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Section 6111.022 | Proposed filling of wetland subject to level one review.

...(A) A proposed filling of a category 1 or a category 2 isolated wetland of one-half acre or less shall require a general state isolated wetland permit and be subject to level one review requirements established under division (B) of this section. (B) Level one review shall apply only to the filling of a category 1 or a category 2 isolated wetland as described in division (A) of this section requiring a genera...

Section 6111.023 | Proposed filling of wetland subject to level two review.

...cts. (6) Storm water and water quality controls will be installed to ensure that peak post-development rates of surface water runoff from the impacted isolated wetland do not exceed the peak pre-development rates of runoff from the on-site isolated wetland. Water quality improvement measures shall be incorporated into the design of the storm water control measures to the maximum extent practicable. Examples of...

Section 6111.024 | Proposed filling of wetland subject to level three review.

...(A) A proposed filling of a category 2 isolated wetland of greater than three acres or a category 3 isolated wetland shall require an individual state isolated wetland permit and be subject to level three review requirements established under division (B) of this section. (B) Level three review shall apply to the filling of a category 2 or a category 3 isolated wetland described in division (A) of this sectio...

Section 6111.025 | Wetland mitigation banks.

...(A) The department of natural resources, the division of wildlife in that department, or any other division in that department that is designated by the director of natural resources may establish and operate a wetland mitigation bank for purposes of sections 6111.02 to 6111.027 of the Revised Code. A mitigation bank so established may be used by any individual or entity, including any agency or department of t...

Section 6111.026 | Application for a general and individual state isolated wetland permit - notice and hearing.

...tion 404 of the Federal Water Pollution Control Act, the director, at the request of the applicant, may revise the time periods established in this section for the public comment period and public hearing, if applicable, to coincide with the time periods for an application for a 401 water quality certification. If the applicant makes such a request, the director also may revise the time periods established in section...

Section 6111.027 | Mitigation for impacts to isolated wetlands.

...(A) Mitigation for impacts to isolated wetlands under sections 6111.02 to 6111.027 shall be conducted in accordance with the following ratios: (1) For category 1 and category 2 isolated wetlands, other than forested category 2 isolated wetlands, mitigation located at an approved wetland mitigation bank shall be conducted, or mitigation shall be paid for under an in-lieu fee mitigation program, at a rate of two time...

Section 6111.028 | Discharge of dredged material into isolated wetlands.

...(A) The discharge of dredged material into isolated wetlands is subject to sections 6111.021 to 6111.027 of the Revised Code. (B) As used in this section: (1) "Discharge of dredged material" has the same meaning as in 33 CFR 323.2 as effective February 16, 2001. (2) "Dredged material" means material that is excavated or dredged from isolated wetlands. "Dredged material" does not include material resulting from nor...

Section 6111.03 | Water pollution control powers of director of environmental protection.

... plans and programs for the prevention, control, and abatement of new or existing pollution of the waters of the state; (B) Advise, consult, and cooperate with other agencies of the state, the federal government, other states, and interstate agencies and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter. Before adopting, amending, or rescinding a standard or...

Section 6111.031 | Modification of terms and conditions of permit.

...stent with the "Federal Water Pollution Control Act," may modify the terms and conditions of a permit or issue a permit upon conditions at variance from a national effluent limitation set under section 301 of the "Federal Water Pollution Control Act" upon application filed therefor after July 1, 1977, and a showing satisfactory to the director that such modified terms and conditions (1) will require the maximum use o...

Section 6111.032 | Primary authority to reside in legislative authority or governing board.

...be met; (3) Industrial water pollution control facilities discharging into its sewerage systems, treatment works, and disposal systems; (4) The establishment, operation, administration, and enforcement of its publicly owned treatment works pretreatment program, including inspection, monitoring, and reporting programs and activities. (B) The rules adopted by the legislative authority or governing board pursuant to ...

Section 6111.035 | Coal mining and reclamation operations general permits.

...istent with the Federal Water Pollution Control Act and the regulations adopted thereunder, without application therefor, may issue, modify, revoke, or terminate a general permit under this chapter for both of the following: (1) Discharge of stormwater; the discharge of liquids, sediments, solids, or water-borne mining related waste, such as, but not limited to, acids, metallic cations, or their salts, from c...

Section 6111.036 | Water pollution control loan fund.

...e is hereby created the water pollution control loan fund to provide financial, technical, and administrative assistance as follows: (1) For the construction of publicly owned wastewater treatment works, as "construction" and "treatment works" are defined in section 212 of the Federal Water Pollution Control Act, by municipal corporations, other political subdivisions, state agencies, and interstate agencies having...

