reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3743 | Fireworks › Section 3743.64 | Fireworks Exhibitions and Exhibitors - Prohibited Activities.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) No person shall conduct a fireworks exhibition in this state or act as an exhibitor of fireworks in this state unless the person is a licensed exhibitor of fireworks.
(B) No person shall conduct a fireworks exhibition in this state or act as an exhibitor of fireworks in this state after the person's license as an exhibitor of fireworks has expired, been denied renewal, or been revoked, unless a new license has been obtained.
(C) No licensed exhibitor of fireworks shall fail to comply with the applicable requirements of the rules adopted by the fire marshal pursuant to divisions (B) and (E) of section 3743.53 of the Revised Code or to comply with divisions (C) and (D) of that section.
(D) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to section 3743.54 of the Revised Code or if a permit so secured is revoked by a fire chief or fire prevention officer, in consultation with a police chief or other similar chief law enforcement officer of a municipal corporation, township, or township or joint police district or with a designee of such a police chief or other similar chief law enforcement officer, pursuant to that section.
(E) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with sections 3743.54 and 3743.55 of the Revised Code.
(F) No licensed exhibitor of fireworks or other person associated with the conduct of a fireworks exhibition shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises on which the exhibition is being conducted.
(G) No licensed exhibitor of fireworks shall permit an employee to assist the licensed exhibitor in conducting fireworks exhibitions unless the employee is registered with the fire marshal under section 3743.56 of the Revised Code.
(H) Except as provided in division (C) of section 3743.541 of the Revised Code, no person shall knowingly, or knowingly permit another person to, dismantle, reposition, or otherwise disturb any fireworks, associated equipment or materials, or other items within a fireworks incident site, or any evidence related to a fireworks incident, at any time after that person has reason to believe a fireworks incident has occurred, before the state fire marshal, the state fire marshal's designee, a member of the state fire marshal's staff, or other appropriate state or local law enforcement authorities permit in accordance with section 3743.541 of the Revised Code the dismantling, repositioning, or other disturbance of the fireworks, equipment, materials, or items within the fireworks incident site or of any evidence related to the fireworks incident.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3743 | Fireworks › Section 3743.65 | Possession, Sale, and Use Restrictions.

Effective:
July 1, 2022
Latest Legislation:
House Bill 172 - 134th General Assembly
(A) No person shall possess fireworks in this state or shall possess for sale or sell fireworks in this state, except a licensed manufacturer of fireworks as authorized by sections 3743.02 to 3743.08 of the Revised Code, a licensed wholesaler of fireworks as authorized by sections 3743.15 to 3743.21 of the Revised Code, a shipping permit holder as authorized by section 3743.40 of the Revised Code, a licensed fountain device retailer as authorized by section 3743.27 of the Revised Code, a person as authorized by sections 3743.44 and 3743.45 of the Revised Code, or a licensed exhibitor of fireworks as authorized by sections 3743.50 to 3743.55 of the Revised Code, and except as provided in section 3743.80 of the Revised Code.
(B) Except as provided in sections 3743.45 and 3743.80 of the Revised Code and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to sections 3743.50 to 3743.55 of the Revised Code, no person shall discharge, ignite, or explode any fireworks in this state.
(C) No person shall use in a theater or public hall, what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulphur.
(D) No person shall sell fireworks of any kind to a person under eighteen years of age. No person under eighteen years of age shall enter a fireworks sales showroom unless that person is accompanied by a parent, legal guardian, or other responsible adult. No person under eighteen years of age shall touch or possess fireworks on a licensed premises without the consent of the licensee. A licensee may eject any person from a licensed premises that is in any way disruptive to the safe operation of the premises.
(E) Except as otherwise provided in section 3743.44 of the Revised Code, no person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder, shall possess 1.3G fireworks in this state.
(F) Except as otherwise provided in division (J) of section 3743.06 and division (K) of section 3743.19 of the Revised Code, no person shall knowingly disable a fire suppression system as defined in section 3781.108 of the Revised Code on the premises of a fireworks plant of a licensed manufacturer of fireworks or on the premises of the business operations of a licensed wholesaler of fireworks.
