Ohio Admin. Code 3745-502-03 - Requirements for collecting, remitting, and reporting solid waste management district disposal and generation fees
(A) Applicability.
This rule establishes the requirements for owners and operators of solid waste transfer and solid waste disposal facilities regarding collecting, remitting, and reporting district disposal and generation fees levied on the transfer and disposal of solid waste as authorized by division (B) of section 3734.57 of the Revised Code for district disposal fees and section 3734.57 3 of the Revised Code for district generation fees. This rule also provides for specific exclusions from the obligations to collect, remit, and report district disposal and generation fees.
(B)
General requirements.
(1) For purposes of
computing the district disposal and generation fees that shall be collected and
remitted in accordance with this rule, the owner or operator of any solid waste
disposal or solid waste transfer facility that does not use scales as a means
of determining gate receipts shall use a conversion factor of three cubic yards
per ton of solid waste or one cubic yard per ton for baled waste, as
applicable.
(2) The district
disposal fees levied under division (B) of section
3734.57 of the Revised Code and
district generation fees levied under section
3734.57 3 of the Revised Code
are in addition to all other applicable fees and taxes and shall be paid by the
customer or a political subdivision to the owner or operator of a solid waste
disposal or solid waste transfer facility notwithstanding the existence of any
provision in a contract that the customer or a political subdivision may have
with the owner or operator of the solid waste disposal or solid waste transfer
facility or with a transporter of waste to the solid waste disposal or solid
waste transfer facility that would not require or allow such payment.
(3) Anyone delivering waste to a solid waste
disposal or solid waste transfer facility shall accurately identify the type of
waste as well as the state and county where the waste originated to the owner
or operator of the receiving solid waste disposal or solid waste transfer
facility.
(a) Waste shall be classified on a
load-by-load basis. A load consists of the waste that is transported in and on
a single delivery vehicle including but not limited to a truck, an individual
rail car, an individual roll-off container, and an individual transfer trailer.
(b) Anyone delivering a load of
waste consisting of waste that originated in more than one county to a solid
waste disposal or solid waste transfer facility shall reasonably estimate the
percentage of the load that came from each county.
(c) The owner or operator of the solid waste
disposal or solid waste transfer facility shall record, in the daily log, each
load of waste received according to the following categories:
(i) Asbestos.
(ii) Construction and demolition debris.
(iii) Unauthorized waste.
(iv) Excluded waste.
(v) Industrial solid waste.
(vi) Municipal solid waste.
(vii) Source separated recyclables.
(d) Anyone delivering a
load of waste that consists of solid waste commingled with construction and
demolition debris or another excluded waste shall identify the entire load as
solid waste.
(C) Collection of district disposal fees.
(1) As a trustee of a district levying a
district disposal fee in accordance with division (B) of section
3734.57 of the Revised Code, the
owner or operator of a solid waste disposal facility located within the
boundaries of the district levying the fee shall collect district disposal fees
on the disposal of solid waste in accordance with the schedule established by
the district under division (B) of section
3734.57 of the Revised Code.
[Comment: Division (B) of section 3734.57 of the Revised Code establishes the range at which district solid waste disposal fees can be set as:
One to two dollars per ton for solid waste generated within the boundaries of the district and disposed at a solid waste disposal facility located within the boundaries of the district.
Two to four dollars per ton for solid waste generated outside the boundaries of the district but within this state and disposed at a solid waste disposal facility located within the boundaries of the district.
One to two dollars per ton for solid waste generated outside the boundaries of this state and disposed at a solid waste disposal facility located within the boundaries of the district. The disposal fee levied on solid waste generated outside the boundaries of this state shall not be more than the disposal fee levied on solid waste generated within the district.
The per ton district disposal fee that the owner or operator of the solid waste facility shall collect depends upon both the fee schedule ratified by the solid waste management district and the point of origin of the solid waste. A solid waste management district must ratify district disposal fees before those fees become effective. Section 3734.57 of the Revised Code prescribes the process that a solid waste management district must undergo to ratify a fee.]
(2) When
solid waste is delivered to a solid waste transfer facility that is located in
this state, the district disposal fees levied under division (B) of section
3734.57 of the Revised Code
shall be assessed upon the disposal of solid waste transported off the premises
of the solid waste transfer facility for disposal and shall be collected by the
owner or operator of the solid waste disposal facility where the wastes are
disposed.
