecuting attorney of any of the counties forming the 193 district in matters connected with the board's official duties, 194 and the prosecuting attorney shall provideindicate the written opinion 195 or instructions as though the prosecuting attorney had been 196 designated to servewhom as the district'swaiver legalwas advisorgranted. under 197 division (E)(2) of this section.

198Any (F)waiver Aor boardauthorization ofgranted countyby commissionersa mayboard issueon bonds or 199before bondOctober anticipation29, notes1993, ofshall continue in force until the countyboard totakes payaction concerning the costsame ofentity 200under preparingthis generaldivision andor detaileduntil plansaction andis othertaken dataunder requireddivision for(G) 201of Am.section 343.014 of the Revised Code.

(J) Divisions (G)(1) to (4) and (I)(2) of this section do not apply to the construction, operation, use, repair, enlargement, or modification of either of the following:

(1) A solid waste facility owned by a generator of solid wastes when the solid waste facility exclusively disposes of solid wastes generated at one or more premises owned by the generator Sub.

147 Page136th 8G.A. As Passed by the Senate the construction of solid waste facilities in connection with a 202 county or joint district.

Aregardless board of directorswhether of a joint solid 203 waste management district may issue bonds or bond anticipation 204 notes of the jointfacility solidis wastelocated managementon districta topremises paywhere the 205wastes costare ofgenerated; preparing general and detailed plans and other data 206 required for the construction of solid waste facilities in 207 connection with a joint district.

The(2) bondsA andfacility notesthat shallexclusively bedisposes 208of issuedwastes that are generated from the combustion of coal, or from the combustion of primarily coal in accordancecombination with Chapterscrap 133.tires, that is not combined in any way with garbage at one or more premises owned by the generator.

(K)(1) A member of the Revisedboard Code,of 209county exceptcommissioners thatof a county solid waste management district, member of the maximumboard maturityof directors of bondsa issuedjoint solid waste management district, member of the board of trustees of a regional solid waste management authority managing a county or joint solid waste management district, or officer or employee of any solid waste management district, for thatthe 210purposes purposeof sections 102.03, 102.04, 2921.41, and 2921.42 of the Revised Code, shall not exceedbe tenconsidered years.to be directly or indirectly interested in, or improperly influenced by, any of the following:

Bond(a) anticipationA notescontract mayentered 211into beunder paidthis fromchapter theor proceedssection of307.15 bondsor issuedsections either3734.52 to pay3734.575 of the costRevised 212Code ofbetween the soliddistrict wasteand facilitiesany county forming the district, municipal corporation or totownship paylocated within the costdistrict, or health district having territorial jurisdiction within the district, of which that member, officer, or employee also is an officer or employee, but only to the plansextent 213that andany otherinterest data.or influence could arise from holding public office or employment with the political subdivision or health district;

214(b) (G)A Tocontract theentered extentinto authorizedunder bythis thechapter solidor wastesection management307.15 215or plansections 3734.52 to 3734.575 of the Revised Code between the district approvedand undera sectioncounty 3734.521planning orcommission 3734.55organized 216under section 713.22 of the Revised CodeCode, or subsequentregional amendedplanning planscommission ofcreated the district 217 approved under section 3734.521713.21 or 3734.56 of the Revised Code, 218having territorial jurisdiction within the boarddistrict, of countywhich commissionersthat ofmember also is a countymember, districtofficer, or boardemployee, 219but ofonly directorsto ofthe aextent jointthat districtany mayinterest adopt,or publish,influence andcould enforcearise 220from rulesholding doingpublic anyoffice ofor employment with the following:commission;

221(c) (1)An Prohibitingexpenditure orof limitingmoney made by the receiptdistrict offor solidthe wastesbenefit 222of generatedany outsidecounty forming the districtdistrict, ormunicipal outsidecorporation aor servicetownship arealocated 223within prescribedthe indistrict, theor solidhealth wastedistrict managementor plancounty or amendedregional plan,planning 224commission athaving facilitiesterritorial locatedjurisdiction within the soliddistrict, wasteof managementwhich 225that district,member consistentalso withis thea projectionsmember, containedofficer, inor employee, but only to the planextent 226that orany amendedinterest planor underinfluence divisionscould (A)(6)arise andfrom (7)holding ofpublic sectionoffice 227or 3734.53employment ofwith the Revisedpolitical Code.subdivision, health district, or commission;

However,(d) rulesAn adoptedexpenditure of money made for the benefit of the district by aany boardcounty 228forming underthe divisiondistrict, (G)(1)municipal ofcorporation thisor sectiontownship maylocated bewithin adoptedthe anddistrict, 229or enforcedhealth withdistrict respector tocounty solidor wasteregional disposalplanning facilitiescommission inhaving theterritorial 230jurisdiction solidwithin wastethe managementdistrict, districtof which that aremember notalso ownedis by a countymember, 231officer, or employee, but only to the solidextent wastethat managementany districtinterest onlyor ifinfluence could arise from holding public office or employment with the boardpolitical submitssubdivision, 232health Am.district, or commission.

(2) A solid waste management district, county, municipal corporation, township, health district, or planning commission described or referred to in divisions (K)(1)(a) to (d) of this section shall not be construed to be the business associate of a person who is concurrently a member of the Sub.

147 Page136th 9G.A. As Passed by the Senate an application to the director of environmental protection that 233 demonstrates that there is insufficient capacity to dispose of 234 all solid wastes that are generated within the district at the 235 solid waste disposal facilities located within the district and 236 the director approves the application.

Theboard demonstrationof incounty thecommissioners, 237directors, applicationor shalltrustees, beor basedan onofficer projectionsor containedemployee, inof the plandistrict 238and an officer or amendedemployee planof that municipal corporation, county, township, health district, or planning commission for the purposes of sections 102.03, 2921.42, and 2921.43 of the district.Revised Code.

TheAny directorperson shallwho establishis 239concurrently a member of the formboard of county commissioners, directors, or trustees, or an officer or employee, of a solid waste management district so described or referred to and an officer or employee of a county, municipal corporation, township, health district, or planning commission so described or referred to may participate fully in deliberations concerning and vote on or otherwise participate in the application.approval or disapproval of any contract or expenditure of funds described in those divisions as a member of the board of county commissioners or directors, or an officer or employee, of a county or joint solid waste management district;

Themember approvalof orthe disapprovalboard of suchtrustees, 240or an applicationofficer byor theemployee, directorof isa anregional actionsolid thatwaste ismanagement appealableauthority 241managing undera sectioncounty 3745.04or ofjoint thesolid Revisedwaste Code.management district;

242member Inof addition, the directorlegislative ofauthority, environmentalor protection may 243 issue an orderofficer modifyingor aemployee, rule adopted under division (G)(1) of 244a this section to allow the disposal in the district of solid 245 wastes from another county orforming joint solid waste management 246 district if all of the followingdistrict; apply:

247member (a)of The district in which the wasteslegislative wereauthority, generatedor doesan 248officer notor haveemployee, sufficientof capacitya tomunicipal disposecorporation ofor solidtownship wasteslocated 249 generated within it for six months following the datedistrict; of the 250 director's order.

251member (b)of Nothe newboard solidof wastehealth, facilitiesor willan beginofficer operationor 252employee, duringof thosea sixhealth months in the district inhaving whichterritorial thejurisdiction wastes were 253 generated and, despite good faith efforts to do so, it is 254 impossible to site new solid waste facilities within the 255district; district because of its high population density.

256or (c)member Theof district in which the wastesplanning werecommission, generatedor hasan 257officer madeor goodemployee faithof effortsa tocounty negotiateor withregional otherplanning districtscommission tohaving 258territorial incorporatejurisdiction its disposal needs within those districts' solid 259 waste management plans, including efforts to develop joint 260 facilities authorized under section 343.02 of the Reviseddistrict. Code, 261 and the efforts have been unsuccessful.

262(3) Am.Nothing in division (K)(1) or (2) of this section shall be construed to exempt any member of the board of county commissioners, directors, or trustees, or an officer or employee, of a solid waste management district from a conflict of interest arising because of a personal or private business interest.

(4) A member of the board of county commissioners of a county solid waste management district, board of directors of a joint solid waste management district, or board of trustees of a regional solid waste management authority managing a county or joint solid waste management district, or an officer or employee, of any such solid waste management district, neither shall be disqualified from holding any other public office or position of employment nor be required to forfeit any other public office or position of employment by reason of serving as a member of the board of county commissioners, directors, or trustees, or as an officer or employee, of the district, notwithstanding any requirement to the contrary under the common law of this state or the Revised Code.

(L) As used in this chapter:

(1) "Board of health," "disposal," "health district," "scrap tires," and "solid waste transfer facility" have the same meanings as in section 3734.01 of the Revised Code.

(2) "Change in district composition" and "change" have the same meaning as in section 3734.521 of the Revised Code.

(3)(a) Except as provided in division (L)(3)(b) or (c), and (d), of this section, "solid wastes" has the same meaning as in section 3734.01 of the Revised Code.

(b) If the solid waste management district is not one that resulted from proceedings for a Sub.

147 Page136th 10G.A. As Passed by the Senate (d) The district in which the wastes were generated has 263 located a facility willing to accept the district's solid wastes 264 for disposal within the receiving district.

265change (e)in The district incomposition whichunder sections 343.012 and 3734.521 of the wastesRevised wereCode, generateduntil hassuch 266time demonstratedas toan amended solid waste management plan is approved under section 3734.56 of the directorRevised thatCode, "solid wastes" need not include scrap tires unless the conditionssolid specifiedwaste inmanagement 267policy divisionscommittee (G)(1)(a)established under section 3734.54 of the Revised Code for the district chooses to (d)include the management of thisscrap sectiontires havein beenthe met.district's initial solid waste management plan prepared under sections 3734.54 and 3734.55 of the Revised Code.

268(c) (f)If Thethe directorsolid findswaste thatmanagement thedistrict issuanceis one resulting from proceedings for a change in district composition under sections 343.012 and 3734.521 of the orderRevised willCode 269and beif consistentthe withchange theinvolves statean existing district that is operating under either an initial solid waste management plan approved or prepared and 270ordered to be implemented under section 3734.55 of the Revised Code or an initial or amended plan approved or prepared and ordered to be implemented under section 3734.521 of the Revised Code that receiptdoes not provide for the management of scrap tires and scrap tire facilities, until such time as the out-of-districtamended wastesplan willof the district resulting from the change is approved under section 3734.56 of the Revised Code, "solid wastes" need not limitinclude scrap tires unless the 271solid capacitywaste management policy committee established under division (C) of section 3734.521 of the receivingRevised Code for the district chooses to disposeinclude the management of itsscrap in-districttires 272in wastesthe todistrict's lessinitial thanor eightamended years.solid waste management plan prepared under section 3734.521 of the Revised Code in connection with the change proceedings.

273(d) AnyIf orderthe issuedpolicy undercommittee divisionchooses (G)(1)to include the management of thisscrap sectiontires 274in shallan notinitial becomeplan finalprepared untilunder thirtysections days3734.54 afterand it3734.55 hasof beenthe 275Revised servedCode uponor thein countyan initial or jointamended solidplan wasteprepared managementunder districtsection 2763734.521 thatof willthe receiveRevised Code, the out-of-districtboard wastesof eithercounty bycommissioners certifiedor 277directors mailshall or,execute ifall of the directorduties hasimposed recordand ofmay anexercise internetany identifieror all of 278the recordrights associatedgranted withunder thethis district,section byfor ordinarythe mailpurpose andof bymanaging 279solid wastes that internetconsist identifier of record.scrap tires.

