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Sub. H. B. No. 338As Passed by the Senate
As Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Core, Calvert, Sullivan, Allen, Webster, Husted, Lendrum, Kearns, Hollister, Kilbane, Fedor, Perry, Hagan, Reinhard, Manning, Damschroder, Grendell, Niehaus, Clancy, Collier, Faber, Wolpert, Flowers, Carmichael, Latta, Olman, Schaffer, Evans, Peterson, Setzer, Jolivette, Schmidt, Roman, Redfern, Coates, Aslanides, Flannery, Fessler, Salerno
SENATORS Harris, White
A BILL
To amend sections 305.31, 317.08, 1515.02, 1515.15,
1515.22,
1515.24, and 3737.882 and
to
repeal
sections 1515.25, 1515.26,
and 1515.27
of
the
Revised Code to authorize
referendums on
assessments levied for
improvements
of soil and
water conservation
districts to be conducted under
the statutes governing counties rather than under
the statutes governing those districts, to require
that property
owners be
notified of
uniform
assessments
under the soil and water conservation
statutes by first
class mail in
lieu of
notification
by publication, and to require a
county recorder to record any restrictions on the
use of property identified pursuant to the State
Fire Marshal's rules regarding releases from
petroleum underground storage tanks.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 305.31, 317.08, 1515.02, 1515.15,
1515.22, 1515.24, and 3737.882 of
the Revised Code be
amended
to
read as follows:
Sec. 305.31. The procedure for submitting to a referendum
any resolution adopted by a board of county commissioners
pursuant
to division (D)(1) of section 307.697, section
322.02, 322.06,
or
324.02,
sections 1515.22 and 1515.24, division (B)(1) of section
4301.421, section
4504.02, 5739.021, 5739.026,
5741.021,
or
5741.023, or division (C)(1) of section
5743.024 of the Revised
Code or rule adopted pursuant to section 307.79
of the Revised
Code shall be as prescribed by this
section. Except as otherwise provided in this paragraph, when a
petition, signed by ten per cent of the number of
electors who
voted for governor at the most recent general
election for the
office of governor in the county, is filed with
the county auditor
within thirty days after the date
such
the
resolution is passed or
rule is adopted by the board of county
commissioners, or is filed
within forty-five days after the
resolution is passed, in the case
of a resolution adopted
pursuant to section 5739.021 of the
Revised Code that is passed
within one year after a resolution
adopted pursuant to that
section has been rejected or repealed by
the electors, requesting
that
such
the resolution be submitted to
the electors of
such
the county
for their approval or rejection,
such
the county auditor shall, after
ten days following the filing
of the petition, and not later than
four p.m. of the seventy-fifth
day before the day of election,
transmit a certified copy of the
text of the resolution or rule
to the board of elections. In the
case of a petition requesting that a
resolution adopted under
division (D)(1) of section 307.697, division
(B)(1) of section
4301.421, or division (C)(1) of section
5743.024
of the Revised
Code be submitted to electors for their approval or rejection,
the
petition
must
shall be signed by seven per cent of the number of
electors who voted for
governor at the most recent election for
the office of
governor in the
county. The county auditor shall
transmit the
petition to the board together with the certified
copy of the
resolution or rule. The board shall examine all
signatures on
the petition to determine the number of electors of
the county
who signed the petition. The board shall return the
petition to
the auditor within ten days after receiving it,
together with a
statement attesting to the number of such electors
who signed the
petition. The board shall submit the resolution or
rule to the
electors of the county, for their approval or
rejection, at the
succeeding general election held in the county
in any year,
or on the day of the succeeding primary election held
in the
county in even-numbered years, occurring subsequent to
seventy-five days after the auditor certifies the sufficiency and
validity of the petition to the board of elections. No resolution shall go into effect until approved by the
majority of those voting upon it. However, a rule shall take
effect and remain in effect unless and until a majority of the
electors voting on the question of repeal approve the repeal.
