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Ohio Statutes, Title 37

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Title 37, Title 37. Health-Safety-Morals

67 chapters · 2,076 sections in this title.

All chapters in Title 372,076 Ch 3701, Chapter 3701 | Department of Health215 Ch 3734, Chapter 3734 | Solid and Hazardous W…131 Ch 3715, Chapter 3715 | Pure Food and Drug Law85 Ch 3702, Chapter 3702 | Health Care Facilitie…83 Ch 3737, Chapter 3737 | Fire Marshal; Fire Safety75 Ch 3707, Chapter 3707 | Board of Health69 Ch 3721, Chapter 3721 | Nursing Homes; Reside…67 Ch 3727, Chapter 3727 | Hospitals60 Ch 3781, Chapter 3781 | Building Standards - …59 Ch 3709, Chapter 3709 | Health Districts58 Ch 3743, Chapter 3743 | Fireworks54 Ch 3719, Chapter 3719 | Controlled Substances51 Ch 3705, Chapter 3705 | Vital Statistics49 Ch 3772, Chapter 3772 | Casino Gaming47

35 sections·Filtered byTitle 37✕Ch 3746✕

Ohio Rev. Code Ann. § 3746.01 Voluntary action program definitions
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As used in this chapter: (A) "Accredited laboratory" means a laboratory that is accredited as follows: (1) For analysis of asbestos, valid accreditation by one of the following: (a) The American industrial hygiene association, asbestos analysts registry; (b) The national institut…
Ohio Rev. Code Ann. § 3746.02 Exemptions
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(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 …
Ohio Rev. Code Ann. § 3746.04 Adoption and implementation of rules for voluntary action program
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The director of environmental protection, in accordance with Chapter 119. of the Revised Code, shall adopt, and subsequently may amend, suspend, or rescind, rules that do both of the following: (A) Revise the rules adopted under Chapters 3704., 3714., 3734., 6109., and 6111. of t…
Ohio Rev. Code Ann. § 3746.041 Applicability of R.C. Chapter 4796
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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 …

Ohio Rev. Code Ann. § 3746.05 Institutional controls restricting access to or use of property

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(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…

Ohio Rev. Code Ann. § 3746.06 Contamination level below background level of hazardous substance or petroleum - ground water standards

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(A) If applicable standards otherwise established in this chapter and rules adopted under it establish a contamination level for a hazardous substance or petroleum that is below the background level of the hazardous substance or petroleum, the voluntary action conducted at a prop…

Ohio Rev. Code Ann. § 3746.07 [Former R.C. 3746.071, amended and renumbered by H.B. 110, 134th General Assembly, effective 9/30/2021] Duties of certified professionals

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(A) A certified professional shall do all of the following: (1) Protect the safety, health, and welfare of the public in the performance of professional duties. If a circumstance arises where the certified professional faces a situation where the safety, health, or welfare of the…

Ohio Rev. Code Ann. § 3746.09 Variances

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(A) A person who proposes to enter into or who is participating in the voluntary action program under this chapter and rules adopted under it, in accordance with this section and rules adopted under division (B)(10) of section 3746.04 of the Revised Code, may apply to the directo…

Ohio Rev. Code Ann. § 3746.10 Identification and addressing sources of contamination

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(A) Except as otherwise provided in section 3746.02 of the Revised Code, any person may undertake a voluntary action under this chapter and rules adopted under it to identify and address potential sources of contamination by hazardous substances or petroleum of soil, sediments, s…

Ohio Rev. Code Ann. § 3746.11 No further action letter duties for certified professional

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(A) After receiving the demonstrations and operation and maintenance plan, if any, required to be submitted to a certified professional under division (C) of section 3746.10 of the Revised Code, the certified professional shall review them to verify whether the property where the…

Ohio Rev. Code Ann. § 3746.12 Issuing or denying covenant not to sue

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Except as provided in division (C) of this section, the director of environmental protection shall issue to a person on behalf of whom a certified professional has submitted to the director an original no further action letter and accompanying verification under division (A) of s…

Ohio Rev. Code Ann. § 3746.121 Verifying eligible costs for tax credit purposes

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Upon receiving a request submitted under section 122.16 of the Revised Code for verification of eligible costs associated with a voluntary action incurred by the applicant for the agreement under that section, a certified professional shall submit to the director of development v…

Ohio Rev. Code Ann. § 3746.122 Affirmative defense to action for release of hazardous substances from facility

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(A) As used in this section : (1) "Bona fide prospective purchaser" has the same meaning as in 42 U.S.C. 9601, including the requirement that a person acquired ownership of a facility after January 11, 2002. (2) "Facility" has the same meaning as in 42 U.S.C. 9601. (B) In a civil…

Ohio Rev. Code Ann. § 3746.13 Issuing of covenant not to sue

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(A) For property that does not involve the issuance of a consolidated standards permit under section 3746.15 of the Revised Code and where no remedial activities for which there is a required operation and maintenance agreement or an environmental covenant under this chapter or s…

Ohio Rev. Code Ann. § 3746.14 Filing papers with county recorder

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(A) Except as otherwise provided in division (B) of this section, the person to whom a covenant not to sue for a property has been issued under section 3746.12 of the Revised Code shall file for recording in the office of the county recorder of the county in which the property is…

Ohio Rev. Code Ann. § 3746.15 Consolidated standards permit

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(A) A person participating in the voluntary action program under this chapter and rules adopted under it who otherwise would be required to obtain any permits, licenses, plan approvals, or other approvals from the environmental protection agency in connection with the voluntary a…

