Ohio Revised Code Search

...There is hereby created in the state treasury the waste management fund. The fund shall consist of money credited to it under this chapter and Chapter 3714. of the Revised Code. The environmental protection agency shall use money in the fund to pay the costs of administering and enforcing this chapter and Chapter 3714. of the Revised Code and rules adopted under those chapters, including ground water evaluations rela...

...The board of health of a health district in which a solid waste facility or an infectious waste treatment facility is located, or the director of environmental protection, may suspend, revoke, or deny a license for the facility for violation of any section of this chapter or any rule adopted under it. The director may suspend, revoke, or deny a permit to operate any hazardous waste facility for violation of any secti...

...(A) Except as provided in division (C) or (H) of this section, any person aggrieved or adversely affected by an alleged violation of this chapter or a rule, permit, license, variance, or order issued or adopted under it may commence a civil action on his own behalf against any person, the state, or a political subdivision that is alleged to be in violation of this chapter or a rule, permit, license, variance, or orde...

...(A) No person shall violate any section of this chapter, any rule adopted under it, or any order issued under section 3734.13 of the Revised Code. (B) No person who holds a permit or license issued under this chapter shall violate any of the terms and conditions of the permit or license. (C) No person shall operate a solid waste facility or portion of such a facility within the boundaries of a state park establishe...

...As used in this section, "Resource Conservation and Recovery Act" means the Resource Conservation and Recovery Act of 1976, 90 Stat. 2806, 42 U.S.C. 6921, as amended. The director of environmental protection shall adopt rules in accordance with Chapter 119. of the Revised Code, which shall be consistent with and equivalent to the regulations adopted under the Resource Conservation and Recovery Act except for r...

...(A) The director of environmental protection shall, no later than the first day of October each even-numbered year, compile and make available to the extent allowed by rules adopted under division (G) of section 3734.12 of the Revised Code a list of hazardous wastes generated within the state during the preceding calendar year by any person who is not exempt from regulation under this chapter and rules adopted ...

...(A) As used in this section, "commercial facility" means a facility of a business engaged for profit in the storage and disposal of polychlorinated biphenyls, substances, equipment, and devices containing or contaminated with polychlorinated biphenyls, or both. (B) The director of environmental protection, in accordance with Chapter 119. of the Revised Code, may adopt, amend, suspend, or rescind rules with respect t...

...(A) As used in this section and section 3734.124 of the Revised Code, "commercial hazardous waste incinerator" means an enclosed device that treats hazardous waste by means of controlled flame combustion and that accepts for treatment hazardous waste that is generated off the premises on which the device is located by any person other than the one who owns or operates the device or one who controls, is controlled by,...

...(A) Promptly after issuing a periodic assessment under division (B) of section 3734.123 of the Revised Code, the director of environmental protection shall make a determination as to whether it is necessary or appropriate to continue the restrictions established in division (C) of section 3734.123 of the Revised Code during the period of time between the issuance of the assessment and the issuance of the next succeed...

...The director of environmental protection may adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements governing the beneficial use of material from a horizontal well that has come in contact with a refined oil-based substance and that is not technologically enhanced naturally occurring radioactive material.

...(A) The director of environmental protection may issue, modify, suspend, or revoke enforcement orders in accordance with Chapter 3745. of the Revised Code to a holder of a registration certificate, permit, or license issued by the director or a board of health under this chapter, or to another person, directing the holder or person to abate a violation, or to prevent any threatened violation, of any section of ...

...The director of environmental protection shall periodically determine the market potential and feasibility of the exchange, use, and recovery of resources from hazardous waste. Using the information required under divisions (B) and (I) of section 3734.12 of the Revised Code, the director shall, in compliance with the procedures adopted under division (G) of section 3734.12 of the Revised Code pertaining to the protec...

...After December 31, 1986, no person shall dispose of any acute hazardous waste listed in 40 C.F.R. 261.33 (e), as amended, in this state unless the director of environmental protection determines, based upon information provided by the generator of the waste, that the waste: (A) Cannot be treated and rendered nonhazardous, recycled, reclaimed, or destroyed by incineration or biological agents; (B) Has been reduced t...

...(A) No person shall transport hazardous waste anywhere in this state unless the person has first filed an annual registration statement with, and paid an annual registration fee to, the United States department of transportation in accordance with 49 C.F.R. 107.601 to 107.620. For the purposes of this section, "registered transporter" means any person who has filed an annual registration statement with, and paid an ...

...A generator of hazardous waste who violates any of the rules adopted by the director of environmental protection in accordance with divisions (B) and (I) of section 3734.12 of the Revised Code shall be liable for any damage or injury caused by the violation and for the costs of rectifying the violation and conditions caused by the violation in addition to any civil penalties or criminal fines imposed for the violatio...

...No person shall accept for transportation or for treatment, storage, or disposal any hazardous waste whose generator has violated any of the rules adopted by the director of environmental protection in accordance with divisions (B) and (I) of section 3734.12 of the Revised Code with respect to the waste. Any person who accepts for treatment, storage, or disposal any hazardous waste and who violates any of the rules a...

