Ohio Revised Code
Chapter 3734 | Solid and Hazardous Wastes
Section 3734.19 | Request to Survey the Locations or Facilities.

Effective: October 6, 2017
Latest Legislation: Senate Bill 2 - 132nd General Assembly
(A) If the legislative or executive authority of a municipal corporation, county, or township has evidence to indicate that locations within its boundaries once served as hazardous waste facilities or that significant quantities of hazardous waste were disposed of in solid waste or construction and demolition debris facilities within its boundaries, it may file a formal written request with the director of environmental protection, accompanied by supporting evidence, to survey the locations or facilities.
Upon receipt of a request and a review of the evidence submitted with the request, the director shall conduct an investigation to determine if hazardous waste was actually treated, stored, or disposed of at the locations or facilities and, if so, to determine the nature and approximate quantity and types of the waste treated, stored, or disposed of at the particular locations or facilities. In addition, the director shall determine whether the locations or facilities, because of their present condition and the nature and quantities of waste treated, stored, or disposed of therein, result or are likely to result in air pollution, pollution of the waters of the state, or soil contamination or constitute a present or imminent and substantial threat to public health or safety. The director shall report the findings of the investigation to the municipal corporation, county, or township requesting the survey.
For the purpose of conducting investigations under this section, the director or the director's authorized representative may enter upon any public or private property. The director or the director's authorized representative may apply for, and any judge of a court of common pleas shall issue, an appropriate search warrant necessary to achieve the purposes of this section within the court's territorial jurisdiction. When conducting investigations under this section, the director shall cause no unnecessary damage to any property. The director may expend moneys from the hazardous waste facility management fund created in section 3734.18 of the Revised Code, the hazardous waste clean-up fund created in section 3734.28 of the Revised Code, or the environmental protection remediation fund created in section 3734.281 of the Revised Code for conducting investigations.
(B) As used in this section and in sections 3734.20, 3734.21, 3734.23, 3734.25, and 3734.26 of the Revised Code, "soil contamination" means the presence in or on the soil of any o f the following:
(1) Hazardous waste or hazardous waste residue resulting from the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing into or on the soil of hazardous waste or hazardous waste residue, or any material that when discharged, deposited, injected, dumped, spilled, leaked, emitted, or placed into or on the soil becomes a hazardous waste, in any quantity or having any characteristics that are or threaten to be injurious to public health or safety, plant or animal life, or the environment or that unreasonably interfere with the comfortable enjoyment of life or property ;
(2) Solid waste or construction and demolition debris or any constituents from disposed solid waste o r construction and demolition debris that pose a substantial threat to public health, safety, or the environment.

Structure Ohio Revised Code

Ohio Revised Code

Title 37 | Health-Safety-Morals

Chapter 3734 | Solid and Hazardous Wastes

Section 3734.01 | Solid and Hazardous Waste Definitions.

Section 3734.02 | Rules for Inspection and Licensing of Solid Waste Facilities.

Section 3734.021 | Standards for Generators and Transporters of Infectious Wastes and Owners and Operators of Treatment Facilities.

Section 3734.023 | Off-Site Infectious Waste Treatment Facility Definitions.

Section 3734.024 | Funding for Municipal Corporation or Township for Conducting Environmental Monitoring Programs in Connection With Off-Site Infectious Waste Treatment Facilities.

Section 3734.025 | Return and Remittance of Fees by Owner or Operator.

Section 3734.026 | Procedures for Remitting Fees.

Section 3734.027 | Low-Level Radioactive Waste - Prohibited Activities.

Section 3734.028 | Standards of Quality for Compost Products.

Section 3734.029 | Application to Compost Products Produced by Facility Composting Dead Animals.

Section 3734.03 | Open Burning or Open Dumping.

Section 3734.04 | Inspection - Enforcement.

Section 3734.041 | Explosive Gas Monitoring Plan for Landfill.

Section 3734.042 | Complaint of Presence of Vectors at Scrap Tire Collection, Storage, Monocell, Monofill, or Recovery Facility.

Section 3734.05 | Licensing Requirements.

