reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3748 | Radiation Control Program › Section 3748.99 | Penalty.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
(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 enforce that section is guilty of a felony of the fourth degree. Notwithstanding the conventional fines specified for felonies in section 2929.18 of the Revised Code, if the court imposes a fine as a sanction, the fine shall be not less than ten thousand nor more than twenty-five thousand dollars. Each day of violation is a separate offense.
(2) Upon a second or subsequent conviction of a violation of section 3748.10 of the Revised Code or an order issued under division (B) of section 3748.17 of the Revised Code to enforce that section that was committed recklessly, the offender is guilty of a felony of the fourth degree. Notwithstanding the conventional fines specified for felonies in section 2929.18 of the Revised Code, if the court imposes a fine as a sanction, the fine shall be not less than twenty thousand nor more than fifty thousand dollars per day of violation. Each day of violation is a separate offense.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3749 | Swimming Pools › Section 3749.02 | Adoption of Rules for Public Swimming Pools, Spas and Special Use Pools.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The director of health shall, subject to Chapter 119. of the Revised Code, adopt rules of general application throughout the state governing the issuance of licenses, approval of plans, layout, construction, sanitation, safety, and operation of public swimming pools, public spas, and special use pools. Such rules shall not be applied to the construction, erection, or manufacture of any building to which section 3781.06 of the Revised Code is applicable when the building or structure is either integral to or appurtenant to a public swimming pool, a public spa, or a special use pool.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3749 | Swimming Pools › Section 3749.04 | Annual Application for License to Operate or Maintain Pool or Spa.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) No person shall operate or maintain a public swimming pool, public spa, or special use pool without a license issued by the licensor having jurisdiction.
(B) Every person who intends to operate or maintain an existing public swimming pool, public spa, or special use pool shall, during the month of April of each year, apply to the licensor having jurisdiction for a license to operate the pool or spa. Any person proposing to operate or maintain a new or otherwise unlicensed public swimming pool, public spa, or special use pool shall apply to the licensor having jurisdiction at least thirty days prior to the intended start of operation of the pool or spa. Within thirty days of receipt of an application for licensure of a public swimming pool, public spa, or special use pool, the licensor shall process the application and either issue a license or otherwise respond to the applicant regarding the application.
(C) Each license issued shall be effective from the date of issuance until the last day of May of the following year.
(D) Each licensor administering and enforcing sections 3749.01 to 3749.09 of the Revised Code and the rules adopted thereunder may establish licensing and inspection fees in accordance with section 3709.09 of the Revised Code, which shall not exceed the cost of licensing and inspecting public swimming pools, public spas, and special use pools.
(E) Except as provided in division (F) of this section and in division (B) of section 3749.07 of the Revised Code, all license fees collected by a licensor shall be deposited into a swimming pool fund, which is hereby created in each health district. The fees shall be used by the licensor solely for the purpose of administering and enforcing this chapter and the rules adopted under this chapter.
(F) An annual license fee established under division (D) of this section shall include any additional amount determined by rule of the director of health, which the board of health shall collect and transmit to the director pursuant to section 3709.092 of the Revised Code. The amounts collected under this division shall be administered by the director of health and shall be used solely for the administration and enforcement of this chapter and the rules adopted under this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3749 | Swimming Pools › Section 3749.05 | Disciplinary Actions by Licensor of District.

Effective:
September 10, 1987
Latest Legislation:
House Bill 68 - 117th General Assembly
The licensor of the district in which a public swimming pool, public spa, or special use pool is located may, in accordance with Chapter 119. of the Revised Code, refuse to grant a license or suspend or revoke any license issued to any person for failure to comply with the requirements of Chapter 3749. of the Revised Code and the rules adopted thereunder.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3749 | Swimming Pools › Section 3749.06 | Inspection of Public Swimming Pool, Public Spa, or Special Use Pool.

