Ohio Revised Code Search
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Section 3745.13 | Costs of dealing with unauthorized spill, release or discharge.
...quired to protect the public health or safety or the environment, any person responsible for causing or allowing an unauthorized spill, release, or discharge of material into or upon the environment or responsible for the operation of an illegal methamphetamine manufacturing laboratory that has caused contamination of the environment is liable to the municipal corporation, county, township, countywide emergenc... |
Section 3745.21 | Ohio environmental education fund advisory council.
...(A) There is hereby created within the environmental protection agency the Ohio environmental education fund advisory council consisting of the directors of environmental protection, natural resources, and education and workforce, or their designees, as members ex officio, one member of the house of representatives to be appointed by the speaker of the house of representatives or the member's designee, one member of ... |
Section 3745.22 | Environmental education fund.
...(A) As used in this section, "eligible institution of higher education" means any of the state universities listed in section 3345.011 of the Revised Code, or a community college, technical college, university branch, state community college, or an institution that is nonprofit and holds a certificate of authorization issued under section 1713.02 of the Revised Code. (B) There is hereby created in the state treasur... |
Section 3745.30 | Policies of agency.
...oses and not adopted in accordance with rules adoption procedures consistent with this chapter and Chapter 119. of the Revised Code. "Policy" includes documents, manuals, advisories, protocols, forms, and other written or electronic materials provided to the public, a regulated party, or agency personnel regarding the substance, requirements, procedures, or interpretation of a statute or rule. "Policy" does not inclu... |
Section 3745.31 | Statute of limitations.
...ess can be given in accordance with the Rules of Civil Procedure and jurisdiction of a court in this state can be obtained. (D) The time periods established in division (B) of this section may be tolled by mutual agreement between the enforcing agency, department, or authority and the person who is subject to a civil or administrative penalty of any kind under an environmental law. (E) When an action seeks in... |
Section 3745.45 | Volkswagen clean air act settlement fund.
...There is hereby created in the state treasury the Volkswagen clean air act settlement fund consisting of money received by the state from the Volkswagen clean air act settlement. It is the intent of the general assembly to appropriate into the fund the money received by the state from that settlement. |
Section 3745.50 | Coordinator of harmful algae management and response.
...(A) The director of environmental protection shall serve as coordinator, or designate a coordinator, of harmful algae management and response. The director or the director's designee shall develop plans providing for coordination that may include, but are not limited to, the actions and items specified in divisions (B) and (C) of this section. (B) The director or the director's designee shall consult with the direct... |
Section 3745.70 | Environmental audit definitions.
...tensions of those sections or chapters; rules adopted under any such sections, chapters, counterparts, or extensions; and terms and conditions of orders, permits, licenses, license renewals, variances, exemptions, or plan approvals issued under such sections, chapters, counterparts, or extensions. |
Section 3745.71 | Privilege of nondisclosure as to environmental audit.
...in a manner consistent with applicable rules of procedure. (G)(1) The prosecuting attorney of a county or the attorney general, having probable cause to believe, based on information obtained from a source other than an environmental audit report, that a violation has been committed under environmental laws for which a civil or administrative action may be initiated, may obtain information with respect to whic... |
Section 3745.72 | Voluntary disclosure of information - immunity.
...(A) The owner or operator of a facility or property who conducts an environmental audit of the facility or property and promptly and voluntarily discloses information contained in or derived from an audit report that is based on the audit and concerns an alleged violation of environmental laws to the director of the state agency that has jurisdiction over the alleged violation is immune from any administrative ... |
Section 3745.73 | Report on operation and impact of SB 138.
...Not later than March 31, 2002, the director of environmental protection, in consultation with the attorney general, appropriate federal, state, and local agencies, and appropriate statewide organizations, shall submit to the president of the senate and the speaker of the house of representatives a report on the operation and impacts of Substitute Senate Bill No. 138 of the 121st general assembly, including the impact... |
Section 3745.74 | Public records - employee protection.
...Nothing in sections 3745.70 to 3745.73 of the Revised Code shall be construed to limit or affect either of the following: (A) The authority or obligation of any government agency pursuant to section 149.43 of the Revised Code; (B) Any employee protection rights under federal or state laws. |
Section 3746.01 | Voluntary action program definitions.
...ated under the "Occupational Health and Safety Act of 1970," 84 Stat. 1590, 29 U.S.C.A. 651, as amended, and regulations adopted under that act, or under Chapter 4167. of the Revised Code and rules adopted under it; (2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; (3) Any release of a source, byproduct, or special nuclear material fro... |
Section 3746.02 | Exemptions.
