Sec. 3745.31. (A) As used in this section, "environmental | 7 |
law" means sections 903.08, 903.17, and 3737.87 to 3737.882 and | 8 |
Chapters 3704., 3734.,
3745., 3750., 3751., 3752., 3753., 6109., | 9 |
and 6111.
of the
Revised Code; any rule adopted under those | 10 |
sections or
chapters or
adopted for the purpose of implementing | 11 |
those sections
or
chapters; and any applicable provisions of | 12 |
Chapter 3767. of the
Revised Code when an environmentally related | 13 |
nuisance action is
brought. | 14 |
(B)(1) Except as provided in division (B)(2) of this | 15 |
section, any action under any environmental law for civil or | 16 |
administrative
penalties of any kind brought by any agency or | 17 |
department
of the state or by any other governmental authority | 18 |
charged with enforcing
environmental laws shall be commenced | 19 |
within five years of the
time when the agency, department, or | 20 |
governmental authority actually knew or was informed of the | 21 |
occurrence,
omission, or facts on which the cause of action is | 22 |
based. | 23 |
(2)(a) Except as provided in division (B)(2)(b) of this | 24 |
section, if an agency, department, or governmental authority | 25 |
actually knew
or was informed of an occurrence, omission, or facts | 26 |
on which a
cause of action is based three or more years prior to | 27 |
the
effective date of this section, the cause of action for civil | 28 |
or
administrative penalties of any kind for the alleged violation | 29 |
shall be commenced not later than two years after the effective | 30 |
date of this section. | 31 |
(b) In case of an alleged violation of sections 3737.87 to | 32 |
3737.882 of the Revised Code, if the office of the fire marshal in | 33 |
the
department of commerce actually knew or was informed of an | 34 |
occurrence, omission, or facts on which a cause of action is based | 35 |
prior to the effective date of this section, the cause of action | 36 |
for civil or administrative penalties of any kind for the alleged | 37 |
violation shall be commenced not later than five years after the | 38 |
effective date of this section. | 39 |