(A) Initial
disclosure statement fees for off-site hazardous waste facilities, solid waste
disposal facilities, infectious waste facilities, solid waste transfer
facilities, scrap tire monocell or monofill facilities, and class I scrap tire
recovery or storage facilities.
Each applicant filing a disclosure statement for a facility of
the type listed in Column 1 of this paragraph, which facility annually receives
wastes within the range listed in Column 2, shall pay to the attorney general
the fee listed in Column 3:
|
Column 1
|
Column 2
|
|
Column 3
|
|
Type of facility:
|
Annual waste receipt in tons greater than or equal
to
|
less than
|
Fee (per facility)
|
|
Off-site solid waste facility, scrap tire monofill or
monocell facilities (other than a transfer facility, an infectious waste
facility, a class I composting facility, or a class I scrap tire recovery or
storage facility) for which a governmental entity neither holds the permit nor
operates the facility
|
|
|
|
|
0
|
30,000
|
$ 5,000
|
|
30,000
|
75,000
|
$10,000
|
|
75,000
|
135,000
|
$15,000
|
|
135,000
|
210,000
|
$20,000
|
|
210,000
|
300,000
|
$25,000
|
|
300,000
|
|
$40,000
|
|
Off-site solid waste facility, scrap tire monofill or
monocell facilities (other than a transfer facility, an infectious waste
facility, a class I composting facility, or a class I scrap tire recovery or
storage facility) for which a governmental entity holds the permit and a
nongovernmental entity operates the
facility
|
|
|
|
|
0
|
30,000
|
$ 2,000
|
|
30,000
|
75,000
|
$ 4,000
|
|
75,000
|
135,000
|
$ 6,000
|
|
135,000
|
210,000
|
$ 8,000
|
|
210,000
|
300,000
|
$10,000
|
|
300,000
|
|
$12,000
|
|
Off-site solid waste facility, scrap tire monofill or
monocell facilities (other than a transfer facility, an infectious waste
facility, a class I composting facility, or a class I scrap tire recovery or
storage facility) for which a governmental entity holds the permit and operates
the facility
|
|
|
|
|
0
|
30,000
|
$ 1,000
|
|
30,000
|
75,000
|
$2,000
|
|
75,000
|
135,000
|
$3,000
|
|
135,000
|
210,000
|
$4,000
|
|
210,000
|
300,000
|
$5,000
|
|
300,000
|
|
$6,000
|
|
Off-site hazardous waste
facility
|
|
|
|
|
0
|
5,000
|
$10,000
|
|
5,000
|
10,000
|
$15,000
|
|
10,000
|
20,000
|
$20,000
|
|
20,000
|
40,000
|
$25,000
|
|
40,000
|
60,000
|
$35,000
|
|
60,000
|
100,000
|
$40,000
|
|
100,000+
|
|
$50,000
|
(B)
Initial disclosure fees for off-site transfer facilities. Each applicant filing
a disclosure statement for an off-site solid waste transfer facility shall pay
to the attorney general a fee of five thousand dollars.
(C) Initial disclosure fees for infectious
waste facilities. Each applicant filing a disclosure statement for an off-site
infectious waste facility shall pay to the attorney general a fee of ten
thousand dollars.
(D) Initial
disclosure fees for class I composting facilities. Each applicant filing a
disclosure statement for a class I composting facility shall pay to the
attorney general a fee of ten thousand dollars.
(E) Initial disclosure statement fees for
class I scrap tire recovery or storage facilities.
Each applicant filing a disclosure s for a class I scrap tire
recovery or storage facility shall pay the attorney general a fee of five
thousand dollars.
(F)
Maintenance fees
(1) Investigative fees. The
attorney general will charge and collect the following maintenance fees for
investigations conducted once every
three
five years.
|
Off-site solid waste facility, scrap tire monofill or
monocell facilities (other than a transfer facility, an infectious waste
facility, a class I composting facility, or a class I scrap tire recovery or
storage facility) for which a governmental entity neither holds the permit nor
operates the facility
|
$5,000 triennially
quinquennially
|
|
Off-site solid waste facility, scrap tire monofill or
monocell facilities (other than a transfer facility, an infectious waste
facility, a class I composting facility, or a class I scrap tire recovery or
storage facility) for which a governmental entity holds the permit and a
nongovernmental entity operates the facility
|
$3,500 triennially
quinquennially
|
|
Off-site solid waste facility, scrap tire monofill or
monocell facilities (other than a transfer facility, an infectious waste
facility, a class I composting facility, or a class I scrap tire recovery or
storage facility) for storage facility) for which a governmental entity holds
the permit and operates the facility:
|
$1,500 triennially
quinquennially
|
|
Off-site hazardous waste facility
|
|
|
Less than 20,000 tons annually
|
$2,500 triennially
quinquennially
|
|
Greater than 20,000 tons annually
|
$5,000 triennially
quinquennially
|
|
Solid waste transfer facility
|
$2,500 triennially
quinquennially
|
|
Infectious waste facility
|
$2,500 triennially
quinquennially
|
|
Class I composting facility
|
$2,500 triennially
quinquennially
|
|
Class I scrap tire recovery or storage
facilities
|
$2,500 triennially
quinquennially
|
(2)
Retained applicant fingerprint database fees. In addition to paragraph (F)(1)
of this rule, the attorney general will charge and collect fees from an
applicant in accordance with section
109.5721
of the Revised Code and the rules adopted thereunder.
