reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3717 - Ohio Uniform Food Safety Code › Chapter 3717-1 - State of Ohio Uniform Food Safety Code › Section 3717-1-07.2 - Poisonous or toxic materials: storage and display - separation

Current through all regulations passed and filed through July 1, 2024
Poisonous or toxic materials 
								are to be
				stored and displayed for retail sale so they cannot contaminate food, equipment,
				utensils, linens, single-service articles, or single-use articles by:
(A) Separating the poisonous or toxic
			 materials by spacing or partitioning; and
(B) Locating the poisonous or toxic materials
			 in an area that is not above food, equipment, utensils, linens, single-service
			 articles, or single-use articles.
Ohio Administrative Code › Title 3717 - Ohio Uniform Food Safety Code › Chapter 3717-1 - State of Ohio Uniform Food Safety Code › Section 3717-1-08 - Special requirements: fresh juice production

Current through all regulations passed and filed through July 1, 2024
[Comment: For publication dates of the C.F.R. referenced in
				this rule, see paragraph (B) (15)(b) of rule
				3717-1-01
				of the Administrative Code.]
(A) Fresh
			 juice or any beverage containing fresh juice packaged in a food service
			 operation or retail food establishment
			 shall:
(1) Be labeled as specified under
			 paragraph (C) of rule 3717-1-03.5 of the Administrative Code; and
(2) Bear the following warning statement as
			 specified in
			 21
			 C.F.R. 101.17(g):
(a)
										Warning: This
			 product has not been pasteurized and, therefore, may contain harmful bacteria
			 that can cause serious illness in children, the elderly, and persons with
			 weakened immune systems.
(b)
										The word "WARNING" shall be capitalized and shall
			 appear in bold type.
Ohio Administrative Code › Title 3717 - Ohio Uniform Food Safety Code › Chapter 3717-1 - State of Ohio Uniform Food Safety Code › Section 3717-1-08.1 - Special requirements: heat treatment dispensing freezers

Current through all regulations passed and filed through July 1, 2024
(A) As used in this
			 rule, "heat treatment dispensing freezer" means a self-contained dispensing
			 freezer with a product reservoir that processes previously pasteurized
			 products, freezes the products, dispenses frozen dairy products, and maintains
			 microbiological quality by elevating the temperature of the product using
			 heating methods that are an integral part of the dispensing freezer.
(B) To be used in a food service operation or
			 retail food establishment, a heat treatment dispensing freezer
			 
								is to
			 meet the following requirements:
(1) The heat
			 treatment dispensing freezer 
									is to be approved by an equipment testing agency
			 as specified in paragraph (KK)(1) of rule
			 3717-1-04.1 of the
			 Administrative Code;
(2) The heat
			 treatment dispensing freezer 
									is to complete a heat treatment cycle at least
			 once every twenty-four hours. "Heat treatment cycle" means a cycle in which the
			 heat treatment dispensing freezer elevates the product temperature during the
			 heating phase to at least one hundred fifty degrees Fahrenheit (65.5 degrees
			 Celsius) within no more than ninety minutes, maintains the product at that
			 temperature during the holding phase for at least thirty minutes, then cools it
			 during the cooling phase to a temperature of forty-one degrees Fahrenheit (five
			 degrees Celsius) or below within no more than two hours;
(3) The heat treatment dispensing freezer
			 
									is to
			 be equipped with a monitoring device which indicates all of the following:
(a) The length of time since the last heat
			 treatment cycle;
(b) The length of
			 time that the most recent heat treatment cycle was one hundred fifty degrees
			 Fahrenheit (65.5 degrees Celsius) or above; and
(c) The length of time of the heating phase,
			 the holding phase, and the cooling phase.
(4) The heat treatment dispensing freezer
			 
									is to
			 have a clearly visible temperature indicating device, accurate to plus or minus
			 two degrees Fahrenheit (plus or minus one degree Celsius), showing the product
			 temperature in the hopper;
(5) The
			 heat treatment dispensing freezer 
									is to be equipped with an internal lockout device
			 that cannot be reset without complete disassembly of the machine. The internal
			 lockout device 
									is to mechanically shut down the heat treatment
			 dispensing freezer so that the unit is unable to dispense frozen product if any
			 one of the following occurs:
(a) The heat
			 treatment cycle is not properly completed;
(b) The heat treatment cycle has not been
			 completed at least one time in the preceding twenty-four hours; or
(c) The heat treatment dispensing freezer has
			 not been disassembled for cleaning and sanitizing within the preceding fourteen
			 days.
Ohio Administrative Code › Title 3717 - Ohio Uniform Food Safety Code › Chapter 3717-1 - State of Ohio Uniform Food Safety Code › Section 3717-1-08.2 - Special requirements: custom processing