Sections 305.31 to 305.41 of the Revised Code do not prevent a
county, after the passage of any resolution or adoption of any
rule, from proceeding at once to give any notice or make any
publication required by the resolution or rule. The board of county commissioners shall make available to
any
person, upon request, a certified copy of any resolution or
rule
subject to the procedure for submitting a referendum under
sections 305.31 to 305.42 of the Revised Code beginning on the
date the resolution or rule is adopted by the board. The board
may charge a fee for the cost of copying the resolution or rule. As used in this section, "certified copy" means a copy
containing a written statement attesting that it is a true and
exact reproduction of the original resolution or rule.
Sec. 317.08. Except as provided in division (F) of this
section, the county recorder shall keep six separate sets
of
records as follows: (A) A record of deeds, in which shall be recorded all
deeds
and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided for in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws as provided for in Chapter 5311. of the
Revised Code; affidavits as provided for in section 5301.252 of
the Revised Code; all certificates as provided for in section
5311.17 of the Revised Code; all articles dedicating
archaeological preserves accepted by the director of the Ohio
historical society under section 149.52 of the Revised Code; all
articles dedicating nature preserves accepted by the director of
natural resources under section 1517.05 of the Revised Code; all
agreements for the registration of lands as archaeological or
historic landmarks under section 149.51 or 149.55 of the Revised
Code; all conveyances of conservation easements and agricultural
easements
under section
5301.68 of the Revised Code; all
instruments extinguishing agricultural
easements under section
901.21 or 5301.691 of the Revised Code or pursuant to
terms of
such an easement granted to a charitable organization under
section
5301.68 of the Revised Code; all instruments or orders
described
in division (B)(1)(c)(ii) of section 5301.56 of the
Revised Code;
all no further action letters issued under section
122.654 or 3746.11 of the
Revised Code;
all covenants not to sue
issued under section
3746.12 of the
Revised Code, including all
covenants
not to sue issued pursuant to section 122.654 of the
Revised Code;
any restrictions on the use of property contained in
a no further
action letter issued under section 122.654 of the
Revised Code
and, any restrictions on the use of
property
identified
pursuant to division (C)(3) of section
3746.10 of the
Revised
Code, and any restrictions on the use of property
contained in a deed or other instrument as provided in division
(E) of section
3737.882 of the Revised Code; all memoranda of
trust, as
described
in division (A)
of
section 5301.255 of the
Revised
Code, that
describe specific
real
property; and all
agreements
entered into
under division (A)
of
section 1521.26 of
the Revised Code; (B) A record of mortgages, in which shall be recorded all
of
the following: (1) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered; (2) All executory installment contracts for the sale of
land
executed after September 29, 1961, that by their terms are
not
required to be fully performed by one or more of the parties
to
them within one year of the date of the contracts; (3) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity; (4) Any tax certificate sold under section 5721.33 of the
Revised Code,
or memorandum
thereof, that is presented for filing
of record. (C) A record of powers of attorney, including all
memoranda
of trust, as described in division (A) of section
5301.255 of the
Revised Code, that do not describe specific real
property; (D) A record of plats, in which shall be recorded all
plats
and maps of town lots, of the subdivision of town lots, and
of
other divisions or surveys of lands, any center line survey of
a
highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings as provided for in Chapter 5311. of the Revised
Code; (E) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases; (F) A record of declarations
executed pursuant to section
2133.02 of the
Revised Code
and durable powers of attorney for
health care executed pursuant to section
1337.12 of the Revised
Code. All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index,
keep, and record in one volume unemployment compensation liens,
internal revenue tax liens and other liens in favor of the United
States as described in division (A) of section 317.09 of the
Revised Code, personal tax liens, mechanic's liens, agricultural
product liens, notices of liens, certificates of satisfaction or
partial release of estate tax liens, discharges of recognizances,
excise and franchise tax liens on corporations, broker's liens,
and liens
provided for in sections 1513.33, 1513.37, 3752.13,
5111.021, and
5311.18
of the Revised Code. The recording of an option to purchase real estate,
including
any supplement, modification, and amendment of the
option, under
this section shall serve as notice to any purchaser
of an interest
in the real estate covered by the option only
during the period of
the validity of the option as stated in the
option. (G) In lieu of keeping the six separate
sets of records
required in divisions (A) to (F) of this section and the
records
required in division (H) of this section, a county
recorder may
record all the instruments required to be recorded by this
section
in two separate sets of record books. One set shall be
called the
"official records" and shall contain the instruments
listed in
divisions (A), (B), (C), (E), (F), and
(H) of this section. The
second set of records shall
contain the instruments listed in
division (D) of this section. (H) Except as provided in division (G)
of this section, the
county recorder shall keep a separate set of records
containing
all corrupt activity lien notices filed with the
recorder pursuant
to section 2923.36 of the Revised Code and a
separate set of
records containing all medicaid fraud lien
notices filed with the
recorder pursuant to section 2933.75 of
the Revised Code.