(G) Fees applicable to applicants previously
subject to a background investigation.
Each applicant filing a disclosure statement in connection with
a change of ownership, previously subject to a background investigation
conducted by the attorney general pursuant to rules
109:6-1-01 to
109:6-1-05 of the
Administrative Code shall pay to the attorney general a fee according to the
following schedule:
|
Fee (per facility)
|
|
Off-site solid waste facilities, scrap tire monofill or
monocell facilities (including transfer facilities, class I scrap tire recovery
or storage facilities, and class I composting facilities), off-site hazardous
waste facilities, and infectious waste facilities, where the applicant,
permittee or prospective owner has been the subject of a background
investigation conducted by the attorney general within
four
five
years prior to the date of the submission of the disclosure
statement.
|
Fee equal to the applicable maintenance fee chargeable
for such facility pursuant to paragraph (F) of this rule
|
|
Off-site solid waste facilities, scrap tire monofill or
monocell facilities (including transfer facilities, class I scrap tire recovery
or storage facilities, and class I composting facilities), off-site hazardous
waste facilities, and infectious waste facilities, where the applicant,
permittee or prospective owner has not been the subject of a background
investigation conducted by the attorney general within
four
five
years prior to the date of the submission of the disclosure
statement.
|
Fee equal to the applicable initial disclosure
statement fee chargeable for such facility pursuant to paragraph (A), (B), (C),
(D) or (E) of this rule
|
(H)
Timing of payment of fee.
Each applicant filing a disclosure statement
shall pay the fee such that the fee is received by the attorney general no
later than the date upon which the disclosure statement is due, regardless of
whether the disclosure statement is timely filed.
(I) The fee must be paid in a form of
currency or commercial paper acceptable to the attorney general.
(J) The annual waste receipts in column 2 of
paragraph (A) of this rule shall be determined in the following manner:
(1) For a solid waste facility, other than a
transfer station, in operation prior to the date of the adoption of these rules
and for a solid waste facility, other than a transfer facility, for which a
permit has been issued, but at which operation has not commenced;
(a) If the facility has a maximum daily waste
receipt limit established under Chapter 3734. of the Revised Code and rules
promulgated thereunder, the annual waste receipts shall be that limit
multiplied by the number of days of operation per year as stated in the permit
or otherwise by three hundred twelve;
(b) If the facility does not have a maximum
daily waste receipt limit established under Chapter 3734. of the Revised Code
and rules promulgated thereunder, the annual waste receipts shall be the annual
waste receipts for the most recent calendar year which have been reported to
the director of environmental protection pursuant to paragraph (M) of rule
3745-27-19
of the Administrative Code; and
(c)
If the facility does not have a maximum daily waste limit established under
Chapter 3734. of the Revised Code and rules promulgated thereunder or has not
reported annual waste receipts to the director of environmental protection
pursuant to paragraph (M) of rule
3745-27-19
of the Administrative Code, then the annual waste receipts shall be the maximum
daily waste receipt established pursuant to paragraph (C) of section 7 of
Amended substitute House Bill 592 of the 117th General Assembly or any variance
granted from such maximum by the director of environmental protection
multiplied by the number of days of operation per year as stated in the permit
or by three hundred twelve if no permit has been issued;
(2) For all solid waste facilities and
proposed solid waste facilities other than those referred to in paragraph (B),
(C), (D) or (E) of this rule, the annual waste receipts shall be the projected
daily waste receipts contained in the application multiplied by the number of
days of operation per year as projected in the application;
(3) For a hazardous waste facility in
operation prior to the date of the adoption of these rules, those waste
receipts for the most recent calendar year which have been reported to the
director of environmental protection pursuant to rule
3745-54-75 or
3745-65-75 of the
Administrative Code;
(4) For all
hazardous waste facilities and proposed hazardous waste facilities other than
those referred to in paragraph (H)(3) of this rule, the annual quantities of
hazardous waste to be received at the facility as projected or stated in the
application;
(5) If annual waste
receipts cannot be determined pursuant to the procedures established in
paragraphs (G) to (J)(4) of this rule, the applicant or permittee or
prospective owner shall so notify the attorney general thirty days prior to the
date upon which the fee for the disclosure statement is due. The attorney
general shall review whatever other information is available to him or her and
calculate annual waste receipts which are representative of the facility's
current annual waste receipts. The facility shall then pay to the attorney
general within ten days, the fee resulting from the determination of the
attorney general.
(6)
Notwithstanding the above, if the attorney general discovers specific
information which indicates that the annual waste receipts calculated pursuant
to paragraphs (J)(1) to (J)(5) of this rule is less than the current annual
waste receipts, the attorney general may notify the applicant of the specific
information discovered by the attorney general and provide the applicant with
fourteen days in which to explain the discrepancy. After reviewing the
explanation and determining that discrepancy still exists, the attorney general
may require the applicant to pay within ten days an additional fee based upon
the increased level of waste receipts resulting from the specific information
discovered by the attorney general.
(K) If a facility may be classified as more
than one type of facility, the facility shall pay and only pay the highest fee
computed for that facility under this rule.
(L) If waste receipts have been reported to
the director of environmental protection in cubic yards as the unit of
measurement, the waste receipts shall be converted to tons based upon a
conversion factor of three cubic yards per ton generally and one cubic yard per
ton for baled waste.