Section 6111.037 | Nonpoint source pollution management fund.

...on 319 of the "Federal Water Pollution Control Act," the director of environmental protection may enter into agreements to receive grant moneys for nonpoint source pollution management for deposit into the state treasury to the credit of the water quality protection fund created in section 6111.0381 of the Revised Code. The director may enter into agreements to make grants of moneys credited to the fund under ...

Section 6111.039 | Class B sludge rules requiring the posting of notice regarding the land application.

...The director of environmental protection shall adopt rules in accordance with Chapter 119. of the Revised Code requiring the posting of notice regarding the land application of sludge that is classified as class B sludge under 40 C.F.R. 503.

Section 6111.0381 | Water quality protection fund.

...ursuant to the Federal Water Pollution Control Act, and contributions made to the environmental protection agency for water quality protection and restoration. The director of environmental protection shall use money in the fund for water quality protection and restoration.

Section 6111.0382 | Surface water improvement fund.

...(A) There is hereby created in the state treasury the surface water improvement fund. The fund shall include, but is not limited to, money derived from any of the following: (1) Payments, contributions, and donations made to the environmental protection agency for water quality restoration and protection projects; (2) Payments made under an in-lieu fee mitigation program established by the agency under secti...

Section 6111.04 | Water pollution and sludge management violations prohibited.

...entirely confined to the land under the control of the person engaged in the recovery and processing of the sand, gravel, other aggregates, or mineral products and do not result in the pollution of waters of the state; (2) Water, gas, or other material injected into a well to facilitate, or that is incidental to, the production of oil, gas, artificial brine, or water derived in association with oil or gas productio...

Section 6111.041 | Standards of water quality.

...ion 303 of the "Federal Water Pollution Control Act" and shall be designed to improve and maintain the quality of such waters for the purpose of protecting the public health and welfare, and to enable the present and planned use of such waters for public water supplies, industrial and agricultural needs, propagation of fish, aquatic life, and wildlife, and recreational purposes. Such standards may be amended from tim...

Section 6111.042 | Rules requiring compliance with Federal Water Pollution Control Act.

... and 405 of the Federal Water Pollution Control Act. No person shall violate any such rule, except in compliance with the terms and conditions of a permit issued under section 6111.03 of the Revised Code. To the extent the effluent limitations adopted by the administrator of the United States environmental protection agency pursuant to section 304 of the Federal Water Pollution Control Act are inapplicable, the dire...

Section 6111.044 | Injection well drilling or operating permit.

...comply with the Federal Water Pollution Control Act and regulations adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted under it; and this chapter and the rules adopted under it. If the application demonstrates that the proposed activities will not comply or will pose an unreasonable risk of inducing seismic activity, inducing geologic fractur...

Section 6111.046 | Annual permit fee - underground injection control fund.

...e credited to the underground injection control fund, which is hereby created in the state treasury. Beginning July 1, 1992, and annually thereafter, the director shall request the office of budget and management to, and the office shall, transfer fifteen per cent of the moneys in the fund to the geological mapping fund created in section 1505.09 of the Revised Code for the purpose of paying the expenses of the depar...

Section 6111.047 | Tonnage fees for injection of waste.

...is section to the underground injection control fund created in section 6111.046 of the Revised Code. (C) The director, by rules adopted in accordance with Chapter 119. of the Revised Code, shall prescribe any dates not specified in this section and procedures for collecting and forwarding the fee levied by this section. The rules may prescribe other requirements for implementing and administering this section. (...

Section 6111.048 | Temporary assistance of state employees.

...In the discharge of his duties under sections 6111.043 to 6111.045 of the Revised Code, the director of environmental protection may call to his assistance temporarily employees of any state department, agency, authority, or institution, or any college or university financed wholly or partly by the state. The employees shall not receive any additional compensation above that which they receive from the departments, a...

Section 6111.049 | Tonnage fees for injection of waste - exceptions.

...Section 6111.047 and rules adopted under division (B)(5) of section 6111.043 of the Revised Code do not apply to any nonhazardous class I injection well that disposes of naturally occurring formation fluids extracted during salt mining processes into an injection zone consisting of the Oriskany sandstone at depths of not more than one thousand five hundred feet.

Section 6111.05 | Investigation of alleged act of pollution or failure to comply.

