reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.06 | Contamination Level Below Background Level of Hazardous Substance or Petroleum - Ground Water Standards.

Effective:
September 28, 1994
Latest Legislation:
Senate Bill 221 - 120th General Assembly
(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 established in the applicable standard.
(B) If the ground water underlying a property complies with standards for residential use established in or pursuant to rules adopted under division (B)(1) or (2) of section 3746.04 of the Revised Code, the remedy or remedial activities undertaken in connection with a voluntary action to address sources of potential ground water contamination at or upon the property shall ensure the continued compliance of the ground water underlying the proeprty with those standards for residential use.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.121 | Verifying Eligible Costs for Tax Credit Purposes.

Effective:
September 29, 1997
Latest Legislation:
House Bill 215 - 122nd General Assembly
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 shall be submitted in the form of an affidavit subject to section 3746.20 of the Revised Code, shall state that the information contained in the verification is true to the best of the knowledge, information, and belief of the certified professional, and shall be accompanied by any receipts, invoices, canceled checks, or other documents evidencing eligible costs associated with the voluntary action that are provided by the applicant. Verification submitted under this section does not constitute a finding or representation by the certified professional that eligible costs associated with the voluntary action are reasonable.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.122 | Affirmative Defense to Action for Release of Hazardous Substances From Facility.

Effective:
September 15, 2020
Latest Legislation:
House Bill 168 - 133rd General Assembly
(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 is immune from liability to this state for performing investigational and remedial activities, if all of the following apply:
(1) The person demonstrates that the person is a bona fide prospective purchaser of the facility.
(2) The state's cause of action against the person rests upon the person's status as an owner or operator of the facility.
(3) The person does not impede a response action or a natural resource restoration at the facility.
(C) Nothing in this section precludes the application of section 3746.02 of the Revised Code to this section.
(D) The affirmative defense provided for in division (B) of this section may be asserted in either of the following:
(1) A civil action pending on the effective date of this section;
(2) A civil action initiated after the effective date of this section.
(E) The general assembly finds that this section is remedial in nature. Therefore, the general assembly hereby declares its purpose in enacting this section is to do both of the following:
(1) Adopt the federal definition of bona fide prospective purchaser in 42 U.S.C. 9601 for purposes of this section;
(2) Extend the affirmative defense as specified in division (D)(1) of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.13 | Issuing of Covenant Not to Sue.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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 protection shall issue a covenant not to sue pursuant to section 3746.12 of the Revised Code by issuance of an order and as a final action under Chapter 3745. of the Revised Code within thirty days after the director receives the no further action letter for the property from the certified professional who prepared the letter under section 3746.11 of the Revised Code.
(B) For property that involves the issuance of a consolidated standards permit under section 3746.15 of the Revised Code or where 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 shall issue a covenant not to sue pursuant to section 3746.12 of the Revised Code by issuance of an order and as a final action under Chapter 3745. of the Revised Code within ninety days after the director receives the no further action letter for the property from the certified professional who prepared the letter and enters into an environmental convenant regarding the property, if applicable.
(C) Except as provided in division (D) of this section, each person who is issued a covenant not to sue under this section shall pay the fee established pursuant to rules adopted under division (B)(7) of section 3746.04 of the Revised Code. Until those rules become effective, each person who is issued a covenant not to sue shall pay a fee of two thousand dollars. The fee shall be paid to the director at the time that the no further action letter and accompanying verification are submitted to the director.
Last updated September 19, 2023 at 10:02 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.14 | Filing Papers With County Recorder.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
(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 Code or an executive summary of it;
(2) The covenant not to sue issued for the property under section 3746.12 of the Revised Code;
(3) The environmental covenant for the property, if any, proposed pursuant to division (C)(3)(b) of section 3746.10 of the Revised Code and executed under section 5301.82 of the Revised Code.
The documents specified in divisions (A)(1) to (3) of this section shall be recorded in the same manner as a deed to the property. The no further action letter, covenant not to sue, and environmental covenant, if any, shall run with the property.
No person shall fail to comply with this division.
(B) Pursuant to Chapter 5309. of the Revised Code, a no further action letter, a covenant not to sue, and, if applicable, any environmental covenant prepared, issued, entered into, or identified under this chapter and rules adopted under it or under sections 5301.80 to 5301.92 of the Revised Code, as applicable, in connection with registered land, as defined in section 5309.01 of the Revised Code, shall be entered as a memorial on the page of the register where the title of the owner is registered.
(C) A no further action letter, a covenant not to sue, and any agreement authorized to be entered into and entered into under this chapter and rules adopted under it may be transferred by the recipient to any other person by assignment or in conjunction with the acquisition of title to the property to which the document applies.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.16 | Voluntary Action Program Administration Fund.

