Ohio Revised Code Search
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Section 3752.08 | Inspection.
...equirements of that section, applicable rules adopted under section 3752.03 of the Revised Code, and any orders issued under section 3752.16 of the Revised Code have been met. Prior to conducting the inspection, the director or his authorized representative shall schedule a time to conduct the inspection with the contact person designated by the owner or operator under section 3752.05 of the Revised Code. The contact... |
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.
...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 within thirty... |
Section 3752.11 | Duties of holder of first mortgage upon abandonment of facility by owner.
...nces that may endanger public health or safety if released into the environment. The holder shall continue the security measures, and maintain the warning signs, as required at each such building, structure, or outdoor location of operation until title to the facility has been transferred or until the holder files a release of the mortgage with the county recorder of the county in which the facility is located. Promp... |
Section 3752.111 | Fiduciary's authority where operator fails to comply.
...th the requirements of this chapter and rules adopted under it, including, without limitation, the requirements of this section. (E) No person shall fail to comply with this section. |
Section 3752.112 | Holder of mortgage or fiduciary failing to act.
...(A) If the holder of a mortgage or fiduciary fails to undertake the actions required under division (B) of section 3752.11 or of section 3752.111 of the Revised Code, respectively, the director of environmental protection, on behalf of the state, or any political subdivision in which the affected reporting facility is located may undertake the actions required under division (B) of either of those sections. The costs... |
Section 3752.113 | Exemption of indentured trustee for debt securities.
...nces that may endanger public health or safety if released into the environment. The indenture trustee shall continue the security measures, and maintain the warning signs, as required at each such building, structure, or outdoor location of operation until the indenture trustee no longer holds legal title to the facility or until the indenture trustee or another person has performed the measures required under divis... |
Section 3752.12 | Right of entry.
...ermine 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 inspection warrant under division (F) of section 2933.21 of the Revised Code or other appropriate search warrant necessary to achieve the purposes of this chapt... |
Section 3752.13 | Expending moneys from immediate removal fund to take remedial actions.
... substantial threat to public health or safety or are causing or contributing to, or are threatening to cause or contribute to, air or water pollution or soil contamination, the director may expend moneys from the immediate removal fund created in section 3745.12 of the Revised Code to take such remedial actions as are necessary or appropriate to protect the public health or safety or the environment, provided that a... |
Section 3752.14 | Entry or remaining on premises of reporting facility in violation of warning signs.
...(A) No person, without privilege to do so, shall do any of the following: (1) Enter or remain on the premises of a reporting facility at which warning signs are posted in compliance with section 3752.07, 3752.11, 3752.111, 3752.112, or 3752.113 of the Revised Code; (2) Enter or remain in a building or structure located at a reporting facility, or an outdoor location of operation, at which warning signs are posted i... |
Section 3752.15 | Prohibitions.
...No person shall falsify, tamper with, or render inaccurate any certification, information, or records required to be kept or submitted under this chapter or a rule adopted or order issued under it. Violation of this section is not falsification under section 2921.13 of the Revised Code. |
Section 3752.16 | Order to abate violation.
...The director of environmental protection may issue orders in accordance with Chapter 3745. of the Revised Code directing the owner or operator of a reporting facility to abate a violation of any section of this chapter other than section 3752.11, 3752.111, or 3752.113 of the Revised Code, or a rule adopted under this chapter, within a specified, reasonable time. No person shall violate a term or condition of an orde... |
Section 3752.17 | Injunction.
... Code and of enforcing this chapter and rules adopted and orders issued under it. (D) Any action for injunction or civil penalties under division (A), (B), or (C) of this section is a civil action governed by the Rules of Civil Procedure. |
Section 3752.18 | No effect on other remedies.
...This chapter does not abridge rights of action or remedies in equity, under common law, or as provided by statute or limit the state or any political subdivision or person in the exercise of their rights in equity, under common law, or as provided by statute to suppress nuisances or to abate or prevent pollution. |
Section 3752.99 | Penalty.
...(A) Whoever recklessly violates any section of this chapter or a rule adopted or order issued under it, except section 3752.07, 3752.11, 3752.111, 3752.113, or 3752.14 of the Revised Code, a rule adopted under section 3752.03 of the Revised Code pertaining to the securing of buildings, structures, or outdoor locations of operation, or an order issued to enforce any of those sections or such a rule, shall be fined not... |
Section 3753.01 | Risk management program definitions.
...c" means any person except employees or contractors at a stationary source. (H) "Public receptor" means off-site residences, institutions such as schools or hospitals, industrial, commercial, and office buildings, parks, or recreational areas inhabited or occupied by the public at any time where the public could be exposed to toxic concentrations, radiant heat, or overpressure as a result of an accidental release. ... |
Section 3753.02 | Rules.
...rotection may adopt, amend, and rescind rules in accordance with Chapter 119. of the Revised Code. The rules shall be consistent with, equivalent in scope, content, and coverage to, and no more stringent than the requirements of section 112(r) of the Clean Air Act Amendments and any regulations adopted pursuant to that section. Rules adopted under this section shall prescribe notice requirements by which the public i... |
Section 3753.03 | Owner or operator to submit risk management plan.
...director of environmental protection in rules adopted under section 3753.02 of the Revised Code. The risk management plan shall include all of the following, as applicable: (1) A registration that reflects all covered processes at the stationary source pursuant to 40 C.F.R. 68.160; (2) The applicable information required to be submitted with the plan under section 3753.04 of the Revised Code; (3) A summary of the ... |
Section 3753.04 | Owner or operator to comply with program 1, program 2, or program 3 requirements or with combination.
...bject to the United States occupational safety and health administration safety management standard under 29 C.F.R. 1910.119. (E) The owner or operator of a stationary source at which one or more covered processes are present that meet the conditions established under division (B) of this section shall comply with all of the following program 1 requirements: (1) Submit with the risk management plan an analysis of t... |
Section 3753.05 | Risk management plan reporting fund.
...tural nutrient. (B) In accordance with rules adopted under section 3753.02 of the Revised Code, the fees assessed under division (A) of this section shall be collected for the year 1999 no later than ten days after the notice of delegation of the risk management program to the state appears in the federal register, or ten days after the effective date of this amendment, whichever occurs later. Thereafter, the fees ... |
Section 3753.06 | Prohibition.
...No person shall violate any provision of this chapter or a rule adopted or order issued under it. |
Section 3753.07 | Right of entry.
...ermine compliance with this chapter and rules adopted or orders issued under it. The director or the director's 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 inspection warrant under division (F) of section 2933.21 of the Revised Code or other appropriate search warrant necessary to achieve the purposes of t... |
Section 3753.08 | Order to abate violation.
...The director of environmental protection may issue orders requiring an owner or operator who is subject to this chapter to abate a violation of section 3753.06 of the Revised Code. 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 the Revised Code, without the necessity to hold an adjudication hearing. ... |
Section 3753.09 | Prosecutions - injunctive relief - civil penalties - investigations.
... secure compliance with this chapter or rules adopted or orders issued under it. The director, upon request or upon the director's own initiative, may investigate or make inquiries into any violation of this chapter or rules adopted or orders issued under it. |
Section 3753.10 | State, officers or employees - immunity.
...(A) As used in this section: (1) "Harm" means injury to, death of, or loss to person or property. (2) "Tort action" means a civil action for damages for harm, but does not include a civil action for damages for a breach of contract or other agreement between persons or for a breach of a warranty that exists pursuant to the Revised Code or the common law of this state. (B) The state, and any officer or employee of ... |