280(4)(a) (2)Except Governingas theprovided maintenance,in protection,division (L)(4)(b) or (c), and use(d) of 281this solidsection, waste"facility" collectionhas orthe othersame meaning as in section 3734.01 of the Revised Code and also includes any solid waste facilitiestransfer, locatedrecycling, 282or withinresource itsrecovery district.facility.

The(b) rulesIf adoptedthe solid waste management district is not one that resulted from proceedings for a change in district composition under divisionsections (G)(2)343.012 and 3734.521 of 283the thisRevised Code, until such time as an amended solid waste management plan is approved under section shall3734.56 of the Revised Code, "facility" need not establishinclude designany standardsscrap fortire solidcollection, 284storage, monocell, monofill, or recovery facility unless the solid waste facilitiesmanagement andpolicy shallcommittee beestablished consistentunder withsection 3734.54 of the Revised Code for the district chooses to include the management of scrap tire facilities in the district's initial solid waste 285management provisionsplan prepared under sections 3734.54 and 3734.55 of Chapterthe 3734.Revised Code.

(c) If the solid waste management district is one resulting from proceedings for a change in district composition under sections 343.012 and 3734.521 of the Revised Code and if the ruleschange 286involves adoptedan existing district that is operating under thoseeither provisions.an initial solid waste management plan approved under section 3734.55 of the Revised Code or an initial or amended plan approved or Sub.

The rules adopted under division 287 (G)(2) of this section may prohibit any person, municipal 288 corporation, township, or other political subdivision from 289 constructing, enlarging, or modifying any solid waste facility 290 until general plans and specifications for the proposed 291 improvement have been submitted to and approved by the board of 292 Am.

147 Page136th 11G.A. As Passed by the Senate county commissioners or board of directors as complying with the 293 solid waste management plan or amended plan of the district.

Theprepared 294and constructionordered to be implemented under section 3734.521 of suchthe aRevised facilityCode shallthat bedoes donenot underprovide for the 295management supervision of thescrap countytires sanitaryand engineerscrap or,tire infacilities, until such time as the caseamended plan of athe 296district jointresulting district,from athe countychange sanitaryis engineerapproved designatedunder bysection 3734.56 of the 297Revised boardCode, of"facility" directors,need andnot anyinclude person,scrap municipaltires corporation,unless 298the township,solid orwaste othermanagement politicalpolicy subdivisioncommittee proposingestablished orunder 299division constructing(C) suchof improvementssection shall3734.521 payof the Revised Code for the district chooses to include the countymanagement of scrap tires in the district's initial or jointamended 300solid districtwaste allmanagement expensesplan incurredprepared byunder section 3734.521 of the boardRevised Code in connection 301with therewith.the change proceedings.

The(d) sanitaryIf engineerthe maypolicy entercommittee uponchooses anyto publicinclude orthe 302management privateof propertyscrap fortires thein purposean initial plan prepared under sections 3734.54 and 3734.55 of makingthe surveysRevised Code or 303in examinationsan necessaryinitial foror designingamended solidplan wasteprepared facilitiesunder orsection 3043734.521 forof supervisingthe Revised Code, the construction,board enlargement,of modification,county commissioners or 305directors operationshall execute all of the duties imposed and may exercise any suchor all of the rights granted under this section for the purpose of managing solid waste facilities that are scrap tire collection, storage, monocell, monofill, or recovery facilities.

No(M) person,As municipalused 306in corporation,this township,section: or other political subdivision shall 307 forbid or interfere with the sanitary engineer or the sanitary 308 engineer's authorized assistants entering upon such property for 309 that purpose.

If(1) actual"Source damageseparated isrecyclable donematerials" tomeans propertymaterials bythat theare makingseparated 310from ofother thesolid surveyswastes andat examinations, a board shall pay the 311location reasonablewhere value of that damage to the ownermaterials ofare thegenerated propertyfor 312 damaged, and the costpurpose shall be included in the financing of therecycling 313 improvement for which the surveysmaterials andat examinationsa arelegitimate made.recycling facility.

314(2) (3)"Legitimate Governingrecycling thefacility" developmenthas and implementation of a 315 program for the inspectionsame ofmeaning solidas wastesin generatedrule outside3745-27-01 the 316 boundaries of this state that are disposed of at solid waste 317 facilities included in the district'sAdministrative solidCode. waste management 318 plan or amended plan.

A(3) board"Internet ofidentifier county commissioners or board 319 of directorsrecord" orhas its authorized representative may enter upon the 320same premisesmeaning ofas any solid waste facility included in thesection district's9.312 321 solid waste management plan or amended plan for the purpose of 322 conducting the inspectionsRevised requiredCode. or authorized by the rules 323 Am.

S.Sec.

B.

No.

147 Page 12 As Passed by the Senate adopted under division (G)(3) of this section.

No person, 324 municipal corporation, township, or other political subdivision 325 shall forbid or interfere with a board of county commissioners 326 or directors or its authorized representative entering upon the 327 premises of any such solid waste facility for that purpose.

328 (4) Exempting the owner or operator of any existing or 329 proposed solid waste facility provided for in the plan or 330 amended plan from compliance with any amendment to a township 331 zoning resolution adopted under section 519.12 of the Revised 332 Code or to a county rural zoning resolution adopted under 333 section 303.12 of the Revised Code that rezoned or redistricted 334 the parcel or parcels upon which the facility is to be 335 constructed or modified and that became effective within two 336 years prior to the filing of an application for a permit 337 required under division (A)(2)(a) of section 3734.05 of the 338 Revised Code to open a new or modify an existing solid waste 339 facility.

340 (H) A board of county commissioners or board of directors 341 may enter into a contract with any person, municipal 342 corporation, township, or other political subdivision for the 343 operation and maintenance of any solid waste facilities 344 regardless of whether the facilities are owned or leased by the 345 county or joint district or the contractor.

346 (I)(1) No person, municipal corporation, township, or 347 other political subdivision shall tamper with or damage any 348 solid waste facility constructed under this chapter or any 349 apparatus or accessory connected therewith or pertaining 350 thereto, fail or refuse to comply with the applicable rules 351 adopted by a board of county commissioners or directors under 352 division (G)(1), (2), (3), or (4) of this section, refuse to 353 Am.

S.

B.

No.

147 Page 13 As Passed by the Senate permit an inspection or examination by a sanitary engineer as 354 authorized under division (G)(2) of this section, or refuse to 355 permit an inspection by a board of county commissioners or 356 directors or its authorized representative as required or 357 authorized by rules adopted under division (G)(3) of this 358 section.

359 (2) If the board of county commissioners of a county 360 district or board of directors of a joint district has 361 established facility designations under section 343.013, 362 343.014, or 343.015 of the Revised Code, or the director has 363 established facility designations in the initial or amended plan 364 of the district prepared and ordered to be implemented under 365 section 3734.521, 3734.55, or 3734.56 of the Revised Code, no 366 person, municipal corporation, township, or other political 367 subdivision shall deliver, or cause the delivery of, any solid 368 wastes generated within a county or joint district to any solid 369 waste facility other than the facility designated under section 370 343.013, 343.014, or 343.015 of the Revised Code, or in the 371 initial or amended plan of the district prepared and ordered to 372 be implemented under section 3734.521, 3734.55, or 3734.56 of 373 the Revised Code, as applicable, except that source separated 374 recyclable materials may be taken to any legitimate recycling 375 facility.

Upon the request of a person or the legislative 376 authority of a municipal corporation or township, the board of 377 county commissioners of a county district or board of directors 378 of a joint district may grant a waiver authorizing the delivery 379 of all or any portion of the solid wastes generated in a 380 municipal corporation or township to a solid waste facility 381 other than the facility designated under section 343.013, 382 343.014, or 343.015 of the Revised Code, or in the initial or 383 amended plan of the district prepared and ordered to be 384 Am.

S.

B.

No.

147 Page 14 As Passed by the Senate implemented under section 3734.521, 3734.55, or 3734.56 of the 385 Revised Code, as applicable, regardless of whether the other 386 facility is located within or outside of the district, if the 387 board finds that delivery of those solid wastes to the other 388 facility is not inconsistent with the projections contained in 389 the district's initial or amended plan under divisions (A)(6) 390 and (7) of section 3734.53 of the Revised Code as approved or 391 ordered to be implemented and will not adversely affect the 392 implementation and financing of the district's initial or 393 amended plan pursuant to the implementation schedule contained 394 in it under divisions (A)(12)(a) to (d) of that section.

The 395 board shall act on a request for such a waiver within ninety 396 days after receiving the request.

Upon granting such a waiver, 397 the board shall send notice of that fact to the director.

The 398 notice shall indicate to whom the waiver was granted.

Any waiver 399 or authorization granted by a board on or before October 29, 400 1993, shall continue in force until the board takes action 401 concerning the same entity under this division or until action 402 is taken under division (G) of section 343.014 of the Revised 403 Code.

404 (J) Divisions (G)(1) to (4) and (I)(2) of this section do 405 not apply to the construction, operation, use, repair, 406 enlargement, or modification of either of the following:

407 (1) A solid waste facility owned by a generator of solid 408 wastes when the solid waste facility exclusively disposes of 409 solid wastes generated at one or more premises owned by the 410 generator regardless of whether the facility is located on a 411 premises where the wastes are generated;

412 (2) A facility that exclusively disposes of wastes that 413 are generated from the combustion of coal, or from the 414 Am.

S.

B.

No.

147 Page 15 As Passed by the Senate combustion of primarily coal in combination with scrap tires, 415 that is not combined in any way with garbage at one or more 416 premises owned by the generator.

417 (K)(1) A member of the board of county commissioners of a 418 county solid waste management district, member of the board of 419 directors of a joint solid waste management district, member of 420 the board of trustees of a regional solid waste management 421 authority managing a county or joint solid waste management 422 district, or officer or employee of any solid waste management 423 district, for the purposes of sections 102.03, 102.04, 2921.41, 424 and 2921.42 of the Revised Code, shall not be considered to be 425 directly or indirectly interested in, or improperly influenced 426 by, any of the following:

427 (a) A contract entered into under this chapter or section 428 307.15 or sections 3734.52 to 3734.575 of the Revised Code 429 between the district and any county forming the district, 430 municipal corporation or township located within the district, 431 or health district having territorial jurisdiction within the 432 district, of which that member, officer, or employee also is an 433 officer or employee, but only to the extent that any interest or 434 influence could arise from holding public office or employment 435 with the political subdivision or health district;

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

S.

B.

No.

147 Page 16 As Passed by the Senate holding public office or employment with the commission;

445 (c) An expenditure of money made by the district for the 446 benefit of any county forming the district, municipal 447 corporation or township located within the district, or health 448 district or county or regional planning commission having 449 territorial jurisdiction within the district, of which that 450 member also is a member, officer, or employee, but only to the 451 extent that any interest or influence could arise from holding 452 public office or employment with the political subdivision, 453 health district, or commission;

454 (d) An expenditure of money made for the benefit of the 455 district by any county forming the district, municipal 456 corporation or township located within the district, or health 457 district or county or regional planning commission having 458 territorial jurisdiction within the district, of which that 459 member also is a member, officer, or employee, but only to the 460 extent that any interest or influence could arise from holding 461 public office or employment with the political subdivision, 462 health district, or commission.

463 (2) A solid waste management district, county, municipal 464 corporation, township, health district, or planning commission 465 described or referred to in divisions (K)(1)(a) to (d) of this 466 section shall not be construed to be the business associate of a 467 person who is concurrently a member of the board of county 468 commissioners, directors, or trustees, or an officer or 469 employee, of the district and an officer or employee of that 470 municipal corporation, county, township, health district, or 471 planning commission for the purposes of sections 102.03, 472 2921.42, and 2921.43 of the Revised Code.

