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public health nuisance in pools
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Section 3750.21 | Liability for disclosures.

...ficer or employee of a fire department, health professional, physician, nurse, or other person who receives information classified 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 divisio...

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

...attack including the Ohio department of public safety, the Ohio highway patrol, the office of homeland security, and the emergency management agency. (2) A local emergency planning committee, fire department, sheriff, or chief of police, or other public office that receives a vulnerability assessment or other security-sensitive information pursuant to division (A)(1) of this section may provide a copy of that assess...

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.

...As used in this chapter: (A) "Confidential business information" means the types or categories of information identified in rules adopted by the administrator of the United States environmental protection agency under EPCRA. (B) "EPCRA" means the "Emergency Planning and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, et seq. (C) "Facility" means all buildings, equipment, structures, and othe...

Section 3751.02 | Authority of director.

...The director of environmental protection may do any of the following: (A) Adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements or authorizations that the director considers necessary or appropriate to implement and administer this chapter. (B) As the representative of the governor pursuant to EPCRA, request the administrator of the United States environmental protection agency t...

Section 3751.03 | Submission of toxic chemical release forms.

...l, state, and local governments and the public, including residents of communities surrounding facilities covered by this section. (C) No owner or operator of a facility who is required by this section to file a toxic chemical release form shall fail to submit a toxic chemical release form as required by this section. (D) An owner or operator of a facility who is required under this section to file a toxic chemical...

Section 3751.04 | Specific chemical identity as trade secret.

...ide the specific chemical identity to a health professional, physician, or nurse pursuant to division (D) of this section. (C) The governor may, pursuant to EPCRA, request the administrator of the United States environmental protection agency to provide specific chemical identities that are claimed or have been determined to be trade secret information or the explanations and supplemental information supporting trad...

Section 3751.05 | Toxic chemical release reporting fund.

...All civil penalties received under division (B) of section 3751.10 of the Revised Code shall 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.

...No political subdivision or local emergency planning committee of an emergency planning district established under section 3750.03 of the Revised Code shall enforce any ordinance, resolution, rule, or requirement for the reporting or providing of the names or amounts of toxic chemicals manufactured, processed, or otherwise used at facilities within the political subdivision or district; for the reporting or providing...

Section 3751.07 | Prohibitions.

...No person shall violate any section of this chapter or a rule adopted or order issued under it.

Section 3751.08 | Right of entry.

...at reasonable times upon any private or public property, real or personal, to inspect or investigate, obtain samples, 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 inspecti...

Section 3751.09 | Issuing abatement orders.

...The director of environmental protection may issue orders requiring the owner or operator of a facility where toxic chemicals are manufactured, processed, or otherwise used to abate 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 ...

Section 3751.10 | Prosecutions.

...(A) The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation has occurred or is occurring, upon the written request of the director of environmental protection, shall prosecute to termination or bring an action for injunction against any person who has violated or is violating any section of this chapter or any rule adopted or order issued under it. The c...

Section 3751.11 | Liability for disclosures.

...ficer or employee of a fire department, health professional, physician, nurse, or other person who receives information classified as a trade secret or identified as confidential business information pursuant to EPCRA and who violates division (F) of section 3751.04 of the Revised Code or otherwise discloses information classified as a trade secret or identified as confidential business information pursuant to that a...

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.

...As used in this chapter: (A) "Asbestos" has the same meaning as in section 3710.01 of the Revised Code. (B) "Asbestos-containing material" means any material that contains more than one per cent by weight of asbestos. (C) "Cessation of regulated operations" means the discontinuation or termination of regulated operations or the finalizing of any transaction or proceeding through which those operations are disconti...

Section 3752.02 | Exceptions.

...oleum, 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 rules adopted under them; (D) Except as othe...

Section 3752.03 | Adoption of rules.

...(A) The director of environmental protection, in accordance with Chapter 119. of the Revised Code, shall adopt, and subsequently may amend or rescind, rules doing all of the following: (1) Establishing guidelines for the demonstrations required to be made in an application for a waiver under division (A) of section 3752.10 of the Revised Code; (2) Prescribing methods to be used in securing buildings, structures, an...

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.

...(A) Each owner or operator who is required to submit a notice of cessation of all regulated operations under section 3752.04 of the Revised Code and a certification of the removal of regulated substances under section 3752.06 of the Revised Code shall designate a contact person in connection with the reporting facility. The contact person shall have the responsibility to provide access to the facility named in the no...

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

...(A) 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, has submitted an application for a waiver in compliance with or been issued a waiver under division (A) of...

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

...ted substances that may endanger public health or safety if released into the environment. The owner or operator shall continue the security measures, and maintain the warning signs, as required at each such building, structure, or outdoor location of operation until the owner or operator has complied with section 3752.06 of the Revised Code and the director has verified the compliance and concurred with the owner's ...

