Ohio Revised Code Search
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Section 3752.06 | Duties of owner or operator within ninety days of cessation of regulated operations.
...emical list, or of each of the material safety data sheets, that the owner or operator is required to have on file with the commission under section 3750.07 of the Revised Code in connection with the facility; (3) Submit to the director a list of every stationary tank, vat, electrical transformer, and vessel of any type that contains or is contaminated with regulated substances and that is to remain at the fac... |
Section 3752.07 | Securing building, structure or outdoor location against unauthorized entry.
...omply with this section. (D) Any law enforcement officer, as defined in section 2901.01 of the Revised Code, may arrest for violations of this section. (E) Notwithstanding any section of the Revised Code relating to the distribution and crediting of fines for violations of the Revised Code, fines imposed under division (B) or (C) of section 3752.99 of the Revised Code for violations prosecuted by the prosecuting at... |
Section 3752.08 | Inspection.
...(A) Promptly after receiving a certification under section 3752.06 of the Revised Code, the director of environmental protection or an authorized representative of the director shall conduct an inspection of the facility named in the certification to determine whether the requirements of that section, applicable rules adopted under section 3752.03 of the Revised Code, and any orders issued under section 3752.16 of th... |
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.
...(A) As used in this section: (1) "Fiduciary" means a person who for purposes of administering an estate or trust holds legal title to a reporting facility, holds an equity or partnership interest in a reporting facility, or is a lessee of a reporting facility, but who has not exercised actual and direct control over the use, generation, transportation, treatment, storage, or disposal of regulated substances at the f... |
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.
...urred for the assistance of local law enforcement officers in executing the search warrant. In the application for the search warrant, the director may request, and the court, in its order granting the search warrant, may order the owner or operator of the premises to reimburse the director for such of those costs as the court finds reasonable. From the moneys recovered under this division, the director shall reimbur... |
Section 3752.13 | Expending moneys from immediate removal fund to take remedial actions.
...ction 3752.16 of the Revised Code to enforce that section or rule; (2) Section 3752.07 of the Revised Code, a rule adopted under section 3752.03 of the Revised Code implementing that section, or a term or condition of an order issued under section 3752.16 of the Revised Code to enforce that section or rule; (3) Division (A)(2) of section 3752.09 of the Revised Code; (4) A term or condition of an order issued u... |
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.
...s of operation, or an order issued to enforce section 3752.07 of the Revised Code or such a rule, shall pay a civil penalty of not more than ten thousand dollars for each day of each violation. Whoever violates section 3752.07 or 3752.113 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 in connection wi... |
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.
...s of operation, or an order issued to enforce any of those sections or such a rule, shall be fined not less than ten thousand nor more than twenty-five thousand dollars or imprisoned not less than two nor more than four years, or both. Each day of violation is a separate offense. For each subsequent offense, the offender shall be fined not less than twenty-five thousand nor more than fifty thousand dollars or impriso... |
Section 3753.01 | Risk management program definitions.
...As used in this chapter: (A) "Accidental release" means an unanticipated emission of a regulated substance into the ambient air from a stationary source. (B) "Clean Air Act Amendments" means the "Clean Air Act Amendments of 1990," 91 Stat. 685, 42 U.S.C. 7401 et al., as amended, and regulations adopted under it. (C) "Covered process" means a process that has a regulated substance present in an amount that is in ex... |
Section 3753.02 | Rules.
...For the purpose of implementing and administering this chapter, the director of environmental protection 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 sect... |
Section 3753.03 | Owner or operator to submit risk management plan.
...(A) Effective upon the date that the United States environmental protection agency delegates the program created under section 112(r) of the Clean Air Act Amendments to the environmental protection agency of this state, an owner or operator of a stationary source that has a covered process shall develop and submit a risk management plan no later than the latest of the following: (1) Not later than ten days after 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.
...xclusively for the administration and enforcement of this chapter and rules adopted under it. (F) Beginning in fiscal year 2001, and every two years thereafter, the director shall review the total amount of moneys in the risk management plan reporting fund to determine if that amount exceeds seven hundred fifty thousand dollars in either of the two preceding fiscal years. If the total amount of moneys in the fund ex... |
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.
...The director of environmental protection or the director's authorized representative, upon proper identification and upon stating the purpose and necessity of an inspection, may enter at reasonable times upon any private or public property, real or personal, to inspect, investigate, obtain samples, and examine and copy records to determine compliance with this chapter and rules adopted or orders issued under it. The ... |
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. ... |