Ohio Revised Code Search
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Section 3745.30 | Policies of agency.
...(A)(1) As used in this section, "policy" means a clarification, explanation, or interpretation of a statute or rule that is initiated or used by the environmental protection agency for regulatory purposes and not adopted in accordance with rules adoption procedures consistent with this chapter and Chapter 119. of the Revised Code. "Policy" includes documents, manuals, advisories, protocols, forms, and other written o... |
Section 3745.31 | Statute of limitations.
...(A) As used in this section, "environmental law" means sections 903.08, 903.17, and 3737.87 to 3737.882 and Chapters 3704., 3714., 3734., 3745., 3750., 3751., 3752., 3753., 6109., and 6111. of the Revised Code; any rule adopted under those sections or chapters or adopted for the purpose of implementing those sections or chapters; and any applicable provisions of Chapter 3767. of the Revised Code when an environ... |
Section 3745.70 | Environmental audit definitions.
...As used in sections 3745.70 to 3745.73 of the Revised Code: (A) "Environmental audit" means a voluntary, thorough, and discrete self-evaluation of one or more activities at one or more facilities or properties that is documented; is designed to improve compliance, or identify, correct, or prevent noncompliance, with environmental laws; and is conducted by the owner or operator of a facility or property or the owner'... |
Section 3745.71 | Privilege of nondisclosure as to environmental audit.
...(A) Except as otherwise provided in division (C) of this section, the owner or operator of a facility or property who conducts an environmental audit of one or more activities at the facility or property has a privilege with respect to both of the following: (1) The contents of an environmental audit report that is based on the audit; (2) The contents of communications between the owner or operator and emplo... |
Section 3746.01 | Voluntary action program definitions.
...As used in this chapter: (A) "Accredited laboratory" means a laboratory that is accredited as follows: (1) For analysis of asbestos, valid accreditation by one of the following: (a) The American industrial hygiene association, asbestos analysts registry; (b) The national institute of standards technology, national voluntary laboratory accreditation program for asbestos fiber analysis; (c) An accreditat... |
Section 3746.02 | Exemptions.
...(A) Nothing in this chapter applies to any of the following: (1) Property for which a voluntary action under this chapter is precluded by federal law or regulations adopted under federal law, including, without limitation, any of the following federal laws or regulations adopted thereunder: (a) The "Federal Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended; (b) The "Res... |
Section 3746.07 | [Former R.C. 3746.071, amended and renumbered by H.B. 110, 134th General Assembly, effective 9/30/2021] Duties of certified professionals.
...(A) A certified professional shall do all of the following: (1) Protect the safety, health, and welfare of the public in the performance of professional duties. If a circumstance arises where the certified professional faces a situation where the safety, health, or welfare of the public would not be protected, the certified professional shall do all of the following: (a) Sever the relationship with the certifie... |
Section 3746.09 | Variances.
...(A) A person who proposes to enter into or who is participating in the voluntary action program under this chapter and rules adopted under it, in accordance with this section and rules adopted under division (B)(10) of section 3746.04 of the Revised Code, may apply to the director of environmental protection for a variance from applicable standards otherwise established in this chapter and rules adopted under it. The... |
Section 3746.12 | Issuing or denying covenant not to sue.
...Except as provided in division (C) of this section, the director of environmental protection shall issue to a person on behalf of whom a certified professional has submitted to the director an original no further action letter and accompanying verification under division (A) of section 3746.11 of the Revised Code a covenant not to sue for the property that is named in the letter. The director shall not issue a covena... |
Section 3746.122 | Affirmative defense to action for release of hazardous substances from facility.
...(A) As used in this section : (1) "Bona fide prospective purchaser" has the same meaning as in 42 U.S.C. 9601, including the requirement that a person acquired ownership of a facility after January 11, 2002. (2) "Facility" has the same meaning as in 42 U.S.C. 9601. (B) In a civil action to address a release or threatened release of hazardous substances from a facility, it is an affirmative defense, and a person... |
Section 3746.20 | Documents submitted by affidavit.
...(A) All of the following shall be submitted by affidavit: (1) Any information, data, documents, or reports submitted by any of the following to another person for the purposes of a voluntary action conducted under this chapter and rules adopted under it: (a) The person undertaking the voluntary action; (b) A certified professional; (c) Any other person who performed work that was conducted to support a reques... |
Section 3746.23 | Civil action for recovering costs of conducting voluntary action.
...(A) As used in this section, "costs of conducting the voluntary action" means the costs incurred for performing a voluntary action that are cost effective and reasonably necessary to protect public health and safety and the environment, including, without limitation, the costs for all of the following: (1) Identifying potential sources of contamination of the property by hazardous substances where a voluntary action... |
Section 3746.31 | Copies of materials provided upon request.
