Ohio Code 3714.021 – Removal of construction wastes and demolition debris
(A) As used in this section, “working face” means the portion of a construction and demolition debris facility where construction and demolition debris is placed for final disposal.
Terms Used In Ohio Code 3714.021
- Board of health: means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709. See Ohio Code 3714.01
- Construction and demolition debris: includes particles and dust created during demolition activities. See Ohio Code 3714.01
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any construction and demolition debris into or on any land or ground or surface water or into the air, except if the disposition or placement constitutes storage. See Ohio Code 3714.01
- Facility: means any site, location, tract of land, installation, or building used for the disposal of construction and demolition debris. See Ohio Code 3714.01
- Health district: means a city or general health district created by or under the authority of Chapter 3709 of the Revised Code. See Ohio Code 3714.01
(B) The owner or operator of a construction and demolition debris facility that is licensed under this chapter shall attempt to remove all solid wastes from construction and demolition debris prior to the disposal of the construction and demolition debris on the working face of the facility. Except as otherwise provided in this division, the existence of solid wastes on the working face of a construction and demolition debris facility does not constitute a violation of this chapter and rules adopted under it if both of the following apply:
(1) The wastes constitute not more than two cubic yards per one thousand cubic yards of construction and demolition debris or four cubic yards per one thousand tons of construction and demolition debris disposed of at the construction and demolition debris facility based on the amount of construction and demolition debris disposed of at the facility on the preceding full business day as determined by using the amount of disposal fees collected under section 3714.07 of the Revised Code for wastes disposed of at the facility on that preceding full business day.
(2) The owner or operator or the employees of the facility remove the solid wastes from the working face of the facility.
The existence of solid wastes on the working face of a construction and demolition debris facility that is located within the boundaries of a sole source aquifer as described in division (B) of section 3714.03 of the Revised Code constitutes a violation of this chapter and rules adopted under it.
(C) The board of health of the health district in which a construction and demolition debris facility is located, the director of environmental protection, or an authorized representative of either shall request the removal of specific, visible solid wastes that are located on the working face of a construction and demolition debris facility, and the owner or operator or the employees of the facility shall remove those solid wastes.