About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

133rd General Assembly, Regular Session, pt. 3 1 (2019-2020)

handle is hein.ssl/ssoh0303 and id is 1 raw text is: (133rd General Assembly) (Amended House Bill Number 168) AN ACT To amend sections 3746.02 and 3746.05 and to enact section 3746.122 of the Revised Code to establish an affirmative defense to a release or threatened release of hazardous substances from a facility for certain bona fide prospective purchasers. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 3746.02 and 3746.05 be amended and section 3746.122 of the Revised Code be enacted to read as follows: Sec. 3746.02. (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 thereunder: (a) The Federal Water Pollution Control Act Amendments of 1972. 86 Stat. 886, 33 U.S.C.A. 1251, as amended; (b) The Resource Conservation and Recovery Act of 1976, 90 Stat. 2806, 42 U.S.C.A. 6921, as amended; (c) The Toxic Substances Control Act, 90 Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended; (d) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94 Stat. 2779, 42 U.S.C.A. 9601, as amended; (e) The Safe Drinking Water Act, 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended. (2) Those portions of property where closure of a hazardous waste facility or solid waste facility is required under Chapter 3734. of the Revised Code or rules adopted under it; (3) Except as provided in division (A)(3) of section 3737.88 of the Revised Code, properties that are subject to rules adopted by the fire marshal under Chapter 3737. of the Revised Code pertaining to corrective actions as defined in section 3737.87 of the Revised Code; (4) Property that is subject to Chapter 1509. of the Revised Code; (5) Any other property if the director of environmental protection has issued a letter notifying the owner or operator of the property that the director will issue an enforcement order under Chapter 3704., 3734., or 6111. of the Revised Code, a release or threatened release of a hazardous substance or petroleum from or at the property poses a substantial threat to public health or safety or the environment, and the-either of the following applies: (a) The person subject to the letter does not present sufficient evidence to the director that the person has entered into the voluntary action program under this chapter and is proceeding expeditiously to address that threat (b) The person cannot demonstrate the person is a bona fide prospective purchaser under

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most