...Upon the written request of any person for information, documents, reports, or data described on a list submitted to the director of environmental protection pursuant to rules adopted under division (B)(6)(e) of section 3746.04 of the Revised Code, as applicable, the director, within a reasonable period of time after receipt of the request, shall provide copies of the requested materials to the person. If the request... |
Section 3747.02 | Commission membership.
...(A)(1) The governor, with the advice and consent of the senate, shall appoint the Ohio member of the midwest interstate low-level radioactive waste commission. The commissioner shall serve at the pleasure of the governor and shall be reimbursed for actual and necessary expenses incurred in the performance of official duties. (2) As used in this section, "compact" means the midwest interstate compact on low-level rad... |
Section 3748.01 | Radiation control program definitions.
...As used in this chapter: (A) "Byproduct material" means either of the following: (1) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to radiation incident to the process of producing or utilizing special nuclear material; (2) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its s... |
Section 3748.04 | Director of health rules for requirements, procedures and fees.
...The director of health, in accordance with Chapter 119. of the Revised Code, shall adopt and may amend or rescind rules doing all of the following: (A) Listing types of radioactive material for which licensure by its handler is required and types of radiation-generating equipment for which registration by its handler is required, and establishing requirements governing them. Rules adopted under division (A) of this... |
Section 3748.07 | Applying for license or certificate of registration.
...(A) Except as provided in division (G) of this section, every facility that proposes to handle radioactive material or radiation-generating equipment for which licensure or registration, respectively, by its handler is required shall apply in writing to the director of health on forms prescribed and provided by the director for licensure or registration. Terms and conditions of licenses and certificates of registrati... |
Section 3748.11 | Compliance with rules.
...(A) A facility that is licensed under this chapter and rules adopted under it, including a facility that is licensed for the disposal of low-level radioactive waste, shall comply with all applicable rules adopted under division (I) of section 3748.04 of the Revised Code governing closure, decontamination, decommissioning, reclamation, and long-term surveillance and care of its licensed activity. (B) Unless there is ... |
Section 3748.17 | Notice of violation.
...(A) Whenever the director of health determines that there has been a violation of this chapter or a rule adopted under it, the director shall give written notice to the alleged violator specifying the section of this chapter or rule violated and specifically describing the violation. The notice also shall include information concerning the applicable penalties established under sections 3748.19 and 3748.99 of the Rev... |
Section 3749.01 | Swimming pool definitions.
...As used in sections 3749.01 to 3749.10 of the Revised Code: (A) "Board of health" means a city board of health or a general health district, or an authority having the duties of a city board of health as authorized by section 3709.05 of the Revised Code. (B) "Health district" means any city or general health district created pursuant to section 3709.01 of the Revised Code. (C) "Person" means the state, any poli... |
Section 3749.03 | Approval of plans by director of health.
...(A) No person shall construct or install, or renovate or otherwise substantially alter, a public swimming pool, public spa, or special use pool after September 10, 1987, until the plans for the pool or spa have been submitted to and approved by the director of health. Within thirty days of receipt of the plans, the director shall approve or disapprove them. The plans and approval required under this division do not a... |
Section 3749.04 | Annual application for license to operate or maintain pool or spa.
...(A) No person shall operate or maintain a public swimming pool, public spa, or special use pool without a license issued by the licensor having jurisdiction. (B) Every person who intends to operate or maintain an existing public swimming pool, public spa, or special use pool shall, during the month of April of each year, apply to the licensor having jurisdiction for a license to operate the pool or spa. Any p... |
Section 3749.07 | Annual survey of health districts for compliance.
...(A) The director of health shall annually survey each health district that licenses public swimming pools, public spas, and special-use pools to determine whether or not the health district is in substantial compliance with this chapter and the rules adopted thereunder. If the director determines that a health district is in substantial compliance, he shall place the district on an approved health district li... |
Section 3750.01 | Emergency planning definitions.
...As used in this chapter: (A) "Confidential business information" means the types or categories of information identified in rules adopted under division (B)(1)(h) of section 3750.02 of the Revised Code. (B) "Extremely hazardous substance" means a substance identified or listed by the rules adopted under division (B)(1)(a) or (C)(5) of section 3750.02 of the Revised Code. (C) "Emergency planning district" means an ... |
Section 3750.05 | Facilities subject to regulation - emergency coordinator.
...(A) Each facility that has an extremely hazardous substance present in an amount that exceeds the threshold planning quantity for the substance established by rules adopted under division (B)(1)(a) or (C)(5) of section 3750.02 of the Revised Code is subject to this section and section 3750.04 of the Revised Code. Upon the written request of the local emergency planning committee of the emergency planning district in ... |