(G) No person shall negligently discharge, ignite, or explode fireworks while in possession or control of, or under the influence of, any intoxicating liquor, beer, or controlled substance.
(H) No person shall negligently discharge, ignite, or explode fireworks on the property of another person without that person's permission to use fireworks on that property.
Last updated July 1, 2022 at 4:02 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3743 | Fireworks › Section 3743.66 | Limiting Shipping or Transporting.

Effective:
June 29, 2001
Latest Legislation:
House Bill 161 - 124th General Assembly
(A) No person shall transport fireworks in this state except in accordance with rules adopted by the fire marshal pursuant to section 3743.58 of the Revised Code.
(B) As used in this division, "fireworks" includes only 1.3G and 1.4G fireworks. No person shall ship fireworks into this state by mail, parcel post, or common carrier unless the person possesses a valid shipping permit issued under section 3743.40 of the Revised Code, and the fireworks are shipped directly to the holder of a license issued under section 3743.03, 3743.16, or 3743.51 of the Revised Code.
No person shall ship fireworks within this state by mail, parcel post, or common carrier unless the fireworks are shipped directly to the holder of a license issued under section 3743.03, 3743.16, or 3743.51 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3743 | Fireworks › Section 3743.67 | Ohio Fire Code Rule Recommendation Committee.

Effective:
February 7, 2022
Latest Legislation:
House Bill 172 - 134th General Assembly
(A) The Ohio fire code rule recommendation committee is hereby created to review Chapter 3743. of the Revised Code and make a recommendation to the state fire marshal. At a minimum, the committee shall make a recommendation to the state fire marshal relating to all of the following:
(1) Sections 3743.02, 3743.03, 3743.04, 3743.06, 3743.15, 3743.16, 3743.17, 3743.18, and 3743.19 of the Revised Code;
(2) Section 3743.45 of the Revised Code relating to the purchase of 1.4G fireworks from licensed manufacturers or wholesalers;
(3) Section 3743.75 of the Revised Code relating to the moratorium on licenses;
(4) State fire marshal rulemaking of building code requirements for 1.3G manufacturing facilities.
(5) Development of a state licensing program pursuant to section 3743.75 of the Revised Code.
(B) The committee shall meet periodically, with the first meeting not later than ten days after the effective date of this section, and shall submit its report and recommendations to the state fire marshal not later than one hundred days after the effective date of this section.
(C) The committee shall be made up of the following individuals:
(1) The state fire marshal, or the state fire marshal's designee;
(2) Four local fire chiefs appointed by the Ohio fire chiefs' association, or appointed by the association's designee;
(3) A local police chief appointed by the attorney general, or the attorney general's designee;
(4) Five members of the Ohio state pyrotechnics association, appointed by the president of the association, one of whom shall be a licensed wholesaler, one of whom shall be a licensed exhibitor, and one of whom shall be a licensed manufacturer;
(5) One member of prevent blindness Ohio, or the organization's designee;
(6) One member of the Ohio optometric association or the association's designee;
(7) One member of the Ohio pyrotechnic arts guild or the organization's designee;
(8) One representative of the Ohio chapter of the American academy of pediatrics, appointed by the president of the Ohio chapter;
(9) One member of the Ohio council of retail merchants or the council's designee.
Last updated December 9, 2021 at 4:25 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3743 | Fireworks › Section 3743.70 | No License Issued to Felon.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
(A) The state fire marshal shall not refuse to issue a license, permit, or registration under this chapter if the applicant or any individual holding, owning, or controlling a five per cent or greater beneficial or equity interest in the applicant for the license, permit, or registration has been convicted of or pleaded guilty to a disqualifying offense under section 9.79 of the Revised Code unless the refusal is in accordance with that section.
(B) The state fire marshal shall not issue a renewal of a license, permit, or registration under this chapter on or after June 30, 1997, if the applicant for the license or permit, or any individual holding, owning, or controlling a five per cent or greater beneficial or equity interest in the applicant for the license or permit, has been convicted of or pleaded guilty to a felony under the laws of this state, another state, or the United States.
(C) The state fire marshal shall revoke or deny renewal of a license or permit first issued under this chapter on or after June 30, 1997, if the holder of the license or permit, or any individual holding, owning, or controlling a five per cent or greater beneficial or equity interest in the holder of the license or permit, is convicted of or pleads guilty to a felony under the laws of this state, another state, or the United States.
