Effective: July 1, 2005
Latest Legislation: House Bill 66 - 126th General Assembly
(A) Whoever recklessly violates division (A), (B), (C), (D), (E), (F), (G), or (I) of section 3704.05 or division (B)(5) of section 3704.16 of the Revised Code shall be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both, for each violation. Each day the violation continues after a conviction for a violation is a separate offense.
(B) Whoever knowingly violates division (H), (J), or (K) of section 3704.05 of the Revised Code shall be fined not more than ten thousand dollars for each day of each such violation.
(C) Whoever violates section 3704.15 of the Revised Code is guilty of a misdemeanor of the first degree.
(D) Whoever violates division (B)(2) or knowingly violates division (C)(1) of section 3704.16 of the Revised Code is guilty of a minor misdemeanor.
(E) Whoever violates division (B)(1) or (3) or knowingly violates division (C)(2) or (3) of section 3704.16 of the Revised Code shall be fined not less than five hundred nor more than twenty-five hundred dollars for each day of each violation.
(F) Whoever recklessly violates division (B)(4) of section 3704.16 of the Revised Code shall be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both, for each violation. Each day the violation continues after a conviction for a violation is a separate offense.
(G) The sentencing court, in addition to the penalty provided in divisions (D), (E), and (F) of this section, shall order the offender to restore within thirty days any emission control system that was tampered with in connection with the violation or to provide proof that the motor vehicle whose emission control system was tampered with has been dismantled or destroyed. The court may extend that deadline for good cause shown. If the offender does not take the corrective action ordered under this division, each day that the violation continues is a separate offense. Violation of a court order entered under this division is punishable as contempt under Chapter 2705. of the Revised Code.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3704 | Air Pollution Control
Section 3704.01 | Air Pollution Control Definitions.
Section 3704.011 | Emission Limit Exemptions.
Section 3704.02 | Purposes of Chapter - Construction of Provisions.
Section 3704.03 | Director of Environmental Protection - Powers and Duties.
Section 3704.031 | Director May Require Applicant to Install Equipment and Conduct Tests.
Section 3704.032 | Emergency Action Plan - Declaration of Emergency - Emergency Orders.
Section 3704.033 | Director to Establish Consultation Process - Measures for Notifying Public.
Section 3704.035 | Title V Clean Air Fund; Non-Title V Clean Air Fund.
Section 3704.036 | Title V Permit Program.
Section 3704.037 | Tiered Permitting System for Air Contaminant Sources - Petition for Exemption.
Section 3704.038 | Information to Be Provided to Public - Training Course.
Section 3704.039 | Annual Report.
Section 3704.04 | Adoption of Rules.
Section 3704.05 | Prohibited Acts.
Section 3704.06 | Prosecution by Attorney General - Injunction - Civil Penalties.
Section 3704.08 | Information to Be Available for Public Inspection - Exceptions.
Section 3704.09 | Evidence - Presumptions.
Section 3704.11 | Authority of Political Subdivision Not Limited - Exceptions.
Section 3704.112 | Local Air Pollution Control Authority - Powers and Duties.
Section 3704.12 | Prohibition Concerning Motor Vehicle Fuel Containing Mtbe.
Section 3704.13 | Clean Air Act - Powers of Governor.
Section 3704.14 | Enhanced Motor Vehicle Inspection and Maintenance Program.
Section 3704.141 | Emission Standards for Buses.
Section 3704.15 | Prohibiting Sale of Fluorocarbon Aerosol Products.
Section 3704.16 | Prohibiting Tampering With Motor Vehicle Emission Control Systems.
Section 3704.161 | Enforcement.