... substantial threat to public health or safety or the environment, and either of the following applies: (a) The person subject to the letter does not present sufficient evidence to the director that the person has entered into the voluntary action program under this chapter and is proceeding expeditiously to address that threat. (b) The person cannot demonstrate the person is a bona fide prospective purchaser und... |
Section 3746.04 | Adoption and implementation of rules for voluntary action program.
... ensure protection of public health and safety and the environment for the reasonable exposure for that category of land use. When developing the standards, the director shall consider such factors as all of the following: (a) Scientific information, including, without limitation, toxicological information and realistic assumptions regarding human and environmental exposure to hazardous substances or petroleum; ... |
Section 3746.041 | Applicability of R.C. Chapter 4796.
...The director of environmental protection shall issue an environmental professional certification provided for under division (B)(5) of section 3746.04 of the Revised Code in accordance with Chapter 4796. of the Revised Code if an applicant either holds a certification or license in another state, or the applicant has satisfactory work experience, a government certification, or a private certification as described in ... |
Section 3746.05 | Institutional controls restricting access to or use of property.
...herwise established in this chapter and rules adopted under it through the use of institutional controls or activity and use limitations that restrict the use of a property or through the removal of, treatment of, transportation for treatment or disposal of, disposal of, or use of engineering controls that contain or control the release of hazardous substances or petroleum at or from a property. Any such institutiona... |
Section 3746.06 | Contamination level below background level of hazardous substance or petroleum - ground water standards.
...herwise established in this chapter and rules adopted under it establish a contamination level for a hazardous substance or petroleum that is below the background level of the hazardous substance or petroleum, the voluntary action conducted at a property is required to achieve only the background level of the hazardous substance or petroleum, notwithstanding the contamination level established in the applicable stand... |
Section 3746.07 | [Former R.C. 3746.071, amended and renumbered by H.B. 110, 134th General Assembly, effective 9/30/2021] Duties of certified professionals.
...ied professional under this chapter and rules adopted under it. (3) A certified professional shall not falsify or permit misrepresentation of the certified professional's or the certified professional's associates' academic or professional qualifications. The certified professional shall not misrepresent or exaggerate the certified professional's degree of responsibility in or for the subject matter of prior assig... |
Section 3746.09 | Variances.
...perty and ensure that public health and safety will be protected. (3) The establishment of and compliance with the alternative standard or set of standards and terms and conditions are necessary to promote, protect, preserve, or enhance employment opportunities or the reuse of the property named in the application. A variance issued under this section shall state the specific standard or standards whose terms a... |
Section 3746.10 | Identification and addressing sources of contamination.
...tion program may utilize an independent contractor to serve as a certified professional or accredited laboratory. (C) In order to obtain a no further action letter, a person undertaking a voluntary action shall submit to a certified professional all of the following, as applicable: (1) Information demonstrating that there is no contamination by hazardous substances or petroleum of soil, sediments, surface water, ... |
Section 3746.11 | No further action letter duties for certified professional.
...r abate any threat to public health and safety and the environment, including, without limitation, all of the following: (1) A description of the nature and extent of contamination emanating from sources on the property; (2) A risk assessment performed in accordance with rules adopted under division (B)(2) of section 3746.04 of the Revised Code if such an assessment was used in lieu of generic numerical clean-up ... |
Section 3746.12 | Issuing or denying covenant not to sue.
...medy is protective of public health and safety and the environment; that includes provisions requiring the person to conduct monitoring for compliance with the engineering controls and the applicable standards upon which issuance of the covenant was based, and periodically to report the findings of the monitoring to the director, as specified in the agreement; and that includes financial assurances that the remedy wi... |
Section 3746.121 | Verifying eligible costs for tax credit purposes.
...Upon receiving a request submitted under section 122.16 of the Revised Code for verification of eligible costs associated with a voluntary action incurred by the applicant for the agreement under that section, a certified professional shall submit to the director of development verification of the eligible costs associated with the voluntary action as defined in section 122.16 of the Revised Code. The verification sh... |
Section 3746.122 | Affirmative defense to action for release of hazardous substances from facility.
...(A) As used in this section : (1) "Bona fide prospective purchaser" has the same meaning as in 42 U.S.C. 9601, including the requirement that a person acquired ownership of a facility after January 11, 2002. (2) "Facility" has the same meaning as in 42 U.S.C. 9601. (B) In a civil action to address a release or threatened release of hazardous substances from a facility, it is an affirmative defense, and a person... |