Ohio Revised Code Search
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Section 3746.27 | Exempting fiduciary or trustee.
...ll not be subject to the issuance of an enforcement order, or a civil action for injunctive relief, under any of those chapters requiring the identification or remediation of any release or threatened release of hazardous substances or petroleum at or upon the property. (C) Nothing in this section precludes the filing of claims against the assets that constitute the estate or corpus of the trust held by the fiduciar... |
Section 3746.28 | Evidence of entry into or participation in program.
...mission of criminal liability under the laws of this state or rules adopted under them or the ordinances, resolutions, and rules of a political subdivision of this state or an admission of civil liability under the Revised Code or common law of this state. (B) The fact that a person has entered into or is participating in the voluntary action program under this chapter and rules adopted under it is not admissible in... |
Section 3746.29 | Authority of director.
... pursuant to the Revised Code or common law of this state to recover the costs to the environmental protection agency for investigating or remediating a release or threatened release of hazardous substances or petroleum at or from a property where a voluntary action is being or has been conducted under this chapter and rules adopted under it when the director determines that the release or threatened release poses an... |
Section 3746.30 | No effect on obligations, rights and liabilities arising under other state and federal laws.
...igation or right established in federal law. (B) Nothing in this chapter shall be construed as releasing a person to whom the director of environmental protection has issued any final findings and orders under Chapter 3704., 3734., or 6111. of the Revised Code on or before September 28, 1994, from the obligation to comply with any requirements established in the findings and orders. (C) Nothing in this chapter shal... |
Section 3746.31 | Copies of materials provided upon request.
...Upon the written request of any person for information, documents, reports, or data described on a list submitted to the director 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 request... |
Section 3746.35 | Annual reports.
...(A) Not later than the first day of September of each year, the director of environmental protection shall prepare and submit to the chairpersons of the respective standing committees of the senate and house of representatives primarily responsible for considering environmental and taxation matters a report regarding the voluntary action program established under this chapter and rules adopted under it and the tax ab... |
Section 3746.99 | Penalty.
...(A) Whoever recklessly violates section 3746.15 of the Revised Code in a manner that otherwise would constitute a violation 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 ... |
Section 3747.01 | Midwest interstate compact on low-level radioactive waste.
...es to this compact by: (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 co... |
Section 3747.02 | Commission membership.
... shall not cast a vote contrary to Ohio law. (C) The representative from this state on the commission shall not cast an affirmative vote on the following matters before the commission without the prior approval of the governor: (1) Approval by the commission of the amount of the long-term care fund established by this state pursuant to Article VI(O) of the compact; (2) Relief of a party state to the compact of its... |
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.
...As used in this chapter: (A) "Byproduct material" means either of the following: (1) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to radiation incident to the process of producing or utilizing special nuclear material; (2) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its s... |
Section 3748.02 | Ohio radiation control agency designation.
...rol 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.
...The director of health, in accordance with Chapter 119. of the Revised Code, shall adopt and may amend or rescind rules doing all of the following: (A) Listing types of radioactive material for which licensure by its handler is required and types of radiation-generating equipment for which registration by its handler is required, and establishing requirements governing them. Rules adopted under division (A) of this... |
Section 3748.05 | Director of health - powers and duties.
... any other provision of state or local law. Moneys collected as administrative penalties imposed pursuant to rules adopted under division (A)(6) of this section shall be deposited in the state treasury to the credit of the general operations fund created in section 3701.83 of the Revised Code. The moneys shall be used solely to administer and enforce this chapter and the rules adopted under it. (7) Maintain f... |
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.
...hose agencies is prohibited by federal law. (B) No person shall treat, recycle, store, or dispose of any low-level radioactive waste except at a facility that is licensed for treatment, recycling, storage, or disposal of that waste by the director of health under this chapter and rules adopted under it or, until the state becomes an agreement state pursuant to section 3748.03 of the Revised Code, by the Unite... |
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.
...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 before whom it was taken shall certify that it was sworn to before that person and signed in that person's presence, and the certificate signed officially by that person shall be evidence that the affidavit was made, that the name of the officer or person was written by that officer or... |