(A) The director of environmental protection, in accordance with Chapter 119 of the Revised Code, may adopt rules governing the beneficial use of dredged material and the beneficial use of material excavated or dredged from adjacent or connected commercial maritime port facilities that are necessary to protect public health, safety, and the environment.

Terms Used In Ohio Code 6111.34

  • Other wastes: means garbage, refuse, decayed wood, sawdust, shavings, bark, and other wood debris, lime, sand, ashes, offal, night soil, oil, tar, coal dust, dredged or fill material, or silt, other substances that are not sewage, sludge, sludge materials, or industrial waste, and any other "pollutants" or "toxic pollutants" as defined in the Federal Water Pollution Control Act that are not sewage, sludge, sludge materials, or industrial waste. See Ohio Code 6111.01
  • Pollution: means the placing of any sewage, sludge, sludge materials, industrial waste, or other wastes in any waters of the state. See Ohio Code 6111.01
  • Rule: includes regulation. See Ohio Code 1.59

(B) The director shall ensure that rules adopted under this section establish both of the following:

(1) Criteria for determining when dredged material and material excavated or dredged from adjacent or connected commercial maritime port facilities does not constitute either of the following:

(a) Solid wastes;

(b) Other wastes.

(2) Requirements and procedures for the issuance, modification, suspension, revocation, and denial of an authorization, authorization by rule, and general and individual permits for the beneficial use of dredged material and the beneficial use of material excavated or dredged from adjacent or connected commercial maritime port facilities.

(C) The director shall ensure that the criteria and requirements established in rules adopted under this section are no less stringent than any applicable standard established under federal environmental laws and regulations adopted under them, including the “Federal Water Pollution Control Act Amendments of 1972,” 86 Stat. 886, 33 U.S.C. § 1251; the “Resource Conservation and Recovery Act of 1976,” 90 Stat. 2806, 42 U.S.C. § 6921; the “Toxic Substances Control Act,” 90 Stat. 2003 (1976), 15 U.S.C. § 2601; the “Comprehensive Environmental Response, Compensation, and Liability Act of 1980,” 94 Stat. 2779, 42 U.S.C. § 9601; and the “Safe Drinking Water Act,” 88 Stat. 1660 (1974), 42 U.S.C. § 300f.

(D) As used in this section, “solid wastes” has the same meaning as in section 3734.01 of the Revised Code.

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