Any person who is 473 concurrently a member of the board of county commissioners, 474 Am.

S.

B.

No.

147 Page 17 As Passed by the Senate directors, or trustees, or an officer or employee, of a solid 475 waste management district so described or referred to and an 476 officer or employee of a county, municipal corporation, 477 township, health district, or planning commission so described 478 or referred to may participate fully in deliberations concerning 479 and vote on or otherwise participate in the approval or 480 disapproval of any contract or expenditure of funds described in 481 those divisions as a member of the board of county commissioners 482 or directors, or an officer or employee, of a county or joint 483 solid waste management district;

member of the board of 484 trustees, or an officer or employee, of a regional solid waste 485 management authority managing a county or joint solid waste 486 management district;

member of the legislative authority, or an 487 officer or employee, of a county forming the district;

member of 488 the legislative authority, or an officer or employee, of a 489 municipal corporation or township located within the district;

490 member of the board of health, or an officer or employee, of a 491 health district having territorial jurisdiction within the 492 district;

or member of the planning commission, or an officer or 493 employee of a county or regional planning commission having 494 territorial jurisdiction within the district.

495 (3) Nothing in division (K)(1) or (2) of this section 496 shall be construed to exempt any member of the board of county 497 commissioners, directors, or trustees, or an officer or 498 employee, of a solid waste management district from a conflict 499 of interest arising because of a personal or private business 500 interest.

501 (4) A member of the board of county commissioners of a 502 county solid waste management district, board of directors of a 503 joint solid waste management district, or board of trustees of a 504 regional solid waste management authority managing a county or 505 Am.

S.

B.

No.

147 Page 18 As Passed by the Senate joint solid waste management district, or an officer or 506 employee, of any such solid waste management district, neither 507 shall be disqualified from holding any other public office or 508 position of employment nor be required to forfeit any other 509 public office or position of employment by reason of serving as 510 a member of the board of county commissioners, directors, or 511 trustees, or as an officer or employee, of the district, 512 notwithstanding any requirement to the contrary under the common 513 law of this state or the Revised Code.

514 (L) As used in this chapter:

515 (1) "Board of health," "disposal," "health district," 516 "scrap tires," and "solid waste transfer facility" have the same 517 meanings as in section 3734.01 of the Revised Code.

518 (2) "Change in district composition" and "change" have the 519 same meaning as in section 3734.521 of the Revised Code.

520 (3)(a) Except as provided in division (L)(3)(b) or (c), 521 and (d), of this section, "solid wastes" has the same meaning as 522 in section 3734.01 of the Revised Code.

523 (b) If the solid waste management district is not one that 524 resulted from proceedings for a change in district composition 525 under sections 343.012 and 3734.521 of the Revised Code, until 526 such time as an amended solid waste management plan is approved 527 under section 3734.56 of the Revised Code, "solid wastes" need 528 not include scrap tires unless the solid waste management policy 529 committee established under section 3734.54 of the Revised Code 530 for the district chooses to include the management of scrap 531 tires in the district's initial solid waste management plan 532 prepared under sections 3734.54 and 3734.55 of the Revised Code.

533 (c) If the solid waste management district is one 534 Am.

S.

B.

No.

147 Page 19 As Passed by the Senate resulting from proceedings for a change in district composition 535 under sections 343.012 and 3734.521 of the Revised Code and if 536 the change involves an existing district that is operating under 537 either an initial solid waste management plan approved or 538 prepared and ordered to be implemented under section 3734.55 of 539 the Revised Code or an initial or amended plan approved or 540 prepared and ordered to be implemented under section 3734.521 of 541 the Revised Code that does not provide for the management of 542 scrap tires and scrap tire facilities, until such time as the 543 amended plan of the district resulting from the change is 544 approved under section 3734.56 of the Revised Code, "solid 545 wastes" need not include scrap tires unless the solid waste 546 management policy committee established under division (C) of 547 section 3734.521 of the Revised Code for the district chooses to 548 include the management of scrap tires in the district's initial 549 or amended solid waste management plan prepared under section 550 3734.521 of the Revised Code in connection with the change 551 proceedings.

552 (d) If the policy committee chooses to include the 553 management of scrap tires in an initial plan prepared under 554 sections 3734.54 and 3734.55 of the Revised Code or in an 555 initial or amended plan prepared under section 3734.521 of the 556 Revised Code, the board of county commissioners or directors 557 shall execute all of the duties imposed and may exercise any or 558 all of the rights granted under this section for the purpose of 559 managing solid wastes that consist of scrap tires.

560 (4)(a) Except as provided in division (L)(4)(b) or (c), 561 and (d) of this section, "facility" has the same meaning as in 562 section 3734.01 of the Revised Code and also includes any solid 563 waste transfer, recycling, or resource recovery facility.

564 Am.

S.

B.

No.

147 Page 20 As Passed by the Senate (b) If the solid waste management district is not one that 565 resulted from proceedings for a change in district composition 566 under sections 343.012 and 3734.521 of the Revised Code, until 567 such time as an amended solid waste management plan is approved 568 under section 3734.56 of the Revised Code, "facility" need not 569 include any scrap tire collection, storage, monocell, monofill, 570 or recovery facility unless the solid waste management policy 571 committee established under section 3734.54 of the Revised Code 572 for the district chooses to include the management of scrap tire 573 facilities in the district's initial solid waste management plan 574 prepared under sections 3734.54 and 3734.55 of the Revised Code.

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

593 (d) If the policy committee chooses to include the 594 management of scrap tires in an initial plan prepared under 595 Am.

S.

B.

No.

147 Page 21 As Passed by the Senate sections 3734.54 and 3734.55 of the Revised Code or in an 596 initial or amended plan prepared under section 3734.521 of the 597 Revised Code, the board of county commissioners or directors 598 shall execute all of the duties imposed and may exercise any or 599 all of the rights granted under this section for the purpose of 600 managing solid waste facilities that are scrap tire collection, 601 storage, monocell, monofill, or recovery facilities.

602 (M) As used in this section:

603 (1) "Source separated recyclable materials" means 604 materials that are separated from other solid wastes at the 605 location where the materials are generated for the purpose of 606 recycling the materials at a legitimate recycling facility.

607 (2) "Legitimate recycling facility" has the same meaning 608 as in rule 3745-27-01 of the Administrative Code.

609 (3) "Internet identifier of record" has the same meaning 610 as in section 9.312 of the Revised Code.

611 Sec.

(A) The board of county commissioners of a 612 county or the board of directors of a joint solid waste 613 management district established under this chapter, upon its own 614 initiative or at the request of the legislative authority of any 615 municipal corporation or township located in the district, may 616 adopt a resolution proposing the formation of a regional solid 617 waste management authority for the purpose of executing all the 618 duties and responsibilities imposed on or granted to the board 619 under this chapter.

Upon adoption of such a resolution, the 620 board shall send a copy of it to the legislative authority of 621 each municipal corporation and township located in the district 622 and shall request each legislative authority to vote on the 623 question of the formation of such a regional authority.

624The Am.board of county commissioners or board of directors shall declare the proposal to have been adopted upon determining that the legislative authorities of a combination of municipal corporations and townships with a combined population within the boundaries of the district comprising at least sixty per cent of the total population of the district have approved the proposal, provided that that combination shall include the municipal corporation having the largest population in each county within the boundaries of the district.

Upon the adoption of the proposal, the board of county commissioners or board of directors shall enter into an agreement with the legislative Sub.

147 Page136th 22G.A. As Passed by the Senate The board of county commissioners or board of directors 625 shall declare the proposal to have been adopted upon determining 626 that the legislative authorities of a combination of municipal 627 corporations and townships with a combined population within the 628 boundaries of the district comprising at least sixty per cent of 629 the total population of the district have approved the proposal, 630 provided that that combination shall include the municipal 631 corporation having the largest population in each county within 632 the boundaries of the district.

Upon the adoption of the 633 proposal, the board of county commissioners or board of 634 directors shall enter into an agreement with the legislative 635 authorities of the municipal corporations and townships in the 636 district to form a regional solid waste management authority, 637 which agreement shall include, without limitation, procedures 638 for the appointment of a board of trustees of the authority to 639 be comprised of at least the president of the board of county 640 commissioners of each county in the district or his the 641 president's designee, the chief executive officer of the 642 municipal corporation having the largest population within the 643 boundaries of each county in the district or his the chief 644 executive officer's designee, a member representing the 645 townships within each county in the district chosen by a 646 majority of the boards of township trustees within each county, 647 the health commissioner of the health district having the 648 largest territorial jurisdiction within each county in the 649 district or his the health commissioner's designee, and one 650 member representing the public to be appointed by the other 651 members of the board.

652 The agreement forming the regional authority shall be 653 adopted in the same manner as the initial proposal to form the 654 regional authority.

Not later than thirty days after the 655adoption Am.of the agreement, the board of trustees appointed under it shall mail a copy of the agreement to the director of environmental protection.

S.(B) Following the formation of a regional solid waste management authority under division (A) of this section, all the duties and responsibilities imposed on or granted to a board of county commissioners or a board of directors under this chapter shall be vested in and exercised by the board of trustees of the regional authority.

B.Those duties and responsibilities shall include, without limitation, all of the following:

No.(1) Appointment of employees necessary to manage the affairs of the district, including, without limitation, an executive director, and a sanitary engineer or engineers to execute the responsibilities assigned to the county sanitary engineer under this chapter;

147(2) PageAcquisition, 23construction, Asimprovement, Passedenlargement, byreplacement, themaintenance, Senateand adoptionoperation of thesolid agreement,waste thefacilities boardwithin of trustees appointed under 656 it shall mail a copy of the agreementdistrict; to the director of 657 environmental protection.

658(3) (B)Issuance Following the formation of abonds regional solid waste 659 management authority under division (A) of this section, all the 660 duties and responsibilitiesbond imposedanticipation onnotes or granted to a board of 661 county commissioners or a board of directors under this chapter 662 shall be vested in andaccordance exercisedwith byChapter the133. board of trustees of the 663 regional authority.

Those duties and responsibilities shall 664 include, without limitation, all of the following:

665 (1) Appointment of employees necessary to manage the 666 affairs of the district, including, without limitation, an 667 executive director, and a sanitary engineer or engineers to 668 execute the responsibilities assigned to the county sanitary 669 engineer under this chapter;

670 (2) Acquisition, construction, improvement, enlargement, 671 replacement, maintenance, and operation of solid waste 672 facilities within the district;

673 (3) Issuance of bonds and bond anticipation notes in 674 accordance with Chapter 133.

675 (C) In addition to the duties and responsibilities 676 identified in division (B) of this section and division (H) of 677 section 3734.54 of the Revised Code, the board of trustees of a 678 regional solid waste management authority may do any of the 679 following:

680 (1) Adopt bylaws for the regulation of its affairs and the 681 conduct of its business;

682 (2) Maintain an office within its county or joint solid 683 waste management district;

684(3) Am.Provide coverage for its employees under Chapters 145., 4123., and 4141.

of the Revised Code and procure and pay all or any part of the cost of group hospitalization, surgical, major medical, and sickness and accident insurance and group life insurance for its employees;

(4) Procure insurance against loss to the regional authority by reason of damages to its properties resulting from fire, theft, accident, or other casualties or by reason of its liability for any damages to persons or property occurring in the construction or operation of facilities under its jurisdiction or the conduct of its activities;

Sub.

147 Page136th 24G.A. As Passed by the Senate (3) Provide coverage for its employees under Chapters 685 145., 4123., and 4141.