(3) The amount of the
fees required to be collected under this paragraph by the owner or operator of
the solid waste disposal facility shall equal the tonnage of solid waste
received at the solid waste disposal facility multiplied by the applicable
district disposal fees levied under division (B) of section
3734.57 of the Revised
Code.
(4) The owner or operator of
a solid waste disposal facility that receives a load of solid waste commingled
with construction and demolition debris or another excluded waste shall collect
district disposal fees on the entire load of commingled waste in accordance
with this rule.
(5) The owner or
operator of a solid waste disposal facility that meets all of the following
conditions can request that the director approve an alternative means of
collecting district disposal fees on loads consisting of commingled solid waste
and construction and demolition debris when the wastes were received at a solid
waste transfer facility as segregated loads, commingled at the solid waste
transfer facility, and subsequently transported to the solid waste disposal
facility as commingled waste:
(a) The solid
waste transfer facility where the solid waste and the construction and
demolition debris are commingled and the solid waste disposal facility where
the commingled waste is taken for disposal are both owned and operated by the
same company.
(b) All waste that is
transferred from the solid waste transfer facility where the solid waste and
construction and demolition debris are commingled is transported to the same
solid waste disposal facility.
(c)
By the end of the working day, all waste that is accepted at the solid waste
transfer facility will be taken to the solid waste disposal facility.
(d) The daily logs at both the landfill
facility and the solid waste transfer facility can be reconciled at the end of
each working day to be consistent and accurate.
The owner or operator of the solid waste disposal facility requesting an alternative means of collecting district disposal fees shall collect the applicable district disposal fees in accordance with this rule until an alternative means of collecting district disposal fees has been approved by the director.
(D) General requirements for collecting
district generation fees.
(1) As a trustee of
a district levying a generation fee in accordance with section
3734.573 of the Revised Code,
the owner or operator of a solid waste disposal or solid waste transfer
facility, as applicable, that receives solid waste from the district levying
the generation fee shall collect district generation fees on the transfer or
disposal of solid waste and remit those fees to the board in accordance with
section 3734.57 of the Revised Code and
this rule.
[Comment: The amount of the per ton district generation fee that the owner or operator of a solid waste disposal or solid waste transfer facility shall collect depends upon the fee schedule ratified by the district in which the solid waste was generated.]
(2) District generation fees shall be
collected on solid waste by the owner or operator of the solid waste disposal
or solid waste transfer facility located in this state that first receives the
solid waste.
(a) When solid waste is
transported from a solid waste transfer facility that is located in this state
to a solid waste disposal facility, the owner or operator of the solid waste
transfer facility shall collect and remit the applicable district generation
fees. Under these circumstances, the owner or operator of the receiving solid
waste disposal facility shall not be required to collect the district
generation fees.
(b) When solid
waste is transferred from one solid waste transfer facility that is located in
this state to a second solid waste transfer facility, the owner or operator of
the first solid waste transfer facility where the waste is accepted shall
collect and remit the applicable district generation fees. Under these
circumstances, the owner or operator of the second solid waste transfer
facility shall not be required to collect the district generation fees.
(c) When solid waste is taken to a
solid waste disposal facility that is located in this state without first being
delivered to a solid waste transfer facility that is located in this state, the
owner or operator of the solid waste disposal facility shall collect and remit
the district generation fees.
(3) The owner or operator of a solid waste
disposal or solid waste transfer facility that receives a load of solid waste
commingled with either construction and demolition debris or another excluded
waste shall collect district generation fees on the entire load of commingled
waste in accordance with this rule.
(E) Collection of district generation fees at
a solid waste transfer facility.
(1) In the
case of solid waste that is taken to a solid waste transfer facility located in
this state prior to being transported to a solid waste disposal facility for
disposal, the owner or operator of the solid waste transfer facility shall
collect the district generation fees levied in accordance with section
3734.573 of the Revised
Code.
(2) If the solid waste that
is accepted at the solid waste transfer facility is not processed at that solid
waste transfer facility to remove materials for recycling, then the amount of
fees that the owner or operator of the solid waste transfer facility shall be
required to collect under this paragraph shall equal the total tonnage of solid
waste received at the solid waste transfer facility multiplied by the district
generation fees levied in accordance with section
3734.573 of the Revised
Code.