Effective:
September 10, 1987
Latest Legislation:
House Bill 68 - 117th General Assembly
Prior to the issuance of an initial license and annually thereafter, the licensor shall inspect each public swimming pool, public spa, or special use pool in his jurisdiction to determine whether or not the pool or spa is in compliance with Chapter 3749. of the Revised Code and the rules adopted thereunder. A licensor may, as he determines appropriate, inspect a public swimming pool, public spa, or special use pool at any other time. The licensor shall make the initial inspection within five days from the date of receipt of notification that the pool or spa is ready for operation and shall maintain a record of each inspection that he conducts for a period of at least five years on forms prescribed by the director of health.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3749 | Swimming Pools › Section 3749.07 | Annual Survey of Health Districts for Compliance.

Effective:
July 24, 1990
Latest Legislation:
House Bill 703 - 118th General Assembly
(A) The director of health shall annually survey each health district that licenses public swimming pools, public spas, and special-use pools to determine whether or not the health district is in substantial compliance with this chapter and the rules adopted thereunder. If the director determines that a health district is in substantial compliance, he shall place the district on an approved health district licensing list. The director shall, as he determines necessary, make additional surveys of health districts and shall remove from the approved health district licensing list any health district he determines not to be in substantial compliance with this chapter and the rules adopted thereunder.
(B) If the director determines that a health district is not eligible to be placed on the approved health district licensing list, he shall certify the same to the board of health of the health district and shall perform the duties of a health district in that area until the health district is eligible for placement on the approved list. All fees payable to the health district during the time that the director performs the duties of the health district and all other such fees that have not been expended or otherwise encumbered shall be deposited by the director in the state treasury to the credit of the general operations fund created by section 3701.83 of the Revised Code, to be used by the director in his capacity as a licensor. The director shall keep a record of the fees so deposited and, when the health district is placed on the approved list, shall transfer any remaining balance of the fees to the health district swimming pool fund created under division (E) of section 3749.04 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3749 | Swimming Pools › Section 3749.08 | Pressure of Pool and Spa Water Features.

Effective:
April 3, 2023
Latest Legislation:
House Bill 178 - 134th General Assembly
(A) The flow rate through a feature nozzle of a water feature, including a fountain or other interactive feature, at a public swimming pool, public spa, or special use pool shall be such as not to harm patrons and shall not exceed twenty feet per second unless justified by the design engineer and by the fountain system manufacturer.
(B) The owner of a public swimming pool, public spa, or special use pool shall ensure that the pool or spa meets the requirements of division (A) of this section.
Last updated January 20, 2023 at 4:35 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3749 | Swimming Pools › Section 3749.09 | Prohibitions - Injunctive Relief.

Effective:
September 10, 1987
Latest Legislation:
House Bill 68 - 117th General Assembly
(A) No person shall violate sections 3749.01 to 3749.09 of the Revised Code or any rule adopted thereunder.
(B) The prosecuting attorney of the county, the city director of law, or the attorney general, upon complaint of the licensor, shall prosecute to termination or bring an action for injunctive relief, or both, against any person violating sections 3749.01 to 3749.09 of the Revised Code or any rule adopted thereunder.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3749 | Swimming Pools › Section 3749.99 | Penalty.

Effective:
September 10, 1987
Latest Legislation:
House Bill 68 - 117th General Assembly
Whoever violates division (A) of section 3749.09 of the Revised Code is guilty of a misdemeanor of the fourth degree.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3750 | Emergency Planning › Section 3750.081 | Compliance With Filing Requirements; Access to Database.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(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 1509.231 of the Revised Code.
(B) The emergency response commission and every local emergency planning committee and fire department in this state shall establish a means by which to access, view, and retrieve information from the electronic database maintained by the division of oil and gas resources management in the department of natural resources in accordance with section 1509.231 of the Revised Code. With respect to facilities regulated under Chapter 1509. of the Revised Code, the database shall be the means of providing and receiving the information described in division (A) of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3750 | Emergency Planning › Section 3750.12 | Fire Marshal Rules for Placards or Labels at Bulk Storage Areas.

