Ohio Revised Code Search
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Section 3746.23 | Civil action for recovering costs of conducting voluntary action.
...e with the requirements of section 3746.26 of the Revised Code; (7) A fiduciary or trustee who is in compliance with the requirements of section 3734.27 of the Revised Code. (H) Division (G)(5) of this section does not affect any other liability to which any person described in that division otherwise is subject under state or federal law. |
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Section 3746.24 | Tort actions - immunity.
... 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 another agreement between persons or for a breach of a warranty that exists pursuant to the Revised Code ... |
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Section 3746.25 | State, officers or employees - immunity.
...illful or wanton misconduct or intentionally tortious conduct. (C)(1) This section does not create, and shall not be construed as creating, a new cause of action against or substantive legal right against the state or an officer or employee thereof. (2) This section does not affect, and shall not be construed as affecting, any immunities from civil liability or defenses established by another section of the Revised... |
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Section 3746.26 | Exempting persons holding indicia of ownership in property primarily to protect security interest.
...rson conducts or causes to be conducted all activities occurring at the property not related to the identification or remediation of releases or threatened releases of hazardous substances or petroleum in compliance with the applicable requirements of Chapters 3704., 3714., 3734., 3737., 3750., 3751., 6109., and 6111. of the Revised Code and rules adopted under them. (2) Such a person who, after taking title to prop... |
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Section 3746.27 | Exempting fiduciary or trustee.
...illful or wanton misconduct or intentionally tortious conduct caused, contributed to, or exacerbated a release or threatened release of hazardous substances or petroleum at or upon the property; (2) After so acquiring ownership or control of the property, the fiduciary or trustee conducts or causes to be conducted all activities occurring at the property not related to the identification or remediation of releases o... |
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Section 3746.28 | Evidence of entry into or participation in program.
...es not constitute an admission of criminal liability under the laws of this state or rules adopted under them or the ordinances, resolutions, and rules of a political subdivision of this state or an admission of civil liability under the Revised Code or common law of this state. (B) The fact that a person has entered into or is participating in the voluntary action program under this chapter and rules adopted under ... |
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Section 3746.29 | Authority of director.
...authority of the director of environmental protection to act under sections 3734.13 and 3734.20 to 3734.23 of the Revised Code. (B) Nothing in this chapter limits the authority of the director to request that a civil action be brought pursuant to the Revised Code or common law of this state to recover the costs to the environmental protection agency for investigating or remediating a release or threatened release of... |
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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... |
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Section 3746.31 | Copies of materials provided upon request.
...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 requested materials are not on file in the offices of the environmental protection agency, the director, prompt... |
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Section 3746.35 | Annual reports.
...f each year, the director of environmental protection shall prepare and submit to the chairpersons of the respective standing committees of the senate and house of representatives primarily responsible for considering environmental and taxation matters a report regarding the voluntary action program established under this chapter and rules adopted under it and the tax abatements granted pursuant to sections 5709.87 a... |
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Section 3746.99 | Penalty.
...e chapters, is guilty of a felony and shall be fined at least ten thousand dollars, but not more than twenty-five thousand dollars, or imprisoned for at least two years, but not more than four years, or both. Each day of violation is a separate offense. Upon a second or subsequent conviction for such an offense, the offender shall be fined at least twenty-five thousand dollars, but not more than fifty thousand dollar... |
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Section 3747.01 | Midwest interstate compact on low-level radioactive waste.
...ereto with any other state which has legally joined the compact as follows: MIDWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE ARTICLE I POLICY AND PURPOSE There is created the midwest interstate low-level radioactive waste compact. The states party to this compact recognize that the congress of the United States, by enacting the low-level radioactive waste policy act, 42 U.S.C. 2021, has provided for an... |
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Section 3747.02 | Commission membership.
...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 radioactive waste entered int... |
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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. |
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Section 3748.01 | Radiation control program definitions.
...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 source ma... |
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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. |
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Section 3748.03 | Agreements with nuclear regulatory commission.
...(A)(1)(a) The governor, on behalf of the state, may enter into agreements with the United States nuclear regulatory commission as authorized by section 274(b) of the "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as amended, for the discontinuation of specified licensing and related regulatory authority of the commission with respect to byproduct material, source material, the commercial disposal of low... |
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Section 3748.04 | Director of health rules for requirements, procedures and fees.
...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... |
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Section 3748.05 | Director of health - powers and duties.
...(A) The director of health shall do all of the following: (1) Administer and enforce this chapter and the rules adopted under it; (2) Collect and make available information relating to sources of radiation; (3) Ensure the review of plans and specifications, submitted in accordance with rules adopted by the director, for the control of radiation that constitutes an unreasonable or unnecessary risk to human h... |
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Section 3748.06 | Compliance with licensing provisions and rules.
...(A) No facility shall handle radioactive material or radiation-generating equipment for which licensure or registration, respectively, by its handler is required by rules adopted under section 3748.04 of the Revised Code unless the facility has obtained a license or certificate of registration from the department of health. (B) No facility shall handle radioactive material or radiation-generating equipment except in... |
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Section 3748.07 | Applying for license or certificate of registration.
...at 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 registration may be amended in accordance with rules adopted under section 3748.04 ... |
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Section 3748.10 | Prohibiting treatment, recycling, storing or disposal of waste except at licensed facility.
...in this section, "person" means any legal entity defined as a person under section 1.59 of the Revised Code, the state or any agency of the state, any political subdivision or agency of a political subdivision, and the United States or any agency or instrumentality of the United States other than the United States department of energy or the United States nuclear regulatory commission where state regulation of ... |
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Section 3748.11 | Compliance with rules.
...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 federal jurisdiction for oversight of closure, decontamination, decommissioning, reclamatio... |
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Section 3748.12 | Certifying radiation experts.
... (C) of this section, the director of health shall certify radiation experts pursuant to rules adopted under division (C) of section 3748.04 of the Revised Code. The director shall issue a certificate to each person certified under this section. An individual certified by the director is qualified to develop, provide periodic review of, and conduct audits of the quality assurance program for sources of radiation for ... |
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Section 3748.121 | Effect of child support default on certificate.
... of the Revised Code, the director of health shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to section 3748.12 of the Revised Code. |