(A) As used in this section:

(1) "Blast furnace slag" means a nonmetallic material that is an intended output or intended result of the melting of iron ore or iron pellets together with coke and a flux in a blast furnace, that is sold and distributed in the stream of commerce as a product.

(2) "Steel slag" means an intended output or intended result of the use of an electric arc furnace or basic oxygen furnace to make steel that is all of the following:

(a) Not a hazardous waste;

(b) Poured from the furnace in a molten state, cooled, and processed to remove all free metallic;

(c) Sold and distributed in the stream of commerce as a product.

(B) For purposes of this chapter, "industrial waste" and "other wastes" do not include blast furnace slag or steel slag regardless of whether it is placed on the ground, placed below grade, or used in products that come into contact with the ground or are placed below grade.

(C) No person shall place or manage blast furnace slag or steel slag in a manner that results in any of the following:

(1) An exceedance of a water quality standard, including narrative standards, adopted under section 6111.041 of the Revised Code;

(2) An exceedance of a primary or secondary maximum contaminant level in ground water adopted under section 6109.04 of the Revised Code;

(3) A discharge that is prohibited by. or for which a permit is required by. United States environmental protection agency regulations, except in accordance with such permit;

(4) A threat to public health or safety or the environment.

(D) The director of environmental protection or the director's duly authorized representative may enter at reasonable times on any private or public property to inspect and investigate conditions or examine records relating to alleged noncompliance with this section.

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