...(A) As used in this section: (1) "On-site facility" means a facility that treats or disposes of hazardous waste that is generated on the premises of the facility. (2) "Off-site facility" means a facility that treats or disposes of hazardous waste that is generated off the premises of the facility. (3) "Satellite facility" means any of the following: (a) An on-site facility that also receives hazardous waste ...

...(A) If the legislative or executive authority of a municipal corporation, county, or township has evidence to indicate that locations within its boundaries once served as hazardous waste facilities or that significant quantities of hazardous waste were disposed of in solid waste or construction and demolition debris facilities within its boundaries, it may file a formal written request with the director of environme...

...(A)(1) If the director of environmental protection has reason to believe that hazardous waste was treated, stored, or disposed of at any facility or property located within the state or that solid waste or construction and demolition debris was disposed of at any facility or property in the state, the director may conduct such investigations and make such inquiries as are reasonable or necessary to determine if condi...

...(A) The director of environmental protection may expend m oney credited to the hazardous waste facility management fund created in section 3734.18 of the Revised Code, the hazardous waste clean-up fund created in section 3734.28 of the Revised Code, or the environmental protection remediation fund created in section 3734.281 of the Revised Code for a ny of the following: ( 1) The payment of the cost of measures nec...

...Before beginning activities under section 3734.21 of the Revised Code, the director of environmental protection shall endeavor to enter into an agreement with the owner of the land on which the activities will be conducted, specifying the activities to be performed and authorizing the director, employees of the agency, or contractors retained by the director to enter upon the land and perform the specified activi...

...(A) The director of environmental protection may acquire by purchase, gift, donation, contribution, or appropriation in accordance with sections 163.01 to 163.21 of the Revised Code any hazardous waste facility or any solid waste facility containing significant quantities of hazardous waste that, because of its condition and the types and quantities of hazardous waste contained in the facility, constitutes an imminen...

...After the cleanup of a solid waste facility or a hazardous waste facility acquired and cleaned up under section 3734.23 of the Revised Code, the director of environmental protection may, if the facility is suitable for use by any other state department, agency, office, or institution and if the proposed use of the facility is compatible with the condition of the facility as cleaned up, transfer the facility to ...

...Before making grants from the hazardous waste facility management fund created in section 3734.18 of the Revised Code or the hazardous waste clean-up fund created in section 3734.28 of the Revised Code, the director of environmental protection shall consider each project application submitted by a political subdivision under section 3734.25 of the Revised Code, each application submitted by the owner of a facil...

...Except as otherwise provided in sections 3734.281 and 3734.282 of the Revised Code, moneys collected under sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised Code and under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et seq., as amended, including moneys recovered under division (B)(1) of this section, shall b...

...(A) The director of agriculture shall establish a propane council and adopt rules in accordance with Chapter 119. of the Revised Code necessary to implement this chapter. (B) The director shall appoint the following members to the council in accordance with this section and rules adopted under it: (1) Two multi-state propane gas retailers; (2) Two intrastate propane gas retailers; (3) One cooperative propane ...

...The propane council shall adopt procedures by which retailers of propane in this state may propose, develop, and operate a marketing program to do all of the following: (A) Promote the safe and efficient use of propane; (B) Demonstrate to the general public the importance and economic significance of propane; (C) Develop new uses and markets for propane and enable engagement in promotional activities that incen...

...(A) Retailers in this state may present the propane council with a petition signed by the lesser of twenty-five or ten per cent of all such retailers requesting that the council hold a referendum in accordance with section 936.05 of the Revised Code to establish or amend a marketing program for propane. (B) At the time of presentation of the petition to the council under division (A) of this section, the petitioner...

...(A) Not later than ninety days after the propane council has approved a marketing program proposed under section 936.04 of the Revised Code, or an amendment to such a program, the council shall determine by a referendum whether the eligible retailers, as determined under section 936.03 of the Revised Code, favor the proposed program or amendment. The council shall cause a ballot request form to be published not less ...

...When the retailers who vote in a referendum held under section 936.05 of the Revised Code favor a proposed marketing program, the propane council shall order the program established.

...The director of agriculture shall monitor the actions of the propane council to ensure all of the following: (A) A marketing program is self-supporting. (B) The council keeps all records that are required for agencies of the state. (C) All program operations are in accord with both of the following: (1) The provisions of the marketing program; (2) This chapter and procedures established under it.

...(A) For the purpose of a marketing program established under this chapter, the council may levy assessments on retailers at the time of purchase of odorized propane by a retailer from a wholesale distributor. The council shall base the assessments on the volume of odorized propane purchased by the retailer from the wholesale distributor. (B) A marketing program shall require a refund of assessments collected under ...

