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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Section 3734.22 | Agreement with owner prior to cleanup.

...opriate 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 under the r...

Section 3734.23 | Acquiring facility constituting imminent and substantial threat - restoration contracts.

... 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 Revised Code, o...

Section 3734.24 | Transferring or selling cleaned up facility.

...n 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 provide for the...

Section 3734.25 | Paying portion of costs of closing facility or abating pollution.

... 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 the facility. In m...

Section 3734.26 | Grants to and contracts with owner of facility.

... 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 facility. The am...

Section 3734.27 | Application and survey to precede grant.

...Before making grants from the hazardous waste facility management fund created in section 3734.18 of the Revised Code or the hazardous waste clean-up fund created in section 3734.28 of the Revised Code, the director of environmental protection shall consider each project application submitted by a political subdivision under section 3734.25 of the Revised Code, each application submitted by the owner of a facil...

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.

...ubstantial 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 agreements with...

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.

...(A) As used in this section, "affected community" means any municipal corporation, township, or county that meets all of the following conditions with respect to a proposed publicly owned sanitary landfill or proposed modification to a publicly owned sanitary landfill as provided in division (A)(2)(d)(i) of section 3734.05 of the Revised Code ; (1) All or part of it is located one kilometer or less from the property...

Section 3734.40 | Policy as to off-site treatment, storage and disposal of wastes.

...The general assembly hereby finds and declares the following to be the public policy of this state: (A) That the off-site treatment, storage, and disposal of hazardous waste and the off-site disposal of solid wastes, including incineration, and transfer of solid wastes are critical components of the economic structure of this state and, when properly controlled and regulated, make substantial contributions to the ge...

Section 3734.41 | Qualifications of licensees and related persons definitions.

...As used in sections 3734.41 to 3734.47 of the Revised Code: (A) "Applicant" means any person seeking a permit or license for an off-site facility and any person or business concern operating such a facility for an applicant. (B) "Application" means the forms and accompanying documents filed in connection with the applicant's request for a permit. (C) "Business concern" means any corporation, association, firm, par...

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.

...(A) As used in this section, "documentary material" means the original or any copy of any writings, drawings, graphs, charts, photographs, phonorecords, and other data compilation from which intelligence, relevant to any investigation conducted to determine if any person is or has been engaged in a violation of this chapter, may be perceived with or without the use of detection devices. (B) Whenever the attorney gen...

Section 3734.44 | Issuance or renewal of permit or license.

...Notwithstanding the provisions of any law to the contrary and except as provided in division (F) of this section, no permit or license shall be issued or renewed by the director of 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, inf...

Section 3734.45 | Causes for revocation.

...Any permit or license may be revoked by the director 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 misrepres...

Section 3734.46 | Effect of disqualification.

...Notwithstanding the disqualification of the applicant or permittee pursuant to this chapter, the director of environmental protection or the board of health may issue or renew a permit or license if the applicant or permittee severs the interest of or affiliation with the individual or business concern that would otherwise cause that disqualification or may issue or renew a license on a temporary basis for a period n...

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.

...(A) There is hereby created within the environmental protection agency the materials management advisory council consisting of the following thirteen members who shall be appointed by the governor with the advice and consent of the senate: (1) One member who is an employee of a health district whose duties include enforcement of the solid waste provisions of this chapter; (2) One member representing the interests o...

Section 3734.50 | State solid waste management plan.

...The director of environmental protection, with the advice of the materials management advisory council created in section 3734.49 of the Revised Code, shall prepare a state solid waste management plan to do all of the following: (A) Reduce reliance on the use of landfills for management of solid wastes; (B) Establish objectives for solid waste reduction, recycling, reuse, and minimization and a schedule for impleme...

Section 3734.501 | Annual review of solid waste management in state.

...The standing committees of the house of representatives and senate that are primarily responsible for considering environmental matters shall conduct an annual review of solid waste management in this state. In conducting such an annual review, the committees may consider any topics pertaining to solid waste management, and may make any recommendations, they consider necessary or appropriate.