Section 3734.058 | Limiting Regulations by Local Authorities.

Section 3734.06 | Annual Fee for Solid Waste Facility License - Special Fund - Special Infectious Waste Fund.

Section 3734.061 | Waste Management Fund.

Section 3734.07 | Facilities to Be Inspected - Certification - Right of Entry.

Section 3734.08 | Annual Survey.

Section 3734.09 | Suspension, Revocation, Denial of License.

Section 3734.10 | Injunction.

Section 3734.101 | Civil Action.

Section 3734.11 | Prohibited Acts.

Section 3734.12 | Director of Environmental Protection - Powers and Duties.

Section 3734.121 | List of Hazardous Wastes Generated Within State.

Section 3734.122 | Storage and Disposal of Polychlorinated Biphenyls, Substances, Equipment, and Devices Containing or Contaminated With Polychlorinated Biphenyls.

Section 3734.123 | Assessment of Commercial Hazardous Waste Incinerator Capacity in State.

Section 3734.124 | Restrictions on Incinerators.

Section 3734.125 | Rules Governing Beneficial Use of Material From a Horizontal Well.

Section 3734.13 | Enforcement and Emergency Orders.

Section 3734.14 | Exchange, Use, and Recovery of Resources From Hazardous Waste.

Section 3734.141 | Disposing of Acute Hazardous Waste.

Section 3734.15 | Registration and Liability of Transporters and Acceptors of Hazardous Waste.

Section 3734.16 | Generator's Liability for Intentional Violation.

Section 3734.17 | Prohibiting Accepting Waste After Violation by Generator.

Section 3734.18 | Fees - Hazardous Waste Facility Management Fund.

Section 3734.19 | Request to Survey the Locations or Facilities.

Section 3734.20 | Investigations.

Section 3734.21 | Paying Costs of Closing, Constructing or Restoring Facilities.

Section 3734.22 | Agreement With Owner Prior to Cleanup.

Section 3734.23 | Acquiring Facility Constituting Imminent and Substantial Threat - Restoration Contracts.

Section 3734.24 | Transferring or Selling Cleaned Up Facility.

Section 3734.25 | Paying Portion of Costs of Closing Facility or Abating Pollution.

Section 3734.26 | Grants to and Contracts With Owner of Facility.

Section 3734.27 | Application and Survey to Precede Grant.

Section 3734.28 | Hazardous Waste Clean-Up Fund.

Section 3734.281 | Environmental Protection Remediation Fund.

Section 3734.282 | Natural Resource Damages Fund.

Section 3734.29 | Claim for Personal Injuries or Real Property Damage Resulting From Violation.

Section 3734.30 | State's Liability for Injury or Damage.

Section 3734.31 | Inspecting and Monitoring Facilities.

Section 3734.35 | Affected Community May Request Compensation Agreement.

Section 3734.40 | Policy as to Off-Site Treatment, Storage and Disposal of Wastes.

Section 3734.41 | Qualifications of Licensees and Related Persons Definitions.

Section 3734.42 | Disclosure Statement.

Section 3734.43 | Investigative Demand by Attorney General.

Section 3734.44 | Issuance or Renewal of Permit or License.

Section 3734.45 | Causes for Revocation.

Section 3734.46 | Effect of Disqualification.

Section 3734.47 | Investigations and Review of Applications for Permits and Licenses.

Section 3734.49 | Materials Management Advisory Council.

Section 3734.50 | State Solid Waste Management Plan.

Section 3734.501 | Annual Review of Solid Waste Management in State.

Section 3734.52 | Establishing County or Joint Solid Waste Management Districts.

Section 3734.521 | Change in District Composition.

Section 3734.53 | Contents of County or Joint Solid Waste Management District Plan.

Section 3734.531 | Effect of Failure of District to Add Members to Policy Committee or Board of Trustees.

Section 3734.54 | Preparing and Submitting Solid Waste Management Plan.

Section 3734.55 | Preliminary Review of Draft Plan.

Section 3734.551 | Reimbursement of Director for Expenses of Preparing and Ordering Implementation of Plan or Amended Plan.