(D) The state fire marshal may adopt rules under Chapter 119. of the Revised Code specifying the method to be used by the applicants subject to this section to provide the fingerprint or similar identifying information, fees to be assessed by the state fire marshal to conduct such background checks, and the procedures to be used by the state fire marshal to verify compliance with this section. Such rules may include provisions establishing rules for conducting background checks, the frequency that license renewal applicants must update background check information filed by the applicant with previous license applications, provisions describing alternative forms of background check information that may be accepted by the state fire marshal to verify compliance with this section, and provisions that permit the state fire marshal to waive the applicability of this section if the applicant produces verified documentation that demonstrates that this state, another state, the United States, or another country has determined that applicant is appropriate for licensure, permitting, or registration under this chapter.
Last updated October 9, 2021 at 5:15 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3743 | Fireworks › Section 3743.80 | Exemptions.

Effective:
February 7, 2022
Latest Legislation:
House Bill 172 - 134th General Assembly
This chapter does not prohibit or apply to the following:
(A) The manufacture, sale, possession, transportation, storage, or use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation, or highway use;
(B) The manufacture, sale, possession, transportation, storage, or use of fusees, torpedoes, or other signals necessary for the safe operation of railroads;
(C) The manufacture, sale, possession, transportation, storage, or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals or for ceremonial purposes;
(D) The manufacture for, the transportation, storage, possession, or use by, or sale to the armed forces of the United States and the militia of this state, as recognized by the adjutant general of Ohio, of pyrotechnic devices;
(E) The manufacture, sale, possession, transportation, storage, or use of toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage, or use of those caps;
(F) The manufacture, sale, possession, transportation, storage, or use of novelties and trick noisemakers, auto burglar alarms, or model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models;
(G) The manufacture, sale, possession, transportation, storage, or use of wire sparklers.
(H) The conduct of radio-controlled special effect exhibitions that use an explosive black powder charge of not more than one-quarter pound per charge, and that are not connected in any manner to propellant charges, provided that the exhibition complies with all of following:
(1) No explosive aerial display is conducted in the exhibition;
(2) The exhibition is separated from spectators by not less than two hundred feet;
(3) The person conducting the exhibition complies with regulations of the bureau of alcohol, tobacco, and firearms of the United States department of the treasury and the United States department of transportation with respect to the storage and transport of the explosive black powder used in the exhibition.
Last updated November 22, 2021 at 1:51 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3743 | Fireworks › Section 3743.99 | Penalty.

Effective:
July 1, 2022
Latest Legislation:
House Bill 172 - 134th General Assembly
(A) Whoever violates division (A) or (B) of section 3743.60 or division (H) of section 3743.64 of the Revised Code is guilty of a felony of the third degree.
(B) Whoever violates division (C) or (D) of section 3743.60, division (A), (B), (C), or (D) of section 3743.61, or division (A) or (B) of section 3743.64 of the Revised Code is guilty of a felony of the fourth degree.
(C) Whoever violates division (E), (F), (G), (H), (I), or (J) of section 3743.60, division (E), (F), (G), (H), (I), or (J) of section 3743.61, section 3743.63, division (D), (E), (F), or (G) of section 3743.64, division (A), (B), (C), (D), or (E) of section 3743.65, or section 3743.66 of the Revised Code is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (I) of section 3743.60 or 3743.61 of the Revised Code, a violation of either of these divisions is a felony of the fifth degree.
(D) Whoever violates division (C) of section 3743.64 of the Revised Code is guilty of a misdemeanor of the first degree. In addition to any other penalties that may be imposed on a licensed exhibitor of fireworks under this division and unless the third sentence of this division applies, the person's license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be suspended. If the violation of division (C) of section 3743.64 of the Revised Code results in serious physical harm to persons or serious physical harm to property, the person's license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be revoked.
(E) Whoever violates division (F) of section 3743.65 of the Revised Code is guilty of a felony of the fifth degree.