(5) Procure a policy or policies insuring members of the Revisedboard Codeof andtrustees procureagainst andliability payon 686account allof damages or injury to persons and property resulting from any partact or omission of thea costmember ofin grouphis hospitalization,the surgical,member's 687official majorcapacity medical,as anda sicknessmember andof accidentthe insuranceboard andor groupresulting 688solely lifeout insuranceof forhis itsmembership employees;on the board;

689(6) (4)Sue Procure insurance against loss to the regional 690 authority by reason of damages to its properties resulting from 691 fire, theft, accident, or otherbe casualtiessued; or by reason of its 692 liability for any damages to persons or property occurring in 693 the construction or operation of facilities under its 694 jurisdiction or the conduct of its activities;

695(7) (5)Make Procurecontracts a policy or policies insuring members of the 696 board of trustees against liability on account of damages or 697 injury to persons and property resulting from any act or 698 omission of a member in his the member'sexercise official capacity as a 699 member of the boardrights, orpowers, resultingand solelyduties outconferred ofupon his membership on 700 the board;regional authority;

701(8) (6)Do Sueall acts necessary or beproper sued;to carry out the duties and responsibilities imposed on or granted to the board under this chapter and sections 3734.52 to 3734.575 of the Revised Code.

702(D) (7)The Makeboard contractsof trustees of a regional solid waste management authority in a county solid waste management district may designate the exerciseprosecuting attorney of the rights,county powers,to 703serve as the legal advisor of the authority, and dutiesthe conferredboard uponof trustees of an authority in a joint district may designate the regionalprosecuting authority;attorney of one of the counties forming the district to serve as the legal advisor of the authority.

704The (8)designated Doprosecuting allattorney actsshall necessaryprovide orsuch properservices to carry out the 705authority dutiesas andare responsibilitiesrequired imposed on or grantedauthorized to thebe boardprovided 706 under this chapter and sections 3734.52 to 3734.575county ofboards theunder 707Chapter Revised309. Code.

708 (D) The board of trustees of a regional solid waste 709 management authority in a county solid waste management district 710 may designate the prosecuting attorney of the county to serve as 711 the legal advisor of the authority, and the board of trustees of 712 an authority in a joint district may designate the prosecuting 713 Am.

S.

B.

No.

147 Page 25 As Passed by the Senate attorney of one of the counties forming the district to serve as 714 the legal advisor of the authority.

The designated prosecuting 715 attorney shall provide such services to the authority as are 716 required or authorized to be provided to county boards under 717 Chapter 309.

The board of trustees may pay 718 to the county whose prosecuting attorney is serving as the 719 authority's legal advisor any amount agreed upon by the board of 720 trustees and the board of county commissioners of that county to 721 reimburse that county for the cost properly allocable to the 722 services of its prosecuting attorney as the authority's legal 723 advisor.

When a prosecuting attorney is so serving and the board 724 considers it to be necessary or appropriate, the board, on its 725 own initiative, may employ an attorney or other legal counsel to 726 advise the board regarding a particular matter in place of the 727 prosecuting attorney.

728 Instead of designating the prosecuting attorney of the 729 county or of one of the counties forming the district, as 730 appropriate, to be the legal advisor of the regional authority, 731 the board of trustees may employ on an annual basis an attorney 732 or other legal counsel to serve as the authority's legal 733 advisor.

Notwithstanding the employment of an attorney or other 734 legal counsel on an annual basis as the authority's legal 735 advisor, the board of trustees may require written opinions or 736 instructions from the prosecuting attorney of the county or, in 737 the case of a joint district, any of the counties forming the 738 district in matters connected with the board's official duties, 739 and the prosecuting attorney shall provide the written opinion 740 or instructions as though he the prosecuting attorney had been 741 designated to serve as the authority's legal advisor under this 742 division.

743 (E) Within ninety days after October 29, 1993, one member 744representing Am.industrial, commercial, or institutional generators of solid wastes within the district and one member representing the general interests of citizens who shall have no conflict of interest through affiliation with a waste management company or with any entity that is a significant generator of solid wastes shall be added to the board of trustees of a regional authority formed in a county district.

In the case of a regional authority formed in a joint district, one member shall be added to the board of trustees from each county that is a member of the joint district to represent industrial, commercial, or Sub.

147 Page136th 26G.A. As Passed by the Senate representing industrial, commercial, or institutional generators 745 of solid wastes within the district and one member representing 746 the general interests of citizens who shall have no conflict of 747 interest through affiliation with a waste management company or 748 with any entity that is a significant generator of solid wastes 749 shall be added to the board of trustees of a regional authority 750 formed in a county district.

In the case of a regional authority 751 formed in a joint district, one member shall be added to the 752 board of trustees from each county that is a member of the joint 753 district to represent industrial, commercial, or institutional 754 generators of solid wastes within the county, and one member 755 shall be added to the board from each such county to represent 756 the general interests of citizens who shall have no conflict of 757 interest through affiliation with a waste management company or 758 with any entity that is a significant generator of solid wastes.

759 The members representing generators and the general interests of 760 citizens shall be added to the board of trustees without the 761 necessity for amending the agreement to form the regional 762 authority.

They shall be appointed in the same manner as the 763 public member of the board is required to be appointed under 764 this section and shall serve for terms of the same length as the 765 other members, as provided in the agreement.

766 (F) As used in this chapter and in division (E) of section 767 3714.07 of the Revised Code, divisions (D) to (H) of section 768 3734.57 of the Revised Code, and sections 3734.522, 3734.571, 3734.572, 769 3734.573, 3734.574, and 3734.575 of the Revised Code, and as 770 used in Chapter 133.

of the Revised Code for the purposes of 771 this chapter, any reference to a board of county commissioners 772 of a county or a board of directors of a joint solid waste 773 management district is deemed to include the board of trustees 774 of a regional solid waste management authority, and any 775reference Am.to the county sanitary engineer is deemed to include any sanitary engineer employed by a regional authority.

S.Sec.

B.

No.

147 Page 27 As Passed by the Senate reference to the county sanitary engineer is deemed to include 776 any sanitary engineer employed by a regional authority.

777 Sec.

778 (1) "Change in district composition" and "change" have the 779 same meaning as in section 3734.521 of the Revised Code.

780 (2) "Deliver" has the same meaning as in division (G)(2) 781 of section 3734.55 of the Revised Code.

782 (B) The board of county commissioners of a county forming 783 a joint solid waste management district may initiate proceedings 784 to withdraw from the district by adopting a resolution 785 requesting to withdraw.

Upon adopting the resolution, the board 786 shall deliver a copy of it to the board of directors of the 787 district.

Upon receiving the resolution, the board of directors 788 shall deliver written notice of the proposed withdrawal to the 789 boards of county commissioners of the other counties forming the 790 district.

Within sixty days after receiving the notice, the 791 other boards of county commissioners each shall adopt a 792 resolution approving or disapproving the proposed withdrawal and 793 deliver a copy of the resolution to the board of directors.

If 794 any of the other boards of county commissioners adopts a 795 resolution of disapproval, the board of directors shall declare 796 the proposed withdrawal to be disapproved and shall deliver 797 written notice of the disapproval to the boards of county 798 commissioners of the affected counties.

If all of the other 799 boards of county commissioners adopt a resolution approving the 800 proposed withdrawal, the board of directors shall declare the 801 withdrawal to be approved and shall deliver written notice of 802 the approval to the boards of county commissioners of the 803 affected counties.

The board of directors shall determine 804 whether the withdrawal has been approved or disapproved and 805deliver Am.the required written notice of the approval or disapproval to the boards of county commissioners of the affected counties within thirty days after receiving the resolutions of approval or disapproval from those boards.

Promptly after the approval of the Sub.

147 Page136th 28G.A. As Passed by the Senate deliver the required written notice of the approval or 806 disapproval to the boards of county commissioners of the 807 affected counties within thirty days after receiving the 808 resolutions of approval or disapproval from those boards.

809 Promptly after the approval of the withdrawal, proceedings shall 810 be initiated in accordance with division (E) of section 3734.521 811 of the Revised Code to effect the withdrawal.

812 A withdrawal becomes final on the first day of January 813 following the date on which the applicable conditions set forth 814 in division (G)(1), (2), (3), or (4) of section 3734.521 of the 815 Revised Code have been met in connection with the change in 816 district composition that involves the withdrawal.

On and after 817 that first day of January, the withdrawing county ceases to be a 818 part of the joint district, its members on the board of 819 directors shall cease to be members of the board, and its power 820 to levy a tax upon taxable property to support the district 821 terminates, except that the county shall continue to levy and 822 collect any taxes levied for the payment of indebtedness of the 823 district as it was composed at the time the indebtedness was 824 incurred.

Upon the withdrawal of a county from a joint district, 825 the board of directors shall ascertain, apportion, and order a 826 division of the funds on hand, credits, and real and personal 827 property of the district, either in money or in kind, on any 828 equitable basis between the district and the withdrawing county 829 consistent with the agreement to establish and maintain the 830 district entered into and ratified under division (A) of section 831 343.01 of the Revised Code and the prior contributions of the 832 withdrawing county.

833 If the withdrawal of one or more counties would leave only 834 one county participating in a joint district, the board of 835 directors shall ascertain, apportion, and order a final division 836of Am.the funds on hand, credits, and real and personal property of the district.

On and after the first day of January on which the latest withdrawal of a county from the district becomes final, the district shall be dissolved.

When a joint district is dissolved and any indebtedness remains unpaid, the boards of county commissioners shall continue to levy and collect taxes for the payment of the indebtedness in support of the joint district in the amounts established by the agreement at the time the indebtedness was incurred.

For the purposes of this division, "counties forming the joint district" include only the following:

(1) The counties that are named as members of the joint district in the solid waste management plan or amended plan of the district approved or ordered to be implemented under section 3734.521, 3734.55, or 3734.56 of the Revised Code in effect when the withdrawal proceeding was initiated and that have not previously initiated proceedings under division (B) of this section to withdraw from the joint district;

(2) Any counties named as members of the joint district in that plan or amended plan that have initiated a withdrawal proceeding under division (B) of this section that has been declared to be disapproved under that division;

(3) If joinder proceedings had previously been concluded under division (D) of this section since that plan or amended plan was approved or ordered to be implemented, any county whose joinder to the district was declared to be approved in those proceedings.

(C)(B)(1) The board of county commissioners of a county seeking to establish a new joint district with the board of county commissioners of one or more other counties may initiate Sub.

147 Page136th 29G.A. As Passed by the Senate of the funds on hand, credits, and real and personal property of 837 the district.

Onproceedings andto afterdo theso firstby dayadopting ofa Januaryresolution onproposing which the 838establishment latest withdrawal of a county from the districtjoint becomesdistrict. final, 839 the district shall be dissolved.

WhenUpon aadopting jointthe districtresolution, isthe 840board dissolvedshall anddeliver anya indebtednesscopy remainsof unpaid,it to the boards of 841 county commissioners shall continue to levy and collect taxes 842 for the payment of the indebtednessother incounties supportto ofbe theincluded joint 843 district in the amountsproposed establishedjoint bydistrict. the agreement at the time 844 the indebtedness was incurred.

845(2) ForIf the purposesboard proposing the establishment of a new joint district also has initiated proceedings to withdraw from an existing joint district under division (B) of this division,section "counties3734.522 formingof the 846Revised jointCode, district"the includeboard onlyshall not adopt a resolution proposing the following:establishment until after the proposed withdrawal has been declared to be approved memorandum of understanding has been executed in accordance with that section and, upon adopting the resolution, shall deliver the board delivers a copy of the written notice declaring the withdrawal to be approved under that division memorandum of understanding to the other boards along with the copy of the resolution proposing the establishment of the new district.