Effective:
September 28, 1994
Latest Legislation:
Senate Bill 221 - 120th General Assembly
Moneys collected by the director of environmental protection under this chapter and rules adopted under it shall be forwarded to the treasurer of state who shall deposit them to the credit of the voluntary action program administration fund, which is hereby created in the state treasury. The director shall expend moneys in the fund exclusively for the implementation, administration, and enforcement of this chapter and rules adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.171 | Maintaining Record of Properties With Institutional Controls.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
The director of environmental protection shall maintain a record of the properties for which covenants not to sue were issued under section 3746.12 of the Revised Code that involve institutional controls or activity and use limitations that restrict the use of the properties in order to comply with applicable standards. The records pertaining to those properties shall indicate the use restrictions or activity and use limitations applicable to each of them. At least once every five years, the director or an authorized representative of the director shall visually inspect each such property to determine whether the property is being used in compliance with the applicable institutional controls or activity and use limitations.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.18 | Request for Supporting Documents and Data.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The director of environmental protection may request a certified professional or certified laboratory or accredited laboratory to provide the director documents and data for the purposes of verifying the qualifications of the professional or laboratory or auditing the performance of the professional or laboratory in connection with voluntary actions conducted under this chapter and rules adopted under it or may request any other person who performed work that was conducted to support a request for a no further action letter as provided in division (B)(2) of section 3746.10 of the Revised Code to submit documents and data relating to the no further action letter.
No person shall fail to comply with a request made under this division.
(B) In addition to any other remedy provided by law, the director may do either or both of the following in connection with a violation of division (A) of this section:
(1) Permanently revoke the certification of the certified professional in accordance with rules adopted under division (B)(5)(g) of section 3746.04 of the Revised Code, as applicable;
(2) Revoke any covenant not to sue issued under section 3746.12 of the Revised Code pertaining to the director's request for information under division (A) of this section.
Nothing in division (B)(2) of this section precludes a person whose covenant not to sue was revoked under that division from having a new no further action letter prepared regarding the relevant property and issued under section 3746.11 of the Revised Code by another certified professional, or using another accredited laboratory, for the purpose of obtaining a new covenant not to sue for the property.
Last updated August 16, 2021 at 3:29 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.19 | Notice of Noncompliance by Certified Professional or Laboratory.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) If the director of environmental protection finds that the performance of a certified professional or certified laboratory has resulted in the issuance of no further action letters under section 3746.11 of the Revised Code that are not consistent with applicable standards, the director shall notify persons for whom the certified professional or certified laboratory has performed work in connection with a voluntary action of those findings.
(B) The director, in accordance with the criteria and procedures established in rules adopted under division (B)(8) of section 3746.04 of the Revised Code, may conduct an audit of any property for which a covenant not to sue was issued under section 3746.12 of the Revised Code based upon a no further action letter issued under section 3746.11 of the Revised Code that was prepared by a certified professional whose certification was subsequently suspended or revoked under this chapter and rules adopted under it or based upon a no further action letter for a voluntary action for which analyses were performed by a certified laboratory for which the certification was suspended or revoked before the effective date of this amendment .
If, after such an audit, the director finds that the property does not comply with applicable standards, the director shall proceed in accordance with divisions (B)(2) through (4) of section 3746.12 of the Revised Code.
Last updated August 17, 2021 at 8:04 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.20 | Documents Submitted by Affidavit.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) All of the following shall be submitted by affidavit:
(1) Any information, data, documents, or reports submitted by any of the following to another person for the purposes of a voluntary action conducted under this chapter and rules adopted under it:
(a) The person undertaking the voluntary action;
(b) A certified professional;
(c) Any other person who performed work that was conducted to support a request for a no further action letter as provided in division (B)(2) of section 3746.10 of the Revised Code;
(d) A certified laboratory;
(e) An accredited laboratory.
(2) Any information submitted by an environmental professional to the director of environmental protection for the purposes of complying with rules adopted under division (B)(5)(a) or (c) of section 3746.04 of the Revised Code;
(3) The verification of eligible costs associated with a voluntary action submitted by a certified professional to the director of development pursuant to section 3746.121 of the Revised Code.
(B) No person shall materially falsify, tamper with, or render inaccurate any information, data, documents, or reports generated for the purposes of or used in documenting or preparing a no further action letter under this chapter or rules adopted under it or verification of eligible costs under section 3746.121 of the Revised Code.
Violation of this division is not falsification under section 2921.13 of the Revised Code.
(C) In accordance with rules adopted under division (B)(5)(f) of section 3746.04 of the Revised Code, the director permanently shall revoke the certification of a certified professional who violates division (B) of this section.
(D) No person, with purpose to deceive a certified professional, accredited laboratory, or a contractor thereof, or the environmental protection agency or a contractor thereof, shall withhold, conceal, or destroy any data, information, records, or documents relating to a voluntary action.
Last updated August 16, 2021 at 3:30 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.21 | Right of Entry.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) In addition to the authority established in sections 3746.18, 3746.19, and 3746.20 of the Revised Code, the director of environmental protection or the director's authorized representative, upon proper identification and upon stating the necessity and purpose of an inspection, may enter at reasonable times upon any of the following:
(1) Any public or private property at which a voluntary action has been or is being conducted under this chapter and rules adopted under it;
(2) Any public or private property, real or personal, that is owned or operated by a person who is participating or has participated in the voluntary action program under this chapter and rules adopted under it where data, information, records, or documents relating to the person's participation in the voluntary action program are kept;
(3) Any public or private property, real or personal, upon which is located a certified laboratory, accredited laboratory, or the offices of a certified professional.
(B) The director or the director's authorized representative may enter upon any property described in division (A) of this section to do any of the following:
(1) Inspect the credentials of the certified professional or the credentials and facilities of the certified laboratory or accredited laboratory;
To examine or copy data, information, records, or documents relating to the evaluation, investigation, or remediation of properties under this chapter and rules adopted under it or to compliance with a consolidated standards permit issued under section 3746.15 of the Revised Code;
(3) Obtain samples of soil, water, or other environmental media at properties where voluntary actions have been or are being conducted under this chapter and rules adopted under it.
(C) The director or the director's authorized representative may apply for and any judge of a court of record may issue an administrative inspection warrant under division (F) of section 2933.21 of the Revised Code, or other appropriate search warrant, necessary to achieve the purposes of this chapter within the court's territorial jurisdiction.
Last updated August 18, 2021 at 2:51 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.22 | Prosecutions.

