Lawriter - OAC - 3745-599-30 Beneficial use - relationships among authorizing documents, rules, and the authority of the director and board of health.

3745-599-30 Beneficial use - relationships among authorizing documents, rules, and the authority of the director and board of health.

(A) When direct conflict occurs between a requirement of this chapter and an authorizing document approved prior to the establishment of that requirement in this chapter, the owner or operator shall comply with the authorizing document until the obligation in the authorizing document ceases. After the obligation ceases, the owner or operator shall comply with this chapter.

(B) When a direct conflict occurs between a requirement of this chapter and an order issued by the director, approved board of health, or court having competent jurisdiction prior to the establishment of that requirement in this chapter, the owner or operator shall comply with the order until the order is terminated or until the obligation in the order ceases. After the obligation in the order has ceased, the owner or operator shall comply with this chapter.

(C) Nothing in this chapter is intended nor shall be construed to limit or infringe upon any authority granted by statute to the director or a board of health, including but not limited to issuing orders, conducting inspections, and enforcing the standards and requirements of statutes and rules adopted thereunder.


Effective: 3/31/2017
Five Year Review (FYR) Dates: 03/31/2022
Promulgated Under: 119.03
Statutory Authority: 3734.02, 6111.03, 6111.035, 6111.32
Rule Amplifies: 3734.02, 6111.03, 6111.035, 6111.32