Sec. 1515.02. There is hereby established in the
department
of natural resources the Ohio soil and water
conservation
commission. The commission shall consist of seven
members of
equal status and authority, four of whom shall be
appointed by the
governor with the advice and consent of the
senate, and one of
whom shall be designated by resolution of the
board of directors
of the Ohio federation of soil and water
conservation districts.
The other two members shall be the
director of agriculture and the
vice-president for agricultural
administration of the Ohio state
university. The director of
natural resources may participate in
the deliberations of the
commission, but without the power to
vote. A vacancy in the
office of an appointed member shall be
filled by the governor,
with the advice and consent of the senate.
Any member appointed
to fill a vacancy occurring prior to the
expiration of the term
for which
his
the member's predecessor was
appointed shall hold
office for the remainder of
such
that term.
Of the appointed members, two shall be
farmers and all shall be
persons who have a knowledge of or
interest in the natural
resources of the state. Not more than
two of the appointed
members shall be members of the same
political party. Terms of office of the member designated by the board of
directors of the federation and the members appointed by the
governor shall be for four years, commencing on the first day of
July and ending on the thirtieth day of June. Each appointed member shall hold office from the date of
his
appointment until the end of the term for which
he
the member was
appointed. Any appointed member shall continue in office
subsequent to the expiration date of
his
the member's term until
his
the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first. The commission shall organize by selecting from its members
a
chairman
chairperson and a
vice-chairman
vice-chairperson. The
commission shall hold at
least one regular meeting in each quarter
of each calendar year
and shall keep a record of its proceedings,
which shall be open to
the public for inspection. Special
meetings may be called by the
chairman
chairperson and shall be
called by
him
the chairperson upon receipt of a written request
signed
by two or more
members of the commission. Written notice
of the
time and place of each
meeting shall be sent to each member
of the
commission. A majority of the
commission
shall constitute
a
quorum. The commission may adopt rules as necessary to carry out
the
purposes of
Chapter 1515. of the Revised Code
this chapter,
subject to
Chapter 119. of the Revised Code. The governor may remove any appointed member of the
commission at any time for inefficiency, neglect of duty, or
malfeasance in office, after giving to the member a copy of the
charges against
him
the member and an opportunity to be heard
publicly in person or by counsel in
his
the member's defense.
