Ohio Revised Code Search
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Section 3734.13 | Enforcement and emergency orders.
...ion is a civil action, governed by the Rules of Civil Procedure. (D) No person shall violate any term or condition of any order issued under this section. (E) Except as otherwise provided in this division, moneys resulting from civil penalties imposed under division (C) of this section shall be paid into the hazardous waste clean-up fund created in section 3734.28 of the Revised Code. Moneys resulting from civil p... |
Section 3734.14 | Exchange, use, and recovery of resources from hazardous waste.
...The director of environmental protection shall periodically determine the market potential and feasibility of the exchange, use, and recovery of resources from hazardous waste. Using the information required under divisions (B) and (I) of section 3734.12 of the Revised Code, the director shall, in compliance with the procedures adopted under division (G) of section 3734.12 of the Revised Code pertaining to the protec... |
Section 3734.141 | Disposing of acute hazardous waste.
...After December 31, 1986, no person shall dispose of any acute hazardous waste listed in 40 C.F.R. 261.33 (e), as amended, in this state unless the director of environmental protection determines, based upon information provided by the generator of the waste, that the waste: (A) Cannot be treated and rendered nonhazardous, recycled, reclaimed, or destroyed by incineration or biological agents; (B) Has been reduced t... |
Section 3734.15 | Registration and liability of transporters and acceptors of hazardous waste.
...(A) No person shall transport hazardous waste anywhere in this state unless the person has first filed an annual registration statement with, and paid an annual registration fee to, the United States department of transportation in accordance with 49 C.F.R. 107.601 to 107.620. For the purposes of this section, "registered transporter" means any person who has filed an annual registration statement with, and paid an ... |
Section 3734.16 | Generator's liability for intentional violation.
...hazardous waste who violates any of the rules adopted by the director of environmental protection in accordance with divisions (B) and (I) of section 3734.12 of the Revised Code shall be liable for any damage or injury caused by the violation and for the costs of rectifying the violation and conditions caused by the violation in addition to any civil penalties or criminal fines imposed for the violation under section... |
Section 3734.17 | Prohibiting accepting waste after violation by generator.
...whose generator has violated any of the rules adopted by the director of environmental protection in accordance with divisions (B) and (I) of section 3734.12 of the Revised Code with respect to the waste. Any person who accepts for treatment, storage, or disposal any hazardous waste and who violates any of the rules adopted by the director in accordance with divisions (D), (I), and (J) of section 3734.12 of the Revis... |
Section 3734.18 | Fees - hazardous waste facility management fund.
...accordance with a permit by rule under rules adopted by the director of environmental protection: (1) For disposal facilities that are off-site facilities, fees shall be levied at the rate of four dollars and fifty cents per ton for hazardous waste disposed of by deep well injection and nine dollars per ton for hazardous waste disposed of by land application or landfilling. The owner or operator of the facilit... |
Section 3734.19 | Request to survey the locations or facilities.
... substantial threat to public health or safety. The director shall report the findings of the investigation to the municipal corporation, county, or township requesting the survey. For the purpose of conducting investigations under this section, the director or the director's authorized representative may enter upon any public or private property. The director or the director's authorized representative may apply fo... |
Section 3734.20 | Investigations.
...ironmental protection agency or through contractors employed for that purpose, enter upon the facility or property and perform measures to abate or prevent air or water pollution or soil contamination from the facility or property or to protect public health or safety, including, but not limited to, measures prescribed in division (B) of section 3734.23 of the Revised Code. The director shall keep an itemized record... |
Section 3734.21 | Paying costs of closing, constructing or restoring facilities.
... 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. (B) The di... |
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.
...authorized employee of the agency, or a contractor employed by the director may enter upon the facility to sample, repair, or reconstruct air and water quality monitoring equipment constructed under the contract. Such easements shall be for a specified period of years and may be extinguished by agreement between the political subdivision and the director. When necessary to protect public health or safety, the ... |
Section 3734.26 | Grants to and contracts with owner of facility.
...uthorized employee of the agency, or a contractor employed by the agency may enter upon the facility to sample, repair, or reconstruct air and water quality monitoring equipment constructed under the contract. Such easements shall be for a specified period of years and may be extinguished by agreement between the owner and the director. When necessary to protect the public health or safety, the contract may re... |
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.
...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 representing aff... |
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.
...e" also includes those employees of the contractor who act in a supervisory capacity, or are empowered to make discretionary decisions, with respect to the operation of the solid, infectious, or hazardous waste facility. An officer or director of a business concern required to file a disclosure statement under section 3734.42 of the Revised Code who meets the definition of "key employee" shall be considered a key emp... |