Effective:
December 14, 1988
Latest Legislation:
Senate Bill 367 - 117th General Assembly
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 following:
(A) Establish standards that are consistent with those established for this purpose by the national fire protection association or with other nationally recognized standards and stipulate that the owner or operator of a facility may, at his discretion, utilize the system of placarding or labeling established by the national fire protection association;
(B) Provide that if more than one hazardous chemical is present at a bulk storage area, a placard or label concerning only the chemical that is the most hazardous as determined under this chapter and rules adopted under it need be placed at the area;
(C) Stipulate that the information that may be contained on placards or labels is subject to the restrictions on the release of trade secret information and confidential business information under this chapter and rules adopted under it;
(D) Stipulate that any facility whose primary function is to offer a hazardous chemical for retail sale directly to the consumer is not subject to any placarding or labeling requirement established by a local emergency planning committee under division (E) of section 3750.11 of the Revised Code, provided that the facility is one commonly recognized by the general public as a retail sales facility for hazardous chemicals.
As used in this section, "bulk storage area" means any area at which at least ten thousand gallons of a hazardous chemical in liquid form or at least fifty thousand pounds of a hazardous chemical in solid form are stored. The term does not include process vessels.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3750 | Emergency Planning › Section 3750.16 | Right of Entry.

Effective:
October 29, 1995
Latest Legislation:
Senate Bill 162 - 121st General Assembly
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 territorial jurisdiction, 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 or investigate, obtain samples, and examine or copy any records to determine compliance with this chapter and rules adopted and orders issued under it. The commission, committee, or fire department, or a designated representative of any of them, 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, provided that the designated representative of the commission or committee also shall be an officer or employee of the state or a political subdivision.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3750 | Emergency Planning › Section 3750.17 | Prohibitions.

Effective:
December 14, 1988
Latest Legislation:
Senate Bill 367 - 117th General Assembly
(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 section 2921.13 of the Revised Code.
(C) No person who is required to submit information under this chapter, a rule adopted under it, or an order issued under it shall submit any information that is inaccurate or misleading. It is an affirmative defense in any civil action or civil penalty action brought under section 3750.20 of the Revised Code for an alleged violation of this division that the submission of the inaccurate or misleading information resulted from a good faith error that occurred notwithstanding the maintenance of procedures that were adopted by the owner or operator to avoid such an error.
(D) No person shall influence, intimidate, harass, or retaliate by any means or method against the director of environmental protection or an officer or employee of the environmental protection agency, a member or employee of the emergency response commission or a local emergency planning committee, an officer or employee of a fire department, an emergency responder, or an officer or employee of this state or a political subdivision, so as to hinder or attempt to hinder him from carrying out his duties under this chapter and rules adopted under it. Violation of this division is not intimidation under section 2921.03 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3750 | Emergency Planning › Section 3750.18 | Orders for Enforcement.

Effective:
December 14, 1988
Latest Legislation:
Senate Bill 367 - 117th General Assembly
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 section and other orders issued by the commission under this chapter shall be issued in accordance with procedures established by the commission by rules adopted under division (B)(2)(g) of section 3750.02 of the Revised Code. Issuance of an enforcement order under this section is not a condition precedent to bringing a criminal, civil, or civil penalty action under section 3750.20 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3750 | Emergency Planning › Section 3750.19 | Appeals.