Current through all regulations passed and filed through July 1, 2024
(A) Custom processing of game animals,
			 migratory waterfowl or game birds in a food service operation or retail food
			 establishment shall be done only at the end of the work shift or day
			 to prevent any cross contamination of product for sale or service.
(B) Prior to entry into the food service
			 operation or retail food establishment:
(1)
			 All animal carcasses shall be skinned, beheaded, eviscerated and free of hair;
			 and
(2) All bird carcasses shall be
			 eviscerated and free of feathers.
Ohio Administrative Code › Title 3717 - Ohio Uniform Food Safety Code › Chapter 3717-1 - State of Ohio Uniform Food Safety Code › Section 3717-1-08.3 - Special requirements: bulk water machine criteria

Current through all regulations passed and filed through July 1, 2024
[Comment: For publication dates of the
				C.F.R.
				referenced in this rule, see paragraph (B)(15)(b) of rule
				3717-1-01
				of the Administrative Code.]
(A)
			 Water dispensed from a bulk water machine shall meet the quality standards
			 specified in 21 C.F.R.165, Subpart B.
(B) Bulk water machines shall be connected to
			 an approved water supply.
(C) Bulk
			 water machines shall be in compliance with the construction and performance
			 standards set forth in paragraph (KK) of rule 3717-1-04.1 of the Administrative
			 Code and shall be maintained to those standards.
(D) All water processed through a bulk water
			 machine shall be disinfected as the last treatment step prior to being
			 dispensed.
(E) Bulk water machines
			 shall be equipped with monitoring devices designed to shut down operation of
			 the machine when the disinfection unit fails to function.
(F) Bulk water machines shall be maintained
			 in a clean and sanitary condition.
(G) Bulk water machines shall be located in
			 an area that can be maintained in a clean condition and in a manner that avoids
			 insect and rodent harborage.
(H)
			 The water dispensed from bulk water machines shall be sampled at least
			 semi-annually for coliform bacteria. Sample results shall be retained at the
			 food service operation or retail food establishment for review by the licensor.
Effective:
				1/1/2013
R.C. 119.032 review dates:
				05/25/2012 and
				12/01/2017
Promulgated
				Under: 119.03
Statutory Authority: 3717.04, 3717.05
Rule
				Amplifies: 3717.04, 3717.05
Prior Effective Dates: 3/1/2001, 3/1/09
Ohio Administrative Code › Title 3717 - Ohio Uniform Food Safety Code › Chapter 3717-1 - State of Ohio Uniform Food Safety Code › Section 3717-1-08.4 - Special requirements: acidified white rice preparation criteria

Current through all regulations passed and filed through July 1, 2024
A retail food establishment or food service operation that
				acidifies white rice for the purpose of rendering it a non-time/temperature
				controlled for safety food shall meet the applicable requirements of this
				chapter and shall have a HACCP plan that includes:
(A) A description of the products
			 produced;
(B) A recipe for the
			 production of the acidified rice that specifies:
(1) The water to rice ratio prior to cooking,
			 and the cooking schedule;
(2) The
			 vinegar solution recipe including salts and sugars;
(3) The cooked rice to vinegar solution ratio
			 that is to be thoroughly mixed to acidify the rice;
(4) The cooked and acidified rice
			 shall
			 have a targeted pH of 4.1,
									not to exceed a pH of 4.3; and
(5) The vinegar solution
			 shall be
			 added to the rice within thirty minutes of cooking.
Ohio Administrative Code › Title 3717 - Ohio Uniform Food Safety Code › Chapter 3717-1 - State of Ohio Uniform Food Safety Code › Section 3717-1-08.5 - Dogs in outdoor dining areas of food service operations and retail food establishments

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this
			 rule, "outdoor dining area" means an area adjacent to a food service operation
			 or retail food establishment that is located outdoors and is designated for
			 service and/or consumption of food, including an "outdoor patio" as defined in
			 section 3794.01 of the Revised
			 Code.
(B)
								A food service operation or retail food establishment
			 may allow dogs in an outdoor dining area of the food service operation or
			 retail food establishment. If the dog is a service animal as defined in
			 paragraph (B) of rule
			 3717-1-01
			 of the Administrative Code, no food service operation or retail food
			 establishment shall refuse to allow the dog in the outdoor dining area unless
			 such refusal is authorized under federal and state laws governing service
			 animals.
(C)
								A food service operation or retail food establishment
			 that allows dogs in an outdoor dining area shall:
(1)
									 Conspicuously
			 post signs near all entrances to the food service operation or retail food
			 establishment and all entrances to the outdoor dining area that contain at
			 least the following:
(a)
										Notification that the food service operation or retail
			 food establishment allows dogs in outdoor dining areas; and
(b)
										Notification that
			 dogs shall access the outdoor dining area only through an outdoor
			 entrance.
Ohio Administrative Code › Title 3717 - Ohio Uniform Food Safety Code › Chapter 3717-1 - State of Ohio Uniform Food Safety Code › Section 3717-1-09 - Criteria for reviewing facility layout and equipment specifications