... and 502 of the Federal Water Pollution Control Act, and may apply to the court of common pleas having jurisdiction for a warrant permitting the entrance and inspection. Any authorized representative of the director at reasonable times may examine any records or memoranda pertaining to sludge management, the operation of disposal systems, the drilling, conversion, or operation of injection wells, or discharges by "i...

Section 3796.061 | Petition for form or method of use.

...ition to the state division of cannabis control requesting that a form of or method of using medical marijuana be approved for the purposes of section 3796.06 of the Revised Code. A petition shall be submitted to the division in a manner prescribed by the division. A petition shall not seek to approve a method of using medical marijuana that involves smoking or combustion. (B) On receipt of a petition, the divisio...

Section 3796.062 | Transportation of marijuana.

...(A) No person shall knowingly transport marijuana other than adult-use marijuana, medical marijuana, or homegrown marijuana in a motor vehicle. (B) No person shall knowingly transport medical marijuana or adult-use marijuana in a motor vehicle unless one of the following applies: (1) The adult-use marijuana or medical marijuana is in the original, unopened packaging in which it was dispensed or sold; (2) If pre...

Section 3796.07 | Electronic database.

...The division of cannabis control shall establish and maintain an electronic database to monitor adult-use and medical marijuana from its seed source through its cultivation, processing, testing, and dispensing. The division may contract with a separate entity to establish and maintain all or any part of the electronic database on behalf of the department. The electronic database shall allow for information regardin...

Section 3796.08 | Registration.

...shall apply to the division of cannabis control for registration. The physician who holds a certificate to recommend issued by the state medical board and is treating the patient or the physician's delegate shall submit the application on the patient's or caregiver's behalf in the manner established in rules adopted under section 3796.03 of the Revised Code. (2) The application shall include all of the following: ...

Section 3796.09 | License to cultivate, process or test marijuana.

...licensure with the division of cannabis control. The entity shall file an application for each location from which it seeks to operate. Each application shall be submitted in accordance with rules adopted under section 3796.03 of the Revised Code. (B) The division shall evaluate and prioritize applications for licensure under this section according to the applicant's eligibility, suitability, and ability to operate...

Section 3796.10 | Application to dispense.

...icensure with the division of marijuana control. The entity shall file an application for each location from which it seeks to operate. Each application shall be submitted in accordance with rules adopted under section 3796.03 of the Revised Code. (B) The division shall evaluate and prioritize applications for licensure under this section according to the applicant's eligibility, suitability, and ability to operat...

Section 3796.11 | Information provided by department of taxation.

...the request of the division of cannabis control, the department of taxation shall provide to the division all of the following information: (a) Whether an applicant for licensure under this chapter is in compliance with the applicable tax laws of this state; (b) Any past or pending violation by the applicant of those tax laws, and any penalty imposed on the applicant for such a violation. (2) The division sh...

Section 3796.12 | Criminal records check.

... this chapter, the division of cannabis control shall require each of the following to complete a criminal records check: (a) An administrator or other person responsible for the daily operation of the entity seeking the license; (b) An owner or prospective owner, officer or prospective officer, or board member or prospective board member of the entity seeking the license. (2) If a person subject to the crim...

Section 3796.13 | Employment.

... this section, the division of cannabis control shall establish standards for provisional employment of individuals who have exigent circumstances. (2) Such standards must include, at minimum, a requirement that the individual seeking provisional employment submit evidence of compliance with sections 4776.01 to 4776.04 of the Revised Code. (3) A provisional employment authorization made under division (B) of this...

Section 3796.14 | Authority of department of commerce.

...(A) The division of cannabis control may do any of the following for any reason specified in rules adopted under section 3796.03 of the Revised Code: (1) Suspend, suspend without prior hearing, revoke, or refuse to renew a license or registration it issued under this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment ; (2) Refuse to issu...

Section 3796.15 | Enforcement.

...(A) The division of cannabis control and the Ohio investigative unit shall enforce this chapter, or cause it to be enforced. Subject to division (E) of section 3796.14 of the Revised Code, if the division or the unit has information that this chapter or any rule adopted under this chapter has been violated, it shall investigate the matter and take any action as it considers appropriate. (B) If the division suspend...

Section 3796.16 | Reciprocity agreements.

...(A)(1) The division of cannabis control shall attempt in good faith to negotiate and enter into a reciprocity agreement with any other state under which a medical marijuana registry identification card or equivalent authorization that is issued by the other state is recognized in this state, if the division determines that both of the following apply: (a) The eligibility requirements imposed by the other state for...

Section 3796.17 | Toll-free telephone line.