Effective:
September 28, 1994
Latest Legislation:
Senate Bill 221 - 120th General Assembly
(A) The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation of section 3746.14, 3746.15, 3746.18, or 3746.20 of the Revised Code has occurred or is occurring, upon the written request of the director of environmental protection, shall criminally prosecute to termination or bring an action for injunction in any court of competent jurisdiction against any person who has violated or is violating any of those sections. The court in which an action for injunction is filed has the jurisdiction to and shall grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated or is violating any of those sections. The court shall give precedence to such an action over all other cases.
(B) Whoever violates section 3746.14, 3746.18, or 3746.20 of the Revised Code, or violates section 3746.15 of the Revised Code in a manner that otherwise would constitute a violation of Chapter 3714., 3734., or 6111. of the Revised Code or rules adopted under any of those chapters, shall pay a civil penalty of not more than ten thousand dollars for each day of each violation. Whoever violates section 3746.15 of the Revised Code in a manner that otherwise would constitute a violation of Chapter 3704. of the Revised Code or rules adopted under it shall pay a civil penalty of not more than twenty-five thousand dollars for each day of each violation. The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation of any of those sections has occurred or is occurring, upon the written request of the director, shall bring an action under this division for the imposition of a civil penalty in any court of competent jurisdiction against any person who has committed or is committing any such violation. Moneys arising from civil penalties imposed under this division shall be paid into the voluntary action program administration fund created in section 3746.16 of the Revised Code.
(C) An action for injunction or civil penalties under division (A) or (B) of this section is a civil action governed by the Rules of Civil Procedure.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.25 | State, Officers or Employees - Immunity.