Current through all regulations passed and filed through July 1, 2024
(A) The facility
			 layout and equipment specifications submitted for the approval of the licensor
			 shall clearly confirm that the applicable provisions of Chapter 3717-1 of the
			 Administrative Code can be met. The facility layout and specifications shall be
			 legible, be drawn reasonably to scale, and shall include:
(1) The type of food
			 service operation or retail food
			 establishment proposed and foods to be prepared and served;
(2) The total square footage to be used for
			 the food service operation or retail food establishment;
(3) A site plan that includes:
(a) Location of business in a building such
			 as a shopping mall or stadium;
(b)
			 Location of building on site, including alleys, streets, and location of any
			 outside support infrastructure such as dumpsters, potable water source, sewage
			 treatment system; and
(c) Interior
			 and exterior seating areas.
(4) Entrances and exits;
(5) Location, number and types of plumbing
			 fixtures, including all water supply facilities;
(6) Plan of lighting;
(7) A floor plan showing
			 all
			 fixtures and equipment;
(8)
			 Building materials and surface finishes to be used; and
(9) An equipment list with equipment
			 manufacturers and model numbers.
Ohio Administrative Code › Title 3717 - Ohio Uniform Food Safety Code › Chapter 3717-1 - State of Ohio Uniform Food Safety Code › Section 3717-1-20 - Existing facilities and equipment

Current through all regulations passed and filed through July 1, 2024
Existing facilities and equipment in a
				food service operation or retail food establishment shall be replaced with
				equipment and facilities meeting the requirements of this chapter when any of
				the following occur:
(A)
								They no longer comply with the following:
(1)
									Are in good
			 repair and can be maintained in a sanitary condition;
(2)
									Have food contact
			 surfaces that comply with the requirements of this chapter;
(3)
									Have cooling,
			 heating, and holding capacities that comply with the requirements of this
			 chapter; or
(4)
									Criteria upon which they were originally
			 approved.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-01 - Notice of administrative rules hearing

Current through all regulations passed and filed through July 1, 2024
(A) Public notice of the intention of the
			 petroleum underground storage tank release compensation board to consider
			 adopting, amending, or rescinding a rule in
			 accordance with divisions (A) to (E) of section  119.03  of the Revised Code shall
			 be published in the register of Ohio (
www.registerofohio.state.oh.us
)
			 pursuant to division (A) of section  119.03  of the Revised Code.
(B) The public notice shall specify the date,
			 time, and place of the hearing and shall include:
(1) A statement of the intention to consider
			 adopting, amending, or rescinding a rule and the
			 purpose or reason therefore;
(2) A
			 synopsis of the proposed rule, amendment, or
			 rescission or a general statement as to the subject to which it
			 relates.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-02 - Public meetings

Current through all regulations passed and filed through July 1, 2024
(A)
			 Meetings of the petroleum underground storage tank release compensation board, in
			 addition to the meetings required by section  3737.90  of the Revised Code, may be
			 held at the call of the chairman or vice-chairman or upon a majority vote of a
			 quorum of the members present at a meeting.
(B) Any person desiring to determine the time,
			 place or purpose of any meeting of the board, may do so by accessing the board's
			 
								website at
www.petroboard.org
or contacting the
			 chairman or vice-chairman of the board or personnel employed by the
			 board.
(C) Any person may provide an
			 email address and be placed on an email list for advance notification
			 of all meetings of the board or meetings at which any specific type of public
			 business is to be discussed. The requestor may request notification be provided
			 by fax or first-class mail. Any person requesting notification by first-class
			 mail shall provide a postage-prepaid self-addressed envelope and pay the cost of
			 copying.
(D) Public notice specifying
			 the date, time and place of all meetings of the board shall be posted on the
			 board's 
								website at
www.petroboard.org
and at its
			 office.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-04.1 - Coverage reinstatement

Current through all regulations passed and filed through July 1, 2024
(A) Where the board has not issued a valid
			 certificate of coverage to a responsible person for a given underground storage
			 tank, for the prior two or more consecutive fiscal years, the responsible
			 person shall:
(1) Comply with the
			 requirements of rule 3737-1-04 of  the Administrative Code; and
(2)
			 Certify that, prior to payment, no release has been suspected or
			 confirmed from the underground storage tank system for which coverage is
			 being sought, or any known release is in compliance with the requirements of
			 rule 1301:7-9-13 of  the Administrative Code.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-06 - The deductible and the reduced deductible

