Ohio Admin. Code 3745-27-90 - Standards for solid waste management districts
This rule incorporates the goals
established in the 2020 "State
|
Goal |
Subject |
Rule Location |
|
Goal 1 |
Opportunity to recycle |
paragraph (E) |
|
Goal 2 |
Waste reduction and |
paragraph (F) |
|
Goal 3 |
Minimum outreach and education |
paragraph (G) |
|
Goal 4 |
Outreach plan and general requirements |
paragraph (H) |
|
Goal 5 |
Industrial programs and services |
paragraph (I) |
|
Goal 6 |
Restricted solid wastes,
|
paragraph (J) |
|
Goal 7 |
Economic incentives |
paragraph (K) |
|
Goal 8 |
Greenhouse gas reduction |
paragraph (L) |
|
Goal 9 |
Market development |
paragraph (M) |
|
Goal 10 |
Reporting |
paragraph (N) |
(A)
For the purposes of this rule, terms are defined as
follows:
(1)
"Commercial recycling opportunities" means recycling service providers, drop
off locations, buy back operations, scrap yards, and material recovery
facilities that provide commercial and industrial sectors the ability to
recycle. Commercial recycling opportunities include recycling opportunities
that allow for the collection of at least five of the following
materials:
(a)
Corrugated cardboard.
(b)
Mixed paper or any of the following grades of
paper:
(i)
Office paper.
(ii)
Newspaper.
(iii)
Magazines.
(c)
Paperboard.
(d)
Glass beverage
and food containers.
(e)
Steel beverage and food containers.
(f)
Aluminum beverage
and food containers.
(g)
Plastic bottles and jugs.
(h)
Pallets.
(i)
Packaging.
[Comment: For the purposes of this rule, the term "commercial businesses" is used to refer to commercial businesses and institutions.]
(2)
"Drop off
recycling locations" means only those recycling locations that meet the
following:
(a)
Allow residents to easily find and access the site.
(b)
Provide a minimum
of six cubic yards of capacity.
(c)
Include signs
that provide at a minimum the following information:
(i)
The location of
the site.
(ii)
The materials that are accepted.
(iii)
The days and
hours of operation.
(d)
Are serviced in
frequencies that meet the demand of the intended population, use of the site,
and prevent overflows.
(3)
"Full-service
rural drop-off recycling location" means a drop-off recycling location in a
political subdivision with a residential population of less than five thousand
and at a minimum is available forty hours per week.
(4)
"Full-service
urban drop-off recycling location" means a drop-off recycling location in a
political subdivision with a residential population of five thousand or more
and at a minimum is available forty hours per week.
(5)
"Mixed solid
waste material recovery facility" means a facility where recyclables are
recovered from mixed solid waste .
(6)
"Non-subscription curbside recycling service" means a curbside recycling
service that at a minimum is available as follows:
(a)
To residents
living in single-family homes.
(b)
Such that
residents are automatically enrolled in the curbside recycling service and
automatically receive a collection receptacle.
(c)
Such that a
resident can choose not to participate but cannot opt out of paying for the
curbside recycling service.
(d)
To include a
minimum pick up frequency of once every two weeks.
(7)
"Part-time
drop-off recycling location" means a drop-off recycling location in a political
subdivision that is available at a regularly scheduled time at a minimum of
once a month.
(8)
"Political subdivision" has the same meaning as in
division (F) of section
2744.01 of the Revised
Code.
(9)
"Reference year" means the year prior to the year the
solid waste management district begins preparing a solid waste management plan
pursuant to section 3734.56 of the Revised Code
unless otherwise designated in the solid waste management plan.
(10)
"Residential
recycling opportunities" means subscription and non-subscription curbside
recycling services, drop-off recycling locations, and mixed solid waste
recovery facilities that provide residents with the ability to recycle.
Residential recycling opportunities include recycling opportunities that allow
for the collection of at least five of the following materials:
(a)
Corrugated
cardboard.
(b)
Mixed paper or any of the following grades of
paper:
(i)
Office paper.
(ii)
Newspaper.
(iii)
Magazines.
(c)
Paperboard.
(d)
Glass beverage
and food containers.
(e)
Steel beverage and food containers.
(f)
Aluminum beverage
and other containers.
(g)
Plastic bottles and jugs.
(11)
"Subscription
curbside recycling " means a curbside recycling service that at a minimum is
available as follows:
(a)
To all residents living in single-family
homes.
(b)
To all residents that have trash collection service due
to an ordinance, franchise agreement, or another mechanism established by the
political subdivision.
(c)
Such that residents decide whether to receive curbside
recycling service.
(d)
Only to those residents that subscribe and submit
payment for the curbside recycling service.
(e)
To include a
minimum pick up frequency of once every two weeks.
