2006 Ohio Revised Code - [3734.13.1] 3734.131.Consent to jurisdiction and service prior to transporting wastes into state.

[§ 3734.13.1] § 3734.131. Consent to jurisdiction and service prior to transporting wastes into state.
 

(A) (1)  Except as provided in divisions (D)(1) and (2) of this section, no person shall transport any solid wastes from outside this state to a solid waste facility in this state unless that person has first irrevocably consented in writing to the jurisdiction of the courts of this state and service of process in this state, including, without limitation, summonses and subpoenas, for any civil or criminal proceeding arising out of or relating to the wastes that are shipped to a facility in this state. 

(2) The original of the consent-to-jurisdiction document shall be legible and shall be filed with the director of environmental protection on a form provided by the director. A legible copy of the completed document shall be filed with the owner or operator of each solid waste facility to which the wastes are transported. A consent-to-jurisdiction document applies only to shipments into this state of wastes described in division (A)(1) of this section. 

(3) All consent-to-jurisdiction documents required under division (A)(1) or (3) of this section shall be refiled during the month of December 1995, and during the month of December of every fourth year thereafter. Except as provided in division (D)(1) of this section, after December 31, 1995, or after the thirty-first day of December of every fourth year thereafter, whichever is applicable, no person shall continue to transport any solid wastes from outside this state to a solid waste facility in this state unless the person refiles with the director and the owner or operator of each facility to which the wastes are transported consent-to-jurisdiction documents, in the manner prescribed in division (A)(2) of this section, during the month of December next preceding the period for which the refiled document is required. 

(4) If the address of a person changes from that listed on the current consent-to-jurisdiction document filed under division (A)(1) or (3) of this section, the person shall file amended consent-to-jurisdiction documents containing the new address with the director and the owner or operator of each facility to which the wastes are transported. 

(5) (a) Except as provided in division (D)(1) of this section, no person identified in divisions (D)(2)(a) to (d) of this section shall transport any solid wastes from outside this state to a solid waste facility in this state unless the person has first filed a notification and authorization document naming the person's agent who is authorized to accept service of process in this state, including, without limitation, summonses and subpoenas, for any civil or criminal proceeding arising out of or relating to the wastes that are shipped to a facility in this state. 

The original of the notification and authorization document shall be legible and shall be filed with the director on a form provided by the director. A legible copy of the completed document shall be filed with the owner or operator of each solid waste facility to which the wastes are transported. 

(b) All notification and authorization documents required under division (A)(5) of this section shall be refiled during the month of December 1995, and during the month of December of every fourth year thereafter. Except as provided in division (D)(1) of this section, after December 31, 1995, or after the thirty-first day of December of every fourth year thereafter, whichever is applicable, no person identified in divisions (D)(2)(a) to (d) of this section shall continue to transport any solid wastes from outside this state to a solid waste facility in this state unless the person refiles with the director and the owner or operator of each facility to which the wastes are transported notification and authorization documents, in the manner prescribed in division (A)(5)(a) of this section, during the month of December next preceding the period for which the refiled document is required. 

(c) If a person's agent or the address of a person's agent changes from that listed on the current notification and authorization document filed under division (A)(5)(a) or (b) of this section, the person shall file amended notification and authorization documents containing the name and address of the new agent or the agent's new address with the director and the owner or operator of each facility to which the wastes are transported. 

(B)  A person who enters this state pursuant to a summons, subpoena, or other form of process authorized by this section is not subject to arrest or the service of process, whether civil or criminal, in connection with other matters that arose before his entrance into this state pursuant to the summons, subpoena, or other form of process authorized by this section. 

(C) (1)  Except as provided in division (D)(1) of this section, no owner, operator, or employee of a solid waste facility shall accept for treatment, transfer, storage, or disposal at the facility any solid wastes from outside the boundaries of this state unless the facility has received a copy of the consent-to-jurisdiction document or notification and authorization document required under this section and applicable to the wastes. 

(2) The owner or operator of a solid waste facility shall keep the consent-to-jurisdiction documents and the notification and authorization documents filed with him under this section at the facility in such a location and manner that they are readily accessible to the director or his authorized representative, and the board of health having jurisdiction over the facility and its authorized representative, for the purposes of sections 3734.07 and 3734.10 of the Revised Code. 

(D) (1)  Divisions (A), (B), and (C) of this section do not apply to the transportation, transfer, or disposal of solid wastes from residential premises located less than ten miles outside the boundaries of this state. 

(2) Divisions (A)(1) to (4) of this section do not apply to any of the following: 

(a) A corporation incorporated under the laws of this state that has appointed a statutory agent pursuant to section 1701.07 of the Revised Code; 

(b) A foreign corporation licensed to transact business in this state that has appointed a designated agent pursuant to section 1703.041 [1703.04.1] of the Revised Code; 

(c) A nonresident motor carrier that has designated an agent pursuant to section 4919.77 of the Revised Code; 

(d) Any other person who is a resident of this state. 
 

HISTORY: 142 v H 592 (Eff 6-24-88); 143 v S 382 (Eff 1-1-91); 145 v H 647. Eff 7-22-94.