Effective:
September 28, 1994
Latest Legislation:
Senate Bill 221 - 120th General Assembly
(A) As used in this section:
(1) "Harm" means injury, death, or loss to person or property.
(2) "Tort action" means a civil action for damages for harm and includes a civil action under section 3746.23 of the Revised Code for recovery of the costs of conducting a voluntary action, but does not include a civil action for damages for a breach of contract or another agreement between persons or for a breach of a warranty that exists pursuant to the Revised Code or common law of this state.
(B) The state, and any officer or employee thereof as defined in section 109.36 of the Revised Code, is not liable in a tort action when the state inspects, investigates, removes, or remediates hazardous substances or petroleum unless an action or omission of the state, or an officer or employee thereof, constitutes willful or wanton misconduct or intentionally tortious conduct.
(C)(1) This section does not create, and shall not be construed as creating, a new cause of action against or substantive legal right against the state or an officer or employee thereof.
(2) This section does not affect, and shall not be construed as affecting, any immunities from civil liability or defenses established by another section of the Revised Code or available at common law to which this state, or an officer or employee thereof, may be entitled under circumstances not covered by this section.
(3) Section 9.86 of the Revised Code does not apply to an officer or employee of the state if the officer or employee is performing work in connection with inspecting, investigating, removing, or remediating hazardous substances or petroleum at the time that he allegedly caused the harm, or caused or contributed to the presence or release of hazardous substances or petroleum, for which damages, or the recovery of the costs of conducting a voluntary action, are sought in a tort action. Instead, the immunities conferred by division (B) of this section apply to that individual.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.28 | Evidence of Entry Into or Participation in Program.

Effective:
September 28, 1994
Latest Legislation:
Senate Bill 221 - 120th General Assembly
(A) Entering into and participating in the voluntary action program under this chapter and rules adopted under it does not constitute an admission 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 any civil, criminal, or administrative proceeding initiated or brought under Chapter 3704., 3714., 3734., 3750., 3751., 6109., or 6111. of the Revised Code.
(C) Any information, documents, reports, or data produced, or any samples collected as a result of entering into and participating in the voluntary action program under this chapter and rules adopted under it are not admissible against the person undertaking the voluntary action, and are not discoverable, in any civil or administrative proceeding against the person undertaking the voluntary action, except a judicial or administrative proceeding initiated under section 3746.22 of the Revised Code or rules adopted under section 3746.04 of the Revised Code in connection with an alleged violation of section 3746.20 of the Revised Code.
This division does not apply to any person whose covenant not to sue has been revoked under this chapter.
(D) Entering into and participating in the voluntary action program under this chapter and rules adopted under it shall not be construed to be an acknowledgment that the conditions at the property identified and addressed by the voluntary action constitute a threat or danger to public health or safety or the environment.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.29 | Authority of Director.

Effective:
September 28, 1994
Latest Legislation:
Senate Bill 221 - 120th General Assembly
(A) Nothing in this chapter limits the authority of the director of environmental protection to act under sections 3734.13 and 3734.20 to 3734.23 of the Revised Code.
(B) Nothing in this chapter limits the authority of the director to request that a civil action be brought 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 imminent and substantial threat to public health or safety or the environment.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.30 | No Effect on Obligations, Rights and Liabilities Arising Under Other State and Federal Laws.

Effective:
September 8, 1995
Latest Legislation:
Senate Bill 19 - 121st General Assembly
(A) Nothing in this chapter shall be construed as abrogating any obligation 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 shall be construed as relieving a person from any requirement established under the "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as amended, and regulations adopted under it or under Chapter 3747. or 3748. of the Revised Code and rules adopted under them, including, without limitation, any applicable requirement existing when a voluntary action is undertaken to notify or coordinate remedial activities with the United States nuclear regulatory commission or the department of health in connection with radioactive materials regulated under that act or those chapters.
(D) Nothing in this chapter alters, abridges, abrogates, diminishes, or otherwise limits the rights or protections afforded any shareholder, director, officer, or employee, or, in the case of a partnership, any general or limited partner, under the Revised Code and common law of this state.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.31 | Copies of Materials Provided Upon Request.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
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 requested materials are not on file in the offices of the environmental protection agency, the director, promptly after receipt of the request, shall send a written request to the certified professional who submitted the list pursuant to that division or those rules to submit the requested materials to the director within a specified reasonable period of time. The certified professional shall submit the requested materials to the director within the time specified in the director's request. Within a reasonable period of time after the director receives the requested materials from the certified professional, the director shall provide copies of them, at cost, to the person who requested them and shall retain the originals in the agency's files.
Last updated August 18, 2021 at 1:40 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.99 | Penalty.

