Compliance Monitoring and Enforcement Program

The Division of Solid and Infectious Waste Management (DSIWM) is responsible for monitoring statewide compliance with Ohio's solid waste landfill, transfer facility, infectious waste, and construction and demolition debris rules. DSIWM's Compliance Monitoring and Enforcement Unit (CMEU) is located at the Central Office in Columbus, Ohio and is responsible for administering the compliance assurance program by providing technical assistance and rule interpretations to regulated facilities, Ohio EPA district offices, and local health departments. CMEU also processes enforcement actions when necessary to address violations of Ohio's rules and regulations.

Compliance monitoring helps solid waste landfill, transfer facility, infectious waste, composting, construction & demolition debris, and scrap tire facility owners and operators determine their compliance with Ohio's operational rules. This is done by assisting the owners and operators of these facilities better understand the Ohio EPA's requirements. CMEU also answers questions from citizens, Ohio EPA District Office Inspectors and Engineers, and Health Department Sanitarians regarding rule interpretation and application. DSIWM's goal is to achieve compliance primarily through assistance, rather than through an enforcement action. Enforcement actions occur, however, when an individual, or a facility owner/operator is not in substantial compliance with Ohio's environmental laws and formal action is necessary to establish a schedule to attain and maintain compliance.  DSIWM's enforcement authority for solid and infectious waste facilities is established in Ohio Revised Code (ORC) 3734.09, ORC 3734.10, and ORC 3734.13. Enforcement authority for construction and demolition debris facilities is established in ORC 3714.10, ORC 3714.11, and ORC 3714.12.

Enforcement actions may include:

• Warning Letters;
• Administrative Orders by the Director (Both Consensual Agreements and Unilateral Orders);
• Revocation or Denial of a Permit, Registration, or License;
• Referral to the Attorney General's Office for Judicial Action

CMEU facilitates a variety of activities, including:

• Providing technical assistance to the Ohio EPA's District Offices, Health Departments, and the regulated community. The Ohio EPA Approved List of Health Departments can be found on the Compliance Monitoring documents Menu.
• Developing guidance documents and training sessions on compliance monitoring and enforcement procedures.  Guidance documents are explanations of the Ohio EPA's position on the application of its regulations.
   
• Reviewing and making recommendations to the Director on background investigations done by the Attorney General's Office for certain types of solid waste facilities in Ohio. Background investigations are required to be conducted annually to determine whether the applicant exhibits sufficient reliability, expertise and competency to operate solid and/or infectious waste facilities in the state of Ohio. The requirements for background investigations are found in ORC 3734.40 through ORC 3734.44.
   
• Reviewing financial assurance documents for all permitted facilities and certain facilities that require a registration.
   
• Processing enforcement referrals received from the district offices.