Ohio Seeks to Establish Background Checks for Construction
and Demolition Debris Landfills
To the extent that construction
and demolition debris (C&DD) materials do not
contain hazardous substances, the regulation of
this particular type of waste relies principally
on state law. Thus, requirements relating to things
like siting criteria for a facility that solely
handles C&DD wastes or a combination of solid
and C&DD wastes inevitably differ from state
to state. For instance, in some states such as Ohio,
disclosure statements and background investigations
are required for various facilities such as those
handling solid waste, hazardous waste, infectious
waste or low-level radioactive waste. However, neither
the disclosure statement nor the background investigatory
requirements in Ohio apply to C&DD facilities.
While some states include materials
that make up C&DD in their definition of solid
waste, in Ohio, C&DD wastes are separated and
are not currently subject to the stricter siting
criteria and background checks applicable to solid
waste facilities. However, despite this fact, the
landscape in Ohio may be changing, making it more
difficult to establish C&DD landfills.
In August 2005, a special panel
with a mandate to study the regulation of C&DD
landfills in Ohio held a contentious hearing where
a former state senator demanded the regulations
be revised in three areas:
•The creation
of a system to provide notice of the submission
of an application for a C&DD landfill to neighbors
and businesses in the location proposed as the site
of the facility;
•A requirement that the state Environmental
Protection Agency assist local health departments
in evaluating applications; and
•The strengthening of siting requirements.
As if to echo the statements of
the former senator, the Ohio legislature is considering
a bill1 that would change the existing requirements
for C&DD facilities, making the permitting system
more in-depth for a would-be operator. The proposed
amendment would require any person proposing to
open a new C&DD facility to hold a public meeting
in the township or municipal corporation where the
proposed facility is to be located, provide notice
of the public meeting in the local newspaper, and
mail a copy of the notice to the director of the
Ohio EPA.
The legislative proposal further
requires the submission of a disclosure statement
and a background investigation and report by the
state’s attorney general. The disclosure statement
must be submitted to the attorney general no later
than 180 days before the application for a C&DD
facility is submitted to the state EPA or the board
of health. The proposal also requires the submission
of a disclosure statement 180 days prior to any
change in ownership of an operating facility or
for a closed facility that the prospective owner
intends to operate. In a case where the parties
to a change in ownership decide to proceed with
the exchange before the EPA approves the application,
the proposed law requires all contracts to include
language making the change in ownership subject
to EPA approval.
The proposed change in the law
would also require annual disclosure statements
on the anniversary of the initial submission that
address any changes or additional information. Where
there have been no changes or additional information,
the annual submission can simply consist of an affidavit
stating there have been no changes.
Disclosure submissions also would
have to be made on an as-needed basis within 90
days of a number of triggering events such as the
addition of a new officer, director, partner, key
employee or business concern; or a new criminal
conviction. The consequences for failing to submit
the required disclosure statements would be extremely
severe, including the revocation or denial of the
license giving the facility the legal authority
to operate.
So, what must be included in a
disclosure statement? While not a comprehensive
list, some examples of the general categories of
information include:
•Operational
items such as a description of the proposed operations
in terms of tonnage and facilities operated.
• Contact and identification
information for the applicant, or if the applicant
is a business concern, for all officers, directors,
partners and key employees, along with their fingerprints,
a description of their experience and credentials
and an organizational chart or diagram
.•A list of all Notices
of Violation received over a five-year time frame
and a listing and explanation of all pending or
final criminal and civil prosecutions or government
administrative enforcement actions.
A full understanding of the existing
siting, disclosure and investigatory requirements
in your state, as well as proposed legislative changes
to those requirements, are essential to the success
of any business decision related to a proposal to
establish or take over a C&DD operation.
1H.B. No. 75, 126th General Assembly,
Regular Session 2005-2006.
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