Ohio Revised Code Search
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Section 3752.11 | Duties of holder of first mortgage upon abandonment of facility by owner.
...r of the first mortgage required by the terms of the mortgage documents that is not cured by the mortgagor within any applicable cure periods, deferred with the consent of the holder of the first mortgage, or waived by the holder of the first mortgage. (4) "Contact" means actual person to person, telephonic, or similar direct voice conversation between the holder of the first mortgage and the mortgagor or written ... |
Section 3752.111 | Fiduciary's authority where operator fails to comply.
...(A) As used in this section: (1) "Fiduciary" means a person who for purposes of administering an estate or trust holds legal title to a reporting facility, holds an equity or partnership interest in a reporting facility, or is a lessee of a reporting facility, but who has not exercised actual and direct control over the use, generation, transportation, treatment, storage, or disposal of regulated substances at the f... |
Section 3752.112 | Holder of mortgage or fiduciary failing to act.
...ffected reporting facility is located determines that the facility should continue to be secured against unauthorized entry, the director or the political subdivision may undertake any of the actions specified in division (B)(1) of section 3752.11 or division (B) of section 3752.111 of the Revised Code. The costs so incurred are a lien upon the facility. The director or the appropriate official of the political subdi... |
Section 3752.113 | Exemption of indentured trustee for debt securities.
...s or informal means such as through the terms of the indenture agreement or similar financing document between the indenture trustee and the issuing entity, the indenture trustee shall do one of the following to the extent there are sufficient assets in the trust: (1) Petition the court for the appointment of a receiver under Chapter 2735. of the Revised Code to perform or cause the performance of the actions requir... |
Section 3752.12 | Right of entry.
...ples, and examine and copy records to determine compliance with this chapter and rules adopted and orders issued under it. The director or his authorized representative may apply for, and any judge of a court of record may issue for use within the court's territorial jurisdiction, an administrative inspection warrant under division (F) of section 2933.21 of the Revised Code or other appropriate search warrant necess... |
Section 3752.13 | Expending moneys from immediate removal fund to take remedial actions.
... director of environmental protection determines that conditions at a reporting facility constitute an imminent and substantial threat to public health or safety or are causing or contributing to, or are threatening to cause or contribute to, air or water pollution or soil contamination, the director may expend moneys from the immediate removal fund created in section 3745.12 of the Revised Code to take such remedial... |
Section 3752.14 | Entry or remaining on premises of reporting facility in violation of warning signs.
...(A) No person, without privilege to do so, shall do any of the following: (1) Enter or remain on the premises of a reporting facility at which warning signs are posted in compliance with section 3752.07, 3752.11, 3752.111, 3752.112, or 3752.113 of the Revised Code; (2) Enter or remain in a building or structure located at a reporting facility, or an outdoor location of operation, at which warning signs are posted i... |
Section 3752.15 | Prohibitions.
...No person shall falsify, tamper with, or render inaccurate any certification, information, or records required to be kept or submitted under this chapter or a rule adopted or order issued under it. Violation of this section is not falsification under section 2921.13 of the Revised Code. |
Section 3752.16 | Order to abate violation.
...onable time. No person shall violate a term or condition of an order issued under this section. |
Section 3752.17 | Injunction.
...otection, shall criminally prosecute to termination or bring a civil action for injunction in any court of competent jurisdiction against any person who has violated or is violating any section of this chapter or any rule adopted or order issued under it. The court in which an action for injunction is filed has jurisdiction to and shall grant preliminary and permanent injunctive relief upon a showing that the person ... |
Section 3752.18 | No effect on other remedies.
...This chapter does not abridge rights of action or remedies in equity, under common law, or as provided by statute or limit the state or any political subdivision or person in the exercise of their rights in equity, under common law, or as provided by statute to suppress nuisances or to abate or prevent pollution. |
Section 3752.99 | Penalty.
...(A) Whoever recklessly violates any section of this chapter or a rule adopted or order issued under it, except section 3752.07, 3752.11, 3752.111, 3752.113, or 3752.14 of the Revised Code, a rule adopted under section 3752.03 of the Revised Code pertaining to the securing of buildings, structures, or outdoor locations of operation, or an order issued to enforce any of those sections or such a rule, shall be fined not... |
Section 3753.01 | Risk management program definitions.