Any
such act of removal by the governor is final. A statement of the
findings
of the
governor, the reason for
his
the governor's
action, and the
answer, if any, of the member shall be filed by
the governor with the
secretary of
state and shall be open to
public inspection. All members of the commission shall be reimbursed for the
necessary expenses incurred by them in the performance of their
duties as members. Upon recommendation by the commission, the director of
natural resources shall designate an executive secretary and
provide staff necessary to carry out the powers and duties of the
commission. The commission may utilize the services of such
staff
members in the college of agriculture of the Ohio state
university
as may be agreed upon by the commission and the
college. The commission shall
have the following duties and powers
do
all of the following: (A)
To determine
Determine distribution of funds under
section
1515.14 of the Revised Code,
to recommend to the director
of
natural resources and other agencies the levels of
appropriations
to special funds established to assist soil and
water
conservation districts, and
to recommend the amount of
federal
funds to be requested and policies for the use of such
funds in
support of soil and water conservation district programs; (B)
To assist
Assist in keeping the supervisors of soil and
water
conservation districts informed of their powers and duties,
program opportunities, and the activities and experience of all
other districts, and
to facilitate the interchange of advice,
experience, and cooperation between
such
the districts; (C)
To seek
Seek the cooperation and assistance of the
federal
government or any of its agencies, and of agencies of this
state,
in the work of
such
the districts; (D)
To adopt
Adopt appropriate rules governing the conduct of
referendums or elections provided for in
Chapter 1515. of the
Revised Code
this chapter, subject to Chapter 119. of the Revised
Code,
provided that only owners and occupiers of lands situated
within
the boundaries of the districts or proposed districts to
which
the
referendums or elections apply shall be eligible to vote
in
such referendums or
the elections; (E)
To recommend
Recommend to the director
of natural
resources
priorities for planning and construction of small
watershed
projects, and
to make recommendations to the director
of
natural
resources concerning coordination of programs as proposed
and
implemented in agreements with soil and water conservation
districts; (F)
To recommend
Recommend to the director
of natural
resources, the
governor, and the general assembly programs and
legislation with
respect to the operations of soil and water
conservation
districts
which
that will encourage proper soil,
water, and other
natural resource management and promote the
economic and social
development of the state.
Sec. 1515.15. A board of county commissioners may apply to
the Ohio soil and water conservation commission for an advance of
moneys from the soil and water conservation fund, which is hereby
created in the state treasury, to enable
such
a soil and water
conservation district to pay all
or part of the cost of surveys
and plans, appraisals, estimates
of cost, land options, and other
incidental expenses of
constructing works of improvement for
a
soil and water
conservation
the district. The commission shall
consider
such
the application and shall recommend an amount of
moneys reasonably
needed for
such
that purpose. The order of the commission recommending the amount of
such
the moneys needed shall be certified to the controlling board.
The
controlling board shall then determine the amount to be
advanced
to the county and shall certify its action to the
director of
budget and management for payment. All such amounts received by any such district shall be
repaid by the board of county commissioners to the state
immediately upon the receipt by the board of funds from the sale
of bonds or from other sources
which
that may be used for that
purpose, or in such number of equal annual installments, not
exceeding five, and commencing at such time, as shall be
specified
in the order of the commission. Upon receipt of sufficient and satisfactory evidence that
the
board and district have proceeded in good faith and
If an
unfavorable
referendum or court decision has denied the work of
improvement, the controlling board, upon
receipt of sufficient and
satisfactory evidence that the board and district have proceeded
in good faith and the recommendation of the
commission, shall
relieve the board or district of its repayment
obligation.
Sec. 1515.22. The boards of county commissioners of all
the
counties containing any of the territory included in the
project
area, if all such counties have approved construction of
an
improvement under section 1515.21 of the Revised Code, are a
joint
board of county commissioners for the improvement. A joint board of county commissioners may do all the things
that a board of county commissioners may do in connection with
the
improvement and shall proceed as if it were a board of county
commissioners representing a county that included all the
territory within the project area. The joint board may agree to apportion any cost of the
improvement, or expenses incurred in connection therewith, not
paid by assessments or taxes levied for the improvement, or funds
other than county funds, among the participating counties. The joint board shall elect one of its
number
members
president and
designate a clerk of one of the boards of county
commissioners of
the participating counties as clerk of the joint
board. A
majority of the county commissioners constituting the
joint board
constitutes a quorum. All decisions of the joint
board shall be
made by a majority vote of the county commissioners
constituting
the joint board.
