Ohio Revised Code Search
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Section 3747.01 | Midwest interstate compact on low-level radioactive waste.
... region; (3) Protecting the health and safety of the citizens of the region; (4) Limiting the number of facilities required to effectively and efficiently manage low-level radioactive waste generated in the region; (5) Encouraging the reduction of the amounts of low-level radioactive waste generated in the region; (6) Distributing the costs, benefits, and obligations of successful low-level radioactive waste mana... |
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. |
Section 3748.01 | Radiation control program definitions.
...consists of disposal units and a buffer zone. "Disposal unit" means a discrete portion of such a facility into which low-level radioactive waste is placed for disposal. (H)(1) Except as provided in division (H)(2) of this section, "facility" means the state, any political subdivision, person, public or private institution, or group, or any unit of one of those entities, but does not include the federal governme... |
Section 3748.02 | Ohio radiation control agency designation.
...(A) The department of health is hereby designated the Ohio radiation control agency. (B) In accordance with the laws of this state, the director of health may employ, compensate, and prescribe the duties of individuals necessary to implement and administer this chapter and the rules adopted under it. |
Section 3748.03 | Agreements with nuclear regulatory commission.
...(A)(1)(a) The governor, on behalf of the state, may enter into agreements with the United States nuclear regulatory commission as authorized by section 274(b) of the "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as amended, for the discontinuation of specified licensing and related regulatory authority of the commission with respect to byproduct material, source material, the commercial disposal of low... |
Section 3748.04 | Director of health rules for requirements, procedures and fees.
...ctive material, and on the radiological safety aspects of the use and maintenance of radiation-generating equipment. The rules adopted under division (B)(3) of this section shall not require maintenance of records regarding naturally occurring radioactive material. In adopting rules under divisions (A) and (B) of this section, the director shall do the following: use standards no less stringent than the regulations... |
Section 3748.05 | Director of health - powers and duties.
...(A) The director of health shall do all of the following: (1) Administer and enforce this chapter and the rules adopted under it; (2) Collect and make available information relating to sources of radiation; (3) Ensure the review of plans and specifications, submitted in accordance with rules adopted by the director, for the control of radiation that constitutes an unreasonable or unnecessary risk to human h... |
Section 3748.06 | Compliance with licensing provisions and rules.
...(A) No facility shall handle radioactive material or radiation-generating equipment for which licensure or registration, respectively, by its handler is required by rules adopted under section 3748.04 of the Revised Code unless the facility has obtained a license or certificate of registration from the department of health. (B) No facility shall handle radioactive material or radiation-generating equipment except in... |
Section 3748.07 | Applying for license or certificate of registration.
...(A) Except as provided in division (G) of this section, every facility that proposes to handle radioactive material or radiation-generating equipment for which licensure or registration, respectively, by its handler is required shall apply in writing to the director of health on forms prescribed and provided by the director for licensure or registration. Terms and conditions of licenses and certificates of registrati... |
Section 3748.10 | Prohibiting treatment, recycling, storing or disposal of waste except at licensed facility.
...der it, will not harm public health or safety or the environment; (d) Establish public notification procedures to be followed by the director for any public hearing held under division (C)(2) of this section. The director shall review an application submitted under division (C)(2) of this section and shall hold a public hearing concerning the application before granting or denying the exemption requested. The... |
Section 3748.11 | Compliance with rules.
...(A) A facility that is licensed under this chapter and rules adopted under it, including a facility that is licensed for the disposal of low-level radioactive waste, shall comply with all applicable rules adopted under division (I) of section 3748.04 of the Revised Code governing closure, decontamination, decommissioning, reclamation, and long-term surveillance and care of its licensed activity. (B) Unless there is ... |
Section 3748.12 | Certifying radiation experts.