(F) Whoever violates division (G) of section 3743.65 of the Revised Code is guilty of a misdemeanor of the first degree. Notwithstanding any other provision of law to the contrary, a person may be convicted at the same trial or proceeding of a violation of division (G) of section 3743.65 of the Revised Code and a violation of division (B) of section 2917.11 of the Revised Code that constitutes the basis of the charge of the violation of division (G) of section 3743.65 of the Revised Code.
(G) Whoever violates division (B) or (C) of section 3743.27 or division (K) or (L) of section 3743.60 or division (K) or (L) of section 3743.61 of the Revised Code is guilty of a misdemeanor of the second degree.
(H) Whoever violates division (H) of section 3743.65 of the Revised Code is guilty of a minor misdemeanor.
Last updated July 1, 2022 at 4:02 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.011 | Legislative Intent.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
It is the intent of the general assembly that the environmental protection agency shall:
(A) Promulgate and put into execution a long term comprehensive plan and program to conserve, protect, and enhance the air, water, and other natural resources of the state;
(B) Prevent and abate pollution of the environment for the protection and preservation of the health, safety, welfare, and property of the people of the state;
(C) Administer the air, water, and other natural resources of the state for the use and benefit of the people of the state;
(D) Promote the development of technology for environmental protection and management;
(E) Operate the state government in ways designed to minimize environmental damage, and assist and cooperate with governmental agencies to restore, protect, and enhance the quality of the environment;
(F) Provide for enforcement of the right of the people to environmental quality consistent with human health and welfare.
The director of environmental protection may designate one of his staff to serve directly under the director as an ombudsman and expeditor between the citizens and the environmental protection agency in all matters of the environment.
Last updated April 22, 2023 at 7:43 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.012 | Director to Collect Moneys and Keep Record; Reduction or Waiver of Fees.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The director of environmental protection shall collect all moneys for permits, licenses, plan approvals, variances, and certifications of any nature issued and administered by the environmental protection agency under Chapter 3704., 3714., 3734., 6109., or 6111. of the Revised Code. The director shall keep a record of all such moneys collected showing the amounts received, from whom, and for what purpose collected. All such moneys shall be credited to the general revenue fund, except for such moneys required to be credited to any other fund.
(B) The director may reduce or waive a fee incurred for either of the following:
(1) Submitting a late payment if the original amount has been paid in full;
(2) Responding to an emergency, including fees for the disposal of material and debris, if the governor declares a state of emergency.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.013 | Goods and Services Fund.

Effective:
July 1, 1989
Latest Legislation:
House Bill 111 - 118th General Assembly
Except for those moneys specifically required by law to be credited to another fund, all moneys received by the environmental protection agency from the sale of goods or services shall be credited to the sale of goods and services fund which is hereby created in the state treasury. Moneys credited to the fund shall include:
(A) Moneys received pursuant to service agreements between programs or activities of the environmental protection agency under which one program or activity within the agency provides goods or services to another program or activity within the agency and moneys received pursuant to service agreements between the environmental protection agency and other state agencies under which the environmental protection agency provides goods or services to other state agencies. The goods and services provided pursuant to any such service agreement shall be documented on an invoice prescribed by the director of environmental protection. The invoice shall include, without limitation, the number of hours worked by personnel of the environmental protection agency, and any supplies and necessary equipment used, to perform the work prescribed by the service agreement and the costs thereof. Payment of the amount set forth on the invoice shall be made to the program or activity of the environmental protection agency providing the goods or services under the service agreement within thirty days after delivery of the invoice for payment to the appropriate program or activity within the agency, or the other state agency, receiving the goods or services under the agreement. Moneys credited to the fund under this division shall be expended to defray the costs of the programs and activities of the environmental protection agency.
(B) Moneys received by the environmental protection agency from the salvaging of equipment of the agency through the state's investment recovery program under sections 125.12 to 125.15 of the Revised Code. Notwithstanding section 125.14 of the Revised Code, moneys credited to the investment recovery fund created in that section arising from the sale or other disposition of equipment of the environmental protection agency shall be transferred to the goods and services fund. Moneys credited to the goods and services fund under this division shall be used by the agency to purchase equipment for the agency or to reimburse the United States environmental protection agency for the portion of the salvage amount due it because federal moneys were used to make the original purchase of the equipment.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.014 | Central Support Indirect Fund.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
There is hereby created in the state treasury the central support indirect fund, which shall be administered by the director of environmental protection. Money credited to the fund shall be used for administrative costs of the environmental protection agency. The director may assess any operating funds from which the agency receives appropriations, except the central support indirect fund, for a share of the administrative costs of the agency. The amounts assessed shall be transferred to the central support indirect fund by means of intrastate transfer vouchers. The director shall determine the rate of assessments.
