Ohio Revised Code Search

...It is the intent of the general assembly that the environmental protection agency shall: (A) Promulgate and put into execution a long term comprehensive plan and program to conserve, protect, and enhance the air, water, and other natural resources of the state; (B) Prevent and abate pollution of the environment for the protection and preservation of the health, safety, welfare, and property of the people of the...

...There is hereby created in the state treasury the environmental protection fund consisting of money credited to the fund under division (A)(3) of section 3734.57 and division (E) of section 3714.07 of the Revised Code. The environmental protection agency shall use money in the fund to pay the agency's costs associated with administering and enforcing, or otherwise conducting activities under, this chapter and Chapter...

...(A) The environmental review appeals commission shall adopt or amend, as appropriate, regulations governing procedure to be followed for hearings before it, including regulations governing all of the following: (1) Expedited hearings; (2) Expedited decisions; (3) Stays. (B) No regulation adopted by the commission shall be effective until the tenth day after it has been adopted by the filing of a certified copy th...

...(A) As used in this section, "any person" means any individual, any partnership, corporation, association, or other legal entity, or any political subdivision, instrumentality, or agency of a state, whether or not the individual or legal entity is an applicant for or holder of a license, permit, or variance from the environmental protection agency, and includes any department, agency, or instrumentality of the federa...

...(A) In hearing the appeal, if an adjudication hearing was conducted by the director of environmental protection in accordance with sections 119.09 and 119.10 of the Revised Code or conducted by a board of health, the environmental review appeals commission is confined to the record as certified to it by the director or the board of health, as applicable. The commission may grant a request for the admission of a...

...(A) A person that applies for a section 401 water quality certification under Chapter 6111. of the Revised Code and rules adopted under it shall pay an application fee of two hundred dollars at the time of application plus any of the following fees, as applicable: (1) If the water resource to be impacted is a wetland, a review fee of five hundred dollars per acre of wetland to be impacted; (2) If the water resour...

...(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...

...(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...

...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'...

...(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...

...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...

...(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...

...(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...

...(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...

...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...

...(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...

...(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...

...(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...

...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...

...(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...

...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...

...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...

...(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...

...(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 ...

...(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...