Section 3752.08 | Inspection.

...(A) Promptly after receiving a certification under section 3752.06 of the Revised Code, the director of environmental protection or an authorized representative of the director shall conduct an inspection of the facility named in the certification to determine whether the requirements of that section, applicable rules adopted under section 3752.03 of the Revised Code, and any orders issued under section 3752.16 of th...

Section 3752.09 | Certifying temporary discontinuance of operations.

...(A)(1) Except as provided in division (B) of this section, the owner or operator of a reporting facility who temporarily discontinues all regulated operations at the facility for a period of not less than thirty days nor more than three hundred sixty-five consecutive days, within forty-five days after discontinuing those operations, shall make a written certification to the director of environmental protection that i...

Section 3752.10 | Requesting waiver in connection with temporary discontinuance.

...essary or appropriate to protect public health or safety or the environment during the period of the temporary discontinuation of all regulated operations. If the director disapproves an application for a waiver, he shall include in the order of disapproval the requirements that the owner or operator designate a contact person in connection with the facility in accordance with section 3752.05 of the Revised Code wit...

Section 3741.08 | Manufacture and sale of raw flaxseed or linseed oil.

...No person shall manufacture, offer, or expose for sale raw flaxseed or linseed oil unless it is wholly obtained from the seeds of the flax plant and fulfills all the requirements recognized by the eighth decennial revision of the United States pharmacopoeia.

Section 3741.09 | Manufacture and sale of boiled linseed oil.

...No person shall manufacture, offer, or expose for sale, boiled linseed oil unless it has been prepared by heating pure raw linseed oil to a temperature of two hundred twenty-five degrees Fahrenheit and incorporating not to exceed four per cent by weight of drier. Such boiled linseed oil must also conform to the following requirements: (A) Its specific gravity at sixty degrees Fahrenheit must be not less than nine hu...

Section 3741.10 | Selling boiled oil under false name or without proper branding.

...No person shall sell, expose, or offer for sale, flaxseed or linseed oil except under its true name, and unless each tank car, tank, barrel, keg, or other vessel containing such oil has distinctly and durably painted, stamped, stenciled, or marked thereon in ordinary bold-faced capital letters not less than five lines pica in size, the words "pure linseed oil--raw" or "pure linseed oil--boiled" and the name and addre...

Section 3741.11 | Falsification.

...A person who knowingly makes a false statement on a stamp or label on a tank car, barrel, keg, can, or other vessel containing flaxseed or linseed oil is guilty of falsification under section 2921.13 of the Revised Code.

Section 3741.12 | Enforcement.

...The director of agriculture shall enforce sections 3741.08 to 3741.10 of the Revised Code.

Section 3741.13 | Designating successor-in-interest to franchisee.

...(A) No franchise, as defined in the "Petroleum Marketing Practices Act," 92 Stat. 322 (1978), 15 U.S.C.A. 2801, as amended, entered into or renewed on or after January 1, 1985, shall prohibit the franchised dealer or retailer of motor fuel from designating his spouse or adult child as successor-in-interest to the franchise in the event of his death or retirement. At the time a franchise agreement is entered into or r...

Section 3741.14 | Rules governing the equipment, operation, and maintenance of self-service filling stations.

...tion of the persons and property of the public, but shall require as a minimum that: (2) A sign, in block letters at least four inches in height, be conspicuously displayed on each gasoline pump island where self-service is offered stating that it is a self-service island; (3) Signs giving instructions for the operation of gasoline dispensing equipment, in block letters, be conspicuously posted at each filling st...

Section 3741.141 | Option of conducting business.

...Franchised dealers shall be allowed the option as to whether they wish to offer full-service, self-service on one island, or complete self-service in the conduct of their business.

Section 3741.99 | Penalty.

...(A) Whoever violates section 3741.07 of the Revised Code shall be fined not more than fifty dollars for a first offense and shall be fined not less than fifty nor more than one hundred dollars, imprisoned not less than thirty nor more than one hundred days, or both, for each subsequent offense. (B) Whoever violates section 3741.08, 3741.09, or 3741.10 of the Revised Code shall be fined not less than fifty nor more t...

Section 3742.01 | Lead abatement definitions.

...ate residence. (FF) "School" means a public or nonpublic school in which children under six years of age receive education.

Section 3742.02 | Prohibited acts.

...lity, or school, unless the director of health has determined by rule under section 3742.45 of the Revised Code that no suitable substitute exists; (3) Interfere with an investigation conducted by the director of health or a board of health in accordance with section 3742.35 of the Revised Code. (B) No person shall knowingly authorize or employ an individual to perform lead abatement on a residential unit, child ca...