(3) If the owner or operator
of the solid waste transfer facility recovers materials for recycling from
solid waste at the solid waste transfer facility, then the owner or operator of
the solid waste transfer facility shall collect district generation fees levied
in accordance with section
3734.573 of the Revised Code in
accordance with one of the following:
(a) The
owner or operator of the solid waste transfer facility shall collect district
generation fees on the entire tonnage of solid waste received at the solid
waste transfer facility. The amount of fees required to be collected under this
paragraph shall equal the total tonnage of solid waste received at the solid
waste transfer facility multiplied by the district generation fees levied in
accordance with section
3734.573 of the Revised Code.
[Comment: If the owner or operator of a solid waste transfer facility collects district generation fees on the entire tonnage of solid waste received at the solid waste transfer facility and materials are subsequently recovered for recycling at the solid waste transfer facility, then the owner or operator of the solid waste transfer facility shall not retain any portion of the fees that were collected, including the fees that were collected on the materials that were recovered for recycling at the solid waste transfer facility. Because the owner or operator of the solid waste transfer facility is collecting the district generation fees as a trustee of the board of the district levying the fees, it would not be appropriate for the owner or operator to retain any portion of the fees that are collected. Therefore, the owner or operator shall remit the entire amount of district generation fees collected to the board of the district levying the fees.]
(b) The owner or operator of a solid waste
transfer facility where ongoing, active material processing and recovery of
recyclable materials takes place can apply for an adjustment factor to account
for the material that will be recovered from the waste stream. If such an
adjustment factor has been approved by the director in accordance with this
rule, then the owner or operator of the solid waste transfer facility shall
collect district generation fees on the tonnage of solid waste received at the
solid waste transfer facility that has been adjusted to account for material
that will be recovered for recycling.
[Comment: This provision allows owners and operators of material recovery facilities, also referred to as MRFs, to adjust the amount of waste upon which they assess district generation fees. In this manner, the adjustment allows the owner or operator of the MRF to account for the recyclable materials that will be recovered from mixed solid waste, and are therefore not subject to fees, prior to assessing district generation fees on the solid waste received at the MRF].
(i) Prior to adjusting the tonnage of solid
waste upon which district generation fees are collected, the owner or operator
of the solid waste transfer facility shall obtain approval from the director
for the adjustment factor that will be used as the basis for the adjustment.
(ii) The owner or operator of the
solid waste transfer facility shall submit a request for an adjustment factor
to the director in writing. The request shall include, at a minimum, a detailed
description of the recovery process and the average recovery rate achieved at
the solid waste transfer facility in the previous three calendar years. The
owner or operator shall calculate the average recovery rate by dividing the
tonnage of recyclable materials recovered from all solid waste processed at the
solid waste transfer facility by the tonnage of all solid waste processed at
the solid waste transfer facility during the calendar year. If the owner or
operator requests an adjustment factor that is not based on the recovery rate
for the previous three calendar years, then the written request must include
adequate information to justify the use of the requested adjustment factor.
(iii) The amount of the adjustment
shall equal the total tonnage of solid waste in a load received at the facility
multiplied by the adjustment factor that was approved by the director.
(iv) The owner or operator of the
solid waste transfer facility shall collect fees on the total tonnage of solid
waste received at the solid waste transfer facility minus the adjustment
quantity calculated in accordance with paragraph (E)(3)(b)(iii) of this rule.
The amount of fees required to be collected under this rule shall equal the
adjusted tonnage of solid waste as calculated in accordance with this paragraph
multiplied by the district generation fees levied under section
3734.573 of the Revised Code.
[Comment: The following is an example of how to calculate the amount of district generation fees that the owner or operator of the solid waste transfer facility would collect when recyclable materials are recovered from waste: In 2007, a load weighing ten tons is accepted at the solid waste transfer facility. In 2006, the owner or operator of the solid waste transfer facility recovered, on average, thirteen per cent of solid waste that was processed at the facility and received approval from the director for an adjustment factor of thirteen per cent. The solid waste management district where the waste was collected levies a district generation fee of five dollars per ton of solid waste generated. The owner or operator would collect fees on 8.7 tons of solid waste (10 tons x .13 = 1.3 tons; 10 tons - 1.3 tons = 8.7 tons.). Thus, the owner or operator would be required to remit forty-three dollars and fifty cents in district generation fees to the board ( 8.7 tons x $ 5.00 = $ 43.50 ).]
