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State of Ohio - Controlling Board Request
STATE OF OHIO
CONTROLLING BOARD
30 East Broad Street, 34th Floor
Columbus, Ohio 43215-3457
(614) 466-5721 FAX:(614) 466-3813
FUND/APPROPRIATION REQUEST Controlling Board No.
EPA0100133
Status:  Approved
Meeting Date:  12/4/2017

GENERAL INFORMATION

Agency
Environmental Protection Agency


Division/Institution
Central Support

Authorization Requested Pursuant
to Revised Code Section 131.35
Increase Appropriation Authority
Create a New Fund
Establish Appropriation Authority
Fiscal Year(s)
2018
Bill No.
49

FUNDING INFORMATION
Fund
Group
Fund
Code
Appropriation
Line Item
Fund/Appropriation
Line Item Name
FYCurrent Appropriation AmountAmount of Increase or New Fund Total
Appropriation Amount
DPF 5320 715646 Recycling & Litter Prevention 2018
$4,698,000.00
$500,000.00
$5,198,000.00

SIGNATURES
     
Craig W. Butler 12/04/2017
   
Agency Director or Authorized Agent On The Date Of
   
11/13/2017 Christine Morrison
   
Date Controlling Board President/OBM Director
   
AGENCY CONTACT
Name:  Donald J McNeal Title:  Fiscal Officer
Phone:  (614) 644 - 2345 Fax:  (614) 728 - 1856 E-Mail:  don.mcneal@epa.ohio.gov
REQUIRED EXPLANATION OF REQUEST
  The Environmental Protection Agency respectfully requests Controlling Board approval to increase appropriation in the Recycling and Litter Prevention line item 715646 by $500,000 to fund costs associated with site remediation of the Good Deeds, LLC/Quality Farms property located in Dayton, Ohio 45404.
 
  Over a two-year period of operation, the Good Deeds facility, which was previously owned by Quality Farms, accepted beer, wine, and soft drink products that were expired, mislabeled or produced incorrectly. The products were not processed and recycled in a manner consistent with environmental laws, regulations, and local health code requirements. They were stockpiled outside and in warehouses and trailers. The property has become an open dump site and Ohio EPA has issued a notice of violation to the current owner, Good Deeds, LLC, directing them to process or properly remove and dispose of the product. Ohio EPA is also reviewing legal options to pursue Good Deeds for penalties and cleanup costs.

The local health department has also issued orders related to site conditions, including issues related to rats, mosquitoes and the open drainage of unwanted liquid into the local storm drainage system. Trapping results have indicated that West Nile virus exists in mosquito that have been collected on the property. Although the local health department has sprayed for mosquito, the health concern will remain until the site is remediated. Additionally, there is an elementary school approximately 300 feet from the site in question.

The current owner has neither the financial nor operational capacity to remove the material. Ohio EPA is requesting appropriation authority of $300,000, for the collection and removal of litter and waste material outside of the buildings. This will eliminate the immediate environmental and health concerns before the material begins to freeze and burst from the cans and bottles. We are requesting additional appropriation authority of $200,000, for a total of $500,000, that may be used if the material inside the buildings must also be removed. In addition to pursuing Good Deeds, Ohio EPA is working with the beer, wine and soft drink producers and distributors to seek reimbursement for the cost of the cleanup.
 
  PA-132  
Attachments Controlling Board Request No.: EPA0100133
Attachment TypeAttachment Description
No attachments found.

Fund/Appropriation Request 
Required Information
Controlling Board Request No.: EPA0100133
1. Identify the source of additional revenue (e.g., increase in fee, increase in state or federal grants, etc.).
  The source of revenue is construction and demolition debris disposal fees, which have already been collected.
   
2. If applicable, explain why creating and/or increasing a new fund and/or line item is more appropriate than depositing the revenue into an existing fund and increasing the appropriation authority of an existing line item.
  N/A
   
3.
Time line: Has the revenue been received? Yes
 
Provide the receipt date of the revenue. Ongoing - monthly
4. For federal funds only, provide the following information:
 
a. Grant identification number from the Catalog of Federal Domestic Assistance:
b. Amount of state matching funds required: 0
c. Source (appropriation line item) of that match:
d. Statutory or executive authority for participation in the program:
  Include a brief summary of the text or a copy of the reference.  
 
   
5. How will the additional appropriation and/or cash be used?
  To fund the remediation of the Good Deeds, LLC/Quality Farms property which contains a significant stockpile of outdated and off-spec beer, wine and soft drink products. The site has been declared an open dump and a notice of violation has been issued to the current and previous property owners. The waste material/litter will be removed by a contractor and transported to and disposed at a licensed solid waste facility.
   
  Provide the following information below relative to this budgetary adjustment. NOTE: If a new fund and new appropriation authority are being requested, the "Current" and "Requested" columns are not required.
 
Account Category Account Category Description Current Appropriation Authority Requested Increase in Appropriation Total Appropriation Authority
500   Personal Services - Payroll   $644,000.00   $0.00   $644,000.00
510   Purchases Personal Services and Others   $52,500.00   $0.00   $52,500.00
520   Supplies and Maintenance   $305,500.00   $500,000.00   $805,500.00
530   Equipment   $25,000.00   $0.00   $25,000.00
550   Subsidies and Shared Revenue   $3,671,000.00   $0.00   $3,671,000.00
570   Capital Items   $0.00   $0.00   $0.00
590   Judgements, Settlements and Bonds   $0.00   $0.00   $0.00
Other   Other   $0.00   $0.00   $0.00
Total: $4,698,000.00 $500,000.00 $5,198,000.00
   
6. For each additional amount shown in the table, provide a short description of what the dollars will be used to accomplish. For example, if increasing a subsidy account category, provide detail on the added recipients or the allocation formula for distribution of moneys. For Account Category 500, respond to specific questions in number 9 below.
 
Account Category Short Description
500
510
520 Contract to remove and dispose of waste material and litter from an open dump.
530
550
570
590
Other
   
7. Will this transfer be used to maintain current service levels, expand an existing program or activity, or begin a new program? Explain.
  This project expands the existing recycling program, but is a one-time event.
   
8. Based upon the response to number 7, explain how these services or programs would have been funded if this
additional funding were not available.
  Fewer recycling and litter prevention grants would be awarded in FY18.
   
9. Account Category 500-Personal Services:
 
a. Explain why changes are being requested in the personal services account category 500.
N/A
b. How many existing staff are being affected by this transfer? 0
What appropriation line item are they currently being paid? 
c. How would these existing staff have been affected if these additional funds were not available?
N/A
d. Will new staff be hired as a result of the additional funds? 
   
10.  List any other transfers involving these appropriation line items and/or cash approved by the Controlling Board in the current biennium, including the date and requested amount of the adjustment(s).
 
ALITransfer DateTransfer AmountCBR Number