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Section 3750.20 | Prosecutions.

... emergency response commission shall be credited to the emergency planning and community right-to-know fund created in section 3750.14 of the Revised Code. All civil penalties received under those divisions pursuant to actions brought upon the written request of a local emergency planning committee or fire department shall be credited to the special emergency planning fund created in section 3750.03 of the Revised Co...

Section 3750.21 | Liability for disclosures.

...ssified as a trade secret pursuant to rules adopted under division (B)(2)(d) of section 3750.02 of the Revised Code, information classified as a trade secret pursuant to division (B)(14) of that section, or information identified as confidential business information by rules adopted under division (B)(1)(h) of that section and who violates division (G) of section 3750.09 of the Revised Code or otherwise discloses inf...

Section 3750.22 | Distribution by facility owner of copies of vulnerability assessment.

...th any other public or private office unless required to do so by federal or state law. (B)(1) Any vulnerability assessment or other security-sensitive information a public office receives pursuant to division (A) of this section is not a public record under section 149.43 of the Revised Code and that assessment or information is not subject to the mandatory disclosure requirements of section 149.43 of the Revised C...

Section 3750.99 | Penalty.

...(A) Whoever recklessly violates section 3750.06 of the Revised Code or an order issued under section 3750.18 of the Revised Code to enforce that section is guilty of a felony and shall be fined at least ten thousand but not more than twenty-five thousand dollars or imprisoned for at least two but not more than four years, or both. Each day of violation is a separate offense. Upon a second or subsequent conviction for...

Section 3751.01 | Hazardous substances definitions.

..." means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or discharging into the environment of any toxic chemical including, without limitation, the abandonment or discarding of barrels, containers, and other closed receptacles that contained a toxic chemical. (H) "Toxic chemical" means a chemical listed in rules adopted by the administrator of the Un...

Section 3751.02 | Authority of director.

...ive of the governor pursuant to EPCRA, petition the administrator to, by regulation, add a chemical to or delete a chemical from the list of toxic chemicals subject to the toxic chemical release reporting requirements of that act if, in the director's judgment, the chemical meets the criteria required by that act.

Section 3751.03 | Submission of toxic chemical release forms.

... and submit to the administrator a completed toxic chemical release form for each toxic chemical that was so manufactured, processed, or otherwise used at the facility during the preceding calendar year. The electronic submission of the form to the administrator constitutes simultaneous submission of the form to the director of environmental protection for purposes of EPCRA. (2) Division (A)(1) of this section appli...

Section 3751.04 | Specific chemical identity as trade secret.

...a copy of the required toxic chemical release form that indicates that such a claim has been filed and contains the generic class or category of the identity in place of the identity. (b) A determination of the claim remains pending pursuant to those regulations. (2) It has been determined by the administrator pursuant to those regulations that a trade secret exists. (B) No person shall withhold the specific ident...

Section 3751.05 | Toxic chemical release reporting fund.

...all be credited to the toxic chemical release reporting fund, hereby created in the state treasury. Moneys credited to the fund shall be expended by the director exclusively for the purposes of implementing, administering, and enforcing this chapter and the rules adopted and orders issued under it.

Section 3751.06 | Enforcement.

...s both of the following conditions are met: (A) The toxic chemical is also identified or listed as an extremely hazardous substance, hazardous chemical, or hazardous substance by rules adopted under division (B)(1)(a), (b), or (c) or (C)(5) of section 3750.02 of the Revised Code; (B) Enforcement of the ordinance, resolution, rule, or requirement is authorized under division (B), (C), or (E) of section 3750.11 of th...

Section 3751.07 | Prohibitions.

...late any section of this chapter or a rule adopted or order issued under it.

Section 3751.08 | Right of entry.

...mples, 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 3751.09 | Issuing abatement orders.

...bate a violation of this chapter or a rule adopted or order issued under it. 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 any adjudication hearing in connection with any such order. Issuance of an order under this section is not a condition precedent ...

Section 3751.10 | Prosecutions.

...s received under this division shall be credited to the toxic chemical release reporting fund created in section 3751.05 of the Revised Code. (C) Any action for injunction or civil penalties under division (A) or (B) of this section is a civil action governed by the Rules of Civil Procedure.

Section 3751.11 | Liability for disclosures.

...04 of the Revised Code or EPCRA, is liable in damages in a civil action to the owner of the trade secret information for any injury or loss to person or property sustained by the owner resulting from the violation or unauthorized disclosure of that information. Any owner of information so classified as a trade secret or identified as confidential business information who, as a result of a violation of division (F) of...

Section 3751.99 | Penalty.

...Whoever purposely violates division (F) of section 3751.04 of the Revised Code shall be fined not more than twenty thousand dollars, imprisoned for not more than one year, or both. Each violation is a separate offense.

Section 3752.01 | Cessation of regulated operations definitions.

....02 of the Revised Code regardless of whether the substance is an unused product or a waste. "Hazardous substance" does not include any asbestos-containing material applied to or incorporated into a building or structure; any component or structural member of a building or structure; or any equipment, piping, or vessel located at a facility. (L) "Hazardous waste" means a substance identified or listed in rules adopt...

Section 3752.02 | Exceptions.

...ules adopted under it; (B) Equipment, petroleum, or piping owned or operated by a public utility as defined in section 4905.02 of the Revised Code or other electric light company as defined in section 4905.03 of the Revised Code or by a subsidiary of such a public utility or electric light company; (C) Any tank or underground storage tank system regulated under sections 3737.87 to 3737.98 of the Revised Code and ru...

Section 3752.03 | Adoption of rules.

...Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended, the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, and the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as amended, and regulations adopted under those acts. (B) The director, in accordance with Chapter 119. of the Revised Code, may adopt, amen...

Section 3752.04 | Notice of cessation of regulated operations.

...Unless the owner or operator of a reporting facility has submitted to the director of environmental protection in connection with the facility a notice of the temporary discontinuation of all regulated operations at the facility in compliance with division (A)(1) of section 3752.09 of the Revised Code or an application for a waiver in compliance with division (A) of section 3752.10 of the Revised Code, the owner or o...

Section 3752.05 | Designating contact person for facility.

...ning compliance with this chapter and rules adopted and orders issued under it. In addition, the director or his authorized representative may request information regarding the facility and compliance with this chapter and rules adopted and orders issued under it from the contact person and may notify the contact person of emergencies and other occurrences at the facility; however, the designation of a contact person...

Section 3752.06 | Duties of owner or operator within ninety days of cessation of regulated operations.

...Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended, and regulations adopted under it; or the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, and regulations adopted under it; or, if transported out of state, to be managed in compliance with the waste management laws of the state to which the regulated substances are transported. In the case of any regulated ...

Section 3752.07 | Securing building, structure or outdoor location against unauthorized entry.

...d Code relating to the distribution and crediting of fines for violations of the Revised Code, fines imposed under division (B) or (C) of section 3752.99 of the Revised Code for violations prosecuted by the prosecuting attorney of a county, a city director of law, or a village solicitor shall be credited to the general fund of the political subdivision on whose behalf the legal officer prosecuted the violation and sh...

Section 3752.08 | Inspection.

...e requirements of that section, applicable rules adopted under section 3752.03 of the Revised Code, and any orders issued under section 3752.16 of the Revised Code have been met. Prior to conducting the inspection, the director or his authorized representative shall schedule a time to conduct the inspection with the contact person designated by the owner or operator under section 3752.05 of the Revised Code. The cont...

Section 3752.09 | Certifying temporary discontinuance of operations.

...rary facility located on a construction site that is idle due to weather or scheduling delays and ultimately will be removed upon the completion of construction activities.