Ohio Revised Code Search
Section |
---|
Section 3750.06 | Notice of release of hazardous substance.
...(A) The owner or operator of a facility where a hazardous chemical is produced, used, or stored and from which a release of an extremely hazardous substance or hazardous substance occurs in an amount equal to or exceeding the reportable quantity prescribed in rules adopted under division (B)(1)(c) or (C)(5) of section 3750.02 of the Revised Code shall provide the notices required by divisions (C) and (D) of this sect... |
Section 3750.07 | Submitting list of hazardous chemicals.
...(A) Except as otherwise authorized in division (E) of this section, any person who owns or operates a facility and is required to prepare or have available a material safety data sheet for a hazardous chemical under the "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 29 U.S.C.A. 651, as amended, and regulations adopted under it shall, within thirty days after the effective date of this section, submit to... |
Section 3750.08 | Submitting emergency and hazardous chemical inventory form.
...(A) Each owner or operator of a facility who is required to prepare or have available a material safety data sheet for a hazardous chemical under the "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 29 U.S.C.A. 651, as amended, and regulations adopted under it, or who is required to submit a list under division (A), (D), or (E), or is authorized to submit material safety data sheets instead of that list u... |
Section 3750.081 | Compliance with filing requirements; access to database.
...(A) Notwithstanding any provision in this chapter to the contrary, an owner or operator of a facility that is regulated under Chapter 1509. of the Revised Code shall be deemed to have satisfied all of the inventory requirements established under this chapter, except for the release reporting requirements established under section 3750.06 of the Revised Code, by complying with the requirements established in section 1... |
Section 3750.09 | Withholding of specific chemical identity as trade secret.
...(A) Except as otherwise provided in division (E) of this section, any person who is required to provide information to the emergency response commission, the local emergency planning committee of the emergency planning district in which a facility owned or operated by the person is located, or the fire department having jurisdiction over the facility, under the reporting requirements in sections 3750.04, 3750.05, 375... |
Section 3750.10 | Applying for access to information.
...(A) Any person who seeks to review or obtain copies of information submitted to the emergency response commission or a local emergency planning committee under this chapter and rules adopted under it shall submit a written application to the information coordinator of the commission or committee in accordance with the policies and procedures in rules adopted under division (B)(2)(c) of section 3750.02 of the Revised ... |
Section 3750.11 | Enforcement.
... (A) Except as provided in division (E) of this section, no local emergency planning committee shall enforce any resolution, rule, or requirement for the reporting or providing of the names or amounts of extremely hazardous substances or hazardous chemicals produced, used, or stored at facilities under the jurisdiction of the committee; for the reporting or providing of information regarding locations where those sub... |
Section 3750.12 | Fire marshal rules for placards or labels at bulk storage areas.
...The fire marshal, after consultation with the emergency response commission, shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards governing the placement of placards or labels containing specified information at bulk storage areas of hazardous chemicals for the purposes of division (E) of section 3750.11 of the Revised Code. The rules shall, without limitation, do all of the fo... |
Section 3750.13 | Fees.
...(A)(1) Except as provided in division (A)(3) or (4) of this section, the owner or operator of a facility required to annually file an emergency and hazardous chemical inventory form under section 3750.08 of the Revised Code shall submit with the inventory form a filing fee of one hundred fifty dollars. In addition to the filing fee, the owner or operator shall submit with the inventory form the following additional f... |
Section 3750.14 | Emergency planning and community right-to-know fund.
...(A) There is hereby created in the state treasury the emergency planning and community right-to-know fund. Moneys received by the emergency response commission under section 3750.13 of the Revised Code and civil penalties imposed under division (B) of section 3750.20 of the Revised Code shall be credited to the fund until an aggregate amount of five million dollars has been credited to it during a fiscal year. All mo... |
Section 3750.15 | Emergency planning and community right-to-know reserve fund.
...(A) There is hereby created in the state treasury the emergency planning and community right-to-know reserve fund consisting of all moneys credited to it under section 3750.14 of the Revised Code. Fifty per cent of the moneys in the reserve fund shall be used for the grant program under division (B) of this section, and fifty per cent of the moneys shall be held in reserve for the purposes of division (C) of this sec... |
Section 3750.16 | Right of entry.
...A member of the emergency response commission or his designated representative who also is an officer or employee of the state or a political subdivision, a member of the local emergency planning committee of the emergency planning district having territorial jurisdiction who is also an officer or employee of the state or a political subdivision, or the designated representative of the fire department having territo... |
Section 3750.17 | Prohibitions.
