Ohio Revised Code Search
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Section 3746.13 | Issuing of covenant not to sue.
...all pay the fee established pursuant to rules adopted under division (B)(7) of section 3746.04 of the Revised Code. Until those rules become effective, each person who is issued a covenant not to sue shall pay a fee of two thousand dollars. The fee shall be paid to the director at the time that the no further action letter and accompanying verification are submitted to the director. |
Section 3746.14 | Filing papers with county recorder.
...o, or identified under this chapter and rules adopted under it or under sections 5301.80 to 5301.92 of the Revised Code, as applicable, in connection with registered land, as defined in section 5309.01 of the Revised Code, shall be entered as a memorial on the page of the register where the title of the owner is registered. (C) A no further action letter, a covenant not to sue, and any agreement authorized to be ent... |
Section 3746.15 | Consolidated standards permit.
...y action program under this chapter and rules adopted under it who otherwise would be required to obtain any permits, licenses, plan approvals, or other approvals from the environmental protection agency in connection with the voluntary action under Chapter 3704., 3714., 3734., or 6111. of the Revised Code or rules adopted under any of those chapters, or under the "Federal Water Pollution Control Act Amendments of 19... |
Section 3746.16 | Voluntary action program administration fund.
...ental protection under this chapter and rules adopted under it shall be forwarded to the treasurer of state who shall deposit them to the credit of the voluntary action program administration fund, which is hereby created in the state treasury. The director shall expend moneys in the fund exclusively for the implementation, administration, and enforcement of this chapter and rules adopted under it. |
Section 3746.17 | Audits.
...ode. The director shall not select as a contractor to conduct audits under this section a person who meets any of the following: (1) Undertook the voluntary action in connection with which the audit is to be performed; (2) Is employed by, affiliated with, or related to the person who undertook the voluntary action in connection with which the audit is to be performed or was employed by or affiliated with that per... |
Section 3746.171 | Maintaining record of properties with institutional controls.
...The director of environmental protection shall maintain a record of the properties for which covenants not to sue were issued under section 3746.12 of the Revised Code that involve institutional controls or activity and use limitations that restrict the use of the properties in order to comply with applicable standards. The records pertaining to those properties shall indicate the use restrictions or activity and use... |
Section 3746.18 | Request for supporting documents and data.
...ctions conducted under this chapter and rules adopted under it or may request any other person who performed work that was conducted to support a request for a no further action letter as provided in division (B)(2) of section 3746.10 of the Revised Code to submit documents and data relating to the no further action letter. No person shall fail to comply with a request made under this division. (B) In addition to... |
Section 3746.19 | Notice of noncompliance by certified professional or laboratory.
... criteria and procedures established in rules adopted under division (B)(8) of section 3746.04 of the Revised Code, may conduct an audit of any property for which a covenant not to sue was issued under section 3746.12 of the Revised Code based upon a no further action letter issued under section 3746.11 of the Revised Code that was prepared by a certified professional whose certification was subsequently suspended or... |
Section 3746.20 | Documents submitted by affidavit.
...ofessional, accredited laboratory, or a contractor thereof, or the environmental protection agency or a contractor thereof, shall withhold, conceal, or destroy any data, information, records, or documents relating to a voluntary action. |
Section 3746.21 | Right of entry.
... being conducted under this chapter and rules adopted under it; (2) Any public or private property, real or personal, that is owned or operated by a person who is participating or has participated in the voluntary action program under this chapter and rules adopted under it where data, information, records, or documents relating to the person's participation in the voluntary action program are kept; (3) Any pub... |
Section 3746.22 | Prosecutions.
... 3734., or 6111. of the Revised Code or rules adopted under any of those chapters, shall pay a civil penalty of not more than ten thousand dollars for each day of each violation. Whoever violates section 3746.15 of the Revised Code in a manner that otherwise would constitute a violation of Chapter 3704. of the Revised Code or rules adopted under it shall pay a civil penalty of not more than twenty-five thousand dolla... |
Section 3746.23 | Civil action for recovering costs of conducting voluntary action.
...r was undertaken under this chapter and rules adopted under it; (2) Investigating the nature and extent of contamination of the property by hazardous substances in order to screen and select remedial alternatives; (3) Preparing a remedial plan for the property; (4) Conducting the remedial activities, including, without limitation, the future operation and maintenance costs of any engineering controls installed to ... |
Section 3746.24 | Tort actions - immunity.