Section 3734.56 | Submission of Amended Plan and Certification.

Section 3734.57 | Fees for Waste Disposal.

Section 3734.571 | Disposal Fees Where District Has No Facilities.

Section 3734.572 | Disposal Fee to Defray Costs of Initial Plan of District Without Disposal Facility.

Section 3734.573 | Fee for Generation of Solid Wastes Within District.

Section 3734.574 | Generation and Disposal Fees.

Section 3734.575 | Report of Fees and Accounts.

Section 3734.576 | Exemption of Automotive Shredder Residue From Generation Fee.

Section 3734.577 | Exemption From Fees Prohibited.

Section 3734.578 | Fees Inapplicable to Solid Waste Used as Alternative Daily Cover.

Section 3734.60 | Plastic Containers Labeled With Code for Basic Material Used in Bottle or Container.

Section 3734.61 | Mercury Devices Definitions.

Section 3734.62 | Purchase of Mercury-Added Measuring Device for Classroom Use.

Section 3734.63 | Sale of Mercury-Containing Thermometer for Promotional Purposes.

Section 3734.64 | Sale of Mercury-Added Novelty for Promotional Purposes.

Section 3734.65 | Sale or Installation of Mercury-Containing Thermostat.

Section 3734.70 | Scrap Tire Collection Facilities Rules.

Section 3734.71 | Scrap Tire Storage Facilities Rules.

Section 3734.72 | Scrap Tire Monocell and Monofill Facilities Rules.

Section 3734.73 | Scrap Tire Recovery Facilities Rules.

Section 3734.74 | Scrap Tire Transportation Rules.

Section 3734.75 | Submitting to Written Notice - Collection Facility.

Section 3734.76 | Submitting to Written Notice - Storage Facility.

Section 3734.77 | Notice of Operation by Owner or Operator of a Scrap Tire Monocell or Monofill Facility.

Section 3734.78 | Submitting to Written Notice - Restoration Facility.

Section 3734.79 | Permit Application Fees.

Section 3734.80 | Municipal Corporation, County, or Township Regulations.

Section 3734.81 | Obtaining License From Board of Health or Director of Environmental Protection Agency.

Section 3734.82 | Annual Fee for Scrap Tire Recovery Facility License - Scrap Tire Management Fund.

Section 3734.822 | Scrap Tire Grant Fund.

Section 3734.83 | Registration of Transporters.

Section 3734.84 | Notification Requirements for Persons Who Beneficially Use Scrap Tires.

Section 3734.85 | Enforcement and Removal.

Section 3734.86 | Disposal of Off-Road Construction and Mining Equipment Tires.

Section 3734.87 | Report and Recommendations of Director of Environmental Protection.

Section 3734.90 | Tire Sales Fee Definitions.

Section 3734.901 | Tire Fee Administrative Fund.

Section 3734.902 | Tax Commissioner Administration and Enforcement.

Section 3734.903 | Liability of Wholesale Distributor and Retail Dealer.

Section 3734.904 | Filing Returns.

Section 3734.905 | Refund of Fee.

Section 3734.906 | Records.

Section 3734.907 | Personal Liability.

Section 3734.908 | Dissolution, Termination, or Bankruptcy Does Not Discharge Personal Liability.

Section 3734.909 | Limitation on Assessment.

Section 3734.9010 | Tire Fee Administrative Fund.

Section 3734.9011 | Registration of Wholesale Distributors, Retail Dealers.

Section 3734.9012 | Wholesale Distributor to Provide Statement to Customers.

Section 3734.9013 | Prohibited Acts.

Section 3734.9014 | Maintaining List of Registered Distributors.

Section 3734.91 | Definitions - Lead Acid Batteries.

Section 3734.911 | Prohibiting Commingling of Used Lead-Acid Batteries.

Section 3734.912 | Duties of Retailer.

Section 3734.913 | Duties of Wholesaler.

Section 3734.914 | Required Signage.

Section 3734.915 | No Signage for Lead-Acid Battery Cases.

Section 3734.99 | Penalty.