Last updated September 7, 2021 at 4:20 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.015 | Environmental Protection Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
There is hereby created in the state treasury the environmental protection fund consisting of money credited to the fund under division (A)(3) of section 3734.57 of the Revised Code. The environmental protection agency shall use money in the fund to pay the agency's costs associated with administering and enforcing, or otherwise conducting activities under, this chapter and Chapters 3704., 3734., 3746., 3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103., 6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. of the Revised Code, including providing compliance assistance to small businesses.
Last updated September 18, 2023 at 5:01 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.016 | Cleanup and Response Fund.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
There is hereby created in the state treasury the federally supported cleanup and response fund consisting of money credited to the fund from federal grants, gifts, and contributions. The environmental protection agency shall use money in the fund to support the investigation and remediation of contaminated property and implementation of the hazardous waste provisions of Chapter 3734. of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.018 | Administration of Financial, Technical, and Compliance Programs.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The director of environmental protection shall establish within environmental protection the agency a division to administer the agency's financial, technical, and compliance programs to assist communities, businesses, and other regulated entities. The division shall administer all of the following:
(A) State revolving wastewater and drinking water loan programs under sections 6109.22 and 6111.036 of the Revised Code;
(B) Agency grant programs, including recycling and litter prevention grant programs under section 3736.05 of the Revised Code;
(C) Programs for providing compliance and pollution prevention assistance to regulated entities under sections 3704.18 and 3745.017 of the Revised Code;
(D) Statewide source reduction, recycling, recycling market development, and litter prevention programs under section 3736.02 of the Revised Code.
Last updated March 23, 2022 at 3:07 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.019 | Public Notices; Delivery of Documents and Notices.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Notwithstanding any provision of the Revised Code or Administrative Code requiring the director of environmental protection to provide public notice by publication in one or more newspapers, including one or more newspapers of general circulation, the director may instead provide public notice by publication on the environmental protection agency's official web site.
(B) Notwithstanding any provision of the Revised Code or Administrative Code requiring the director of environmental protection to deliver a document or notice by certified mail, the director may instead deliver the document or notice by any method capable of documenting the intended recipient's receipt of the document or notice.
Last updated September 13, 2023 at 11:45 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.03 | Hearing Procedures.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The environmental review appeals commission shall adopt or amend, as appropriate, regulations governing procedure to be followed for hearings before it, including regulations governing all of the following:
(1) Expedited hearings;
(2) Expedited decisions;
(3) Stays.
(B) No regulation adopted by the commission shall be effective until the tenth day after it has been adopted by the filing of a certified copy thereof with the secretary of state who shall record them under the heading "regulations of the environmental review appeals commission." The regulations shall be numbered consecutively under the heading and shall bear the date of filing. The regulations shall be public records open to public inspection.
(C) No regulation filed in the office of the secretary of state pursuant to this section shall be amended except by a regulation which contains the entire regulation as amended and which repeals the regulation amended. Each regulation which amends a regulation shall bear the same consecutive regulation number as the number of the regulation which it amends, and it shall bear the date of filing.
(D) No regulation filed in the office of the secretary of state pursuant to this section shall be repealed except by a regulation. Each regulation which repeals a regulation shall bear the same consecutive regulation number as the number of the regulation which it repeals, and it shall bear the date of filing.
(E) The authority and the duty of the commission to adopt regulations under this section shall not be governed by or be subject to Chapter 119. of the Revised Code.
(F) The commission shall have available at all times copies of all regulations of the commission which it has filed in the office of the secretary of state pursuant to this section, and shall furnish them free of charge to any person requesting them.
(G) The commission shall maintain and keep available for public inspection, at its principal office, a current register of all appeals filed, hearings pending, its final action thereon, and the dates on which such filings, hearings, and final actions occur.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.09 | Action to Abate Pollution From Sources Outside the State.