Effective:
December 2, 1996
Latest Legislation:
House Bill 670 - 121st General Assembly
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 affected by an act or action of the emergency response commission or the executive committee of the commission may appeal to the environmental review appeals commission seeking an order vacating or modifying the act or action or requiring the emergency response commission or executive committee to perform an act or action. The person appealing to the environmental review appeals commission shall be known as the appellant and the emergency response commission or executive committee and any party substantially supporting the finding of the emergency response commission shall be known as an appellee. The appeal shall be in the form of a notice of appeal and shall set forth the action complained of and the grounds upon which the appeal is based. The appeal shall be filed with the environmental review appeals commission within thirty days after notice of the act or action. Notice of the filing of the appeal shall be filed with the emergency response commission or executive committee within three days after the appeal is filed with the environmental review appeals commission. Within fourteen days after receipt of the notice of appeal, the emergency response commission or executive committee shall prepare and certify to the environmental review appeals commission a record of proceedings out of which the appeal arises, including all documents. The setting of a hearing, the conduct of the hearing, the availability of a stay, the environmental review appeals commission's decision-making process, and all other procedures of the environmental review appeals commission that are established in Chapter 3745. of the Revised Code and are not inconsistent with this chapter shall govern hearings under this section. For purposes of hearings held under this chapter or Chapter 3745. of the Revised Code, the environmental review appeals commission may employ hearing examiners to conduct hearings and may create a record by stenographic means or by the use of audio electronic recording devices, as it determines.
Notwithstanding any provision of Chapter 119. or 3745. of the Revised Code, no adjudication hearing shall be held by the emergency response commission or executive committee prior to any act or action under this chapter. All appeals of acts or actions by the emergency response commission shall be heard in a hearing de novo before the environmental review appeals commission. Appeals from orders of the environmental review appeals commission shall be conducted in accordance with section 3745.06 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3750 | Emergency Planning › Section 3750.22 | Distribution by Facility Owner of Copies of Vulnerability Assessment.

Effective:
April 14, 2006
Latest Legislation:
Senate Bill 9 - 126th General Assembly
(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 in which the facility or business is located;
(b) The fire department with jurisdiction over the facility or business;
(c) The sheriff of the county in which the facility or business is located;
(d) The chief of police of any municipal corporation with jurisdiction over the facility or business;
(e) Any state agency involved in the development of plans to protect businesses of any type against terrorist attack including the Ohio department of public safety, the Ohio highway patrol, the office of homeland security, and the emergency management agency.
(2) A local emergency planning committee, fire department, sheriff, or chief of police, or other public office that receives a vulnerability assessment or other security-sensitive information pursuant to division (A)(1) of this section may provide a copy of that assessment or information to any local emergency planning committee, fire department, sheriff, or chief of police, or other public office described in division (A)(1) of this section but shall not share that vulnerability assessment or security-sensitive information with any other public or private office unless required to do so by federal or state law.
(B)(1) Any vulnerability assessment or other security-sensitive information a public office receives pursuant to division (A) of this section is not a public record under section 149.43 of the Revised Code and that assessment or information is not subject to the mandatory disclosure requirements of section 149.43 of the Revised Code.
(2) This section shall not be construed to exempt any owner or operator of a facility where chemicals are produced or the owner or operator of any other facility or business of any type from providing information contained in a vulnerability assessment or other security-sensitive information to the public when the provision of that information otherwise is required by federal or state law.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3750 | Emergency Planning › Section 3750.99 | Penalty.

