Health District Partners

The Ohio Revised Code provides for Ohio EPA to administer and enforce the provisions of Chapters 3714. and 3734., in particular with regard to solid waste facilities, infectious waste treatment facilities, and construction and demolition debris (C&DD) facilities.  In addition to Ohio EPA administering and enforcing the statute, Ohio law specifies that if the director determines that a local health district is both capable of and willing to enforce all applicable requirements of ORC Chapters 3734. and 3714. and the corresponding sections of the OAC, the director may place it on the approved list(s).

In 2017, 66 of Ohio’s 118 local health districts were approved to administer and enforce Ohio’s solid waste, infectious waste, and construction and demolition debris laws and regulations. These approved health districts that are responsible for issuing licenses to facilities, as well as performing inspections of facilities and initiating enforcement actions against owners and operators failing to comply with Ohio’s environmental rules; Ohio EPA provides these same services in unapproved health districts.

The Ohio Environmental Protection Agency (Ohio EPA) Division of Materials and Waste Management conducts a survey of each approved health district on an annual basis. The purpose of the annual survey is to determine whether the health district that the director has authorized to implement the Agency’s programs has been meeting program obligations throughout the survey period.

Cleanup of Unlicensed Accumulations of C&DD

On September 29, 2013, a new piece of legislation became effective to authorize local Health Districts to use Construction and Demolition Debris (C&DD) monies to clean up unlicensed accumulations of C&DD.  Ohio Revised Code Section 3714.074 affords local Health Districts to  use their C&DD monies for these types of clean ups only if:  1) it is the end of the fiscal year and 2) the board of Health determines that it has more money in the fund than is necessary for the board to administer and enforce this chapter and rules adopted under Section 3714. for the following fiscal year.  Additionally, the owner of the property with the accumulation can not have profited from the placement of the C&DD on the site, participated in the placement, had knowledge of the placement activity, or the property was not transferred to evade liability for the activity.

Ohio EPA has developed a form for use by the local Health Districts to evaluate sites with an accumulation of C&DD.  While this form is not required, it  is highly recommended for use, as it provides in-depth documentation, and consistent evaluation of these type of sites.  Ohio EPA is pleased to be able to be a partner in this new program and is always available to assist local Health Districts in meeting their regulatory goals.  Should you have any questions or concerns, please contact Ohio EPA at 614-644-2621.

House Bill 59 (State Budget Bill) was passed by the 130th General Assembly on July 1, 2013.  This bill amended several sections of Ohio law including some changes to ORC Chapter 3714.  These changes became effective September 29, 2013.
The following sections allow use of C&DD funds by board of health to abate abandoned accumulations of C&DD. Note that no rules are necessary to implement the statute.

Sec. 3714.07.
(A)(4) Of the money that is submitted by a construction and demolition debris facility or a solid waste facility on a per cubic yard or per ton basis under this section, a board of health shall transmit three cents per cubic yard or six cents per ton, as applicable, to the director not later than forty-five days after the receipt of the money. The money retained by a board of health under this section shall be paid into a special fund, which is hereby created in each health district, and used solely to for the following purposes:
(a) To administer and enforce this chapter and rules adopted under it;
(b) To abate abandoned accumulations of construction and demolition debris as provided in section 3714.074 of the Revised Code.
Sec. 3714.074. (A) A board of health may use money in the board's special fund created in section 3714.07 of the Revised Code for the purpose specified in division (B) of this section if both of the following apply:
(1) It is the end of the fiscal year.
(2) The board determines that it has more money in the fund than is necessary for the board to administer and enforce this chapter and rules adopted under it for the following fiscal year.
(B) A board of health may use excess money as described in division (A) of this section to abate abandoned accumulations of construction and demolition debris at a location for which a license has not been issued pursuant to section 3714.05 of the Revised Code if the board has reason to believe that there is a substantial threat to public health or safety or the environment and all of the following apply to the property on which the accumulations are located:
(1) The construction and demolition debris was placed on the property under either of the following circumstances:
(a) After the owner of the property acquired title to it;
(b) Before the owner of the property acquired title to it if the owner acquired title to the property by bequest or devise.
(2) The owner of the property did not have knowledge that the construction and demolition debris was being placed on the property, or the owner posted on the property signs prohibiting dumping or took other action to prevent the placing of construction and demolition debris on the property.
(3) The owner of the property did not participate in or consent to the placement of the construction and demolition debris on the property.
(4) The owner of the property did not receive any financial benefit from the placement of the construction and demolition debris on the property or from having the construction and demolition debris on the property.
(5) Title to the property was not transferred to the owner of that property for the purpose of avoiding liability for violations of this chapter or rules adopted under it.
(6) The person responsible for the placement of the construction and demolition debris on the property, in placing the construction and demolition debris on the property, was not acting as an agent for the owner of the property.

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Compliance Assurance Section
Shockley, Alison
Manager (614) 728-5335
Greenlee, Leanne
Environmental Specialist 2, Health Department Liaison (614) 705-1012
Cummins, Adam  Environmental Specialist 2, Health Department Annual Surveys and Mosquito Control Grants
(614) 728-5328
 
     

 800-282-9378