(B)
A
solid waste management district preparing a solid waste management plan
pursuant to section 3734.55 of the Revised Code,
amending a solid waste management plan pursuant to section
3734.56 of the Revised Code, or
addressing a material change in circumstances pursuant to division (D) of
section 3734.56 of the Revised Code
shall prepare a solid waste management plan in accordance with paragraphs (C)
to (M) of this rule and section
3734.53 of the Revised
Code.
(C)
A solid waste management district shall prepare a solid
waste management plan in a format prescribed by the director in accordance with
division (A) of section
3734.53 of the Revised
Code.
(D)
A solid waste management district shall submit the
solid waste management plan to the director . The director shall not approve a
solid waste management plan unless the director determines that the solid waste
management plan meets the requirements of this rule.
(E)
The solid waste
management plan shall include a demonstration that residents and commercial
businesses in each county of the solid waste management district have the
opportunity to recycle solid waste .
(1)
The demonstration for providing residential recycling
opportunities shall include the following:
(a)
An inventory of
the residential recycling opportunities that existed in the reference
year.
(b)
Population credits assigned to curbside recycling
services as follows:
(i)
For a subscription curbside recycling service, the
population credit is assigned using one of the following methods, whichever is
greater:
(a)
The total population of the political subdivision where subscription to a
curbside recycling service is available multiplied by twenty-five per
cent.
(b)
The population of the political subdivision using the
subscription curbside recycling service based on the actual number of
subscriptions to the subscription curbside recycling service or another measure
of participation.
(c)
The number of households within the political
subdivision with the ability to use the subscription curbside recycling service
multiplied by 2.6 people per household multiplied by twenty-five per
cent.
(ii)
For a non-subscription curbside recycling service, the
population credit is the total population of the political subdivision where a
non-subscription curbside recycling service is available.
(c)
Population credits assigned to drop-off recycling locations as follows:
(i)
For a
full-service urban drop-off recycling location, the population credit is five
thousand.
(ii)
For a full-service rural drop-off recycling location,
the population credit is two thousand five hundred.
(iii)
For a part-time
drop-off recycling location, the population credit is two thousand five
hundred.
(iv)
The solid waste management district may assign a higher
population credit to a drop-off recycling location if the solid waste
management plan demonstrates higher participation based on the tons of
recyclables recovered at the drop-off recycling location. The format prescribed
by the director establishes the demonstration method.
(d)
Population credits assigned to a mixed solid waste material
recovery facility as follows:
(i)
For a mixed solid waste material recovery facility that
has an overall recovery rate of fifteen per cent or greater, the population
credit is the population that generates the solid waste taken to the mixed
solid waste material recovery facility.
(ii)
For a mixed
solid waste material recovery facility that has an overall recovery rate of
less than fifteen per cent, a population credit is based on the following
calculation: The population that generates the solid waste taken to a mixed
solid waste material recovery facility x (the recovery rate expressed as a
percentage/fifteen per cent).
(e)
A calculation of
the percentage of the residential population in each county of the solid waste
management district that had the opportunity to recycle in the reference year.
For the purposes of this rule, the calculation shall consist of summing the
populations credits assigned to each recycling opportunity in accordance with
paragraph (E)(1) of this rule, dividing the sum by the total population of the
county, and multiplying the quotient by one hundred.
(f)
A demonstration
of either of the following:
(i)
The solid waste management district had sufficient
recycling opportunities in the reference year to provide a minimum of eighty
per cent of the residential population within each county of the solid waste
management district the opportunity to recycle.
(ii)
The solid waste
management district will implement new or upgraded recycling opportunities to
provide a minimum of eighty per cent of the residential population within each
county of the solid waste management district the opportunity to recycle by the
third anniversary of the date the director approved the solid waste management
plan.
(g)
Details regarding the additional recycling
opportunities the solid waste management district will implement pursuant to
paragraph (E)(1)(f)(ii) of this rule and a demonstration that those
opportunities will be implemented as follows:
(i)
In accordance
with a schedule established in the solid waste management plan.
(ii)
By the third
anniversary of the date the director approved the solid waste management
plan.
(h)
A solid waste management district may submit a request
to the director to reduce the eighty per cent opportunity to recycle
established in paragraph (E)(1)(f) of this rule. The request shall contain a
justification for how current and planned recycling opportunities are
sufficient to achieve the specifications of paragraph (E)(1)(f) of this rule.
Potential demonstration factors may include but are not limited to the
following:
(i)
Current or planned recycling drop-off sites are located on
transportation corridors.
(ii)
Current or
planned recycling drop-off sites are located near the border of two political
subdivisions within the district that serve residents from both political
subdivisions.
(iii)
Recycling drop-off locations are in high traffic
areas.