...(A) There is hereby established a fund for the marketing program that is established by the propane council under this chapter. The fund shall be in the custody of the treasurer of state, but shall not be part of the state treasury. Except as authorized in division (B) of this section, all money collected pursuant to section 936.08 of the Revised Code for the marketing program shall be paid into the fund for the mark...

...(A) The director of agriculture temporarily may suspend the operation of a marketing program, or any part of a program, established under this chapter for any reason upon recommendation by the propane council for a period of not more than twelve consecutive months. (B) At least once in each five years of operation, or at any time upon written petition by the lesser of twenty-five or ten per cent of the retailers in...

...(A) When retailers favor termination of a marketing program established under this chapter, the propane council shall terminate all operations of the program. (B)(1) Except as provided in division (B)(2) of this section, upon termination of a program, the council shall return any remaining unobligated money to the retailers who paid the assessments levied under section 936.08 of the Revised Code during the immediat...

...The propane council may institute an action at law or in equity that appears necessary to enforce compliance with this chapter, a procedure established under it, or a marketing program established under it.

...No retailer shall knowingly fail or refuse to withhold or remit any assessment levied under section 936.08 of the Revised Code.

...Whoever violates section 936.13 of the Revised Code is guilty of a misdemeanor of the fourth degree.

...ricultural operation where agricultural animals are kept and raised in confined areas. "Animal feeding operation" does not include a facility that possesses a permit issued under Chapter 903. or division (J) of section 6111.03 of the Revised Code. (C) "Best management practices" means practices or a combination of practices that are determined to be the most effective and practicable means of preventing or reducing ...

...iques, or practices for composting dead animals, or particular types of dead animals, that are to be used at such operations, as the director considers to be necessary or appropriate; (b) Establish requirements and procedures governing the review and approval or disapproval of composting plans by the supervisors of soil and water conservation districts under division (S) of section 940.06 of the Revised Code. (...

...(A) A person who owns or operates agricultural land or an animal feeding operation may develop and operate under an operation and management plan approved by the director of agriculture or the director's designee under section 939.02 of the Revised Code or by the supervisors of the applicable soil and water conservation district under section 940.06 of the Revised Code. (B) A person who wishes to make a complaint re...

... an agricultural operation, or owns the animals raised by the owner or operator of an agricultural operation, and who wishes to conduct composting of dead animals resulting from the agricultural operation shall do both of the following: (1) Participate in an educational course concerning composting conducted by OSU extension and obtain a certificate of completion for the course; (2) Use the appropriate method, te...

...The director of agriculture, subject to approval of the terms of the agreement by the Ohio soil and water conservation commission, shall enter into cooperative agreements with the supervisors of a soil and water conservation district desiring to enter into those agreements pursuant to section 940.06 of the Revised Code. The agreements shall be entered into to obtain compliance with rules of the director pertaining to...

...The director of agriculture may do any of the following: (A) Enter into contracts or agreements with any agency of the United States government, or any other public or private agency, or organization, for the performance of the prescribed duties of the department of agriculture under this chapter and Chapter 940. of the Revised Code or for accomplishing cooperative projects within the scope of those duties; (B) Ent...

...(A)(1) The director of agriculture may propose to require corrective actions and assess a civil penalty against the owner or operator of agricultural land or an animal feeding operation if the director or the director's designee determines that the owner or operator is doing one of the following: (a) Not complying with a standard established in rules adopted under division (E)(1) of section 939.02 of the Revised Cod...

...(A) Except as provided in division (B) of this section, no person in the western basin shall surface apply manure under any of the following circumstances: (1) On snow-covered or frozen soil; (2) When the top two inches of soil are saturated from precipitation; (3) When the local weather forecast for the application area contains greater than a fifty per cent chance of precipitation exceeding one-half inch in a tw...

...nfines fewer than any of the numbers of animals specified in divisions (Q)(1)(a) to (m) of section 903.01 of the Revised Code. (2) "Medium agricultural operation" means an agricultural operation in the western basin that stables or confines any of the numbers of animals specified in divisions (Q)(1)(a) to (m) of section 903.01 of the Revised Code. (3) "Western basin" has the same meaning as in section 905.326 of th...

...There is hereby created in the state treasury the agricultural pollution abatement fund, which shall be administered by the director of agriculture. The fund may be used to pay costs incurred by the department of agriculture under division (E) of section 939.07 of the Revised Code in investigating, mitigating, minimizing, removing, or abating any pollution of the waters of the state caused by agricultural pollution o...

...As used in this chapter: (A) "Soil and water conservation district" means a district organized in accordance with this chapter. (B) "Supervisor" means one of the members of the governing body of a district. (C) "Landowner," "owner," or "owner of land" means an owner of record as shown by the records in the office of the county recorder. With respect to an improvement or a proposed improvement, "landowner," "...

...There is hereby established in the department of agriculture the Ohio soil and water conservation commission. The commission shall consist of seven members of equal status and authority, six of whom shall be appointed by the governor with the advice and consent of the senate, and one of whom shall be designated by resolution of the board of directors of the Ohio federation of soil and water conservation districts. Th...