(A) The director of environmental protection, in accordance with Chapter 119. of the Revised Code, may adopt rules governing the beneficial use of dredged material and the beneficial use of material excavated or dredged from adjacent or connected commercial maritime port facilities that are necessary to protect public health, safety, and the environment.

(B) The director shall ensure that rules adopted under this section establish both of the following:

(1) Criteria for determining when dredged material and material excavated or dredged from adjacent or connected commercial maritime port facilities does not constitute either of the following:

(a) Solid wastes;

(b) Other wastes.

(2) Requirements and procedures for the issuance, modification, suspension, revocation, and denial of an authorization, authorization by rule, and general and individual permits for the beneficial use of dredged material and the beneficial use of material excavated or dredged from adjacent or connected commercial maritime port facilities.

(C) The director shall ensure that the criteria and requirements established in rules adopted under this section are no less stringent than any applicable standard established under federal environmental laws and regulations adopted under them, including the "Federal Water Pollution Control Act Amendments of 1972." 86 Stat. 886. 33 U.S.C. 1251; the "Resource Conservation and Recovery Act of 1976." 90 Stat. 2806. 42 U.S.C. 6921: the "Toxic Substances Control Act." 90 Stat. 2003 (1976). 15 U.S.C. 2601; the "Comprehensive Environmental Response. Compensation, and Liability Act of 1980." 94 Stat. 2779. 42 U.S.C. 9601: and the "Safe Drinking Water Act." 88 Stat. 1660 (1974). 42 U.S.C. 300f.

(D) As used in this section, "solid wastes" has the same meaning as in section 3734.01 of the Revised Code.

Added by 132nd General Assembly File No. TBD, SB 2, §1, eff. 10/6/2017.