Ohio Rev. Code Ann. § 3746.16 Voluntary action program administration fund

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Moneys collected by the director of environmental protection under this chapter and rules adopted under it shall be forwarded to the treasurer of state who shall deposit them to the credit of the voluntary action program administration fund, which is hereby created in the state t…

Ohio Rev. Code Ann. § 3746.17 Audits

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(A) The director of environmental protection shall conduct audits in connection with no further action letters issued under section 3746.11 of the Revised Code for all of the following purposes: (1) Determining whether after completion of the voluntary actions under this chapter …

Ohio Rev. Code Ann. § 3746.171 Maintaining record of properties with institutional controls

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The director of environmental protection shall maintain a record of the properties for which covenants not to sue were issued under section 3746.12 of the Revised Code that involve institutional controls or activity and use limitations that restrict the use of the properties in o…

Ohio Rev. Code Ann. § 3746.18 Request for supporting documents and data

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(A) The director of environmental protection may request a certified professional or certified laboratory or accredited laboratory to provide the director documents and data for the purposes of verifying the qualifications of the professional or laboratory or auditing the perform…

Ohio Rev. Code Ann. § 3746.19 Notice of noncompliance by certified professional or laboratory

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(A) If the director of environmental protection finds that the performance of a certified professional or certified laboratory has resulted in the issuance of no further action letters under section 3746.11 of the Revised Code that are not consistent with applicable standards, th…

Ohio Rev. Code Ann. § 3746.20 Documents submitted by affidavit

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(A) All of the following shall be submitted by affidavit: (1) Any information, data, documents, or reports submitted by any of the following to another person for the purposes of a voluntary action conducted under this chapter and rules adopted under it: (a) The person undertakin…

Ohio Rev. Code Ann. § 3746.21 Right of entry

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(A) In addition to the authority established in sections 3746.18, 3746.19, and 3746.20 of the Revised Code, the director of environmental protection or the director's authorized representative, upon proper identification and upon stating the necessity and purpose of an inspection…

Ohio Rev. Code Ann. § 3746.22 Prosecutions

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(A) The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation of section 3746.14, 3746.15, 3746.18, or 3746.20 of the Revised Code has occurred or is occurring, upon the written request of the director of environmental…

Ohio Rev. Code Ann. § 3746.23 Civil action for recovering costs of conducting voluntary action

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(A) As used in this section, "costs of conducting the voluntary action" means the costs incurred for performing a voluntary action that are cost effective and reasonably necessary to protect public health and safety and the environment, including, without limitation, the costs fo…

Ohio Rev. Code Ann. § 3746.24 Tort actions - immunity

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(A) As used in this section:(1) "Harm" means injury, death, or loss to person or property caused by exposure to a hazardous substance or petroleum.(2) "Public utility" includes, without limitation, a person engaged in the storage and transportation of natural gas.(3) "Tort action…

Ohio Rev. Code Ann. § 3746.25 State, officers or employees - immunity

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(A) As used in this section:(1) "Harm" means injury, death, or loss to person or property.(2) "Tort action" means a civil action for damages for harm and includes a civil action under section 3746.23 of the Revised Code for recovery of the costs of conducting a voluntary action, …

Ohio Rev. Code Ann. § 3746.26 Exempting persons holding indicia of ownership in property primarily to protect security interest

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(A)(1) Any person who, without participating in the management of a property, holds indicia of ownership in a property primarily to protect a security interest in the property is not liable for:(a) The costs of conducting a voluntary action in a civil action brought under section…

Ohio Rev. Code Ann. § 3746.27 Exempting fiduciary or trustee

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(A) A fiduciary or trustee who acquires ownership or control of property without having owned, operated, or participated in the management of the property prior to acquiring ownership or control of it is not liable for the costs of conducting a voluntary action in a civil action …

Ohio Rev. Code Ann. § 3746.28 Evidence of entry into or participation in program

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(A) Entering into and participating in the voluntary action program under this chapter and rules adopted under it does not constitute an admission of criminal liability under the laws of this state or rules adopted under them or the ordinances, resolutions, and rules of a politic…

Ohio Rev. Code Ann. § 3746.29 Authority of director

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(A) Nothing in this chapter limits the authority of the director of environmental protection to act under sections 3734.13 and 3734.20 to 3734.23 of the Revised Code.(B) Nothing in this chapter limits the authority of the director to request that a civil action be brought pursuan…

Ohio Rev. Code Ann. § 3746.30 No effect on obligations, rights and liabilities arising under other state and federal laws

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(A) Nothing in this chapter shall be construed as abrogating any obligation or right established in federal law.(B) Nothing in this chapter shall be construed as releasing a person to whom the director of environmental protection has issued any final findings and orders under Cha…

Ohio Rev. Code Ann. § 3746.31 Copies of materials provided upon request

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Upon the written request of any person for information, documents, reports, or data described on a list submitted to the director of environmental protection pursuant to rules adopted under division (B)(6)(e) of section 3746.04 of the Revised Code, as applicable, the director, wi…

Ohio Rev. Code Ann. § 3746.35 Annual reports

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(A) Not later than the first day of September of each year, the director of environmental protection shall prepare and submit to the chairpersons of the respective standing committees of the senate and house of representatives primarily responsible for considering environmental a…

Ohio Rev. Code Ann. § 3746.99 Penalty

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(A) Whoever recklessly violates section 3746.15 of the Revised Code in a manner that otherwise would constitute a violation of Chapter 3734. of the Revised Code or rules adopted under it, or knowingly violates that section in a manner that otherwise would constitute a violation o…