Current through all regulations passed and filed through July 1, 2024
(A) The deductible is fifty-five thousand
			 dollars, which deductible may thereafter the be modified by the board pursuant
			 to rule 3737-1-15 of  the Administrative Code.
(B)
			 Any responsible person owning, or owning or operating, a total of six or fewer
			 tanks may purchase the reduced deductible of eleven thousand dollars, which
			 reduced deductible may thereafter be modified by the board pursuant to rule 3737-1-15 of  the Administrative Code, for all tanks owned by the person eligible to elect the reduced deductible. The additional fee due for the reduced deductible shall be two hundred dollars per tank.
(C) If a responsible person discovers one or
			 more underground storage tanks, which were previously unknown to the
			 responsible person and which have not been registered with the fire marshal
			 pursuant to rule 1301:7-9-04 of  the Administrative Code, on his property, the discovered underground storage tank(s) shall not affect the responsible person's qualification for the reduced
			 deductible for any fiscal year prior to and including the fiscal year of
			 discovery. If the responsible person is required to demonstrate financial
			 responsibility for the discovered underground storage tank(s), the discovered
			 tank(s) shall be used to determine the responsible person's qualification for
			 the reduced deductible in succeeding fiscal years.
R.C.
				119.032 review dates:
				07/31/2014 and
				07/31/2019
Promulgated
				Under:
				119.03
Statutory Authority:
				3737.90
Rule Amplifies:
				3737.91
Prior Effective Dates: 08/01/1990, 04/25/1991, 05/04/1992,
				04/26/1993, 07/01/1994, 04/01/2006,
				11/30/2009
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-08 - Disbursement of the financial assurance fund

Current through all regulations passed and filed through July 1, 2024
(A) Once eligibility of the fund has been
			 determined in accordance with rule 3737-1-07 or  3737-1-19 of  the Administrative Code and the director of the fund has determined that an application for reimbursement is complete, obligations of the fund will not occur unless and until the deductible or the reduced deductible, as applicable, set forth in rule 3737-1-06 of  the Administrative Code has been met. Costs determined to be nonreimbursable pursuant to paragraph (A) of rule 3737-1-09 of  the Administrative Code shall not be applied toward the responsible person's deductible or reduced
			 deductible. Reimbursable costs covered by insurance policies or recoverable from
			 any other party shall be applied toward the responsible person's deductible or
			 reduced deductible.
(B) Obligations
			 of the fund for eligible claims will be made on a first-come, first-served basis
			 as determined by receipt of a completed application in accordance with rule 3737-1-12 of  the Administrative Code, except when:
(1) The fire marshal requests approval of an
			 accelerated review on the basis of the threat posed to human health or the
			 environment by the release to which the claim applies;
(2) An accelerated review is granted under
			 paragraph (D) of this rule; or
(3)
			 The director determines that efficiency and cost savings will be better served by
			 a non first-come, first-served review.
Notwithstanding any of the above provisions, the director may
				prioritize claims for releases that have received no further action
				status.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-09.1 - Inclusions of fund coverage

Current through all regulations passed and filed through July 1, 2024
(A) The
			 following costs shall be specifically reimbursable:
(1) Except where prohibited by paragraph
			 (A)(17) of rule 3737-1-09 of  the Administrative Code, markup on reimbursable subcontractor charges, including but not limited to the
			 following, but only to the extent that the total amount of all markups is
			 not greater than ten 
									per cent of the reimbursable costs:
(a)
										Drilling
			 services;
(b)
										Soil excavation services;
(c)
										Utility locating
			 services; and
(d)
										Vacuum truck services.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-10 - Financial audits

Current through all regulations passed and filed through July 1, 2024
(A) The director or the director's designee
			 may perform financial audits as necessary to ensure compliance with this
			 chapter, to certify corrective action costs and to assess whether costs are
			 reimbursable from the fund. Prior to any financial audit, the director shall
			 give the responsible person written notice of the proposed audit. The
			 responsible person shall make available to the director, or the director's
			 designee, all records and documents which the director or the director's
			 designee deems necessary to the completion of the audit.
(B) The director shall upon completion of the
			 audit prepare a written report of the findings. A copy of this report shall be
			 sent to the responsible person and to the fire marshal. The responsible person
			 may file written objections to the director's report within thirty days after
			 the mailing of the director's report. The board, upon receipt of the
			 objections, shall appoint a referee to conduct an adjudication hearing in
			 accordance with section
			  119.09  of
			 the Revised Code. Thereafter the board shall make a decision to approve,
			 disapprove, or modify the referee's findings and recommendations.
(C) Nothing within this rule shall be deemed
			 to grant standing to a non-responsible person to bring a claim against the
			 financial assurance fund.
R.C.
				119.032 review dates:
				07/31/2014 and
				07/31/2019
Promulgated
				Under:
				119.03
Statutory Authority:
				3737.90
Rule Amplifies:
				3737.92
Prior Effective Dates: 08/01/1990, 11/24/1996,
				11/30/2009
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-11 - Technical audits