Effective:
September 28, 1994
Latest Legislation:
Senate Bill 221 - 120th General Assembly
(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 at least ten thousand dollars, but not more than twenty-five thousand dollars, or imprisoned for at least two years, but not more than four years, or both. Each day of violation is a separate offense. Upon a second or subsequent conviction for such an offense, the offender shall be fined at least twenty-five thousand dollars, but not more than fifty thousand dollars, or imprisoned for at least two years, but not more than four years, or both.
(B) Whoever knowingly violates section 3746.20 of the Revised Code is guilty of a felony and shall be fined at least ten thousand dollars, but not more than twenty-five thousand dollars, or imprisoned for at least two years, but not more than four years, or both. Each violation is a separate offense. Upon a second or subsequent conviction for such an offense, the offender shall be fined at least twenty-five thousand dollars, but not more than fifty thousand dollars, or imprisoned for at least two years, but not more than four years, or both.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3747 | Low-Level Radioactive Waste Act › Section 3747.02 | Commission Membership.

Effective:
June 27, 2005
Latest Legislation:
Senate Bill 124 - 126th General Assembly
(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 radioactive waste entered into under section 3747.01 of the Revised Code.
(B) The representative from this state on the commission 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 responsibility to serve as a host state under Article VI(E) of the compact;
(3) A requirement pursuant to Article VI(F) of the compact that this state use alternate technology to that proposed by this state for a compact facility in this state;
(4) Authorization of the early closing of a compact facility under Article III(H)(7) of the compact;
(5) Any agreement between this state and the commission or a state other than Ohio that determines or alters the rights, powers, or obligations of this state under the compact;
(6) Modification of the requirements of Article VI(L)(2), (3), or (5) of the compact if the then operating compact facility is in this state;
(7) Admission by the commission of a new party state to the compact;
(8) Revocation by the commission of the membership of a party state in the compact.
(D) A vote by the representative from this state on the commission that is inconsistent with division (B) or (C) of this section is void and is not enforceable.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3747 | Low-Level Radioactive Waste Act › Section 3747.03 | Bylaws and Amendments.

Effective:
April 25, 1984
Latest Legislation:
House Bill 344 - 115th General Assembly
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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.02 | Ohio Radiation Control Agency Designation.

Effective:
June 27, 2005
Latest Legislation:
Senate Bill 124 - 126th General Assembly
(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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.03 | Agreements With Nuclear Regulatory Commission.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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-level radioactive waste, and special nuclear material in quantities not sufficient to form a critical mass and the assumption of that authority by the state.
(b) The governor, on behalf of the state, may also enter into agreements described in division (A)(1)(a) of this section with the the United States department of energy or branches of the United States military.
(2) The governor shall appoint a state liaison officer to the United States nuclear regulatory commission, who shall serve at the pleasure of the governor.
(B) The general assembly hereby designates the department of health as the agency authorized to pursue agreement state status, on behalf of the governor, for the assumption by the state of specified licensing and related regulatory authority from the commission pursuant to division (A) of this section. The department shall enter into negotiations with the commission for that purpose.
(C) Any person who, on the effective date of an agreement entered into by the state and the commission pursuant to divisions (A) and (B) of this section, holds a license issued by the commission for radioactive materials that are subject to the agreement is deemed to hold a license issued under this chapter and rules adopted under it. That license shall expire ninety days after the holder receives a notice of expiration from the department or on the date of expiration specified in the license issued by the commission, whichever is later, provided that no such license shall expire during the ninety days immediately following the effective date of the agreement.
Last updated September 19, 2023 at 12:17 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.06 | Compliance With Licensing Provisions and Rules.