Effective:
December 14, 1978
Latest Legislation:
Senate Bill 445 - 112th General Assembly
Upon investigation of any complaint filed under section 3704.06, 3734.10, 3745.08, or 6109.11 of the Revised Code, if the director of environmental protection finds that the violation is caused by or contributed to from air or water pollution sources outside Ohio, he shall immediately notify the responsible officials of the state in which the source lies, the United States environmental protection agency, and the attorney general of Ohio, in an effort to secure prompt compliance with all laws, regulations, and standards for the prevention, abatement, and control of air and water pollution and disposal of solid wastes.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.112 | Independent Evaluation of Title V Permit Program.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
During the month of August 1997, and biennially thereafter, the director of environmental protection shall enter into a contract for the performance of an independent evaluation of the Title V permit program to be conducted under the supervision of an independent certified public accountant. The evaluation shall review the finances, operations, revenues, costs, and expenditures of the Title V permit program under section 3704.036 of the Revised Code and the Title V clean air fund created in section 3704.035 of the Revised Code. The findings of each such evaluation shall be set forth in a written report that shall include, without limitation, all of the following:
(A) A review and analysis of all expenditures from the Title V clean air fund for the Title V permit program;
(B) A review and analysis of all costs incurred by the environmental protection agency designated by the director to be costs of the Title V permit program;
(C) A review and analysis of all expenditures from the Title V clean air fund for costs not designated by the director as costs of the Title V permit program;
(D) A review and analysis of the adequacy of the fees assessed under division (B) of section 3745.11 for meeting the costs of the Title V permit program during the period reviewed by the evaluation.
Upon completion of the written report of each evaluation required by this section, the director shall provide copies of the report to the governor and the general assembly and shall make copies of it available to the public.
The reasonable and necessary expenses for conducting an evaluation required under this section are hereby deemed to be reasonable costs to administer the Title V permit program and shall be paid from moneys credited to the Title V clean air fund arising from the fees assessed under division (B) of section 3745.11 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.113 | Application for Isolated Wetland Permit - Fees.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) A person that applies for a state isolated wetland permit under Chapter 6111. of the Revised Code and rules adopted under it shall pay an application fee of two hundred dollars at the time of application.
In addition, that person shall pay, at the time of application, a review fee of five hundred dollars per acre of the wetlands to be impacted.
However, the review fee shall not exceed five thousand dollars per application. In addition, if an application is denied, the director of environmental protection shall refund to the applicant one-half of the amount of the review fee paid by the applicant under division (A) of this section.
(B) If a person conducts any activities for which an individual state isolated wetland permit is required under Chapter 6111. of the Revised Code and rules adopted under it without first obtaining such a permit, the person shall pay twice the amount of the application and review fees that the person otherwise would have been required to pay under division (A) of this section, not to exceed ten thousand dollars.
(C) All moneys collected under this section shall be deposited in the state treasury to the credit of the surface water protection fund created in section 6111.038 of the Revised Code.
(D) Fees established under this section shall not apply to any agency or department of the state or to any county, township, or municipal corporation in this state.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.12 | Immediate Removal Fund.

Effective:
September 29, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
(A) There is hereby created in the state treasury the immediate removal fund, which shall be administered by the director of environmental protection. The fund may be used for both of the following purposes:
(1) To pay costs incurred by the environmental protection agency in investigating, mitigating, minimizing, removing, or abating any unauthorized spill, release, or discharge of material into or upon the environment that requires emergency action to protect the public health or safety or the environment;
(2) Conducting remedial actions under section 3752.13 of the Revised Code.