Current through all regulations passed and filed through July 1, 2024
(A) The director or the director's designee
			 may conduct technical audits during reviews of applications for reimbursement
			 to determine if the work performed was substantially in excess of that
			 necessary to meet the requirements of the fire marshal, to ensure compliance
			 with applicable rules and to verify site corrective actions. Prior to any
			 technical audit, the director shall give the responsible person written notice
			 of the proposed audit. The responsible person shall make available to the
			 director or the director's designee all records and documents which the
			 director or the director's designee deems necessary to the completion of the
			 audit.
(B) The director shall upon
			 completion of the audit prepare a written report of the findings. A copy of
			 this report shall be sent to the responsible person and to the fire marshal.
			 The responsible person may file written objections to the director's report
			 within thirty days after the mailing of the director's report. The board, upon
			 receipt of the objections, shall appoint a referee to conduct an adjudication
			 hearing in accordance with section
			  119.09  of
			 the Revised Code. Thereafter the board shall make a decision to approve,
			 disapprove, or modify the referee's findings and recommendations.
(C) Nothing within this rule shall be deemed
			 to grant standing to a non-responsible person to bring a claim against the
			 financial assurance fund.
R.C.
				119.032 review dates:
				07/31/2014 and
				07/31/2019
Promulgated
				Under:
				119.03
Statutory Authority:
				3737.90
Rule Amplifies:
				3737.92
Prior Effective Dates: 08/01/1990, 11/24/1996, 09/18/1999,
				11/30/2009
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-12 - Application for reimbursement

Current through all regulations passed and filed through July 1, 2024
(A)
			 Responsible persons shall file an application on a form
			 prescribed by the director for reimbursement for costs actually incurred in
			 conducting corrective action within one year from the completion date of the
			 program task, as described below. If the responsible person fails to make a
			 timely application for reimbursement under this rule, the costs associated with
			 the task shall be denied.
(B) For
			 purposes of submitting an application for reimbursement for corrective actions
			 performed under rule 1301:7-9-13 of  the Administrative Code in effect prior to March 31, 1999, the following are completion dates from which the one-year filing periods begin to run for related program tasks:
(1) The immediate corrective action program
			 task completion date shall be the date the release is required to be reported to
			 the fire marshal. The immediate corrective action program task is comprised of
			 those actions set forth in paragraphs (F) and (H) of rule 1301:7-9-13 of  the Administrative Code;
(2) The free
			 product removal program task completion date shall be the date the last free
			 product removal report is required to be submitted to the fire marshal or, if no
			 free product removal reports are required, the completion date shall be the date
			 the release was required to be reported to the fire marshal. The free product
			 removal program task is comprised of those actions set forth in paragraph (G) of
			 rule 1301:7-9-13 of  the Administrative Code;
(3) The site assessment program task completion
			 date shall be the date the fire marshal determines site assessment to be
			 complete. The site assessment program task is comprised of those actions set
			 forth in paragraph (I) of rule 1301:7-9-13 of  the Administrative Code;
(4) The remedial action plan program task
			 completion date shall be the date the fire marshal approves the plan. The
			 remedial action plan program task is comprised of those actions set forth in
			 paragraph (J) and paragraph (K) of rule 1301:7-9-13 of  the Administrative Code;
			 and
(5) The completion date for the
			 remedial action plan implementation program task and the on-going system
			 operation and maintenance program task shall be the date the fire marshal issues
			 a no further action determination. The remedial action plan implementation
			 program task and the on-going system operation and maintenance program task are
			 comprised of those actions set forth in paragraph (L) and paragraph (M) of rule 1301:7-9-13 of  the Administrative Code.
(6) For any costs not associated with
			 
									a program task described in this
			 paragraph, the associated completion date shall be the earliest of:
(a) A completion date specified by the fire
			 marshal;
(b) The date the fire
			 marshal issues a no further action determination; or
(c) The date the work was
			 completed.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-13 - Reimbursement application review

Current through all regulations passed and filed through July 1, 2024
(A) The director or the director's designee
			 shall review the application for reimbursement and notify the responsible
			 person of any apparent errors or omissions in the application for reimbursement
			 and request any additional information or documentation which is required to
			 complete the application.
(B)
			 Additional information may be requested if information contained in and
			 submitted with the application for reimbursement is inconsistent with:
(1) Appropriate corrective actions for the
			 release; or
(2) Approved reports
			 and plans for the release, or where applicable, an order issued by the fire
			 marshal with regard to the release; or
(3) Costs for corrective action which are
			 usual, customary and reasonable for similar corrective action activities and
			 under similar circumstances, as determined from the fund's experience.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-15 - Modifying the deductible or the reduced deductible