(v) If
a load of solid waste is accepted at the solid waste transfer facility but is
not processed to recover recyclable materials, then the owner or operator of
the solid waste transfer facility shall collect district generation fees on the
entire tonnage of the load of solid waste.
(vi) The owner or operator shall, in the
annual report required in accordance with paragraph (AA) of rule
3745-27-23
of the Administrative Code, calculate the recovery rate achieved during the
year for which the annual report was prepared.
(vii) The owner or operator of the solid
waste transfer facility shall request approval from the director for a revised
adjustment factor if either of the following conditions occur:
(a)
The recovery rate
calculated in accordance with paragraph (E)(3)(b)(vi) of this rule is lower
than the adjustment factor approved by the director in accordance with
paragraph (E)(3)(b)(i) of this rule. In this case, the owner or operator of the
solid waste transfer facility shall submit a request for approval of a revised
adjustment factor to the director by no later than the first of May of the year
in which the owner or operator was required to submit the annual report
containing the lower recovery rate.
(b)
At any time during the
year, the owner or operator of the solid waste transfer facility alters either
the process that is used to recover recyclables from solid waste or the types
of recyclables recovered from solid waste in a manner that will result in a
lower recovery rate. In this case, the owner or operator of the solid waste
transfer facility shall submit a request for a revised adjustment factor to the
director within thirty days after making the alteration.
The owner or operator of the solid waste transfer facility requesting approval for a revised adjustment factor shall continue to apply the existing approved adjustment factor until the director has approved the revised adjustment factor.
(4) The owner or operator of a solid waste
transfer facility where incidental amounts of recyclables are recovered from
solid waste shall collect district generation fees in accordance with either of
the following:
(a) On each load of waste in
accordance with paragraph (E)(3)(a) of this rule.
(b) On the weight of each load of solid waste
after recyclables have been recovered. The amount of fees the owner or operator
of the solid waste transfer facility shall be required to collect under this
paragraph shall equal the net tonnage of solid waste remaining in a load of
waste after recyclables have been recovered multiplied by the district
generation fees levied under section
3734.573 of the Revised
Code.
(F)
Collection of district generation fees at a solid waste disposal facility.
(1) In the case of solid waste that is
transported to a solid waste disposal facility located in this state without
first being delivered to a solid waste transfer facility located in this state,
the owner or operator of the solid waste disposal facility where the wastes are
received shall collect the district generation fees levied in accordance with
section 3734.573 of the Revised
Code.
(2) In the case of solid
waste that is transported from a solid waste transfer facility that is located
in this state to a solid waste disposal facility, the owner or operator of the
receiving solid waste disposal facility shall not be required to collect the
district generation fees levied under section
3734.573 of the Revised
Code.
(3) The amount of the fees
required to be collected under this paragraph by the owner or operator of the
solid waste disposal facility shall equal the total tonnage of solid waste that
was not previously taken to a solid waste transfer facility located in this
state multiplied by the district generation fees levied under section
3734.573 of the Revised
Code.
(G) Submitting
district disposal and generation fee return forms and remitting district
disposal and generation fees to the board.
(1) The owner or operator of a solid waste
disposal or solid waste transfer facility that is required to collect district
disposal and generation fees pursuant to this rule shall prepare and file
monthly district disposal and generation fee return forms on a form prescribed
by the board.
(2) The monthly
district disposal and generation fee return forms required by paragraph (G)(1)
of this rule shall indicate, at a minimum, the total tonnage of solid waste
received at the facility during that month, the total amounts of the district
disposal and generation fees required to be collected on that waste during that
month under this rule, and the amounts of district disposal and generation fees
remitted with the monthly district disposal and generation fee return form.
(a) When solid waste is transferred from one
solid waste transfer facility located in this state to a second solid waste
transfer facility located in this state, the owner or operator of the second
solid waste transfer facility shall indicate on the monthly district disposal
and generation fee return form the total tonnage of solid waste received from
solid waste transfer facilities located in this state during that month for
which district generation fees were required to be collected by the owner or
operator of the first solid waste transfer facility.