(B) Any person responsible for causing or allowing the unauthorized spill, release, or discharge is liable to the director for the costs incurred by the agency regardless of whether those costs were paid out of the fund created under division (A) of this section or any other fund of the agency. Upon the request of the director, the attorney general shall bring a civil action against the responsible person to recover those costs. Moneys recovered under this division shall be paid into the state treasury to the credit of the immediate removal fund, except that moneys recovered for costs paid from the hazardous waste clean-up fund created in section 3734.28 of the Revised Code shall be credited to the hazardous waste clean-up fund.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.31 | Statute of Limitations.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 294 - 129th General Assembly
(A) As used in this section, "environmental law" means sections 903.08, 903.17, and 3737.87 to 3737.882 and Chapters 3704., 3714., 3734., 3745., 3750., 3751., 3752., 3753., 6109., and 6111. of the Revised Code; any rule adopted under those sections or chapters or adopted for the purpose of implementing those sections or chapters; and any applicable provisions of Chapter 3767. of the Revised Code when an environmentally related nuisance action is brought.
(B)(1) Except as provided in division (B)(2) of this section, any action under any environmental law for civil or administrative penalties of any kind brought by any agency or department of the state or by any other governmental authority charged with enforcing environmental laws shall be commenced within five years of the time when the agency, department, or governmental authority actually knew or was informed of the occurrence, omission, or facts on which the cause of action is based.
(2) If an agency, department, or governmental authority actually knew or was informed of an occurrence, omission, or facts on which a cause of action is based prior to July 23, 2002, the cause of action for civil or administrative penalties of any kind for the alleged violation shall be commenced not later than five years after July 23, 2002.
(C) Division (B) of this section applies only if, during the time periods established in that division, proper service of process can be given in accordance with the Rules of Civil Procedure and jurisdiction of a court in this state can be obtained.
(D) The time periods established in division (B) of this section may be tolled by mutual agreement between the enforcing agency, department, or authority and the person who is subject to a civil or administrative penalty of any kind under an environmental law.
(E) When an action seeks injunctive relief or another remedy in addition to a remedy of civil or administrative penalties of any kind under an environmental law, division (B) of this section applies only to the remedy of civil or administrative penalties of any kind.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.45 | Volkswagen Clean Air Act Settlement Fund.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
There is hereby created in the state treasury the Volkswagen clean air act settlement fund consisting of money received by the state from the Volkswagen clean air act settlement. It is the intent of the general assembly to appropriate into the fund the money received by the state from that settlement.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.50 | Coordinator of Harmful Algae Management and Response.

Effective:
July 3, 2015
Latest Legislation:
Senate Bill 1 - 131st General Assembly
(A) The director of environmental protection shall serve as coordinator, or designate a coordinator, of harmful algae management and response. The director or the director's designee shall develop plans providing for coordination that may include, but are not limited to, the actions and items specified in divisions (B) and (C) of this section.
(B) The director or the director's designee shall consult with the directors of agriculture, health, and natural resources and representatives of local governments, publicly owned treatment works, and public water systems to implement actions that do both of the following:
(1) Protect against cyanobacteria in the western basin and public water supplies;
(2) Manage wastewater to limit nutrient loading into the western basin.
(C) The director or the director's designee shall develop and implement protocols and actions that may include, but are not limited to, the following:
(1) Analytical protocols for monitoring of cyanobacteria at water intake structures of public water systems, testing for cyanobacteria in Lake Erie, and establishing public health advisory levels and public notification protocols if trigger levels of cyanotoxins are detected;
(2) Provisions on training, testing, and treatment and other support regarding cyanobacteria identification, sampling, treatment techniques, algaecide application, public notification, and source water protection for employees of publicly owned treatment works and public water systems;
(3) Protocols requiring public water systems to notify the environmental protection agency if any of the following occurs:
(a) Cyanotoxins are detected in finished drinking water.
(b) Cyanobacteria are detected in their source water.
(c) Application of an algaecide is anticipated to the source water.
(D) As used in this section, "western basin" has the same meaning as in section 905.326 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.73 | Report on Operation and Impact of Sb 138.

Effective:
September 30, 1998
Latest Legislation:
Senate Bill 219 - 122nd General Assembly
Not later than March 31, 2002, the director of environmental protection, in consultation with the attorney general, appropriate federal, state, and local agencies, and appropriate statewide organizations, shall submit to the president of the senate and the speaker of the house of representatives a report on the operation and impacts of Substitute Senate Bill No. 138 of the 121st general assembly, including the impact on environmental compliance and protection. The attorney general and each state agency that has received a disclosure under section 3745.72 of the Revised Code shall cooperate with the director in preparing the report required by this section and shall submit information relevant to the report to the director not later than January 31, 2002.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3745 | Environmental Protection Agency › Section 3745.74 | Public Records - Employee Protection.