847(3) (1)Within Thesixty countiesdays thatafter arereceiving namedthe asresolution membersproposing the establishment of the new joint 848 district inand, theif solidapplicable, wastea managementcopy planof orthe amendednotice plan of 849 the districtapproval approvedof orthe orderedwithdrawalmemorandum toof beunderstanding, implementedeach under section 850 3734.521, 3734.55, or 3734.56 of the Revisedother Codeboards inshall effectadopt whena 851resolution theapproving withdrawalor proceedingdisapproving wasthe initiatedproposed establishment and thatdeliver havea notcopy 852of previouslyit initiatedto proceedingsthe underboard division (B) of thiscounty 853commissioners sectionproposing to withdraw from the jointestablishment. district;

854However, (2)if Anyany countiesof namedthe asother membersboards also has initiated entered into withdrawal proceedings under division (B) of this section 3734.522 of the jointRevised districtCode, inand 855if thatthe planwithdrawal has been declared to be disapproved or amendedhas plannot yet been declared to be approved or disapproved under that havedivision, initiatedthat board need not adopt a withdrawalresolution 856concerning proceedingthe underproposed divisionestablishment, (B)but such board shall deliver to the board of thiscounty sectioncommissioners thatproposing the establishment a copy of the written notice of the disapproval or, if the withdrawal has beennot 857yet been declared to be disapprovedapproved underor disapproved, written notice of that division;fact.

858 (3) If joinderthe proceedingswithdrawal hadhas previously been concludeddeclared 859to be approved under division (D)(B) of this sectionsection, sincethe thatboard planshall ordeliver amendeda 860copy planof wasthe approvedwritten ornotice orderedof tothe beapproval implemented,with anythe countycopy whoseof 861its joinderresolution toapproving or disapproving the districtproposed wasestablishmentexecuted declaredmemorandum toof beunderstanding approvedentered ininto thoseunder 862that proceedings.section.

863If (C)(B)(1)any Theof the other boards adopts a resolution of disapproval, or if any of the other boards initiated withdrawal proceedings under division (B) of this section and the withdrawal either has been declared to be disapproved under that division or has not yet been declared to be approved or disapproved under that division when the board of county commissioners so notified the board of acounty commissioners proposing the establishment, the board of county 864commissioners seekingproposing the establishment shall declare the proposed establishment to establishbe adisapproved newand jointshall districtdeliver withwritten notice of the boarddisapproval ofto 865the Am.other boards.

If all of the other boards adopt a resolution approving the establishment, and, if any of the other boards initiated such withdrawal proceedings, the withdrawal already has been declared to be approved under that division when the board of county commissioners delivered the resolution approving the establishment to the board of county commissioners proposing the establishment, the board that initiated the proceedings shall declare the establishment to be approved and shall deliver written notice of the approval to the other boards.

The board of county commissioners that initiated the proceedings shall determine whether the Sub.

147 Page136th 30G.A. As Passed by the Senate county commissioners of one or more other counties may initiate 866 proceedings to do so by adopting a resolution proposing the 867 establishment of the joint district.

Uponestablishment adoptinghas thebeen 868approved resolution,or thedisapproved boardand shall deliver athe copyrequired written notice of itthe approval or disapproval to the other boards 869within ofthirty countydays commissionersafter receiving the resolutions of approval or disapproval from the other countiesboards toor bebeing includedotherwise innotified 870by thethem proposedin jointaccordance district.with this division.

871(4) (2)Promptly Ifafter the boardapproval proposingof the establishmentestablishment, ofthe aboards newshall 872enter jointinto districtand alsoratify hasan initiatedagreement proceedings to withdrawform fromthe 873 an existing joint district under division (B)(A) of this section 874343.01 3734.522 of the Revised Code, theand boardproceedings shall not adopt a 875 resolution proposing the establishment until after the proposed 876 withdrawal has been declared to be approvedinitiated memorandumunder of 877 understanding has been executed in accordance with that section 8783734.521 and, upon adopting the resolution, shall deliver the board 879 delivers a copy of the writtenRevised noticeCode declaring the withdrawal 880 to beeffect approved under that division memorandum of understanding 881 to the other boards along with the copy of the resolution 882 proposing the establishment of the newjoint district.

883The (3) Within sixty days after receiving the resolution 884 proposing the establishment of the new joint district and,becomes iffinal 885when applicable, a copy of the noticeapplicable ofconditions theset approvalforth ofin thedivision 886(G)(1), withdrawalmemorandum(2), of(3), understanding,or each(4) ofand, theif otherappropriate, boardsdivision 887(H) shall(E) adoptof asection resolution3734.521 approvingof or disapproving the proposedRevised 888Code establishmenthave andbeen delivermet ain copyconnection ofwith it to the boardchange ofin countydistrict 889composition commissionersthat proposinginvolves the establishment.

However,On ifthe anydate ofthat 890 the otherestablishment becomes final, the boards alsoof hascounty initiatedcommissioners enteredof intothe withdrawalcounties 891establishing proceedingsthe underjoint divisiondistrict (B)collectively ofconstitute thisthe sectionboard 3734.522of directors of the 892joint Reviseddistrict, Code,except andthat if thea withdrawalcounty haswith beena declaredlegislative toauthority beother 893than disapproveda orboard hasof notcounty yetcommissioners beenparticipates declaredin tothe bejoint approveddistrict, orit 894shall disapprovedbe underrepresented thaton division,the that board needof notdirectors adoptby athree 895persons resolutionappointed concerningby the proposedlegislative establishment,authority butof suchthe boardcounty. 896 Am.

(D)(C)(1) The board of county commissioners of a county may initiate proceedings to join an existing joint district by adopting a resolution requesting membership in the joint district.

Upon adoption of the resolution, the board shall deliver a copy of it to the board of directors of the joint district.

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

Upon receiving the resolution and, if applicable, a copy of the notice of the approval of the withdrawalmemorandum of understanding, the board of directors shall deliver notice of the proposed joinder to the boards of county commissioners of the counties forming the existing joint district.

(3) Within sixty days after receiving the notice of the proposed joinder, each such board shall adopt a resolution approving or disapproving the joinder and shall deliver a copy of the resolution to the board of directors.

If the board of county commissioners of any of the counties forming the existing joint district adopts a resolution of disapproval or if any of the counties that are members of the existing joint district had initiated a withdrawal from it under division (B) of this section that had not yet been declared to be approved or disapproved under that division when the board of county commissioners delivered their resolutions approving or disapproving the joinder to the board of directors, the board of directors shall declare the proposed joinder to be disapproved Sub.

147 Page136th 31G.A. As Passed by the Senate shall deliver to the board of county commissioners proposing the 897 establishment a copy of the written notice of the disapproval 898 or, if the withdrawal has not yet been declared to be approved 899 or disapproved, written notice of that fact.

Ifand the withdrawal 900 has been declared to be approved under division (B) of this 901 section, the board shall deliver a copy of the written notice of 902 the approvaldisapproval withto the copyaffected ofboards its resolution approving or 903 disapproving the proposed establishmentexecuted memorandum of 904county understandingcommissioners. entered into under that section.

If anythe board of county commissioners of each county forming the 905existing otherjoint boardsdistrict adopts a resolution ofapproving disapproval,the orproposed joinder and, if any of 906 the othercounties boardsthat initiatedare withdrawalmembers proceedingsof underthe divisionexisting 907joint (B)district ofhas thisinitiated sectiona and the withdrawal eitherfrom hasit beenunder declareddivision 908(B) toof bethis disapprovedsection, underthe thatwithdrawal division or has not yet been 909 declared to be approved or disapproved under that divisiondivision, when 910 the board of countydirectors commissioners so notified the board of 911 county commissioners proposing the establishment, the board of 912 county commissioners proposing the establishment shall declare 913 the proposedjoinder establishment to be disapprovedapproved and shall deliver 914 written notice of the disapprovalapproval to the otheraffected boards.boards of county commissioners.

IfThe allboard of 915directors theshall otherdetermine boardswhether adopt a resolution approving the establishment,joinder 916 and, if any of the other boards initiated such withdrawal 917 proceedings, the withdrawal already has been declared to be 918 approved underor thatdisapproved divisionand whendeliver the boardrequired ofwritten countynotice 919of commissioners delivered the resolutionapproval approvingor thedisapproval 920 establishment to the boardboards of county commissioners proposingof the 921affected establishment,counties thewithin boardthirty thatdays initiatedafter thereceiving proceedings shall 922 declare the establishmentresolutions toof beapproval approvedor anddisapproval shallfrom deliverthe 923boards writtenof noticecounty commissioners of the approvalcounties toforming the otherexisting boards.joint district.

The(4) boardPromptly ofafter 924the countyapproval commissionersof thatthe initiatedjoinder, the proceedingsaffected boards shall 925enter determineinto whetherand theratify establishmentan hasagreement beenunder approveddivision or(A) 926of disapprovedsection and343.01 deliverof the requiredRevised writtenCode noticeto ofjoin the 927county approvalto orthe disapprovaljoint todistrict, theand otherproceedings boardsshall withinbe thirtyinitiated daysin 928accordance Am.with section 3734.521 of the Revised Code to effect the joinder.

The joinder becomes final when the applicable conditions set forth in division (G)(1), (2), (3), or (4) and, if appropriate, division (H)(E) of section 3734.521 of the Revised Code have been met in connection with the change in district composition that involves the joinder.

When the joinder becomes final, the board of county commissioners of the joining county or three members appointed by its legislative authority, if other than a board of county commissioners, shall be added to the board of directors of the joint district.

If one or more counties withdrew from the existing joint district in connection with the change that involved the joinder, the members of the board of directors of the existing joint district from the counties that withdrew shall cease to serve as members of the board of directors on the date that the change becomes final.

(5) For the purposes of this division (C) of this section, "counties forming the existing joint district" include only the following:

(1)(a) The counties that are named as members of the joint district in the solid waste management plan or amended plan of the district approved or ordered to be implemented under section 3734.521, 3734.55, or 3734.56 of the Revised Code in effect when the joinder proceeding was initiated and that have not initiated proceedings to withdraw from the joint district under division (B) of this section 3734.522 of the Revised Code;

(2) Any counties named as members of the joint district in that plan or amended plan that have initiated a withdrawal under division (B) of this section that has been declared to be disapproved under that division;

(3)(b) If joinder proceedings had previously been concluded under this division since that plan or amended plan was approved or ordered to be implemented, any county whose joinder to the district was declared to be approved in those proceedings.

(E)(D)(1) As used in this division:

(a) "Initiating joint district" means the joint district that initiates proceedings for the union of Sub.

147 Page136th 32G.A. As Passed by the Senate after receiving the resolutions of approval or disapproval from 929 the other boards or being otherwise notified by them in 930 accordance with this division.

931 (4) Promptly after the approval of the establishment, the 932 boards shall enter into and ratify an agreement to form the 933 joint district underwith divisionanother (A) of section 343.01 of the 934 Revised Code, and proceedings shall be initiated under section 935 3734.521 of the Revised Code to effect the establishment of the 936 joint district.

The(b) establishment"Joining of the joint districtdistrict" becomesmeans 937 final when the applicablejoint conditionsdistrict setthat forthis inrequested divisionby (G)an 938initiating (1),joint (2),district (3),to orbecome (4)one and,joint ifdistrict appropriate, division (H) (E) of 939 section 3734.521 of the Revised Code have been met in connectionunion. 940 with the change in district composition that involves the 941 establishment.

On(c) the"Counties dateforming that the establishmentexisting becomes final, 942 the boards of county commissioners of the counties establishing 943 the joint districtdistricts" collectivelyincludes constituteonly the boardfollowing: of 944 directors of the joint district, except that if a county with a 945 legislative authority other than a board of county commissioners 946 participates in the joint district, it shall be represented on 947 the board of directors by three persons appointed by the 948 legislative authority of the county.