Section 3742.03 | Adoption of rules.

..., and lead abatement workers to prevent public exposure to lead hazards and ensure worker protection during lead abatement projects; (E)(1) Record-keeping and reporting requirements for clinical laboratories, environmental lead analytical laboratories, lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, and lead abatement workers for lead abatement projects and recor...

Section 3742.04 | Director of health - powers and duties.

...(A) The director of health shall do all of the following: (1) Administer and enforce the requirements of sections 3742.01 to 3742.19 and 3742.99 of the Revised Code and the rules adopted pursuant to those sections; (2) Examine records and reports submitted by lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, lead abatement workers, and clearance technicians in a...

Section 3742.05 | Issuing licenses.

...s compliance with procedures to prevent public exposure to lead hazards and for worker protection during lead abatement projects established in rules adopted under section 3742.03 of the Revised Code; (3) Meets the record-keeping and reporting requirements for lead abatement projects or clearance examinations established in rules adopted under section 3742.03 of the Revised Code; (4) Pays the license renewal fee ...

Section 3742.06 | Contractor restrictions.

...as not been approved by the director of health under section 3742.09 of the Revised Code. (D) No lead abatement worker shall perform lead abatement without the on-site supervision of a licensed lead abatement contractor. (E) No person shall have lead-safe renovation performed in lieu of having lead abatement performed on a property at which a lead-poisoned child under six years of age has been identified.

Section 3742.07 | Duties of contractor before commencing project.

...the plan available to the department of health and all lead abatement workers at the project site; (2) Ensure that each lead abatement worker who is or will be involved in a lead abatement project has been examined within the preceding calendar year by a physician, certified nurse-midwife if authorized as described in section 4723.438 of the Revised Code, clinical nurse specialist, or certified nurse practitioner a...

Section 3742.071 | Certifying results of lead risk assessment and options for reducing identified lead hazards.

...ead risk assessor. (C) The director of health may issue an immediate cease work order to a person licensed under this chapter if the director determines that the license holder is violating the terms or conditions of the license in a manner that endangers or materially impairs the health or well-being of an occupant of a residential unit, child care facility, or school or a person employed to perform lead abatement...

Section 3742.08 | Training programs and examination for licensure.

...(A)(1) The director of health shall conduct, specify requirements by rule, or approve training programs for licensure of lead inspectors, lead abatement contractors, lead risk assessors, lead abatement project designers, lead abatement workers, and clearance technicians. In accordance with Chapter 119. of the Revised Code, the director shall adopt rules establishing all of the following: (a) A system for accreditat...

Section 3742.09 | Applying for approval of laboratory.

... desiring approval from the director of health for an environmental lead analytical laboratory or a clinical laboratory to perform lead testing shall submit an application for approval to the director on forms that he shall prescribe and provide. (B) The director shall adopt rules in accordance with Chapter 119. of the Revised Code to establish all of the following: (1) Procedures and criteria for approval of cli...

Section 3742.10 | Maintaining lists of licenses and training programs.

...list maintained under this section is a public record for the purposes of section 149.43 of the Revised Code and is subject to inspection and copying under section 1347.08 of the Revised Code.

Section 3742.14 | Employing inspector, assessor, or clearance technician.

...ment, or examination to the director of health. The director shall include the information in the record of the property.

Section 3742.15 | Complaints.

...y file a complaint with the director of health concerning a lead inspector, a lead abatement contractor, a lead risk assessor, a lead abatement project designer, a lead abatement worker, a clearance technician, a clinical laboratory, an environmental lead analytical laboratory, or a training course. The complainant's name shall be confidential and shall not be released without the complainant's written consent. The ...

Section 3742.16 | Disciplinary actions.

...9. of the Revised Code, the director of health may refuse to issue or renew, or may suspend or revoke, a license, an accreditation or certification, or an approval of any person, program, or laboratory for one or more of the following reasons: (A) Violation of any provision of this chapter or the rules adopted under it; (B) Failure to pay the fee for the issuance or renewal of a license, an accreditation or certifi...

Section 3742.17 | Liability of licensees and persons contracting with licensees.

...person is licensed by the department of health to engage in lead abatement, lead inspection, lead risk assessment, clearance examination, or any other activity under this chapter, the liability of that person, when performing the activity in accordance with procedures established pursuant to state or federal law, for an injury to any individual or property caused or related to the activity shall be limited to acts or...

Section 3742.18 | Civil action.

...A)(1) At the request of the director of health, the attorney general may commence a civil action for civil penalties and injunctive and other equitable relief against any person who violates section 3742.02, 3742.06, or 3742.07 of the Revised Code. The action shall be commenced in the court of common pleas of the county in which the violation occurred or is about to occur. (2) The court shall grant injunctive and o...