Effective:
December 14, 1988
Latest Legislation:
Senate Bill 367 - 117th General Assembly
(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 such an offense, the offender shall be fined at least twenty-five thousand but not more than fifty thousand dollars for each day of violation or imprisoned for at least two but not more than four years, or both.
(B) Whoever purposely violates division (G) of section 3750.09 of the Revised Code shall be fined not more than twenty thousand dollars or imprisoned for not more than one year, or both. Each violation is a separate offense.
(C) Whoever recklessly violates division (B) of section 3750.17 of the Revised Code 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 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 but not more than fifty thousand dollars for each violation or imprisoned for at least two but not more than four years, or both.
(D) Whoever recklessly violates division (D) of section 3750.17 of the Revised Code 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 violation is a separate offense.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3751 | Hazardous Substances › Section 3751.01 | Hazardous Substances Definitions.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
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 other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by, or is under common control with such person.
(D) "Manufacture" means the production, preparation, importation, or compounding of a toxic chemical. The term also applies to a toxic chemical produced coincidentally during the manufacture, processing, use, or disposal of another substance or mixture including, without limitation, byproducts and coproducts that are separated from the other substance or mixture and impurities that remain in that substance or mixture.
(E) "Person" includes the state, any political subdivision or other state or local body, the United States and any agency or instrumentality thereof, and any entity defined as a person under section 1.59 of the Revised Code.
(F) "Process" means the preparation of a toxic chemical after its manufacture for distribution in commerce:
(1) In the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such chemical;
(2) As part of an article containing the toxic chemical.
(G) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or discharging into the environment of any toxic chemical including, without limitation, the abandonment or discarding of barrels, containers, and other closed receptacles that contained a toxic chemical.
(H) "Toxic chemical" means a chemical listed in rules adopted by the administrator of the United States environmental protection agency under EPCRA.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3751 | Hazardous Substances › Section 3751.02 | Authority of Director.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
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 to apply the toxic chemical release reporting requirements of that act to the owner or operator of any facility in this state that manufactures, processes, or otherwise uses a toxic chemical if, in the director's judgment, such reporting is warranted by the toxicity of the toxic chemical manufactured, processed, or otherwise used at the facility; the proximity of the facility to other facilities that release the toxic chemical or to population centers; or the history of releases of the toxic chemical at the facility;
(C) As the representative of the governor pursuant to EPCRA, petition the administrator to, by regulation, add a chemical to or delete a chemical from the list of toxic chemicals subject to the toxic chemical release reporting requirements of that act if, in the director's judgment, the chemical meets the criteria required by that act.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3751 | Hazardous Substances › Section 3751.03 | Submission of Toxic Chemical Release Forms.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(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 the facility during the preceding calendar year. The electronic submission of the form to the administrator constitutes simultaneous submission of the form to the director of environmental protection for purposes of EPCRA.
(2) Division (A)(1) of this section applies to the owner or operator of a facility to which all of the following apply:
(a) The facility is in standard industrial classification codes 20 to 39, as those codes were in effect on July 1, 1985, or in any other applicable code added by the administrator.
(b) The owner or operator has ten or more full-time employees.
(c) The facility manufactured, processed, or otherwise used during the calendar year immediately preceding the first day of July or date otherwise prescribed by the administrator, a toxic chemical in an amount exceeding the applicable threshold quantity established by the administrator under EPCRA.
(3) The owner or operator shall submit the information on a uniform toxic chemical release form prescribed by the administrator under EPCRA.
(B) The toxic chemical release forms required by this section are intended to provide information to federal, state, and local governments and the public, including residents of communities surrounding facilities covered by this section.
(C) No owner or operator of a facility who is required by this section to file a toxic chemical release form shall fail to submit a toxic chemical release form as required by this section.
(D) An owner or operator of a facility who is required under this section to file a toxic chemical release form and who knowingly makes a false statement on that form, on a record upon which the information on that form is based, or on other information or records required to be kept or submitted under this chapter and the rules adopted under this chapter is guilty of falsification under section 2921.13 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3751 | Hazardous Substances › Section 3751.05 | Toxic Chemical Release Reporting Fund.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3751 | Hazardous Substances › Section 3751.06 | Enforcement.

Effective:
December 14, 1988
Latest Legislation:
Senate Bill 367 - 117th General Assembly
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 of information regarding locations where those chemicals are stored at those facilities; or for the reporting of any releases of those chemicals, unless both of the following conditions are met:
(A) The toxic chemical is also identified or listed as an extremely hazardous substance, hazardous chemical, or hazardous substance by rules adopted under division (B)(1)(a), (b), or (c) or (C)(5) of section 3750.02 of the Revised Code;
(B) Enforcement of the ordinance, resolution, rule, or requirement is authorized under division (B), (C), or (E) of section 3750.11 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3751 | Hazardous Substances › Section 3751.08 | Right of Entry.

Effective:
December 14, 1988
Latest Legislation:
Senate Bill 367 - 117th General Assembly
The director of environmental protection or his 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 or investigate, obtain samples, and examine and copy records to determine compliance with this chapter and rules adopted and orders issued under it. The director or his authorized representative may apply for, and any judge of a court of record may issue for use within the court's territorial jurisdiction, 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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3751 | Hazardous Substances › Section 3751.09 | Issuing Abatement Orders.