...duct: (1) A person who is working as a contractor for another in conducting any activity in connection with a voluntary action under this chapter and rules adopted under it; (2) A state agency or political subdivision that is conducting a voluntary action or maintenance activities on lands, easements, or rights-of-way owned, leased, or otherwise held by the state agency or political subdivision; (3) A state agency... |
Section 3746.25 | State, officers or employees - immunity.
...(A) As used in this section: (1) "Harm" means injury, death, or loss to person or property. (2) "Tort action" means a civil action for damages for harm and includes a civil action under section 3746.23 of the Revised Code for recovery of the costs of conducting a voluntary action, but does not include a civil action for damages for a breach of contract or another agreement between persons or for a breach of a warra... |
Section 3746.26 | Exempting persons holding indicia of ownership in property primarily to protect security interest.
...109., and 6111. of the Revised Code and rules adopted under them. (2) Such a person who, after taking title to property, conducts or causes to be conducted all such nonremedial activities at the property in compliance with the applicable requirements under those chapters and rules is not required to comply with any provisions of those chapters and rules pertaining to the investigation or remediation of releases or t... |
Section 3746.27 | Exempting fiduciary or trustee.
...109., and 6111. of the Revised Code and rules adopted under those chapters. (B) Such a fiduciary or trustee who, after so acquiring ownership or control of property, conducts or causes to be conducted all such nonremedial activities at the property in compliance with the applicable requirements under those chapters and rules is not required to comply with any provisions of those chapters and rules pertaining to the ... |
Section 3746.28 | Evidence of entry into or participation in program.
... a threat or danger to public health or safety or the environment. |
Section 3746.29 | Authority of director.
... substantial threat to public health or safety or the environment. |
Section 3746.30 | No effect on obligations, rights and liabilities arising under other state and federal laws.
... 3747. or 3748. of the Revised Code and rules adopted under them, including, without limitation, any applicable requirement existing when a voluntary action is undertaken to notify or coordinate remedial activities with the United States nuclear regulatory commission or the department of health in connection with radioactive materials regulated under that act or those chapters. (D) Nothing in this chapter alters, ab... |
Section 3746.31 | Copies of materials provided upon request.
...of environmental protection pursuant to rules adopted under division (B)(6)(e) of section 3746.04 of the Revised Code, as applicable, the director, within a reasonable period of time after receipt of the request, shall provide copies of the requested materials to the person. If the requested materials are not on file in the offices of the environmental protection agency, the director, promptly after receipt of the re... |
Section 3746.35 | Annual reports.
...gram established under this chapter and rules adopted under it and the tax abatements granted pursuant to sections 5709.87 and 5709.88 of the Revised Code for properties where voluntary actions were conducted. Each annual report shall include, without limitation, all of the following: (1) Both of the following for each property for which a covenant not to sue was issued under section 3746.12 of the Revised Code dur... |
Section 3746.99 | Penalty.
...of Chapter 3734. of the Revised Code or rules adopted under it, or knowingly violates that section in a manner that otherwise would constitute a violation of Chapter 3704., 3714., or 6111. of the Revised Code or rules adopted under any of those chapters, is guilty of a felony and shall be fined at least ten thousand dollars, but not more than twenty-five thousand dollars, or imprisoned for at least two years, but not... |
Section 3747.01 | Midwest interstate compact on low-level radioactive waste.
... (1) Expeditious enforcement of federal rules, regulations, and laws; (2) Imposition of sanctions against those found to be in violation of federal rules, regulations, and laws; and (3) Timely inspection of their licensees to determine their compliance with these rules, regulations, and laws. ARTICLE II DEFINITIONS As used in this compact, unless the context clearly requires a different construction: (A) "Care"... |
Section 3747.02 | Commission membership.
...(A)(1) The governor, with the advice and consent of the senate, shall appoint the Ohio member of the midwest interstate low-level radioactive waste commission. The commissioner shall serve at the pleasure of the governor and shall be reimbursed for actual and necessary expenses incurred in the performance of official duties. (2) As used in this section, "compact" means the midwest interstate compact on low-level rad... |
Section 3747.03 | Bylaws and amendments.
...The governor shall ensure that the bylaws of the midwest low-level radioactive waste commission and any amendments thereto are filed promptly with the secretary of state. |