(iv)
Current or planned recycling drop-off sites are in
areas where curbside service is not currently available.
(v)
Drop-offs serve
multi-family households.
(vi)
Other factors requested by Ohio EPA.
(i)
A
demonstration of either of the following:
(i)
The solid waste
management district will implement and maintain sufficient recycling
opportunities throughout the entire planning period to provide a minimum of
eighty percent of the residential population the opportunity to
recycle.
(ii)
If the director approved a waiver in accordance with
paragraph (E) (1)(h) of this rule, how the solid waste management district will
make sufficient recycling opportunities available throughout the entire
planning period for the approved per cent of the residential
population.
(j)
Details of how the solid waste management district will
encourage participation in available recycling opportunities.
(2)
The
demonstration for providing commercial recycling opportunities shall include
the following:
(a)
An inventory of the commercial recycling opportunities
that existed in the reference year.
(b)
A demonstration
of one of the following:
(i)
The solid waste management district had sufficient
commercial recycling opportunities in the reference year to give commercial
generators within each county of the solid waste management district the
opportunity to recycle.
(ii)
The solid waste management district will implement new
or upgraded commercial recycling opportunities to give commercial generators
within each county of the solid waste management district the opportunity to
recycle by the third anniversary of the date the director approved the solid
waste management plan.
(c)
Details regarding
the additional commercial recycling opportunities the solid waste management
district will implement pursuant to paragraph (E)(2)(b)(ii) of this rule and a
demonstration that those opportunities will be implemented as follows:
(i)
In accordance
with a schedule established in the solid waste management plan,
and.
(ii)
By the third anniversary of the date the director
approved the solid waste management plan.
(d)
A demonstration
that the solid waste management district will implement and maintain sufficient
commercial recycling opportunities throughout the entire planning period to
give commercial generators within each county of the solid waste management
district the opportunity to recycle.
(3)
If the solid
waste management district achieved a reduction and recycling rate for the
residential and commercial sector of less than twenty-five per cent in the
reference year, the solid waste management plan shall provide a demonstration
that the solid waste management district will achieve annual increases in the
reduction and recycling rate for the residential and commercial
sector.
(F)
The solid waste management plan shall demonstrate that
the solid waste management district will meet the goal of a twenty five per
cent waste reduction and recycling rate for solid wastes generated by the
residential and commercial sector. At a minimum, the demonstration shall
include the following:
(1)
An inventory of the solid waste generated by the
residential and commercial sector that was recycled in the reference
year.
(2)
A calculation of the percentage of solid waste
generated by the solid waste management district 's residential and commercial
sector that was reduced and recycled in the reference year. The format
prescribed by the director establishes the calculation. A solid waste
management district shall not credit the following materials to the calculation
of achieving the reduction and recycling percentage:
(a)
Train
boxcars.
(b)
Metals from motor vehicle salvage operations, including
auto bodies, auto parts, and other vehicle bodies or parts.
(c)
Construction and
demolition debris.
(d)
Manure.
(e)
Agricultural
waste.
(f)
Waste used as alternative daily cover pursuant to rule
3745-27-19 of the Administrative
Code.
(g)
Municipal sewage sludge , unless the solid waste
management district can demonstrate the municipal sewage sludge previously was
disposed in a solid waste landfill facility. The format prescribed by the
director establishes the demonstration method.
(h)
Recyclables
collected through a recycling opportunity that are disposed or used within the
limits of waste placement at a solid waste landfill facility.
(3)
A
demonstration of either of the following:
(a)
The solid waste
management district achieved a reduction and recycling rate of twenty-five per
cent for the residential and commercial sector in the reference
year.
(b)
The solid waste management district will implement new
or upgraded programs to reduce or recycle additional solid waste adequate to
achieve a reduction and recycling rate of twenty five per cent for the
residential and commercial sector by the third anniversary of the date the
director approved the solid waste management plan.
(4)
Details regarding
the additional reduction and recycling programs the solid waste management
district will implement pursuant to paragraph (F)(3)(b) of this rule and a
demonstration that those reduction and recycling programs will be implemented
as follows:
(a)
In accordance with a schedule established in the solid waste
management plan.
(b)
By the third anniversary of the date the director
approved the solid waste management plan.
(5)
A demonstration
that the solid waste management district will maintain a minimum reduction and
recycling rate of at least twenty-five per cent for the residential and
commercial solid waste throughout the entire planning period.
(G)
The
solid waste management plan shall demonstrate that the solid waste management
district will provide at a minimum the following outreach and education
resources:
(1)
A website.
(2)
A comprehensive
resource guide that includes a compilation of reduction and recycling
opportunities for specific materials.
(3)
An inventory of
the currently available solid waste recycling opportunities and management
infrastructure within the solid waste management district .