Effective:
September 30, 1998
Latest Legislation:
Senate Bill 219 - 122nd General Assembly
Nothing in sections 3745.70 to 3745.73 of the Revised Code shall be construed to limit or affect either of the following:
(A) The authority or obligation of any government agency pursuant to section 149.43 of the Revised Code;
(B) Any employee protection rights under federal or state laws.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.02 | Exemptions.

Effective:
September 15, 2020
Latest Legislation:
House Bill 168 - 133rd General Assembly
(A) Nothing in this chapter applies to any of the following:
(1) Property for which a voluntary action under this chapter is precluded by federal law or regulations adopted under federal law, including, without limitation, any of the following federal laws or regulations adopted thereunder:
(a) The "Federal Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;
(b) The "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended;
(c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended;
(d) The "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as amended;
(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended.
(2) Those portions of property where closure of a hazardous waste facility or solid waste facility is required under Chapter 3734. of the Revised Code or rules adopted under it;
(3) Except as provided in division (A)(3) of section 3737.88 of the Revised Code, properties that are subject to rules adopted by the fire marshal under Chapter 3737. of the Revised Code pertaining to corrective actions as defined in section 3737.87 of the Revised Code;
(4) Property that is subject to Chapter 1509. of the Revised Code;
(5) Any other property if the director of environmental protection has issued a letter notifying the owner or operator of the property that the director will issue an enforcement order under Chapter 3704., 3734., or 6111. of the Revised Code, a release or threatened release of a hazardous substance or petroleum from or at the property poses a substantial threat to public health or safety or the environment, and either of the following applies:
(a) The person subject to the letter does not present sufficient evidence to the director that the person has entered into the voluntary action program under this chapter and is proceeding expeditiously to address that threat.
(b) The person cannot demonstrate the person is a bona fide prospective purchaser under section 3746.122 of the Revised Code.
For the purposes of this division, the evidence constituting sufficient evidence of entry into the voluntary action program under this chapter shall be defined by the director by rules adopted under section 3746.04 of the Revised Code.
(B) The application of any provision of division (A) of this section to a portion of property does not preclude participation in the voluntary action program under this chapter in connection with other portions of the property where those provisions do not apply.
(C) As used in this section, "property" means any parcel of real property, or portion thereof, and any improvements thereto.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.041 | Applicability of r.c. Chapter 4796.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
The director of environmental protection shall issue an environmental professional certification provided for under division (B)(5) of section 3746.04 of the Revised Code in accordance with Chapter 4796. of the Revised Code if an applicant either holds a certification or license in another state, or the applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as an environmental professional in a state that does not issue that certification.
Last updated March 3, 2023 at 4:42 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3746 | Voluntary Action Program › Section 3746.05 | Institutional Controls Restricting Access to or Use of Property.

Effective:
September 15, 2020
Latest Legislation:
House Bill 168 - 133rd General Assembly
(A) A remedy or remedial activity conducted under this chapter may attain applicable standards otherwise established in this chapter and rules adopted under it through the use of institutional controls or activity and use limitations that restrict the use of a property or through the removal of, treatment of, transportation for treatment or disposal of, disposal of, or use of engineering controls that contain or control the release of hazardous substances or petroleum at or from a property. Any such institutional controls or activity and use limitations that restrict the use of a property shall ensure that the property is used only for purposes that comply with the applicable standards established in this chapter and rules adopted under it pertaining to the intended use of the property after the completion of the voluntary action, as the intended use is specified in the documents establishing the institutional controls or activity and use limitations.
(B)(1) If a property is subject to institutional controls or activity and use limitations and is put to a use that does not comply with the institutional controls or activity and use limitations specified in the documents establishing the institutional controls or activity and use limitations, the director of environmental protection may issue an order voiding the covenant not to sue issued under section 3746.12 of the Revised Code for the property in connection with the voluntary action for which the institutional controls or activity and use limitations were established.
(2) An order issued by the director under division (B)(1) of this section is a final action appealable under Chapter 3745. of the Revised Code.