(A) A municipal corporation or township
may levy an infectious waste host fee of not more than five dollars per ton on
the treatment of infectious waste at an off-site infectious waste treatment
facility located within the boundaries of the municipal corporation or township
regardless of where the waste was generated. The legislative authority of a
municipal corporation or township may levy infectious waste host fees under
this paragraph by enacting an ordinance or adopting a resolution establishing
the amount of infectious waste host fees. Upon enaction of an ordinance or
adoption of a resolution, the legislative authority shall mail a copy of the
ordinance or resolution by certified mail or any other form of mail accompanied
by a receipt to the director, the board of health of the health district having
jurisdiction within the municipal corporation or township, and the owner or
operator of each off-site infectious waste treatment facility located in the
municipal corporation or township.
(B) If a township or municipal
corporation has enacted an ordinance or adopted a resolution levying infectious
waste host fees on the off-site treatment of infectious waste as authorized by
section 3734.024 of the Revised Code, the owner or operator of the off-site
infectious waste treatment facility shall, as a trustee of the township or
municipal corporation, commence collection of the infectious waste host fee on
the sixtieth day after the effective date of the ordinance or adoption of the
resolution.
(C) The owner or operator of the off-site
infectious waste treatment facility shall prepare monthly infectious waste host
fee returns using forms prescribed by the municipal corporation or township
that at a minimum report the total tonnage of infectious waste treated at the
off-site infectious waste treatment facility and the total amount of infectious
waste host fees collected under section 3734.024 of the Revised Code. Not later
than sixty days after the end of the month to which such a return applies, the
owner or operator of the off-site infectious waste treatment facility shall
remit to the treasurer or to the clerk the return for that month together with
the infectious waste host fees that were to be levied on all infectious waste
treated during the month as reported on the infectious waste host fee
return.
If the infectious waste host fee return and
infectious waste host fees are not remitted within sixty days of the last day
of the month to which the return applies, the owner or operator of the off-site
infectious waste treatment facility shall pay an additional fifty per cent of
the amount of the infectious waste host fees for each month or fraction thereof
that the fees were late. The late fee shall continue to accrue each month until
the infectious waste host fees are remitted. The late fee shall be calculated
using the following formula: total late fee due = (amount of infectious waste
host fees that are late) x (.5) x (number of months that the infectious waste
host fees are late, expressed as a whole number or fraction).
(D) The treasurer of a municipal
corporation shall deposit moneys received into the general fund of the
municipal corporation. The clerk of a township shall deposit moneys received
into the general fund of the township. The treasurer or the clerk, as
appropriate, shall maintain separate records of the moneys received from the
infectious waste host fees levied under this rule.
(E) The township or municipal corporation
shall use money collected pursuant to this rule exclusively for the following
purposes:
(1) Providing financial
assistance to the board of health of the health district having jurisdiction
within the municipal corporation or township for the enforcement of the
infectious waste provisions of Chapter 3734. of the Revised Code and rules,
orders, and terms and conditions of permits and licenses adopted or issued
thereunder.
(2) Providing local
emergency response services in connection with an off-site infectious waste
treatment facility and the transportation of infectious wastes to an off-site
infectious waste treatment facility.
(3) Providing funding to
a municipal corporation or township for conducting environmental monitoring
programs in connection with off-site infectious waste treatment facilities
located within the municipal corporation or township.
(F) If an off-site infectious waste
treatment facility is located in more than one township or municipal
corporation, each may adopt an infectious waste host fee equal to the fraction
of the land area of the infectious waste treatment facility located within the
township or municipal corporation multiplied by five dollars per ton of
infectious waste treated by the infectious waste treatment
facility.