Effective:
December 14, 1988
Latest Legislation:
Senate Bill 367 - 117th General Assembly
The director of environmental protection may issue orders requiring the owner or operator of a facility where toxic chemicals are manufactured, processed, or otherwise used to abate a violation of this chapter or a rule adopted or order issued under it. 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 any adjudication hearing in connection with any such order. Issuance of an order under this section is not a condition precedent to bringing any civil, criminal, or civil penalty action under this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3751 | Hazardous Substances › Section 3751.10 | Prosecutions.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(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 director of environmental protection, shall prosecute to termination or bring an action for injunction against any person who has violated or is violating any section of this chapter or any rule adopted or order issued under it. The court of common pleas 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 section of this chapter or a rule adopted or order issued under it. The court shall give precedence to such an action over all other cases.
Upon the certified written request of any person, the director shall conduct such investigations and make such inquiries as are necessary to secure compliance with this chapter or rules adopted or orders issued under it. The director may, upon request or upon the director's own initiative, investigate or make inquiries into any violation of this chapter or rules adopted or orders issued under it.
(B) Whoever violates division (C) of section 3751.03, division (B)(1) or (2) of section 3751.04 of the Revised Code, or an order issued under this chapter, shall pay a civil penalty of not more than twenty-five thousand dollars for each day of violation. The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation of this chapter or a rule adopted or order issued under it has occurred or is occurring, upon the written request of the director, shall bring an action for imposition of a civil penalty under this division against any person who has committed or is committing any such violation. All civil penalties received under this division shall be credited to the toxic chemical release reporting fund created in section 3751.05 of the Revised Code.
(C) Any 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 3751 | Hazardous Substances › Section 3751.11 | Liability for Disclosures.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
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 or identified as confidential business information pursuant to EPCRA and who violates division (F) of section 3751.04 of the Revised Code or otherwise discloses information classified as a trade secret or identified as confidential business information pursuant to that act to a person not authorized to have that information under division (C) of section 3751.04 of the Revised Code or EPCRA, is liable in damages in a civil action to the owner of the trade secret information for any injury or loss to person or property sustained by the owner resulting from the violation or unauthorized disclosure of that information. Any owner of information so classified as a trade secret or identified as confidential business information who, as a result of a violation of division (F) of section 3751.04 of the Revised Code or by disclosure of trade secret or confidential business information to a person not authorized to have it pursuant to division (C) of section 3751.04 of the Revised Code or under EPCRA, sustains any injury or loss to person or property may bring a civil action for damages and other appropriate relief against the person who violated that division or otherwise disclosed the trade secret or confidential business information to a person not so authorized to have it.
In such a civil action, if the plaintiff establishes by a preponderance of the evidence, and if the trier of fact finds, that the defendant violated that division or otherwise disclosed information classified as a trade secret or identified as confidential business information to a person not so authorized to have it, and that the plaintiff sustained injury or loss to person or property as a result of the violation or unauthorized disclosure of the information, the trier of fact may award compensatory damages and such other relief as the trier of fact finds appropriate.
In any civil action under this section the court may award costs and reasonable attorney's fees to the prevailing party.
Liability imposed under this section for a violation of division (F) of section 3751.04 of the Revised Code is in addition to other civil liability, if any, under the Revised Code or common law of this state and in addition to any criminal penalty that is imposed for the same violation under section 3751.99 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3751 | Hazardous Substances › Section 3751.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
Whoever purposely violates division (F) of section 3751.04 of the Revised Code shall be fined not more than twenty thousand dollars, imprisoned for not more than one year, or both. Each violation is a separate offense.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.02 | Exceptions.

Effective:
July 1, 1996
Latest Legislation:
House Bill 98 - 120th General Assembly
Nothing in this chapter or rules adopted under it applies to any of the following:
(A) Oil or gas production operations regulated under Chapter 1509. of the Revised Code and rules adopted under it;
(B) Equipment, petroleum, or piping owned or operated by a public utility as defined in section 4905.02 of the Revised Code or other electric light company as defined in section 4905.03 of the Revised Code or by a subsidiary of such a public utility or electric light company;
(C) Any tank or underground storage tank system regulated under sections 3737.87 to 3737.98 of the Revised Code and rules adopted under them;
(D) Except as otherwise specifically provided in sections 3752.11, 3752.111, and 3752.113 of the Revised Code, any person to which those sections apply.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.03 | Adoption of Rules.