Effective:
September 8, 1995
Latest Legislation:
Senate Bill 19 - 121st General Assembly
(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 accordance with rules adopted under section 3748.04 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.12 | Certifying Radiation Experts.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(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 program for sources of radiation for which such a program is required under division (A) of section 3748.13 of the Revised Code.
(B) The director shall establish an application fee for applying for certification and a biennial certification renewal fee in rules adopted under division (C) of section 3748.04 of the Revised Code. A certificate issued under this section shall expire two years after the date of its issuance. To maintain certification, a radiation expert shall apply to the director for renewal of certification in accordance with the standard renewal procedures established in Chapter 4745. of the Revised Code. The certification renewal fee is not required for initial certification, but shall be paid for every renewal of certification. Fees collected under this section shall be deposited into the state treasury to the credit of the general operations fund created in section 3701.83 of the Revised Code. The fees shall be used solely to administer and enforce this chapter and rules adopted under it. Any fee required under this section that remains unpaid on the ninety-first day after the original invoice date shall be assessed an additional amount equal to ten per cent of the original fee.
(C) The director shall issue a certificate in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license or certificate in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a radiation expert in a state that does not issue that certificate.
Last updated December 29, 2023 at 6:53 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.121 | Effect of Child Support Default on Certificate.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.14 | Excepting Diagnostic or Therapeutic Use of Radiation.

Effective:
September 8, 1995
Latest Legislation:
Senate Bill 19 - 121st General Assembly
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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.15 | Prohibited Acts.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.17 | Notice of Violation.

Effective:
September 8, 1995
Latest Legislation:
Senate Bill 19 - 121st General Assembly
(A) Whenever the director of health determines that there has been a violation of this chapter or a rule adopted under it, the director shall give written notice to the alleged violator specifying the section of this chapter or rule violated and specifically describing the violation. The notice also shall include information concerning the applicable penalties established under sections 3748.19 and 3748.99 of the Revised Code.
In addition to giving written notice under this division, the director may issue an order to the violator imposing an administrative penalty in accordance with rules adopted under division (A)(6) of section 3748.05 of the Revised Code.
(B) The director may issue adjudication orders to any facility that remains in violation of this chapter or any rule adopted under it not less than thirty days after that facility's receipt of a written notice of a violation under division (A) of this section. The orders shall specify the section of this chapter or rule violated, specifically describe the violation, specify the action ordered to abate the violation, and order that action to be taken within a specified reasonable time. The director may modify, suspend, or revoke adjudication orders issued under this section.
In addition to the remedies provided and irrespective of whether or not there exists an adequate remedy at law, if a facility to which an adjudication order is issued under this division fails to take the action specified in the order within the specified time, the director may suspend or revoke the facility's license or certificate of registration, as applicable, in accordance with rules adopted under division (A)(4) of section 3748.04 of the Revised Code.
(C) If the director determines that an emergency exists requiring immediate 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 as possible and not later than thirty days after application. On the basis of the hearing, the director shall continue the order in effect, revoke it, or modify it. No emergency adjudication order shall remain in effect for more than ninety days after its issuance.
(D) Except as otherwise provided in division (C) of this section, all proceedings of the director under this chapter are subject to and shall be governed by Chapter 119. of the Revised Code.
(E) The director may impound or order the impounding of sources of radiation that are not stored, used, or disposed of as required by this chapter or rules adopted under it if those sources have been abandoned or if the owner cannot be identified or located.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.18 | Prosecution.

Effective:
September 8, 1995
Latest Legislation:
Senate Bill 19 - 121st General Assembly
(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 adopted or orders issued under it is occurring or appears imminent for a temporary or permanent injunction restraining any facility from such a violation or threatened violation. In an action for injunction to enforce any final order of the director brought pursuant to this section, the finding by the director, after hearing, is prima-facie evidence of the facts found therein.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.19 | Civil Penalty.

Effective:
September 8, 1995
Latest Legislation:
Senate Bill 19 - 121st General Assembly
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. Upon a showing that the person against whom the action is brought 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 court may impose upon the person a civil penalty of not more than ten thousand dollars for each day of violation or failure to comply.
Any action under this section is a civil action governed by the Rules of Civil Procedure.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.21 | Nuclear Regulatory Commission Regulated Entities.

Effective:
September 8, 1995
Latest Legislation:
Senate Bill 19 - 121st General Assembly
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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.22 | Fees to Pay All Costs of Programs.

Effective:
September 8, 1995
Latest Legislation:
Senate Bill 19 - 121st General Assembly
Fees for administrative, regulatory, and enforcement programs established under this chapter shall be sufficient to pay all costs of those programs.