949(i) (D)(C)(1) The boardcounties that are named as members of countyone commissionersof the joint districts affected by the proposed union in the solid waste management plan or amended plan of athe countyappropriate 950district mayapproved initiateor proceedingsordered to joinbe animplemented existingunder jointsection district3734.521, by3734.55, 951or adopting3734.56 aof resolutionthe requestingRevised membershipCode in effect when the jointunion 952proceeding district.was initiated and that have not initiated proceedings under section 3734.522 of the Revised Code;

Upon(ii) adoptionIf ofjoinder theproceedings resolution,previously thehad boardbeen shallconcluded 953under deliverthis asection copyto ofjoin ita county to an existing joint district affected by the boardproposed ofunion, directorsany ofcounty whose joinder to the existing joint 954district district.was declared to be approved in that proceeding.

955 (2) IfThe the board of countydirectors commissionersof proposinga thejoint 956district joindermay alsoinitiate hasproceedings initiatedfor proceedingsthe tounion withdrawof fromthe andistrict 957with existinganother joint district underby divisionadopting (B)a ofresolution thisrequesting sectionthe 958union. Am.

(3) If the initiating joint district whose board of directors is requesting the union is affected by a withdrawal proceeding initiated under division (B) of this section 3734.522 of the Revised Code, the board of directors of the initiating joint district shall not adopt a resolution requesting the union until after it has declared the proposed withdrawal to be approved or disapproved under division (B) of this the memorandum of understanding has been executed in accordance with that section.

Upon adoption of the resolution, the board shall deliver a copy of it to the board of directors of the joining joint district with which the union is proposed.

Within thirty days after receiving the resolution, the board of directors of the other joining joint district shall deliver written notice to the initiating joint district's board of directors requesting the union as to whether the other joining joint district is affected by a withdrawal proceeding initiated under division (B) of this section 3734.522 of the Revised Code.

If the other joining joint district is so affected, its board of directors shall deliver with the notice a copy of the resolution proposing the withdrawal and a copy of the written notice declaring the withdrawal to be approved or disapproved under division (B) of this section or, if the withdrawal has not yet been declared to be approved or disapproved, written notice of that factmemorandum of understanding executed in accordance with that section.

If the board of directors of the other district declares such a withdrawal to be approved or disapproved within sixty days after the board of directors that requested the union delivered copies of the resolution requesting the union to the boards of county commissioners of the counties forming the existing joint districts, the board of directors of the other district shall deliver written notice of the approval or disapproval of the withdrawal to the board of directors that requested the union.

(4) Within thirty days after receiving from the board of directors of the other joining joint district the written notice as to whether that district is affected by a withdrawal proceeding, the initiating joint district's board of directors requesting the union shall deliver a copy of the resolution requesting the union to the boards of county commissioners of the counties forming the existing Sub.

147 Page136th 33G.A. As Passed by the Senate 3734.522 of the Revised Code, the board shall not adopt a 959 resolution proposing the joinder until after the withdrawal has 960 been declared to be approved under that division memorandum of 961 understanding has been executed in accordance with that section 962 and, upon adopting the resolution, such board shall deliver a 963 copy of the written notice declaring the withdrawal to be 964 approved under that division memorandum of understanding to the 965 board of directors of the joint district along with the 966 resolution proposing the joinder.

Upon receiving the resolution 967 and, if applicable, a copy of the notice of the approval of the 968 withdrawalmemorandum of understanding, the board of directors 969 shall deliver notice of the proposed joinder to the boards of 970 county commissioners of the counties forming the existing joint 971districts. district.

972 (3) Within sixty days after receiving the noticeresolution, of the 973 proposed joinder, each such board of county commissioners shall adopt a resolution 974 approving or disapproving the joinderunion and shall deliver a copy 975 of theit resolution to the initiating joint district's board of directors.directors that requested the union.

If the board of 976 county commissioners of any of the counties forming the existing 977 joint districtdistricts adopts a resolution of disapproval or if any of 978 the counties that are members of the existing joint districtdistricts hadis 979affected initiatedby a withdrawal from it initiated under division (B) of this 980 section that had not yet been declared to be approved or 981 disapproved under that division when the board of county 982 commissioners proposing the withdrawal delivered theirits resolutionsresolution approving or 983 disapproving the joinderproposed union to the board of directors, the board of 984 directors shall declare the proposedunion joinder to be disapproved 985 and shall deliver written notice of the disapproval to the 986board affectedof boardscounty commissioners of countyeach commissioners.of the affected counties.

If the boardboards of county 987 commissioners of eachall countyof the counties forming the existing joint districtdistricts 988adopt adoptsresolutions a resolution approving the proposed joinderunion and, if any 989of Am.the joint districts is affected by a withdrawal proceeding initiated under division (B) of this section, the withdrawal had already been declared to be approved or disapproved under that division when the board of county commissioners of the counties forming the existing joint districts delivered their resolutions approving the proposed union to the board of directors, the board of directors shall declare the union to be approved and shall deliver written notice of that fact to the affected boards of county commissioners.

The board of directors shall determine whether the union has been approved or disapproved and deliver the required written notices of the approval or disapproval to the boards of county commissioners of the counties forming the existing joint districts within thirty days after receiving the resolutions of approval or disapproval from those boards of county commissioners.

(5) Promptly after the approval of the union, the boards of county commissioners of the affected counties shall enter into and ratify an agreement under division (A) of section 343.01 of the Revised Code to unite the districts, and proceedings shall be initiated in accordance with section 3734.521 of the Revised Code to effect the union.

The union becomes final when the applicable conditions set forth in division (G)(1), (2), (3), or (4) and, if appropriate, division (H)(E) of section 3734.521 of the Revised Code have been met in connection with the change in district composition that involves the union.

On the date that the union becomes final, the boards of directors of the former joint districts collectively constitute the board of directors of the united district, except that if one or more counties were joined to any of the existing joint districts in connection with the change in district composition that involved the union, the board of county commissioners or three members appointed by its legislative authority, if other than a board of county commissioners, shall be added to the board of directors of the united district, and except that if one or more counties withdrew from any of the existing joint districts in connection with the change in district composition that involved the union, the board of directors shall not include members from the counties that withdrew from the former joint districts.

For the purposes of this division, "counties forming the existing joint districts" includes only the following:

Sub.

147 Page136th 34G.A. As Passed by the Senate of the counties that are members of the existing joint district 990 has initiated a withdrawal from it under division (B) of this 991 section, the withdrawal has been declared to be approved or 992 disapproved under that division, the board of directors shall 993 declare the joinder to be approved and shall deliver written 994 notice of the approval to the affected boards of county 995 commissioners.

(1) The boardcounties ofthat directorsare shallnamed determineas whethermembers 996of one of the joinderjoint hasdistricts beenaffected approvedby orthe disapprovedproposed andunion deliverin the 997solid requiredwaste writtenmanagement noticeplan or amended plan of the approvalappropriate district approved or disapprovalordered to thebe 998implemented boardsunder ofsection county3734.521, commissioners3734.55, or 3734.56 of the affectedRevised countiesCode withinin 999effect thirtywhen daysthe afterunion receivingproceeding thewas resolutionsinitiated ofand approvalthat orhave 1000not disapprovalinitiated fromproceedings theunder boardsdivision (B) of countythis commissionerssection ofto withdraw from the 1001joint countiesdistricts formingof thewhich existingthey jointwere district.members on that date;

1002(2) (4)Any Promptlycounty afternamed theas approvala member of thea joinder,joint thedistrict 1003 affected boardsby shall enter into and ratify an agreement under 1004 division (A) of section 343.01 of the Revisedproposed Codeunion toin joinany thesuch 1005plan countyor toamended theplan jointthat district,has andinitiated proceedingsa shallwithdrawal beunder initiateddivision 1006(B) inof accordancethis with section 3734.521that ofhas thebeen Reviseddeclared Code to 1007be effectdisapproved theunder joinder.that division;

The(3) If joinder becomesproceedings finalpreviously whenhad thebeen 1008concluded applicableunder conditions set forth in division (G)(1),(D) (2),of (3),this orsection 1009to (4)join and,a ifcounty appropriate,to divisionan (H)(E)existing ofjoint sectiondistrict 3734.521affected ofby 1010 the Revisedproposed Codeunion, haveany beencounty metwhose injoinder connectionto with the changeexisting injoint 1011 district compositionwas thatdeclared involvesto thebe joinder.approved in that proceeding.

WhenSec. the joinder 1012 becomes final, the board of county commissioners of the joining 1013 county or three members appointed by its legislative authority, 1014 if other than a board of county commissioners, shall be added to 1015 the board of directors of the joint district.

If one or more 1016 counties withdrew from the existing joint district in connection 1017 with the change that involved the joinder, the members of the 1018 board of directors of the existing joint district from the 1019 counties that withdrew shall cease to serve as members of the 1020 Am.

S.

B.

No.

147 Page 35 As Passed by the Senate board of directors on the date that the change becomes final.

1021 (5) For the purposes of this division (C) of this section, 1022 "counties forming the existing joint district" include only the 1023 following:

1024 (1)(a) The counties that are named as members of the joint 1025 district in the solid waste management plan or amended plan of 1026 the district approved or ordered to be implemented under section 1027 3734.521, 3734.55, or 3734.56 of the Revised Code in effect when 1028 the joinder proceeding was initiated and that have not initiated 1029 proceedings to withdraw from the joint district under division 1030 (B) of this section 3734.522 of the Revised Code;

1031 (2) Any counties named as members of the joint district in 1032 that plan or amended plan that have initiated a withdrawal under 1033 division (B) of this section that has been declared to be 1034 disapproved under that division;

1035 (3)(b) If joinder proceedings had previously been 1036 concluded under this division since that plan or amended plan 1037 was approved or ordered to be implemented, any county whose 1038 joinder to the district was declared to be approved in those 1039 proceedings.

1040 (E)(D)(1) As used in this division:

1041 (a) "Initiating joint district" means the joint district 1042 that initiates proceedings for the union of the district with 1043 another joint district.

1044 (b) "Joining joint district" means the joint district that 1045 is requested by an initiating joint district to become one joint 1046 district in union.

1047 (c) "Counties forming the existing joint districts" 1048 Am.

S.

B.

No.

147 Page 36 As Passed by the Senate includes only the following:

1049 (i) The counties that are named as members of one of the 1050 joint districts affected by the proposed union in the solid 1051 waste management plan or amended plan of the appropriate 1052 district approved or ordered to be implemented under section 1053 3734.521, 3734.55, or 3734.56 of the Revised Code in effect when 1054 the union proceeding was initiated and that have not initiated 1055 proceedings under section 3734.522 of the Revised Code;

1056 (ii) If joinder proceedings previously had been concluded 1057 under this section to join a county to an existing joint 1058 district affected by the proposed union, any county whose 1059 joinder to the existing joint district was declared to be 1060 approved in that proceeding.

1061 (2) The board of directors of a joint district may 1062 initiate proceedings for the union of the district with another 1063 joint district by adopting a resolution requesting the union.

1064 (3) If the initiating joint district whose board of 1065 directors is requesting the union is affected by a withdrawal 1066 proceeding initiated under division (B) of this section 3734.522 1067 of the Revised Code, the board of directors of the initiating 1068 joint district shall not adopt a resolution requesting the union 1069 until after it has declared the proposed withdrawal to be 1070 approved or disapproved under division (B) of this the 1071 memorandum of understanding has been executed in accordance with 1072 that section.

Upon adoption of the resolution, the board shall 1073 deliver a copy of it to the board of directors of the joining 1074 joint district with which the union is proposed.