(b) The owner or operator of a solid waste
disposal facility shall indicate on the monthly district disposal and
generation fee return form the total tonnage of solid waste received during
that month from solid waste transfer facilities located in this state during
that month for which the district generation fees were required to be collected
by the owners and operators of those solid waste transfer facilities.
(3) The owner or
operator of a solid waste disposal or solid waste transfer facility that is
required to collect district disposal and generation fees pursuant to this rule
shall remit the entire amount of fees required to be collected to the board.
(4) Not later than thirty days
after the last day of the month to which a monthly district disposal and
generation fee return applies, the owner or operator of a solid waste disposal
or solid waste transfer facility, as appropriate, shall either mail or, if
acceptable to the board,
such capabilities exist, electronically
transmit to the board the monthly district disposal and generation fee return
form for that month together with the district disposal and generation fees
required to be collected under this rule during that month as indicated on the
monthly district disposal and generation fee return form.
(H) Extensions and late fees.
(1) The owner or operator of a solid waste
disposal or solid waste transfer facility may request an extension of not more
than thirty days for filing the monthly district disposal and generation fee
return form and remitting the district disposal and generation fees. The owner
or operator shall submit the request in writing to the board together with a
detailed description of why the extension is requested. For the request to be
considered, the board shall receive the request not later than the day on which
the district disposal and generation fee return form is required to be filed.
Such an extension shall not be effective unless the request has been approved
by the board in writing.
(2) If the
district disposal and generation fees are not remitted within the thirty days
after the last day of the month to which the district disposal and generation
fee return applies or are not remitted by the last day of an extension approved
by the board, then the owner or operator of the solid waste disposal or solid
waste transfer facility shall pay a late fee. The late fee shall continue to
accrue each month until the district disposal and generation fees are remitted.
The late fee shall be an additional ten per cent of the amount of the district
disposal and generation fees for each month or portion thereof that the fees
are late.
(3) The late fee shall be
calculated using the following formula: total late fee due = (total amount of
district disposal and generation fees that are late) x ( 0.10 ) x (number of
months that the district disposal and generation fees are late, expressed as a
whole number).
(4) For purposes of
calculating the late fee, all of the following apply:
(a) The first month in which district
disposal and generation fees are late begins on the first day after the
deadline has passed for timely submitting the return and fees as specified in
paragraph (G)(4) of this rule.
(b)
One additional month shall be counted every thirty days thereafter.
(c) The full amount of the late fee (i.e. the
full ten per cent) is accrued on the first day of each month that the district
disposal and generation fees are late.
(d) The late fee will not be prorated
according to the number of days that the district disposal and generation fees
are late.
[Comment: The following is an example of how to calculate the
amount of the late fee that shall be paid to the board: The owner or operator
of a solid waste disposal facility is required to remit district disposal fees
totaling one thousand dollars by June thirtieth. The owner or operator doesn't
remit the fees until July first. The late fee would be calculated as follows:
($1,000 x 0.10 x 1 = $100.) Thus, the owner or operator is required to remit
one thousand one hundred dollars by July thirty-first. If the owner or operator
remits the district disposal fees on or after August first then the owner or
operator will owe
(I) Exemptions.
(1) The director may issue an order exempting
from the fees levied under division (B) of section
3734.57 of the Revised Code or
section 3734.57 3 of the Revised Code
solid wastes, including, but not limited to, scrap tires, that are generated,
transferred, or disposed of as a result of a contract providing for the
expenditure of public funds entered into by the administrator or regional
administrator of the United States environmental protection agency, the
director, or the director of administrative services on behalf of the director
for the purpose of remediating conditions at a hazardous waste facility, solid
waste facility, or other location at which the administrator or regional
administrator or the director has reason to believe that there is a substantial
threat to public health or safety or the environment or that the conditions are
causing or contributing to air or water pollution or soil
contamination.
(2) An order issued
by the director under paragraph (I)(1) of this rule shall include a
determination that the amount of the district disposal and generation fees not
received by a district as a result of the order will not adversely impact the
implementation and financing of the district's approved solid waste management
plan and any approved amendments to the plan.
(3) An order issued by the director under
paragraph (I)(1) of this rule is a final action of the director.
(J) Exclusions and qualifications.