...The division of cannabis control shall establish a toll-free telephone line to respond to inquiries from adult-use consumers, medical marijuana patients, caregivers, and health professionals regarding adverse reactions to marijuana and to provide information about available services and assistance. The division may contract with a separate entity to establish and maintain the telephone line on behalf of the division.

Section 3796.18 | Cultivator license.

...pensary. (D) The division of cannabis control shall issue the following types of cultivation licenses: (1) A level I cultivator license that authorizes the license holder to operate a cultivation area specified by the division, not to exceed one hundred thousand square feet; (2) A level II cultivator license that authorizes the license holder to operate a cultivation area specified by the division, not to excee...

Section 3796.19 | Processor license.

...es adopted by the division of marijuana control under sections 3796.03 and 3796.32 of the Revised Code.

Section 3796.20 | Dispensary license.

...les adopted by the division of cannabis control: (a) The name and address of the licensed processor and retail dispensary; (b) A statement that the use of adult-use marijuana by individuals under twenty-one years of age is both harmful and illegal; (c) The quantity, strength, kind, or form of adult-use marijuana contained in the package. (D)(1) A licensed dispensary shall use only employees who have met the...

Section 3796.21 | Rights of current laboratory license holders.

...(A) Notwithstanding any conflicting provision of the Revised Code, a licensed laboratory, including the holder of a current, valid laboratory license issued under this chapter before the effective date of this amendment, shall do both of the following: (1) Obtain medical marijuana and adult-use marijuana from one or more licensed cultivators, licensed processors, and licensed dispensaries; (2) Conduct testing in ...

Section 3796.22 | Rights of registered patient.

...(A) Notwithstanding any conflicting provision of the Revised Code, a patient registered under this chapter who obtains medical marijuana from a licensed dispensary in accordance with this chapter may do all of the following: (1) Use medical marijuana; (2) Possess medical marijuana, subject to division (B) of this section; (3) Possess any paraphernalia or accessories that may be used in the administration of ...

Section 3796.221 | Rights of adult-use users.

...(A) Notwithstanding any conflicting provision of the Revised Code, an adult-use consumer who obtains adult-use marijuana from a licensed dispensary may do all of the following: (1) Use adult-use marijuana; (2) Possess adult-use marijuana, subject to division (B) of this section; (3) Possess any paraphernalia or accessories that may be used in the administration of adult-use marijuana as specified in rules adopt...

Section 3796.23 | Rights of caregiver.

...(A) Notwithstanding any conflicting provision of the Revised Code, a caregiver registered under this chapter who obtains medical marijuana from a licensed dispensary may do any of the following: (1) Possess medical marijuana on behalf of a registered patient under the caregiver's care, subject to division (B) of this section; (2) Assist a registered patient under the caregiver's care in the use or administratio...

Section 3796.24 | Liability.

...(A) The holder of a license, as defined in section 4776.01 of the Revised Code, is not subject to professional disciplinary action solely for engaging in professional or occupational activities related to medical marijuana. (B) Unless there is clear and convincing evidence that a child is unsafe, the use, possession, or administration of medical marijuana in accordance with this chapter shall not be the sole or pri...

Section 3796.27 | Financial institutions.

... institution, the division of marijuana control shall provide to the financial institution all of the following information: (a) Whether a person with whom the financial institution is seeking to do business is a license holder; (b) The name of any other business or individual affiliated with the person; (c) An unredacted copy of the application for a license under this chapter or under Chapter 3780. of the ...

Section 3796.28 | Rights of employer.

...(A) Nothing in this chapter does any of the following: (1) Requires an employer to permit or accommodate an employee's use, possession, or distribution of marijuana; (2) Prohibits an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's use,...

Section 3796.29 | Limitations on number of cultivators, processors, or retail dispensaries by localities.

...(A) Except as otherwise provided in division (B) of this section, the legislative authority of a municipal corporation or a board of township trustees may adopt an ordinance or a resolution, to prohibit, or limit the number of, licensed cultivators, licensed processors, or licensed dispensaries within the municipal corporation or within the unincorporated territory of the township, respectively. (B) The legislative...

Section 3796.30 | Activities prohibited near schools, churches, libraries, playgrounds or parks.

...r public park, the division of cannabis control shall deny the request for relocation. (C) This section does not require relocation or closure of a facility used by a licensed cultivator, licensed processor, licensed dispensary, or licensed laboratory, if that facility has a certificate of operation at the time a school, church, public library, public playground, or public park relocates, or is established, on a p...