(4)
A person who can
function as a speaker or presenter when needed.
(H)
The solid waste
management plan shall include an outreach and marketing plan that establishes
the solid waste management district 's strategy for providing education,
outreach, marketing, and technical assistance regarding reduction, recycling ,
composting , reuse, and other alternative waste management methods. The outreach
and marketing plan shall include the following:
(1)
Strategies to
address all the following target audiences within the solid waste management
district :
(a)
Residents, including those in single and multi-family
units.
(b)
Schools.
(c)
Industries.
(d)
Institutions and
commercial businesses.
(e)
Communities and elected officials.
(2)
A
demonstration that the solid waste management district will adhere to the
following best practices when selecting programs and strategies to address the
target audiences specified in paragraph (H)(1) of this rule:
(a)
Familiarization
with the available solid waste management infrastructure within the
district.
(b)
Providing outreach within the context of the solid
waste management infrastructure.
(c)
Developing and
implementing an effective outreach strategy that may include but is not limited
to the following:
(i)
Establishing measurable outcomes.
(ii)
Understanding of
the needs of different audiences.
(iii)
Maintaining a
consistent message across all marketing and outreach
initiatives.
(iv)
A focus on changing behavior within the
district.
(v)
An evaluation of the results of the outreach program to
determine if the program achieved the desired outcome.
(3)
An outreach priority and a description of the programs
the solid waste management district will provide for all appropriate target
audiences to achieve the outreach goal.
(I)
The solid waste
management plan shall include a strategic initiative for the industrial sector
consisting of a minimum of three programs the solid waste management district
will make available to industrial generators. The programs may include but are
not limited to the following:
(1)
Waste audits and assessments.
(2)
Assistance with
contracting for recycling services.
(3)
Assistance with
identifying grants for developing or improving recycling .
(4)
Workshops.
(5)
Assistance with
establishing recycling and waste reduction programs.
(6)
Assistance with
improving existing recycling programs.
(7)
Collaboration
through the "Ohio Materials Marketplace."
[Comment: The "Ohio Materials
Marketplace" is a free online platform allowing businesses and organizations to
connect and find reuse and
(8)
Business roundtables.
(9)
Revolving loan
funds.
(10)
Waste reduction analysis.
(11)
Extended
producer responsibility opportunities.
(12)
Industrial
recycling cooperatives.
(13)
Collection service.
(14)
Other programs
or activities identified by the solid waste management district or Ohio
EPA.
(J)
The solid waste management plan shall include
strategies for managing the following:
(1)
Scrap
tires.
(2)
Household hazardous wastes.
(3)
Yard
waste .
(4)
Lead-acid batteries.
(5)
Electronic
devices.
(K)
The solid waste management plan shall include an
evaluation of how economic incentives can be incorporated into the solid waste
management district 's programs and activities.
(L)
The solid waste
management plan shall include an evaluation of the impact of recycling programs
on reducing greenhouse gases.
(M)
A solid waste
management district may include market development strategies for promoting the
use of recycled products and developing local markets for recovered materials
in the solid waste management plan. A market development strategy is not a
mandatory element of a solid waste management plan.
(N)
A solid waste
management district shall submit an annual district report to Ohio EPA on a
form prescribed by the director not later than the first day of June each year.
Information contained in the report shall be based on the previous calendar
year. The report shall evaluate the solid waste management district 's
implementation of the strategies, programs, and activities listed in the
implementation schedule of the solid waste management district 's approved solid
waste management plan and the progress made toward the waste reduction and
recycling requirements established in paragraphs (E) to (M) of this rule. The
annual district report shall include the following:
(1)
A detailed
account of the status of the ongoing, new, and proposed facilities, strategies,
programs, and activities listed in the implementation schedule of the solid
waste management district 's approved solid waste management
plan.
(2)
An inventory of the solid waste management methods that
are available in the solid waste management district as alternatives to
landfilling such as reducing, recycling , and composting and the types and
quantities of municipal solid waste , yard waste , and industrial waste managed
by these methods during the year.
(3)
A description of
waste reduction and recycling activities that occurred during the year and the
amount reduced and recycled.
(4)
Quantities of
waste generated in the solid waste management district that were disposed in
out-of-state landfills.
(5)
Copies of revisions, additions, or rescissions of the
solid waste management district 's rules adopted under division (G) of section
343.01 of the Revised
Code.
(6)
An inventory of municipalities and townships that levy
a host community fee under division (C) of section
3734.57 of the Revised Code and
the host community fee collected.
Replaces: 3745-27-90
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.50
Rule Amplifies: 343.01, 3734.53
Prior Effective Dates: 06/01/1994, 08/01/1996, 05/10/2001, 05/23/2014
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