(1) The district disposal fees levied in
accordance with division (B) of section
3734.57 of the Revised Code and
district generation fees levied in accordance with section
3734.57 3 of the Revised Code do
not apply to the following:
(a) Solid wastes
that are disposed of at a solid waste disposal facility owned by the generator
of the wastes when the solid waste disposal facility exclusively disposes of
solid waste generated at one or more premises owned by the generator regardless
of whether or not the solid waste disposal facility is located on a premises
where the solid waste is generated.
(b) Solid wastes that are disposed of at
facilities that exclusively dispose of wastes that are generated from the
combustion of coal, or from the combustion of primarily coal in combination
with scrap tires, that is not combined in any way with garbage at one or more
premises owned by the generator.
(c) Sewage sludge that is generated by a
waste water treatment facility holding a national pollution discharge
elimination system permit and that is disposed of through incineration, land
application, composting, or at another resource recovery or disposal facility
that is not a sanitary landfill facility.
(d) Materials that have been separated from a
mixed waste stream for recycling by a generator and materials that have been
recovered from the solid waste stream for recycling
(2) The district disposal fees levied in
accordance with division (B) of section
3734.57 of the Revised Code
and the district generation fees levied in accordance
with section 3734.573 of the Revised
Code do not apply to solid wastes delivered to a solid waste composting
facility for processing. When any unprocessed solid waste or compost product is
transported off the premises of a composting facility and disposed of at a
landfill, the district disposal fees levied under division (B) of section
3734.57 of the Revised Code
and the district generation fees levied in accordance
with section 3734.57 3 of the Revised
Code shall be collected by the owner or operator of the landfill where
the unprocessed waste or compost product is disposed of.
(3) The district generation fees levied in
accordance with section
3734.573 of the Revised Code do
not apply to yard waste delivered to a solid waste composting facility for
processing or to a solid waste transfer facility.
(4) When solid wastes, other than solid
wastes that consist of scrap tires, are burned in a disposal facility that is
an incinerator or an energy recovery facility, the district disposal fees
levied under division (B) of section
3734.57 of the Revised Code
shall be assessed upon the disposal of the fly ash and bottom ash remaining
after burning the solid waste and shall be collected by the owner or operator
of the sanitary landfill facility where the ash is disposed.
(5) Except as provided in section
3734.571 of the Revised Code,
any district disposal fees levied under division (B)(1) of section
3734.57 of the Revised Code
apply to solid waste originating outside the boundaries of a district that is
covered by an agreement for the joint use of solid waste facilities entered
into under section 343.02 of the Revised Code by
the board of the district where the wastes are generated or disposed.
(6) When solid wastes that consist of scrap
tires are processed at a scrap tire recovery facility, the district disposal
fees levied under division (B) of section
3734.57 of the Revised Code
shall be assessed upon the disposal of the fly ash, bottom ash, or other solid
wastes remaining after the processing of the scrap tires and shall be collected
by the owner or operator of the sanitary landfill facility where the ash or
other solid wastes are disposed.
(7) When solid wastes that are burned in a
disposal facility that is an incinerator or a solid waste energy recovery
facility are delivered to a solid waste transfer facility prior to being
transported to the incinerator or solid waste energy recovery facility where
they are burned, the district generation fee levied under division (A) of
section 3734.573 of the Revised Code
shall be assessed on the wastes delivered to the solid waste transfer facility
and shall be collected by the owner or operator of the solid waste transfer
facility.
(8) When solid wastes
that are burned in a disposal facility that is an incinerator or a solid waste
energy recovery facility are not delivered to a solid waste transfer facility
prior to being transported to the incinerator or solid waste energy recovery
facility where they are burned, the district generation fee levied under
division (A) of section
3734.573 of the Revised Code
shall be assessed on the wastes delivered to the incinerator or solid waste
energy recovery facility and shall be collected by the owner or operator of the
incinerator or solid waste energy recovery facility.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.57, 3734.573
Rule Amplifies: 3734.57, 3734.573
Prior Effective Dates: 11/17/1988 (Emer.), 3/9/1989 (Emer.), 6/12/1989, 3/9/2009, 12/09/2010
Promulgated Under: 119.03
Statutory Authority: 3734.57
Rule Amplifies: 3734.57
Prior Effective Dates: 11/17/88 (Emer.), 3/9/89 (Emer.), 6/12/89, 3/9/09
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