For the purpose of bringing a referendum petition against a
soil and water conservation project under section 305.31 of the
Revised Code, a resolution adopted by a joint board of county
commissioners shall be considered to be a resolution adopted by
the board of county commissioners of each county in the project
area. The electors of any county in the project area may file a
petition for referendum under that section against a resolution
adopted by the joint board of county commissioners as if it had
been adopted by the board of county commissioners for that county.
The referendum shall be conducted only in the county in which the
referendum petition was filed. The electors of any county in the
project area in which no referendum petition was filed shall not
be eligible to vote in the referendum, and the outcome of a
referendum shall have effect only in the county in which the
referendum was held. Any county in the project area in which a
referendum is not held remains subject to the provisions of the
resolution adopted by the joint board of county commissioners for
the soil and water conservation district.
Sec. 1515.24.
(A) Upon receipt of a certification made by
the
supervisors of a soil and water conservation district pursuant
to
section 1515.20 of the Revised Code, the board of county
commissioners may
levy
adopt a resolution levying upon the
property within the project area
an assessment at a uniform or
varied rate based upon the benefit
to the area certified by the
supervisors, as necessary to pay the
cost of construction of the
improvement not otherwise funded and
to repay advances made for
purposes of the improvement from the
fund created by section
1515.15 of the Revised Code. The board
of
county commissioners
shall direct the person or authority
preparing assessments to give
primary consideration, in
determining a parcel's estimated
assessments relating to the
disposal of water, to the potential
increase in productivity that
the parcel may experience as a
result of the improvement and also
to give consideration to the
amount of water disposed of, the
location of the property relative
to the project, the value of
the
project to the watershed, and
benefits as defined in section
6131.01 of the
Revised Code. The
part
of the assessment that is
found to benefit state, county, or
township
roads or highways or
municipal streets shall be assessed
against
the state, county,
township, or municipal corporation,
respectively, payable from
motor vehicle revenues. The
part of
the assessment that is found
to benefit property
owned by any
public corporation, any political
subdivision of the state, or
the
state shall be assessed against
the public corporation, the
political subdivision, or the state
and shall be paid out of the
general funds or motor vehicle
revenues of the public
corporation,
the political subdivision of
the state, or the
state, except as
otherwise provided by law.
(B) The assessment shall
be certified to the county auditor
and by the county
auditor to the county
treasurer. The collection
of the assessment shall conform
in
all matters to Chapter 323. of
the Revised Code.
Any (C)
Any land owned
and managed by the department of natural
resources for wildlife,
recreation, nature preserve, or forestry
purposes is exempt from
assessments if the director of natural
resources determines that
the land derives no benefit from the
improvement. In making such
a determination, the director shall
consider the purposes for
which the land is owned and managed and
any relevant articles of
dedication or existing management plans
for the land. If the
director determines that the land derives no
benefit from the
improvement, the director shall notify the board
of county
commissioners,
within thirty days after receiving the
assessment notification
required by this section, indicating that
the director has
determined that
the land is to be exempt and
explaining the specific reason
for
making this determination. The
board of county commissioners, within thirty
days after receiving
the director's exemption
notification, may appeal the
determination to the
court of common
pleas. If the court of
common pleas finds in favor of the board
of county commissioners,
the department of natural resources
shall pay all court costs and
legal fees. If the assessment is to be made at a varied rate, the
(D)(1)
The board shall give notice by first class mail to every public
and
private property owner whose property is subject to
assessment, at the
tax mailing or other known address of the
owner. The notice shall contain a
statement of the amount to be
assessed against the property of the addressee, a description of
the method used to determine the necessity for and the amount of
the proposed assessment,
and a statement
that the addressee may
file an
objection in writing at the office
of the board of county
commissioners within thirty days after the
mailing of notice. If
the residence of any owner cannot be
ascertained, or if any
mailed
notice is returned undelivered, the
board shall publish
the notice
to all such owners in a newspaper
of general
circulation within
the project area, at least once each
week for
three weeks, which
notice shall include the information
contained
in the mailed
notice, but shall state that the owner may
file
an objection in
writing at the office of the board of county
commissioners within
thirty days after the last publication of
the
notice.
