Ohio Revised Code Search
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Section 3734.20 | Investigations.
...nstitute a substantial threat to public health or safety; or (b) Are causing or contributing to or threatening to cause or contribute to air or water pollution or soil contamination. The director may obtain samples and examine and copy records for purposes of an investigation. (2) The director or the director's authorized representative may apply for, and any judge of a court of common pleas shall issue, an approp... |
Section 3734.21 | Paying costs of closing, constructing or restoring facilities.
...nstitute a substantial threat to public health or safety. I n addition, the director may expend and pledge m oney credited to the hazardous waste facility management fund, the hazardous waste clean-up fund, or the environmental protection remediation fund for repayment of and for interest on any loan made by the Ohio water development authority to the environmental protection agency for the payment of such costs. ... |
Section 3734.22 | Agreement with owner prior to cleanup.
...y o r appropriate to protect the public health or safety, the agreement may require the owner to enter into an environmental covenant with the director in accordance with sections 5301.80 to 5301.92 of the Revised Code. Upon a breach of the reimbursement provisions of the agreement by the owner of the land or facility, or upon notification to the director by the owner that the owner is unable to perform the duties u... |
Section 3734.23 | Acquiring facility constituting imminent and substantial threat - restoration contracts.
...minent and substantial threat to public health or safety or results in air pollution, pollution of the waters of the state, or soil contamination. For this purpose and for the purposes of division (B) of this section, the director may expend moneys from 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 Revis... |
Section 3734.24 | Transferring or selling cleaned up facility.
...shall, when necessary to protect public health or safety, enter into an environmental covenant in accordance with sections 5301.80 to 5301.92 of the Revised Code. When selling any such cleaned-up facility, the director shall retain the right to enter upon the facility, in person or by an authorized agent, to provide for the post-closure care, maintenance, and monitoring of the facility. The director shall provi... |
Section 3734.25 | Paying portion of costs of closing facility or abating pollution.
...al facility where necessary to protect public health or safety or to prevent or abate air or water pollution or soil contamination. (C) The director shall determine the amount of the grant based upon the director's determination of what constitutes reasonable and necessary expenses for the proper closure of the facility or for the prevention or elimination of air or water pollution or soil contamination from t... |
Section 3734.26 | Grants to and contracts with owner of facility.
...al facility where necessary to protect public health or safety or to abate or prevent air or water pollution or soil contamination. (C) The director shall determine the amount of the grant based upon the director's determination of what constitutes reasonable and necessary expenses for the proper closure of the facility or for the abatement or prevention of air or water pollution or soil contamination from the... |
Section 3734.27 | Application and survey to precede grant.
... based upon the feasibility, cost, and public benefits of restoring the particular land and the availability of federal or other financial assistance for restoration, establish priorities for awarding grants from the fund. |
Section 3734.28 | Hazardous waste clean-up fund.
...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... |
Section 3734.281 | Environmental protection remediation fund.
...there is a substantial threat to public health or safety or the environment. Remediation may include the direct and indirect costs associated with the overseeing, supervising, performing, verifying, or reviewing of remediation activities by agency employees. All investment earnings of the fund shall be credited to the fund. The director of environmental protection may enter into contracts and grant agr... |
Section 3734.282 | Natural resource damages fund.
...Except for natural resource damage assessment costs recovered by the state that are required by section 3734.28 of the Revised Code to be credited to the hazardous waste clean-up fund created in that section, all money collected by the state for natural resources damages under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended, ... |
Section 3734.29 | Claim for personal injuries or real property damage resulting from violation.
...Notwithstanding any other provision of the Revised Code that limits the time within which an action shall be commenced, a cause of action for personal injury or real property damage resulting from a civil violation of the hazardous waste provisions of this chapter shall not be deemed to have accrued or arisen until the plaintiff discovers or reasonably should have discovered the injuries or damage, provided that this... |
Section 3734.30 | State's liability for injury or damage.