...(A) Except as provided in division (C) of this section, the director of health shall certify radiation experts pursuant to rules adopted under division (C) of section 3748.04 of the Revised Code. The director shall issue a certificate to each person certified under this section. An individual certified by the director is qualified to develop, provide periodic review of, and conduct audits of the quality assurance pro... |
Section 3748.121 | Effect of child support default on certificate.
...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of health shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to section 3748.12 of the Revised Code. |
Section 3748.13 | Inspections.
...(A) The director of health shall inspect sources of radiation for which licensure or registration by the handler is required, and the sources' shielding and surroundings, according to the schedule established in rules adopted under division (D) of section 3748.04 of the Revised Code. In accordance with rules adopted under section 3748.04 of the Revised Code, the director shall inspect all records and operating proced... |
Section 3748.14 | Excepting diagnostic or therapeutic use of radiation.
...This chapter and rules adopted under it shall not be construed to limit the kind and amount of radiation that may be applied intentionally for diagnostic or therapeutic purposes by or under the direction of a licensed physician, dentist, podiatrist, chiropractor, or veterinarian. |
Section 3748.15 | Prohibited acts.
...No facility shall violate or fail to comply with any duty imposed by this chapter, fail to pay any administrative penalty assessed in accordance with rules adopted under division (A)(6) of section 3748.05 of the Revised Code, or violate or fail to comply with any valid order issued or rule adopted by the director of health under this chapter. Each day a violation continues is a separate offense. |
Section 3748.16 | Facility inspections.
...ioactive waste to comply with health or safety requirements established under this chapter or Chapter 3747. of the Revised Code or rules adopted under them. The complaint shall be verified by an affidavit of the complainant or the complainant's agent or attorney. The affidavit may be made before any person authorized by law to administer oaths and shall be signed by the officer or person who makes it. The person befo... |
Section 3748.17 | Notice of violation.
... action to protect the public health or safety, he may issue an emergency adjudication order, without notice or hearing, reciting the existence of the emergency and requiring that such action be taken as necessary to meet the emergency. The order shall be effective immediately. Any facility to which the order is issued shall comply immediately, but on application to the director shall be afforded a hearing as soon a... |
Section 3748.18 | Prosecution.
...(A) The director of health shall institute proceedings in an appropriate court for any violation of this chapter or rules adopted or orders issued under it, in the manner required by law. (B) In addition to the remedies provided and irrespective of whether or not there exists an adequate remedy at law, the director may apply to the court of common pleas in the county in which a violation of this chapter or rules ado... |
Section 3748.19 | Civil penalty.
...If the director of health determines that any facility has violated, is violating, has failed to comply with, or is failing to comply with this chapter or a rule adopted or order issued under it, the director may request in writing that the attorney general bring an action for civil penalties in the court of common pleas of the county in which the alleged violation or failure to comply has occurred or is occurring. U... |
Section 3748.20 | Radiation advisory council - appointment - powers and duties.
...individual who is a qualified radiation safety officer or radiation protection manager from a facility in this state that is licensed for the use of radiation materials; (10) One individual who has recognized ability and credentials in the field of radon measurement, mitigation, or health risk management; (11) One individual who is a member of a statewide consumer or environmental advocacy organization; (12) ... |
Section 3748.21 | Nuclear regulatory commission regulated entities.
...This chapter and rules adopted under it do not apply to any person to the extent that the person is subject to regulation by the United States nuclear regulatory commission. |
Section 3748.22 | Fees to pay all costs of programs.
...Fees for administrative, regulatory, and enforcement programs established under this chapter shall be sufficient to pay all costs of those programs. |
Section 3748.99 | Penalty.
...(A) Except as otherwise provided in division (B) of this section, whoever violates section 3748.15 of the Revised Code is guilty of a misdemeanor and shall be fined not more than one thousand dollars. (B)(1) Except as otherwise provided in division (B)(2) of this section, whoever recklessly violates section 3748.10 of the Revised Code or an order issued under division (B) of section 3748.17 of the Revised Code to en... |