(2) Upon receipt of objections as provided in this section,
the
board shall proceed within thirty days to hold a final hearing
on the objections by fixing a date and giving notice by
first
class mail to the objectors at the address
provided in filing
the
objection. If any mailed notice is returned
undelivered, the
board shall give due notice to the objectors in a newspaper
of
general circulation in the project area, stating the time, place,
and purpose of the hearing. Upon hearing the objectors, the board
may
amend
adopt a resolution amending and
shall approve
approving
the final schedule of assessments
by
and shall enter it in the
journal
entry. (3) Any owner whose objection is not allowed may appeal
within
thirty days to the court of common pleas of the county in
which
the property is located.
(4) The board of county
commissioners shall make an order
approving the levying of the
assessment and shall proceed under
section 6131.23 of the Revised Code after one of the following has
occurred, as applicable:
(a) Final notice is provided by mail or publication.
(b) The imposition of assessments is upheld in the final
disposition of an appeal that is filed pursuant to division (D)(3)
of this section.
(c) The resolution levying the assessments is approved in
a referendum that is held pursuant to section 305.31 of the
Revised Code. (5) The county treasurer shall deposit the proceeds of the
assessment in the fund designated by the board and shall report to
the county auditor the amount of money from the assessment that is
collected by the treasurer. Moneys shall be expended from the
fund for purposes of the improvement. (E) Any moneys collected in excess of the amount needed for
construction of the improvement and the subsequent first year's
maintenance may be maintained in a fund to be used for
maintenance
of the improvement. In any year subsequent to a year
in which an
assessment for construction of an improvement levied
under this
section has been collected, and upon determination by
the board of
county commissioners that funds are not otherwise
available for
maintenance or repair of the improvement, the board
shall levy on
the property within the project area an
assessment for maintenance
at a uniform percentage of all
construction costs based upon the
assessment schedule used in
determining the construction
assessment. The assessment is not
subject to the provisions
concerning notice and petition
contained in
this section
1515.25
of the Revised
Code. An assessment for
maintenance shall not be
levied in any year in which
the
unencumbered balance of funds
available for maintenance of the
improvement exceeds twenty per
cent of the cost of
construction
of
the improvement, except that
the board may adjust the level of
assessment within the twenty per
cent limitation, or suspend
temporarily the levying of an
assessment, for maintenance
purposes
as maintenance funds are
needed. For the purpose of levying an assessment for
maintenance of
an improvement, a board may use the procedures
established in
Chapter 6137. of
the Revised
Code regarding maintenance of
improvements as defined in section 6131.01 of the
Revised
Code in
lieu of using the
procedures established under this section. (F) The board of county commissioners may issue bonds and
notes
as authorized by section 131.23 or 133.17 of the Revised
Code.
Sec. 3737.882. (A) If, after an examination or
inspection,
the fire marshal or an assistant fire marshal finds
that a release
of petroleum is suspected,
he
the fire marshal shall take such
action as
he
the fire marshal
considers necessary to ensure that a
suspected
release is confirmed or disproved and, if the occurrence
of a
release is confirmed, to correct the release. These actions
may
include one or more of the following: (1) Issuance of a citation and order requiring the
responsible person to undertake, in a manner consistent with the
requirements of section 9003 of the "Resource Conservation and
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as
amended, applicable regulations adopted thereunder, and rules
adopted under division (B) of this section, such actions as are
necessary to protect human health and the environment, including,
without limitation, the investigation of a suspected release. (2) Requesting the attorney general to bring a civil
action
for appropriate relief, including a temporary restraining
order or
preliminary or permanent injunction, in the court of
common pleas
of the county in which a suspected release is
located or in which
the release occurred, to obtain the
corrective action necessary to
protect human health and the
environment. In granting any such
relief, the court shall ensure
that the terms of the temporary
restraining order or injunction
are sufficient to provide
comprehensive corrective action to
protect human health and the
environment. (3) Entry onto premises and undertaking corrective action
with respect to a release of petroleum if, in
his
the fire
marshal's judgment, such
action is
necessary to protect human
health and the environment.