Current through all regulations passed and filed through July 1, 2024
(A) As a last alternative to maintain solvency
			 of the fund and as a method of 
								ensuring that funding levels are maintained on the
			 basis of known and estimated obligations of the fund, the board may modify the
			 deductible or the reduced deductible. The basis for the modification of the
			 deductible or the reduced deductible will include but not be limited to the
			 amount needed to meet the financial soundness objectives set forth in division
			 (C) of section  3737.91  of the Revised Code.
(B) The board shall notify each responsible
			 person by certified mail of the change in the deductible or the reduced
			 deductible no later than the first day of May preceding the first day of the
			 fiscal year in which the deductible amount will apply. If the certified mail is
			 returned unclaimed, it shall be served upon the responsible person in accordance
			 with section  119.07  of the Revised Code.
(C) The applicable deductible for any claim is
			 the deductible in effect at the time of the release incident for which
			 application for reimbursement is being made.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-16 - Third-party claims

Current through all regulations passed and filed through July 1, 2024
(A) Reimbursement
			 or payment from the fund for compensation paid or to be paid for third-party
			 claims shall be limited to the reasonable costs of bodily injury or property
			 damage, if any, if the responsible person was in compliance with rule 3737-1-19 of  the Administrative Code at the time the judgment or settlement was entered and the responsible person has been determined eligible for reimbursement for the third-party claim.
(B) Upon notifying
			 the board of a third-party claim pursuant to rule 3737-1-19 of  the Administrative Code, the responsible person shall keep the board informed of the status of the third-party claim including but not limited to any pending negotiations, litigation, mediations, settlements, or judgments.
(C) Where there has been a judgment or
			 settlement of a 
								third- party lawsuit, the director shall determine and
			 reimburse only those portions, if any, of the judgment or settlement which apply
			 to bodily injury or property damage as defined in paragraphs (A)(3) and (A)(22)
			 of rule 3737-1-03 of  the Administrative Code. The board shall have no obligation to pay for the reasonable costs of bodily injury or property damage that are not documented in a third-party claim.
(D) The total amount reimbursed, including
			 payment to a third party under this rule, shall not exceed the maximum
			 disbursement set forth in division (D)(3) of section  3737.91  of the Revised
			 Code.
(E) Reimbursement or payment
			 from the fund under this rule shall not include payment or reimbursement for
			 bodily injury or property damage covered by insurance
			 policies, or that has been or will be paid 
								by
			 any party under rule 3737-1-22 of  the Administrative Code.
(F) Determination of third-party eligibility
			 for the responsible person does not constitute an obligation for reimbursement
			 from the fund.
(G) Nothing in this
			 rule precludes the board from participating or intervening in any pending
			 negotiations, litigation, mediations, or settlement discussions or entering into
			 a settlement with either the responsible person or the third party.
(H) Nothing in this rule shall be construed
			 that the board is acting as a representative of the responsible person.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-17 - Petroleum underground storage tank linked deposit program

Current through all regulations passed and filed through July 1, 2024
(A) In order to participate in the petroleum
			 underground storage tank linked deposit program an applicant must:
(1) Be headquartered in the state of
			 Ohio;
(2) Own six or
			 
									fewer
			 tanks exclusively in Ohio;
(3) Be
			 organized for profit;
(4) Have a
			 total annual revenue of not more than two million dollars and fewer than fifty
			 employees;
(5) Apply to an eligible
			 lending institution; and
(6)
			 Certify that the reduced rate loan will be used exclusively for the replacement
			 or upgrading of one or more petroleum underground storage tanks or tank systems
			 in compliance with division (A) of section
			  3737.88 
			 of the Revised Code.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-18 - Certificate of coverage

Current through all regulations passed and filed through July 1, 2024
(A) The
			 board shall issue a certificate of coverage to any responsible person who has met
			 the criteria of division (D) of section  3737.91  of the Revised Code and rule 3737-1-04 of  the Administrative Code.
(B) One master certificate of coverage will be
			 issued for each 
								responsible person making payment to the fund and a
			 facility certificate of coverage will be issued for each assured facility
			 site.
(C) The certificate of coverage
			 shall contain the following information:
(1)
			 The amount of coverage to which the responsible person is entitled from the
			 fund;
(2) The time period for which
			 the certificate provides coverage; and
(3) The number of tanks which are included in
			 the coverage.
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-20 - Fees for materials and services

Current through all regulations passed and filed through July 1, 2024
Reasonable fees
				
								may be
				charged to persons requesting materials or services from the board.
Effective:
				1/1/2015
Five Year
				Review (FYR) Dates: 07/31/2014 and
				07/31/2019
Promulgated
				Under:
				119.03
Statutory Authority:
				3737.90
Rule Amplifies:
				3737.90
Prior Effective Dates: 05/04/1992,
				11/30/2009
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-21 - Obligated account

