Ohio Revised Code Search
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Section 3746.14 | Filing papers with county recorder.
...(A) Except as otherwise provided in division (B) of this section, the person to whom a covenant not to sue for a property has been issued under section 3746.12 of the Revised Code shall file for recording in the office of the county recorder of the county in which the property is located a true and accurate copy of all of the following: (1) The no further action letter issued under section 3746.11 of the Revised Cod... |
Section 3746.15 | Consolidated standards permit.
...this section, the director shall hold a public meeting on it in the county in which the affected property is located or in an adjacent county. At least thirty days prior to holding the public meeting, the director shall publish notice of the meeting in a newspaper of general circulation in the county in which the property is located and, if the affected property is located in close proximity to the boundary of the co... |
Section 3746.16 | Voluntary action program administration fund.
...Moneys collected by the director of environmental protection under this chapter and rules adopted under it shall be forwarded to the treasurer of state who shall deposit them to the credit of the voluntary action program administration fund, which is hereby created in the state treasury. The director shall expend moneys in the fund exclusively for the implementation, administration, and enforcement of this chapter an... |
Section 3746.17 | Audits.
...ctivities. Audits conducted pursuant to contracts entered into under division (D) of this section or division (B) of section 3745.01 of the Revised Code shall be included in determining the number of audits conducted by the director during the year in which the audits were conducted. (C) The director shall select the no further action letters to be audited under this section in accordance with the selection criteri... |
Section 3746.171 | Maintaining record of properties with institutional controls.
...The director of environmental protection shall maintain a record of the properties for which covenants not to sue were issued under section 3746.12 of the Revised Code that involve institutional controls or activity and use limitations that restrict the use of the properties in order to comply with applicable standards. The records pertaining to those properties shall indicate the use restrictions or activity and use... |
Section 3746.18 | Request for supporting documents and data.
...(A) The director of environmental protection may request a certified professional or certified laboratory or accredited laboratory to provide the director documents and data for the purposes of verifying the qualifications of the professional or laboratory or auditing the performance of the professional or laboratory in connection with voluntary actions conducted under this chapter and rules adopted under it or may r... |
Section 3746.19 | Notice of noncompliance by certified professional or laboratory.
...(A) If the director of environmental protection finds that the performance of a certified professional or certified laboratory has resulted in the issuance of no further action letters under section 3746.11 of the Revised Code that are not consistent with applicable standards, the director shall notify persons for whom the certified professional or certified laboratory has performed work in connection with a voluntar... |
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 3746.21 | Right of entry.
...s upon any of the following: (1) Any public or private property at which a voluntary action has been or is being conducted under this chapter and rules adopted under it; (2) Any public or private property, real or personal, that is owned or operated by a person who is participating or has participated in the voluntary action program under this chapter and rules adopted under it where data, information, records,... |
Section 3746.22 | Prosecutions.
...(A) The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation of section 3746.14, 3746.15, 3746.18, or 3746.20 of the Revised Code has occurred or is occurring, upon the written request of the director of environmental protection, shall criminally prosecute to termination or bring an action for injunction in any court of competent jurisdiction against any ... |
Section 3746.23 | Civil action for recovering costs of conducting voluntary action.
...ive 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 is being or was undertaken under this chapter and rules adopted under it; (2) Investigating the nature and extent of contamination of the property by... |
Section 3746.24 | Tort actions - immunity.
...hazardous substance or petroleum. (2) "Public utility" includes, without limitation, a person engaged in the storage and transportation of natural gas. (3) "Tort action" means a civil action for damages for harm and includes a civil action under section 3746.23 of the Revised Code for recovery of the costs of conducting a voluntary action, but does not include a civil action for damages for a breach of contract or ... |
Section 3746.25 | State, officers or employees - immunity.
...(A) As used in this section: (1) "Harm" means injury, death, or loss to person or property. (2) "Tort action" means a civil action for damages for harm and includes a civil action under section 3746.23 of the Revised Code for recovery of the costs of conducting a voluntary action, but does not include a civil action for damages for a breach of contract or another agreement between persons or for a breach of a warra... |
Section 3746.26 | Exempting persons holding indicia of ownership in property primarily to protect security interest.
...a monthly basis in either a real estate publication or a trade or other publication suitable for the property in question, or a newspaper of general circulation in the area where the property is located. For the purposes of division (F)(2)(a) of this section, the twelve-month period begins to run from the time that the holder acquires a marketable title, provided that the holder, after the expiration of any redemptio... |
Section 3746.27 | Exempting fiduciary or trustee.
...(A) A fiduciary or trustee who acquires ownership or control of property without having owned, operated, or participated in the management of the property prior to acquiring ownership or control of it is not liable for the costs of conducting a voluntary action in a civil action brought under section 3746.23 of the Revised Code in connection with a voluntary action undertaken at the property or for the costs of ident... |
Section 3746.28 | Evidence of entry into or participation in program.
...action constitute a threat or danger to public health or safety or the environment. |
Section 3746.29 | Authority of director.
...s an imminent and substantial threat to public health or safety or the environment. |
Section 3746.30 | No effect on obligations, rights and liabilities arising under other state and federal laws.
...(A) Nothing in this chapter shall be construed as abrogating any obligation or right established in federal law. (B) Nothing in this chapter shall be construed as releasing a person to whom the director of environmental protection has issued any final findings and orders under Chapter 3704., 3734., or 6111. of the Revised Code on or before September 28, 1994, from the obligation to comply with any requirements estab... |
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 3746.35 | Annual reports.
...e variance and brief description of the improvement in environmental conditions at the property that is anticipated to result from compliance with the alternative standards and terms and conditions set forth in the variance; (c) A brief description of the economic benefits to the person to whom the variance was issued and the community in which the property is located that are anticipated to result from the underta... |
Section 3746.99 | Penalty.
...(A) Whoever recklessly violates section 3746.15 of the Revised Code in a manner that otherwise would constitute a violation of Chapter 3734. of the Revised Code or rules adopted under it, or knowingly violates that section in a manner that otherwise would constitute a violation of Chapter 3704., 3714., or 6111. of the Revised Code or rules adopted under any of those chapters, is guilty of a felony and shall be fined ... |
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 3747.03 | Bylaws and amendments.
...The governor shall ensure that the bylaws of the midwest low-level radioactive waste commission and any amendments thereto are filed promptly with the secretary of state. |
Section 3748.01 | Radiation control program definitions.
...te, any political subdivision, person, public or private institution, or group, or any unit of one of those entities, but does not include the federal government or any of its agencies. (2) For the purposes of the disposal of low-level radioactive waste, "facility" has the same meaning as in section 3747.01 of the Revised Code. (I) "Handle" means receive, possess, use, store, transfer, install, service, or di... |
Section 3748.02 | Ohio radiation control agency designation.
...(A) The department of health is hereby designated the Ohio radiation control agency. (B) In accordance with the laws of this state, the director of health may employ, compensate, and prescribe the duties of individuals necessary to implement and administer this chapter and the rules adopted under it. |