Within thirty 1075 days after receiving the resolution, the board of directors of 1076 the other joining joint district shall deliver written notice to 1077 the initiating joint district's board of directors requesting 1078 Am.

S.

B.

No.

147 Page 37 As Passed by the Senate the union as to whether the other joining joint district is 1079 affected by a withdrawal proceeding initiated under division (B) 1080 of this section 3734.522 of the Revised Code.

If the other 1081 joining joint district is so affected, its board of directors 1082 shall deliver with the notice a copy of the resolution proposing 1083 the withdrawal and a copy of the written notice declaring the 1084 withdrawal to be approved or disapproved under division (B) of 1085 this section or, if the withdrawal has not yet been declared to 1086 be approved or disapproved, written notice of that 1087 factmemorandum of understanding executed in accordance with that 1088 section.

If the board of directors of the other district 1089 declares such a withdrawal to be approved or disapproved within 1090 sixty days after the board of directors that requested the union 1091 delivered copies of the resolution requesting the union to the 1092 boards of county commissioners of the counties forming the 1093 existing joint districts, the board of directors of the other 1094 district shall deliver written notice of the approval or 1095 disapproval of the withdrawal to the board of directors that 1096 requested the union.

1097 (4) Within thirty days after receiving from the board of 1098 directors of the other joining joint district the written notice 1099 as to whether that district is affected by a withdrawal 1100 proceeding, the initiating joint district's board of directors 1101 requesting the union shall deliver a copy of the resolution 1102 requesting the union to the boards of county commissioners of 1103 the counties forming the existing joint districts.

Within sixty 1104 days after receiving the resolution, each such board of county 1105 commissioners shall adopt a resolution approving or disapproving 1106 the union and deliver a copy of it to the initiating joint 1107 district's board of directors that requested the union.

If the 1108 board of county commissioners of any of the counties forming the 1109 Am.

S.

B.

No.

147 Page 38 As Passed by the Senate existing joint districts adopts a resolution of disapproval or 1110 if any of the joint districts is affected by a withdrawal from 1111 it initiated under division (B) of this section that had not yet 1112 been declared to be approved or disapproved under that division 1113 when the board of county commissioners proposing the withdrawal 1114 delivered its resolution approving or disapproving the proposed 1115 union to the board of directors, the board of directors shall 1116 declare the union to be disapproved and shall deliver written 1117 notice of the disapproval to the board of county commissioners 1118 of each of the affected counties.

If the boards of county 1119 commissioners of all of the counties forming the existing joint 1120 districts adopt resolutions approving the proposed union and, if 1121 any of the joint districts is affected by a withdrawal 1122 proceeding initiated under division (B) of this section, the 1123 withdrawal had already been declared to be approved or 1124 disapproved under that division when the board of county 1125 commissioners of the counties forming the existing joint 1126 districts delivered their resolutions approving the proposed 1127 union to the board of directors, the board of directors shall 1128 declare the union to be approved and shall deliver written 1129 notice of that fact to the affected boards of county 1130 commissioners.

The board of directors shall determine whether 1131 the union has been approved or disapproved and deliver the 1132 required written notices of the approval or disapproval to the 1133 boards of county commissioners of the counties forming the 1134 existing joint districts within thirty days after receiving the 1135 resolutions of approval or disapproval from those boards of 1136 county commissioners.

1137 (5) Promptly after the approval of the union, the boards 1138 of county commissioners of the affected counties shall enter 1139 into and ratify an agreement under division (A) of section 1140 Am.

S.

B.

No.

147 Page 39 As Passed by the Senate 343.01 of the Revised Code to unite the districts, and 1141 proceedings shall be initiated in accordance with section 1142 3734.521 of the Revised Code to effect the union.

The union 1143 becomes final when the applicable conditions set forth in 1144 division (G)(1), (2), (3), or (4) and, if appropriate, division 1145 (H)(E) of section 3734.521 of the Revised Code have been met in 1146 connection with the change in district composition that involves 1147 the union.

On the date that the union becomes final, the boards 1148 of directors of the former joint districts collectively 1149 constitute the board of directors of the united district, except 1150 that if one or more counties were joined to any of the existing 1151 joint districts in connection with the change in district 1152 composition that involved the union, the board of county 1153 commissioners or three members appointed by its legislative 1154 authority, if other than a board of county commissioners, shall 1155 be added to the board of directors of the united district, and 1156 except that if one or more counties withdrew from any of the 1157 existing joint districts in connection with the change in 1158 district composition that involved the union, the board of 1159 directors shall not include members from the counties that 1160 withdrew from the former joint districts.

1161 For the purposes of this division, "counties forming the 1162 existing joint districts" includes only the following:

1163 (1) The counties that are named as members of one of the 1164 joint districts affected by the proposed union in the solid 1165 waste management plan or amended plan of the appropriate 1166 district approved or ordered to be implemented under section 1167 3734.521, 3734.55, or 3734.56 of the Revised Code in effect when 1168 the union proceeding was initiated and that have not initiated 1169 proceedings under division (B) of this section to withdraw from 1170 the joint districts of which they were members on that date;

1171 Am.

S.

B.

No.

147 Page 40 As Passed by the Senate (2) Any county named as a member of a joint district 1172 affected by the proposed union in any such plan or amended plan 1173 that has initiated a withdrawal under division (B) of this 1174 section that has been declared to be disapproved under that 1175 division;

1176 (3) If joinder proceedings previously had been concluded 1177 under division (D) of this section to join a county to an 1178 existing joint district affected by the proposed union, any 1179 county whose joinder to the existing joint district was declared 1180 to be approved in that proceeding.

1181 Sec.

(A) The board of county commissioners of a 1182 county solid waste management district or the board of directors 1183 of a joint solid waste management district may enter into a 1184 contract or agreement with the owner or operator of a solid 1185 waste facility, or with persons collecting or transporting solid 1186 wastes, to establish and collect on behalf of the district 1187 generation or disposal fees to be used by the district for the 1188 purposes set forth in divisions (G)(1) to (10)division (G) of 1189 section 3734.57 of the Revised Code or to provide other 1190 remuneration or services to or on behalf of the district or its 1191 residents.

1192 (B) The authority provided by division (A) of this section 1193 is cumulative and concurrent with the authority of the board of 1194 county commissioners or directors to enter into contracts or 1195 agreements under other sections of this chapter.

The existence 1196 or exercise of one such authority does not prevent the exercise 1197 of the other.

1198 (C) The authority provided by division (A) of this section 1199 pertaining to disposal or generation fees is cumulative and 1200 concurrent with the authority of the board of county 1201commissioners Am.or directors to levy disposal or generation fees under section 3734.57, 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code.

S.The exercise of the authority provided in any of those sections does not prevent the exercise of the authority provided by division (A) of this section, and the authority provided by division (A) of this section does not prevent the exercise of the authority provided in any of those sections.

B.Sec.

No.

147 Page 41 As Passed by the Senate commissioners or directors to levy disposal or generation fees 1202 under section 3734.57, 3734.571, 3734.572, 3734.573, or 3734.574 1203 of the Revised Code.

The exercise of the authority provided in 1204 any of those sections does not prevent the exercise of the 1205 authority provided by division (A) of this section, and the 1206 authority provided by division (A) of this section does not 1207 prevent the exercise of the authority provided in any of those 1208 sections.

1209 Sec.

(A) The board of county commissioners of a 1210 county solid waste management district and the board of 1211 directors of a joint solid waste management district may fix 1212 reasonable rates or charges to be paid by every person, 1213 municipal corporation, township, or other political subdivision 1214 that owns premises to which solid waste collection, storage, 1215 transfer, disposal, recycling, processing, or resource recovery 1216 service is provided by the district and may change the rates or 1217 charges whenever it considers it advisable.

Charges for 1218 collection, storage, transfer, disposal, recycling, processing, 1219 or resource recovery service shall be made only against lots or 1220 parcels that are improved, or in the process of being improved, 1221 with at least one permanent, portable, or temporary building.Sub.

1222 The rates or charges may be collected by either of the following 1223 means:

1224 (1) Periodic billings made by the district directly or in 1225 conjunction with billings for public utility rates or charges by 1226 a county water district established under section 6103.02 of the 1227 Revised Code, a county sewer district established under section 1228 6117.02 of the Revised Code, or a municipal corporation or other 1229 political subdivision authorized by law to provide public 1230 utility service.

When any such charges that are so billed are 1231 not paid, the board shall certify them to the county auditor of 1232 Am.

147 Page136th 42G.A. As Passed by the Senate the county where the lots or parcels are located, who shall 1233 place them upon the real property duplicate against the property 1234 served by the collection, storage, transfer, disposal, 1235 recycling, processing, or resource recovery service.

Thebuilding. charges 1236 shall be a lien on the property from the date they are placed 1237 upon the real property duplicate by the auditor and shall be 1238 collected in the same manner as other taxes.

1239The (2) Certifying the rates or charges tomay thebe countycollected auditorby 1240either of the countyfollowing wheremeans: the lots or parcels are located, who shall 1241 place them on the real property duplicate against the lots or 1242 parcels.

The(1) Periodic billings made by the district directly or in conjunction with billings for public utility rates or charges areby a liencounty onwater thedistrict propertyestablished fromunder 1243section 6103.02 of the dateRevised theyCode, area placedcounty uponsewer thedistrict realestablished propertyunder duplicatesection by6117.02 of the 1244Revised auditorCode, andor shalla bemunicipal collectedcorporation inor theother samepolitical mannersubdivision asauthorized otherby 1245law taxes.to provide public utility service.

1246When Theany countysuch orcharges jointthat districtare needso billed are not fixpaid, athe rateboard shall certify them to the county auditor of the county where the lots or chargeparcels 1247are located, who shall place them upon the real property duplicate against the property ifserved by the districtcollection, doesstorage, nottransfer, operatedisposal, arecycling, collectionprocessing, 1248or system.resource recovery service.

1249The Wherecharges ashall countybe or joint district owns or operates a solidlien 1250on wastethe facility,property eitherfrom without a collection system or in 1251 conjunction therewith, the boarddate ofthey countyare commissionersplaced orupon 1252 board of directors may fix reasonable rates or charges for the 1253real useproperty ofduplicate the facility by persons,the municipalauditor corporations, 1254 townships, and othershall politicalbe subdivisions,collected may contract with 1255 any public authority or person for the collection of solid 1256 wastes in any part of any district for collection, storage, 1257 disposal, transfer, recycling, processing, or resource recovery 1258 in any solid waste facility, or may lease the facilitysame tomanner anyas 1259other publictaxes. authority or person.

The(2) costCertifying ofthe collection,rates storage,or 1260charges transfer,to disposal,the recycling,county processing,auditor of the county where the lots or resourceparcels recoveryare 1261located, underwho suchshall contractsplace maythem beon paidthe byreal ratesproperty orduplicate chargesagainst fixedthe andlots 1262or Am.parcels.

The rates or charges are a lien on the property from the date they are placed upon the real property duplicate by the auditor and shall be collected in the same manner as other taxes.

The county or joint district need not fix a rate or charge against property if the district does not operate a collection system.

Where a county or joint district owns or operates a solid waste facility, either without a collection system or in conjunction therewith, the board of county commissioners or board of directors may fix reasonable rates or charges for the use of the facility by persons, municipal corporations, townships, and other political subdivisions, may contract with any public authority or person for the collection of solid wastes in any part of any district for collection, storage, disposal, transfer, recycling, processing, or resource recovery in any solid waste facility, or may lease the facility to any public authority or person.

The cost of collection, storage, transfer, disposal, recycling, processing, or resource recovery under such contracts may be paid by rates or charges fixed and collected under this section or by rates and charges fixed under those contracts and collected by the contractors.

