Ohio Revised Code Search
Section |
---|
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.
...Code. (2) A policy does not have the force or effect of law. (3) The environmental protection agency may exercise quasi-legislative, quasi-judicial, permitting, enforcement, or other regulatory functions based only on an applicable statute or valid rule. The application of a policy by the environmental protection agency in a manner that makes the policy the functional equivalent of, or a substitute for, a statu... |
Section 3745.31 | Statute of limitations.
...(A) As used in this section, "environmental law" means sections 903.08, 903.17, and 3737.87 to 3737.882 and Chapters 3704., 3714., 3734., 3745., 3750., 3751., 3752., 3753., 6109., and 6111. of the Revised Code; any rule adopted under those sections or chapters or adopted for the purpose of implementing those sections or chapters; and any applicable provisions of Chapter 3767. of the Revised Code when an environ... |
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.
...ncy has commenced an investigation or enforcement action that concerns a violation of environmental laws involving the activity or that such an investigation or enforcement action is imminent. (D) "Environmental audit report" means interim or final data, documents, records, or plans that are necessary to an environmental audit and are collected, developed, made, and maintained in good faith as part of the audit, and... |
Section 3745.71 | Privilege of nondisclosure as to environmental audit.
...information to protect public health or safety or to prevent substantial harm to property or the environment. (b) The government agency is unable to obtain the substantial equivalent of the information by other means without unreasonable delay or expense. (11) The information consists of personal knowledge of an individual who did not obtain that information as part of an environmental audit. (12) The informa... |
Section 3745.72 | Voluntary disclosure of information - immunity.
...ws has commenced an investigation or enforcement action that concerns a violation of such laws involving the activity. (C) For the purposes of this section, a disclosure shall be in writing, dated, and hand delivered or sent by certified mail to the director of the state agency that has jurisdiction over the alleged violation, and shall contain all of the following in a printed letter attached to the front of ... |
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.
...the agency for the administration and enforcement of this chapter and rules adopted under it other than the provisions regarding the certification of professionals and laboratories. (8) Criteria for selecting the no further action letters issued under section 3746.11 of the Revised Code that will be audited under section 3746.17 of the Revised Code, and the scope and procedures for conducting those audits. The rul... |
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.
...(A) A remedy or remedial activity conducted under this chapter may attain applicable standards otherwise 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 cont... |
Section 3746.06 | Contamination level below background level of hazardous substance or petroleum - ground water standards.
...(A) If applicable standards otherwise 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 estab... |
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.
...ll of the following: (1) Protect the safety, health, and welfare of the public in the performance of professional duties. If a circumstance arises where the certified professional faces a situation where the safety, health, or welfare of the public would not be protected, the certified professional shall do all of the following: (a) Sever the relationship with the certified professional's employer or client; ... |
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.
...(A) Except as otherwise provided in section 3746.02 of the Revised Code, any person may undertake a voluntary action under this chapter and rules adopted under it to identify and address potential sources of contamination by hazardous substances or petroleum of soil, sediments, surface water, or ground water on or underlying property and to establish that the property meets applicable standards. The voluntary action ... |
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... |
Section 3746.13 | Issuing of covenant not to sue.
...(A) For property that does not involve the issuance of a consolidated standards permit under section 3746.15 of the Revised Code and where no remedial activities for which there is a required operation and maintenance agreement or an environmental covenant under this chapter or sections 5301.80 to 5301.92 of the Revised Code, as applicable, are used to comply with applicable standards, the director of environmental p... |
Section 3746.14 | Filing papers with county recorder.
...(A) Except as otherwise provided in division (B) of this section, the person to whom a covenant not to sue for a property has been issued under section 3746.12 of the Revised Code shall file for recording in the office of the county recorder of the county in which the property is located a true and accurate copy of all of the following: (1) The no further action letter issued under section 3746.11 of the Revised Cod... |