...As used in this chapter: (A) "Accidental release" means an unanticipated emission of a regulated substance into the ambient air from a stationary source. (B) "Clean Air Act Amendments" means the "Clean Air Act Amendments of 1990," 91 Stat. 685, 42 U.S.C. 7401 et al., as amended, and regulations adopted under it. (C) "Covered process" means a process that has a regulated substance present in an amount that is in ex... |
Section 3753.02 | Rules.
...For the purpose of implementing and administering this chapter, the director of environmental protection may adopt, amend, and rescind rules in accordance with Chapter 119. of the Revised Code. The rules shall be consistent with, equivalent in scope, content, and coverage to, and no more stringent than the requirements of section 112(r) of the Clean Air Act Amendments and any regulations adopted pursuant to that sect... |
Section 3753.03 | Owner or operator to submit risk management plan.
...(A) Effective upon the date that the United States environmental protection agency delegates the program created under section 112(r) of the Clean Air Act Amendments to the environmental protection agency of this state, an owner or operator of a stationary source that has a covered process shall develop and submit a risk management plan no later than the latest of the following: (1) Not later than ten days after the... |
Section 3753.04 | Owner or operator to comply with program 1, program 2, or program 3 requirements or with combination.
...uirements. An owner or operator shall determine which of those requirements apply to the covered processes that are present at the stationary source as provided in divisions (B) to (D) of this section. An owner or operator shall comply with all levels of program requirements that apply to the covered processes at the owner or operator's stationary source. (B) The owner or operator of a stationary source at which a c... |
Section 3753.05 | Risk management plan reporting fund.
...isk management plan reporting fund to determine if that amount exceeds seven hundred fifty thousand dollars in either of the two preceding fiscal years. If the total amount of moneys in the fund exceeded seven hundred fifty thousand dollars in either fiscal year, the director, after review of the fee structure and consultation with affected persons, shall issue an order reducing the amount of the fees levied under di... |
Section 3753.06 | Prohibition.
...No person shall violate any provision of this chapter or a rule adopted or order issued under it. |
Section 3753.07 | Right of entry.
...ples, and examine and copy records to determine compliance with this chapter and rules adopted or orders issued under it. The director or the director's authorized representative may apply for, and any judge of a court of record may issue for use within the court's territorial jurisdiction, an administrative inspection warrant under division (F) of section 2933.21 of the Revised Code or other appropriate search warra... |
Section 3753.08 | Order to abate violation.
...The director of environmental protection may issue orders requiring an owner or operator who is subject to this chapter to abate a violation of section 3753.06 of the Revised Code. The director may issue such orders as final orders without issuing a proposed action under section 3745.07 of the Revised Code and, notwithstanding section 119.06 of the Revised Code, without the necessity to hold an adjudication hearing. ... |
Section 3753.09 | Prosecutions - injunctive relief - civil penalties - investigations.
...onmental protection, shall prosecute to termination any person who has violated division (D) of section 3753.03 of the Revised Code or shall bring an action for injunction against any person who has violated or is violating section 3753.06 of the Revised Code. The court of common pleas in which an action for injunction is filed has the jurisdiction to and shall grant preliminary and permanent injunctive relief upon a... |
Section 3753.10 | State, officers or employees - immunity.
...(A) As used in this section: (1) "Harm" means injury to, death of, or loss to person or property. (2) "Tort action" means a civil action for damages for harm, but does not include a civil action for damages for a breach of contract or other agreement between persons or for a breach of a warranty that exists pursuant to the Revised Code or the common law of this state. (B) The state, and any officer or employee of ... |
Section 3753.99 | Penalty.
...Whoever purposely violates division (D) of section 3753.03 of the Revised Code shall be fined not more than twenty thousand dollars and imprisoned for not more than one year, or both. Each day of violation is a separate offense. |
Section 3761.01 | Assemblies - mob definitions.
...As used in sections 3761.01 to 3761.10, inclusive, of the Revised Code: (A) "Mob" means a collection of people assembled for an unlawful purpose and intending to do damage or injury to anyone, or pretending to exercise correctional power over other persons by violence and without authority of law. (B) "Lynching" means an act of violence by a mob upon the body of any person. (C) "Serious injury" means such injury a... |
Section 3761.02 | Damages in case of assault.
...A person taken from officers of justice by a mob, and assaulted with whips, clubs, missles, or in any other manner, may recover from the county in which the assault is made, damages not to exceed one thousand dollars. |