Current through all regulations passed and filed through July 1, 2024
Prior to the beginning of each fiscal year, the director shall
				propose that monies be obligated for reimbursement of corrective action costs.
				The proposed amount to be obligated shall be only that which is reasonably
				estimated by the director to be paid out for such costs in the upcoming fiscal
				year. Prior to the start of the upcoming fiscal year, the board shall consider
				the proposal and approve the amount of monies, representing estimated upcoming
				fiscal year claim reimbursements, to be transferred, during the first quarter
				of the upcoming fiscal year, to a special account named obligated account and
				be expressly used for reimbursements of corrective action costs.
Monies not placed in the obligated account,
				 the debt service account or accounts,
				the debt service reserve account or
				accounts,  in certificates of deposit
				purchased for linked deposits, or in the unclaimed
				monies trust account shall remain in the unobligated balance. At the end
				of the fiscal year in which monies have been obligated, any excess monies in
				the obligated account shall remain in that account to reduce the transfer of
				monies into the obligated account for reimbursements of corrective action costs
				in the succeeding fiscal year.
If, during the fiscal year, the monies set aside in the
				obligated account are anticipated to be insufficient to cover reimbursements of
				corrective action costs for the remainder of the current fiscal year, the
				director may draw monies from the unobligated balance to obligate additional
				monies as necessary for reimbursements of corrective action costs, subject to
				board approval.
Effective:
				1/1/2015
Five Year
				Review (FYR) Dates: 07/31/2014 and
				07/31/2019
Promulgated
				Under:
				119.03
Statutory Authority:
				3737.90
Rule Amplifies:
				3737.91,
				3737.92
Prior Effective Dates: 04/01/1997, 09/18/1999, 04/01/2007,
				11/30/2009
Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-22 - Subrogation

Current through all regulations passed and filed through July 1, 2024
(A)
								 The responsible person shall not in any manner do any
			 act that will impair the board's subrogation rights. The responsible person
			 shall:
(1)
									
			 Notify the board in writing within thirty days of any action by another party
			 causing and/or contributing to an accidental release of petroleum from an
			 assured underground storage tank system or other sources;
(2)
									 Notify the board
			 of the identity of all other parties against whom the responsible person has or
			 may have a right of recovery;
(3)
									 Notify the other
			 party(s) of the board's right to subrogation under division (I) of section
			  3737.92  of the
			 Revised Code and that the board may assert its right by written correspondence
			 with the responsible person, the other party(s) or their legal representatives,
			 or may settle or institute and pursue legal proceedings against the other
			 party(s) independently or in conjunction with the responsible
			 person;
(4)
									 Notify the other party(s) that no settlement,
			 compromise, judgment, award, or other recovery in any action or claim by the
			 responsible person shall be binding on the board;
(5)
									 Notify the other
			 party(s) that any settlement, compromise, judgment, award, or other recovery in
			 favor of the responsible person shall not preclude the board from enforcing its
			 subrogation rights against the other party(s); and
(6)
									 Notify the other
			 party(s) that no attorney fees, court costs or other litigation costs shall be
			 assessed against the board for enforcing its subrogation
			 rights.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-01 - Purpose and applicability

Current through all regulations passed and filed
			 through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-1-03 of the Administrative
				Code.]
(A) The purpose of these water
			 quality standards, in this chapter, is to establish minimum water quality
			 requirements for all surface waters of the state, thereby protecting public
			 health and welfare; and to enhance, improve and maintain water quality as
			 provided under the laws of the state of Ohio, section
			 6111.041 of the Revised Code,
			 the federal Clean Water Act, and rules adopted thereunder.
(B) Whenever two or more use designations
			 apply to the same surface water, the more stringent criteria of each use
			 designation applies.
(C) These
			 water quality standards apply to all surface waters of the state except as
			 provided in paragraph (D), (E), or (F) of this rule. Compliance schedules may
			 be granted pursuant to rule
			 3745-33-05 of the Administrative
			 Code.
(D) These water quality
			 standards do not apply to water bodies when the flow is less than the critical
			 low-flow values determined in rule
			 3745-2-05 of the Administrative
			 Code.
(E) General exceptions. The
			 following exceptions apply only to the specific water quality criteria involved
			 in each case for a reasonable period of time as determined by the director:
(1) Pesticide chemicals applied for control
			 of aquatic plants or animals in the intended application area, if the following
			 conditions are met:
(a) The pesticide is
			 applied in accordance with label instructions.
(b) The pesticide is applied consistent with
			 a national pollutant discharge elimination system (NPDES) permit, if an NPDES
			 permit for the activity is in force.
(c) If an NPDES permit for the activity is
			 not in force, notice must be given to the director if the proposed application
			 is for any of the following:
(i) Algae,
			 weed, or nuisance animal control in public water
			 supply reservoirs.
(ii) Nuisance
			 fish control.
(iii) Algae, weed, or nuisance animal control in waters classified in
			 rule 3745-1-05 of the Administrative
			 Code as outstanding national resource waters, outstanding state waters, or superior high quality waters other than lake
			 Erie.
(iv) Algae or weed control in
			 lake Erie done by aircraft.
(v)
			 Forest pest control.
The director, upon receiving such notice, may order that the
				chemicals not be applied if the director concludes that the proposed
				application would pose an unreasonable danger to human or aquatic life.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-03 - Analytical methods and availability of documents