Effective:
July 1, 1995
Latest Legislation:
House Bill 98 - 120th General Assembly
(A) The director of environmental protection, in accordance with Chapter 119. of the Revised Code, shall adopt, and subsequently may amend or rescind, rules doing all of the following:
(1) Establishing guidelines for the demonstrations required to be made in an application for a waiver under division (A) of section 3752.10 of the Revised Code;
(2) Prescribing methods to be used in securing buildings, structures, and outdoor locations of operation in accordance with sections 3752.07, 3752.11, 3752.111, 3752.112, and 3752.113 of the Revised Code;
(3) Defining the phrase "contaminated with" as used in this chapter. The definition shall be consistent with and no more stringent than provisions in state and federal environmental laws dealing with the demonstration that tanks, drums, containers, pipelines, and other vessels are empty and free of regulated substances, including, without limitation, Chapters 3734., 3752., and 6111. of the Revised Code and rules adopted under those chapters; and the "Toxic Substances Control Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended, the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, and the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as amended, and regulations adopted under those acts.
(B) The director, in accordance with Chapter 119. of the Revised Code, may adopt, amend, and rescind such other rules as he considers necessary or appropriate for the implementation, administration, and enforcement of this chapter.
(C) No person shall violate a rule adopted under this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.04 | Notice of Cessation of Regulated Operations.

Effective:
July 1, 1996
Latest Legislation:
House Bill 98 - 120th General Assembly
Unless the owner or operator of a reporting facility has submitted to the director of environmental protection in connection with the facility a notice of the temporary discontinuation of all regulated operations at the facility in compliance with division (A)(1) of section 3752.09 of the Revised Code or an application for a waiver in compliance with division (A) of section 3752.10 of the Revised Code, the owner or operator, not later than thirty days after the cessation of all regulated operations at the facility, shall submit to the director, the local emergency planning committee of the emergency planning district in which the facility is located, and the fire department having jurisdiction where the facility is located a notice of the cessation of all regulated operations at the facility. The notice shall be submitted on a form prescribed by the director.
No person shall fail to comply with this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3752 | Cessation of Regulated Operations › Section 3752.05 | Designating Contact Person for Facility.

Effective:
July 1, 1996
Latest Legislation:
House Bill 98 - 120th General Assembly
(A) Each owner or operator who is required to submit a notice of cessation of all regulated operations under section 3752.04 of the Revised Code and a certification of the removal of regulated substances under section 3752.06 of the Revised Code shall designate a contact person in connection with the reporting facility. The contact person shall have the responsibility to provide access to the facility named in the notice and certification to the director of environmental protection or his authorized representative to inspect the facility for the purpose of ascertaining compliance with this chapter and rules adopted and orders issued under it. In addition, the director or his authorized representative may request information regarding the facility and compliance with this chapter and rules adopted and orders issued under it from the contact person and may notify the contact person of emergencies and other occurrences at the facility; however, the designation of a contact person does not preclude the director or his authorized representative from requesting any such information from or making any such notification to the owner or operator.
(B) The written designation of the contact person shall accompany the notice of the cessation of all regulated operations at the facility submitted under section 3752.04 of the Revised Code. The written designation shall include the address of the principal office of the owner or operator and the business or residence address and telephone number of the contact person and otherwise shall be in such form as the director prescribes.
(C) An owner or operator shall maintain a contact person for the purposes of this chapter until the director has concurred in the owner's or operator's certification of compliance with section 3752.06 of the Revised Code. If the contact person changes, the owner or operator, within fourteen days after the change, shall provide the director with the name and business or residence address and telephone number of the new contact person in such form and manner as the director prescribes.
(D) If the designated contact person changes his residence or business address or telephone number from that appearing on the record in the director's office, the owner or operator, or the contact person on behalf of the owner or operator, shall provide the director with the new address or telephone number in such form and manner as the director prescribes.
(E) No person shall fail to comply with this section.