...The state i s immune from liability for any injury or damage resulting from a ny of the following: (A) Operation of a hazardous waste facility, solid waste facility, or construction and demolition debris facility by a person other than an agency, department, or institution of the state; (B) Conditions present at a facility that is acquired by the state by gift or devise ; (C) Activities conducted pursuant to sect... |
Section 3734.31 | Inspecting and monitoring facilities.
...(A) The director of environmental protection shall employ and equip such individuals as are needed to adequately and regularly inspect and monitor operating hazardous waste facilities, infectious waste treatment facilities, or solid waste facilities located off the premises where hazardous waste, infectious waste, or solid waste is generated. (B) The director may employ and equip such individuals as are necessary to... |
Section 3734.35 | Affected community may request compensation agreement.
...; (5) Enforcement of applicable public health codes; (6) Enforcement of applicable environmental laws. The request shall state with particularity the nature and extent of the alleged impacts upon the affected community or communities for which compensation is sought, the amount of compensation sought, and the terms of payment of compensation sought. The affected community or board of county commissioners represent... |
Section 3734.40 | Policy as to off-site treatment, storage and disposal of wastes.
...l contributions to the general welfare, health, and prosperity of the state and its inhabitants by minimizing the serious health and environmental threats inherent in the management of these wastes; (B) That the regulatory provisions of this chapter are designed to extend strict state regulation to those persons involved in the operations of these permitted activities so as to foster and justify the public confidenc... |
Section 3734.41 | Qualifications of licensees and related persons definitions.
...oncern or, if the business concern is a publicly traded corporation, all individuals or business concerns holding more than five per cent of the equity in or debt liability of that business concern, except that when the debt liability is held by a chartered lending institution, the applicant need supply only the name and business address of the lending institution; (2) The full name, business address, and social sec... |
Section 3734.42 | Disclosure statement.
...(A)(1) Every applicant for a permit shall file a disclosure statement, on a form developed by the attorney general, with the director of environmental protection and the attorney general at the same time the applicant files an application for the permit with the director. (2) Any individual required to be listed in the disclosure statement shall be fingerprinted for identification and investigation purposes in acco... |
Section 3734.43 | Investigative demand by attorney general.
...ding any provision of the Revised Code, public officers and their deputies, assistants, clerks, subordinates, and employees shall render and furnish to the attorney general or his designated representatives when so requested all information and assistance in their possession or within their power. The attorney general or his authorized representatives shall provide the same degree of confidentiality for any informati... |
Section 3734.44 | Issuance or renewal of permit or license.
... environmental protection or a board of health: (A) Unless the director or the board of health finds that the applicant, in any prior performance record in the transportation, transfer, treatment, storage, or disposal of solid wastes, infectious wastes, or hazardous waste, has exhibited sufficient reliability, expertise, and competency to operate the solid waste, infectious waste, or hazardous waste facility, given... |
Section 3734.45 | Causes for revocation.
...of environmental protection or board of health for any of the following causes, in addition to other causes for revocation authorized by this chapter: (A) Any cause that would require disqualification pursuant to division (A), (B), (D), or (E) of section 3734.44 of the Revised Code from receiving a permit upon original application; (B) Fraud, deceit, or misrepresentation in securing the permit or in the conduct of ... |
Section 3734.46 | Effect of disqualification.
...ermit or license is necessitated by the public interest. |
Section 3734.47 | Investigations and review of applications for permits and licenses.
...The director of environmental protection and the attorney general may adopt, in accordance with Chapter 119. of the Revised Code, rules necessary to implement the investigations and review of applications for permits and licenses as required under sections 3734.40 to 3734.47 of the Revised Code. |
Section 3734.48 | Coal combustion residuals.
...(A) As used in this section: (1) "Coal combustion residuals" means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers, as defined in 40 C.F.R. Part 257. (2) "Coal combustion residuals landfill" means an area of land or an excavation that receives coal combustion resid... |
Section 3734.49 | Materials management advisory council.
...ation; (7) One member representing the public; (8) Six members, representing private industry, with knowledge of or experience in waste management, recycling, or litter prevention programs. Those members also shall represent a broad range of interests, including manufacturing, wholesale, retail, labor, raw materials, commercial recycling, and solid waste management. (B)(1) The governor shall make initial appointme... |