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Analytical methods.
(1) All methods of
			 analysis used in applying any of the chemical-specific and bacteriological
			 criteria in this chapter shall be in accordance with those prescribed in 40
			 C.F.R. 136, except for chlorophyll a and pheophytin
			 a, which shall be in accordance with EPA method 445.0, and free cyanide, which
			 shall be in accordance with ASTM D7237-10, as cited in paragraph (B) of this
			 rule.
(2) All methods of
			 sample collection and preservation used in applying any of the
			 chemical-specific and bacteriological criteria in this chapter shall be in
			 accordance with "Surface
			 Water Field Sampling Manual for water quality parameters and flows" as
			 cited in paragraph (B) of this rule.
(3) Methods for conducting whole-effluent
			 toxicity tests shall be in accordance with those prescribed in 40 C.F.R.
			 136,
									 as
			 cited in paragraph (B) of this rule.
(4) Mixing zones for thermal discharges will
			 be determined in accordance with "Guidelines for the Submittal of
			 Demonstrations Pursuant to Sections 316(a) and 316(b) of the Clean Water Act
			 and Chapter 3745-1 of the Administrative Code," as cited in paragraph (B) of
			 this rule.
(5) Methods, data
			 collection and data analysis requirements for applying the biological criteria
			 in rule
			 3745-1-07
			 of the Administrative Code shall be in accordance with "Biological Criteria for
			 the Protection of Aquatic Life" as cited in paragraph (B) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-03 - Analytical methods and availability of documents

All regulations passed and filed through January 1,
			 2024
(A) Analytical
			 methods.
(1) All methods of analysis used in
			 applying any of the chemical-specific and bacteriological criteria in this
			 chapter shall be in accordance with those prescribed in 40 C.F.R. 136
			 and 405-471, except for chlorophyll a and
			 pheophytin a, which shall be in accordance with EPA method 445.0 as cited in paragraph (B) of this rule.
(2) All methods of sample collection and
			 preservation used in applying any of the chemical-specific and bacteriological
			 criteria in this chapter shall be in accordance with "Surface Water Field
			 Sampling Manual for water quality parameters and flows" as cited in paragraph
			 (B) of this rule.
(3) Methods for
			 conducting whole-effluent toxicity tests shall be in accordance with those
			 prescribed in 40 C.F.R. 136, as cited in paragraph (B) of this rule.
(4) Mixing zones for thermal discharges will
			 be determined in accordance with "Guidelines for the Submittal of
			 Demonstrations Pursuant to Sections 316(a) and 316(b) of the Clean Water Act
			 and Chapter 3745-1 of the Administrative Code," as cited in paragraph (B) of
			 this rule.
(5) Methods, data
			 collection, and data analysis requirements for
			 applying the biological criteria in rule
			 3745-1-07 of the Administrative
			 Code shall be in accordance with "Biological Criteria for the Protection of
			 Aquatic Life" as cited in paragraph (B) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-04 - Criteria applicable to all waters

Current through all regulations passed and filed
			 through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-1-03 of the Administrative
				Code.]
The following general water quality criteria
				 apply to all surface waters of the
				state including mixing zones. To every extent practical and possible as
				determined by the director, these waters shall be as follows:
(A) Free from suspended solids or other
			 substances that enter the waters as a result of human activity and that will
			 settle to form putrescent or otherwise objectionable sludge deposits, or that
			 will adversely affect aquatic life.
(B) Free from floating debris, oil, scum and
			 other floating materials entering the waters as a result of human activity in
			 amounts sufficient to be unsightly or cause degradation.
(C) Free from materials entering the waters
			 as a result of human activity producing color, odor or other conditions in such
			 a degree as to create a nuisance.
(D) Free from substances entering the waters
			 as a result of human activity in concentrations that are toxic or harmful to
			 human, animal or aquatic life or are rapidly lethal in the mixing
			 zone.
(E) Free from nutrients
			 entering the waters as a result of human activity in concentrations that create
			 nuisance growths of aquatic weeds and algae.
(F) Free from public health nuisances
			 associated with raw or poorly treated sewage reaching surface waters of the
			 state. A public heath nuisance 
								exists when the conditions set
			 forth in paragraph (F)(1) of this rule are demonstrated.
(1) An inspection conducted by, or under the
			 supervision of, Ohio EPA or a sanitarian registered under Chapter 4736. of the
			 Revised Code documents both of the following:
(a) Odor, color or other visual
			 manifestations of raw or poorly treated sewage.
(b) Water samples exceed one thousand thirty
			 E. coli counts per one hundred milliliters in two or more samples when five or
			 fewer samples are collected, or in more than twenty per cent of the samples
			 when more than five samples are taken.