Effective: October 6, 2017
Latest Legislation: Senate Bill 2 - 132nd General Assembly
(A)(1) If the director of environmental protection has reason to believe that hazardous waste was treated, stored, or disposed of at any facility or property located within the state or that solid waste or construction and demolition debris was disposed of at any facility or property in the state, the director may conduct such investigations and make such inquiries as are reasonable or necessary to determine if conditions at the facility or property:
(a) Constitute a substantial threat to public health or safety; or
(b) Are causing or contributing to or threatening to cause or contribute to air or water pollution or soil contamination.
The director may obtain samples and examine and copy records for purposes of an investigation.
(2) 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.
(3) The director may expend money 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 at any facility or property where the director has reason to believe that hazardous waste was treated, stored, or disposed of. The director may expend money from the environmental protection remediation fund established in section 3734.281 of the Revised Code for conducting investigations at any facility or property where the director has reason to believe that solid waste or construction and demolition debris was disposed of.
(B) If the director determines that conditions at a hazardous waste facility, solid waste facility, or other facility or property where hazardous waste was treated, stored, or disposed of constitute a substantial threat to public health or safety or are causing or contributing to or threatening to cause or contribute to air or water pollution or soil contamination, the director shall initiate appropriate action under this chapter or Chapter 3704. or 6111. of the Revised Code or seek any other appropriate legal or equitable remedies to abate the pollution or contamination or to protect public health or safety.
If the director determines that conditions at a facility or property where solid waste or construction and demolition debris was disposed of constitute a substantial threat to public health or safety, the director shall initiate appropriate action under this chapter or Chapter 3714. of the Revised Code or seek any other appropriate legal or equitable remedies to abate the pollution or contamination or to protect public health or safety.
If an order of the director to abate or prevent air or water pollution or soil contamination or to remedy a threat to public health or safety caused by conditions at such a facility or property issued pursuant to this chapter or Chapter 3704., 3714., or 6111. of the Revised Code is not wholly complied with within the time prescribed in the order, the director may, through officers or employees of the environmental protection agency or through contractors employed for that purpose, enter upon the facility or property and perform measures to abate or prevent air or water pollution or soil contamination from the facility or property or to protect public health or safety, including, but not limited to, measures prescribed in division (B) of section 3734.23 of the Revised Code.
The director shall keep an itemized record of the cost of the investigation and measures performed, including costs for labor, materials, and any contract services required. Upon completion of the investigation or measures, the director shall record the cost of performing the investigation and measures at the office of the county recorder of the county in which the facility or property is located. The cost so recorded attaches to the real property and constitutes a perfected lien against the property.
A lien imposed under this section shall continue until it is discharged or upon a filing by the director of a release of the lien in the office of the county recorder of the county in which the facility or property subject to the lien is located.
Upon written request of the director, the attorney general shall institute a civil action to recover the cost of the investigation or other measures, as applicable. Any money so received shall be credited to the hazardous waste facility management fund, the hazardous waste clean-up fund, or the environmental protection remediation fund, as applicable.
When entering upon a facility or property under this division, the director shall perform or cause to be performed only those measures necessary or appropriate to abate or prevent air or water pollution or soil contamination caused by conditions at the facility or property or to abate threats to public health or safety caused by conditions at the facility or property. For this purpose the director may expend money from the hazardous waste facility management fund, the hazardous waste clean-up fund, or the environmental protection remediation fund and may expend money from loans from the Ohio water development authority to the environmental protection agency that pledge money from the hazardous waste facility management fund, the hazardous waste clean-up fund, or the environmental protection remediation fund for the repayment of and for the interest on such loans.
Structure 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 3734.023 | Off-Site Infectious Waste Treatment Facility Definitions.
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 3734.05 | Licensing Requirements.
Section 3734.058 | Limiting Regulations by Local Authorities.
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 3734.101 | 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 3734.123 | 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 3734.24 | 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 3734.54 | Preparing and Submitting Solid Waste Management Plan.
Section 3734.55 | Preliminary Review of Draft 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 3734.573 | 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 3734.61 | 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 3734.78 | Submitting to Written Notice - Restoration Facility.
Section 3734.79 | Permit Application Fees.
Section 3734.80 | Municipal Corporation, County, or Township Regulations.
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 3734.907 | 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.