SENATORS Hottinger, Spada, Wachtmann, Mumper

To enact section 3745.31 of the Revised Code to

1

establish a five-year statute of limitations for

2

actions for civil or administrative penalties

3

brought under certain environmental laws.

4

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3745.31 of the Revised Code be	5
enacted to read as follows:	6

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

(C) Division (B) of this section applies only if, during	40
the time periods established in that division, proper service of	41
process can be given in accordance with the Rules of Civil	42
Procedure and jurisdiction of a court in this state can be	43
obtained.	44

(D) The time periods established in division (B) of this	45
section may be tolled by mutual agreement between the enforcing	46
agency, department, or authority and the person who is subject to	47
a civil or administrative penalty of any kind under an	48
environmental law.	49

(E) When an action seeks injunctive relief or another	50
remedy in addition to a remedy of civil or administrative	51
penalties of any kind under an environmental law, division (B) of	52
this section applies only to the remedy of civil or administrative	53
penalties of any kind.	54