...(A) No person shall violate any section of this chapter or a rule adopted or order issued under it. (B) No person shall falsify, tamper with, or render inaccurate any information or records required to be submitted under any section of this chapter, a rule adopted under it, or an order issued under it. Violation of this division is not also a violation of division (C) of this section and is not falsification under s... |
Section 3750.18 | Orders for enforcement.
...The executive committee of the emergency response commission may issue orders requiring the owner or operator of a facility or other responsible person at a facility to abate a violation of any section of this chapter or a rule adopted under it, and orders requiring a local emergency planning committee or fire department to comply with this chapter or rules adopted under it. Enforcement orders issued under this sect... |
Section 3750.19 | Appeals.
...The environmental review appeals commission created in section 3745.02 of the Revised Code has exclusive original jurisdiction over any matter that may be brought before it under Chapter 3745. of the Revised Code or this chapter. For purposes of this section, the terms "any person," "act," and "action" have the same meanings as in section 3745.04 of the Revised Code. Any person who has been aggrieved or adversely af... |
Section 3750.20 | Prosecutions.
...(A) The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation has occurred or is occurring, upon the written request of the executive committee of the emergency response commission, the local emergency planning committee, or the fire department having jurisdiction where the violation has occurred or is occurring, shall prosecute to termination or bring an ... |
Section 3750.21 | Liability for disclosures.
...A member of the emergency response commission, officer or employee of the environmental protection agency, member or employee of a local emergency planning committee, officer or employee of a fire department, health professional, physician, nurse, or other person who receives information classified as a trade secret pursuant to rules adopted under division (B)(2)(d) of section 3750.02 of the Revised Code, information... |
Section 3750.22 | Distribution by facility owner of copies of vulnerability assessment.
... (A)(1) The owner or operator of a facility where chemicals are produced, or the owner or operator of any other facility or business of any type, may provide a copy of any vulnerability assessment of the facility or business or of any other security-sensitive information developed regarding the facility or business to any of the following: (a) The local emergency planning committee of the emergency planning district... |
Section 3750.99 | Penalty.
...(A) Whoever recklessly violates section 3750.06 of the Revised Code or an order issued under section 3750.18 of the Revised Code to enforce that section is guilty of a felony and shall be fined at least ten thousand but not more than twenty-five thousand dollars or imprisoned for at least two but not more than four years, or both. Each day of violation is a separate offense. Upon a second or subsequent conviction for... |
Section 3751.01 | Hazardous substances definitions.
...As used in this chapter: (A) "Confidential business information" means the types or categories of information identified in rules adopted by the administrator of the United States environmental protection agency under EPCRA. (B) "EPCRA" means the "Emergency Planning and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, et seq. (C) "Facility" means all buildings, equipment, structures, and othe... |
Section 3751.02 | Authority of director.
...The director of environmental protection may do any of the following: (A) Adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements or authorizations that the director considers necessary or appropriate to implement and administer this chapter. (B) As the representative of the governor pursuant to EPCRA, request the administrator of the United States environmental protection agency t... |
Section 3751.03 | Submission of toxic chemical release forms.
...(A)(1) On or before the first day of July of each year or as otherwise prescribed by the administrator of the United States environmental protection agency under EPCRA, the owner or operator of a facility described in division (A)(2) of this section shall prepare and submit to the administrator a completed toxic chemical release form for each toxic chemical that was so manufactured, processed, or otherwise used at th... |
Section 3751.04 | Specific chemical identity as trade secret.
...(A) Except as otherwise provided in division (D) of this section, any person required to provide information under section 3751.03 of the Revised Code may withhold from submission the specific chemical identity, including the chemical name and other specific identification, of the toxic chemical on the grounds that the information constitutes a trade secret if either of the following conditions is met: (1)(a) At the... |
Section 3751.05 | Toxic chemical release reporting fund.
...All civil penalties received under division (B) of section 3751.10 of the Revised Code shall be credited to the toxic chemical release reporting fund, hereby created in the state treasury. Moneys credited to the fund shall be expended by the director exclusively for the purposes of implementing, administering, and enforcing this chapter and the rules adopted and orders issued under it. |
Section 3751.06 | Enforcement.
...No political subdivision or local emergency planning committee of an emergency planning district established under section 3750.03 of the Revised Code shall enforce any ordinance, resolution, rule, or requirement for the reporting or providing of the names or amounts of toxic chemicals manufactured, processed, or otherwise used at facilities within the political subdivision or district; for the reporting or providing... |