All moneys collected by or on behalf of a county or joint district as rates or charges for solid waste collection, storage, transfer, disposal, recycling, processing, or resource recovery service in any district shall be paid to the county treasurer in a county district or to the county treasurer or other official designated by the board of directors in a joint district and kept in a separate and distinct fund to the credit of the district.

The fund shall be used for the payment of the cost of the management, maintenance, and operation of the solid waste collection or other solid waste facilities of the district and, if applicable, the payment of the cost of collecting the rates or charges of the district pursuant to division (A)(1) or (2) of this section.

Prior to the approval of the district's initial solid waste management plan under section 3734.55 of the Revised Code or the issuance of an order under that section requiring the district to implement an initial plan prepared by the director, as appropriate, the fund also may be used for the purposes of division (G)(1) or (3) of section 3734.57 of the Revised Sub.

147 Page136th 43G.A. As Passed by the Senate collected under this section or by rates and charges fixed under 1263 those contracts and collected by the contractors.

1264Code. All moneys collected by or on behalf of a county or joint 1265 district as rates or charges for solid waste collection, 1266 storage, transfer, disposal, recycling, processing, or resource 1267 recovery service in any district shall be paid to the county 1268 treasurer in a county district or to the county treasurer or 1269 other official designated by the board of directors in a joint 1270 district and kept in a separate and distinct fund to the credit 1271 of the district.

TheOn fundand shallafter be used for the paymentapproval of the 1272district's costinitial ofplan theunder management,section maintenance,3734.521 andor operation3734.55 of the solidRevised 1273Code wasteor collectionthe orissuance otherof solidan wasteorder facilitiesunder either of those sections, as appropriate, requiring the district 1274to and,implement ifan applicable,initial theplan paymentprepared ofby the costdirector, ofthe collectingfund thealso 1275may ratesbe orused chargesfor all of the districtpurposes pursuantof divisions (G)(1) to (10)specified in division (A)(1)(G) orof 1276section (2)3734.57 of thisthe section.Revised Code.

PriorThose touses themay approvalinclude, ofin theaccordance district'swith 1277a initialcost solidallocation waste management plan adopted under sectiondivision 3734.55(B) of thethis 1278section, Revised Code or the issuancepayment of anall orderallowable underdirect thatand sectionindirect 1279costs requiringof the districtdistrict, tothe implementsanitary anengineer initialor plansanitary preparedengineering bydepartment, 1280or thea director,federal asor appropriate,state thegrant fundprogram, alsoincurred may be used for the 1281 purposes of divisionthis (G)(1)chapter orand (3)sections of3734.52 sectionto 3734.573734.572 of the 1282 Revised Code.

OnAny andsurplus remaining after thethose approvaluses of the district'sfund 1283may initialbe planused underfor section 3734.521 or 3734.55 of the Revisedenlargement, 1284modification, Code or thereplacement issuance of ansuch orderfacilities underand eitherfor of those sections, 1285 as appropriate, requiring the districtpayment toof implement an initial 1286 plan prepared by the director,interest theand fundprincipal alsoon maybonds beand usedbond foranticipation allnotes 1287issued ofpursuant the purposes of divisions (G)(1) to (10)specified in division 1288 (G) of section 3734.57343.07 of the Revised Code.

ThoseIn usesno maycase 1289shall include,money inso accordancecollected withbe aexpended costotherwise allocationthan planfor adopted under 1290 division (B) of this section, the paymentuse of all allowable 1291 direct and indirectbenefit costs of the district,district. the sanitary engineer 1292 or sanitary engineering department, or a federal or state grant 1293 Am.

A board of county commissioners or directors, instead of operating and maintaining solid waste collection or other solid waste facilities of the district with county or joint district personnel, may enter into a contract with a municipal corporation having territory within the district pursuant to which the operation and maintenance of the facilities will be performed by the municipal corporation.

The products of any solid waste collection or other solid waste facility owned under this chapter shall be sold through competitive bidding in accordance with section 307.12 of the Revised Code, except when a board of county commissioners or directors determines by resolution that it is in the public interest to sell those products in a commercially reasonable manner without competitive bidding.

(B) A board of county commissioners or directors may adopt a cost allocation plan that identifies, accumulates, and distributes allowable direct and indirect costs that may be paid from the fund of the district created in division (A) of this section and prescribes methods for allocating those costs.

The plan shall authorize payment from the fund for only those costs incurred by the district, the sanitary engineer or sanitary engineering department, or a federal or state grant program, and those costs incurred by the general and other funds of the county for a common or joint purpose, that are necessary and reasonable for the proper and efficient administration of the district under this chapter and sections 3734.52 to 3734.572 of the Revised Code.

The plan shall not authorize payment from the fund of any general government expense required to carry out the overall governmental responsibilities of a county.

The plan shall conform to United States office of management and budget Circular A-87 "Cost Principles for State and Local Governments," published January 15, 1983.

(C) A board of county commissioners or directors shall fix rates or charges, or enter into contracts fixing the rates or charges to be collected by the contractor, for solid waste collection, storage, transfer, disposal, recycling, processing, or resource recovery services at a public meeting held in accordance with section 121.22 of the Revised Code.

In addition to fulfilling the Sub.

147 Page136th 44G.A. As Passed by the Senate program, incurred for the purposes of this chapter and sections 1294 3734.52 to 3734.572 of the Revised Code.

Anyrequirements surplusof remainingsection 1295121.22 afterof thosethe usesRevised ofCode, the fundboard, maybefore befixing usedor changing rates or charges for thesolid enlargement,waste 1296collection, modification,storage, transfer, disposal, recycling, processing, or replacementresource ofrecovery suchservices, facilitiesor andbefore forentering theinto 1297a paymentcontract ofthat thefixes interestrates andor principalcharges onto bondsbe andcollected bondby 1298the anticipationcontractor notesproviding issuedthe pursuantservices, toshall sectionhold 343.07at ofleast three public hearings on the 1299proposed Revisedrates, Code.charges, or contract.

InPrior noto casethe first public hearing, the board shall moneypublish sonotice collectedof bethe expendedpublic 1300hearings otherwiseas thanprovided forin section 7.16 of the useRevised andCode benefitor once a week for three consecutive weeks in a newspaper of general circulation in the district.county or counties that would be affected by the proposed rates, charges, or contract.

1301The Anotice boardshall ofinclude countya commissionerslisting or directors, instead of 1302the operatingproposed andrates maintaining solid waste collection or othercharges solidto 1303be wastefixed facilitiesand ofcollected by the districtboard with county or jointfixed districtpursuant 1304to personnel,the may enter into a contract withand acollected municipalby 1305 corporation having territory within the districtcontractor, pursuantand to 1306 which the operationdates, time, and maintenanceplace of theeach facilitiesof will be 1307 performed by the municipalthree corporation.hearings thereon.

1308 The productsboard of any solid waste collection or other solid 1309 waste facility owned under this chapter shall behear soldany throughperson 1310who competitivewishes biddingto intestify accordanceon with section 307.12 of the 1311proposed Revisedrates, Code,charges, except when a board of county commissioners or 1312contract. directors determines by resolution that it is in the public 1313 interest to sell those products in a commercially reasonable 1314 manner without competitive bidding.

1315Sec. (B) A board of county commissioners or directors may adopt 1316 a cost allocation plan that identifies, accumulates, and 1317 distributes allowable direct and indirect costs that may be paid 1318 from the fund of the district created in division (A) of this 1319 section and prescribes methods for allocating those costs.

The 1320 plan shall authorize payment from the fund for only those costs 1321 incurred by the district, the sanitary engineer or sanitary 1322 engineering department, or a federal or state grant program, and 1323 Am.

S.

B.

No.

147 Page 45 As Passed by the Senate those costs incurred by the general and other funds of the 1324 county for a common or joint purpose, that are necessary and 1325 reasonable for the proper and efficient administration of the 1326 district under this chapter and sections 3734.52 to 3734.572 of 1327 the Revised Code.

The plan shall not authorize payment from the 1328 fund of any general government expense required to carry out the 1329 overall governmental responsibilities of a county.

The plan 1330 shall conform to United States office of management and budget 1331 Circular A-87 "Cost Principles for State and Local Governments," 1332 published January 15, 1983.

1333 (C) A board of county commissioners or directors shall fix 1334 rates or charges, or enter into contracts fixing the rates or 1335 charges to be collected by the contractor, for solid waste 1336 collection, storage, transfer, disposal, recycling, processing, 1337 or resource recovery services at a public meeting held in 1338 accordance with section 121.22 of the Revised Code.

In addition 1339 to fulfilling the requirements of section 121.22 of the Revised 1340 Code, the board, before fixing or changing rates or charges for 1341 solid waste collection, storage, transfer, disposal, recycling, 1342 processing, or resource recovery services, or before entering 1343 into a contract that fixes rates or charges to be collected by 1344 the contractor providing the services, shall hold at least three 1345 public hearings on the proposed rates, charges, or contract.

1346 Prior to the first public hearing, the board shall publish 1347 notice of the public hearings as provided in section 7.16 of the 1348 Revised Code or once a week for three consecutive weeks in a 1349 newspaper of general circulation in the county or counties that 1350 would be affected by the proposed rates, charges, or contract.

1351 The notice shall include a listing of the proposed rates or 1352 charges to be fixed and collected by the board or fixed pursuant 1353 to the contract and collected by the contractor, and the dates, 1354 Am.

S.

B.

No.

147 Page 46 As Passed by the Senate time, and place of each of the three hearings thereon.

The board 1355 shall hear any person who wishes to testify on the proposed 1356 rates, charges, or contract.

1357 Sec.

(A)(1) For the purpose of assisting boards 1358 of health and the environmental protection agency in 1359 administering and enforcing this chapter and rules adopted under 1360 it, there is hereby levied a fee of thirty cents per cubic yard 1361 or sixty cents per ton, as applicable, on both of the following:

1362 (a) The disposal of construction and demolition debris at 1363 a construction and demolition debris facility that is licensed 1364 under this chapter or at a solid waste facility that is licensed 1365 under Chapter 3734.

1366 (b) The disposal of asbestos or asbestos-containing 1367 materials or products at a construction and demolition debris 1368 facility that is licensed under this chapter or at a solid waste 1369 facility that is licensed under Chapter 3734.

of the Revised 1370 Code.

1371 (2) The owner or operator of a construction and demolition 1372 debris facility or a solid waste facility shall determine if 1373 cubic yards or tons will be used as the unit of measurement.

If 1374 basing the fee on cubic yards, the owner or operator shall 1375 utilize either the maximum cubic yard capacity of the container, 1376 or the hauling volume of the vehicle, that transports the 1377 construction and demolition debris to the facility or the cubic 1378 yards actually logged for disposal by the owner or operator in 1379 accordance with rules adopted under section 3714.02 of the 1380 Revised Code.

If basing the fee on tonnage, the owner or 1381 operator shall use certified scales to determine the tonnage of 1382 construction and demolition debris that is disposed of.

1383(3) Am.The owner or operator of a construction and demolition debris facility or a solid waste facility shall calculate the amount of money generated from the fee levied under division (A)(1) of this section and shall hold that amount as a trustee for the health district having jurisdiction over the facility, if that district is on the approved list under section 3714.09 of the Revised Code, or for the state.

The owner or operator shall prepare and file with the appropriate board of health or the director of environmental protection monthly returns indicating the total volume or weight, as applicable, of construction and demolition debris and asbestos or asbestos-containing materials or products disposed of at the facility and the total amount of money generated during that month from the fee levied under division (A)(1) of this section on the disposal of construction and demolition Sub.