Every so often, it is good to take a look at the laws and regulations to see if changes have been made that could impact your district or facility. The solid waste disposal fees outlined in Ohio Revised Code (ORC) 3734.57 have 8 explanations for fee applicability. The applicability of the fees are listed in ORC 3734.57(D) and if specifically eligible for an exemption, you do not have to pay the state fee, district fee or municipal or township fee. The exemptions and applications include:
Fee Applicability 1 – Solid wastes that are disposed of at a facility owned by the generator of the wastes; solid wastes that are generated from the combustion of coal; and solid wastes that are asbestos or asbestos containing material or products disposed of at a construction and demolition debris facility that is licensed under Chapter 3714. of the Revised Code or at a solid waste facility. This asbestos exemption is fairly new.
Fee Applicability 2 – State fees still apply to solid wastes originating outside the boundaries of a county or joint district that are covered by a joint use agreement.
Fee Applicability 3 – Fees are levied on fly ash and bottom ash remaining for solid waste burned in an incinerator or energy recovery facility. Fees are paid by the landfill where the ash is disposed.
Fee Applicability 4 – Solid wastes delivered to a transfer facility fees for the district, municipality or township are levied at the disposal of solid waste transported from the transfer facility.
Fee Applicability 5 – State, district, municipal and township fees do not apply to sewage sludge that is generated by a waste water treatment facility holding an NPDES permit and that is disposed of through incineration, land application or composting or at another resource or disposal facility that is not a landfill.
Fee Applicability 6 – State, district and municipal and township fees do not apply to solid wastes delivered to a solid waste composting facility for processing. Fees are collected by the operator of the landfill if unprocessed waste or compost product is delivered for disposal.
Fee Applicability 7 – When scrap tires are processed in the state, district and municipal and township fees are levied on the disposal of fly ash and bottom ash and other solid waste remaining after processing of the scrap tires. Fees are collected by the operator of the landfill.
Fee Applicability 8 – The Director of Ohio EPA can issue an order exempting fees for solid wastes including scrap tires, remediating conditions at a hazardous waste facility, solid waste facility or other location where the USEPA, Department of Administrative Services on behalf of the Director or the Director has reason to believe there is a substantial threat to public health or safety or the environment or conditions are contributing to air, water or soil contamination.
The recent addition of asbestos to the list of exemptions means that haulers now pay a fee (in addition to the tipping charge) for the disposal of asbestos only when the material is disposed in a construction and demolition debris landfill. The fees charged at the construction and demolition debris facility are much less than the state, district, municipal and township fees. In addition, asbestos can only go to facilities that are approved to receive asbestos. Not every landfill has that approval.
For more information, contact Michael Greenberg, Owner/Principal Consultant.