Any
corrective action undertaken by
the fire marshal or assistant
fire
marshal under division (A)(3)
of this section shall be
consistent
with the requirements of
sections 9003 and 9005 of the
"Resource
Conservation and Recovery
Act of 1976," 98 Stat. 3279,
42 U.S.C.A.
6991b, and 98 Stat. 3284,
42 U.S.C.A. 6991e,
respectively, as
amended, applicable
regulations adopted
thereunder, and rules
adopted under division
(B) of this section. (B) The fire marshal shall adopt, and may amend and
rescind,
such rules as
he
the fire marshal considers necessary
to establish
standards for corrective actions for suspected and confirmed
releases of petroleum and standards for the recovery of costs
incurred for undertaking corrective or enforcement actions with
respect to such releases. The rules also shall include
requirements for financial responsibility for the cost of
corrective actions for and compensation of bodily injury and
property damage incurred by third parties that are caused by
releases of petroleum. Rules regarding financial responsibility
shall, without limitation, require responsible persons to
provide
evidence that the parties guaranteeing payment of the
deductible
amount established under division (E) or (F) of
section 3737.91 of
the Revised Code are, at a minimum,
secondarily liable for all
corrective action and third-party
liability costs incurred within
the scope of the deductible
amount. The rules shall be consistent
with sections 9003 and
9005 of the "Resource Conservation and
Recovery Act of 1976," 98
Stat. 3279, 42 U.S.C.A. 6991b, and 98
Stat. 3284, 42 U.S.C.A.
6991e, respectively, as amended, and
applicable regulations
adopted thereunder. (C)(1) No person shall violate or fail to comply with a
rule
adopted under division (A) of section 3737.88 of the Revised
Code
or division (B) of this section, and no person shall violate
or
fail to comply with the terms of any order issued under
division
(A) of section 3737.88 of the Revised Code or division
(A)(1) of
this section. (2) Whoever violates division (C)(1) of this section or
division (F) of section 3737.881 of the Revised Code shall pay a
civil penalty of not more than ten thousand dollars for each day
that the violation continues. The fire marshal may, by order,
assess a civil penalty under this division, or
he
the fire
marshal
may request the
attorney general to bring a civil action for
imposition of the
civil penalty in the court of common pleas of
the county in which
the violation occurred. If the fire marshal
determines that a
responsible person is in violation of division
(C)(1) of this
section or division (F) of section 3737.881 of the
Revised Code,
the fire marshal may request the attorney general to
bring a
civil action for appropriate relief, including a temporary
restraining order or preliminary or permanent injunction, in the
court of common pleas of the county in which the underground
storage tank or, in the case of a violation of division (F)(3) of
section 3737.881 of the Revised Code, the training program that
is
the subject of the violation is located. The court shall
issue a
temporary restraining order or an injunction upon a
demonstration
that a violation of division (C)(1) of this section
or division
(F) of section 3737.881 of the Revised Code has
occurred or is
occurring. Any action brought by the attorney general under this
division is a civil action, governed by the
rules
Rules of
civil
procedure
Civil Procedure and other rules of
practice and
procedure applicable to civil actions. (D) Orders issued under division (A) of section 3737.88 of
the Revised Code and divisions (A)(1) and (C) of this section,
and
appeals thereof, are subject to and governed by Chapter 3745.
of
the Revised Code. Such orders shall be issued without the
necessity for issuance of a proposed action under that chapter.
For purposes of appeals of any such orders, the term "director"
as
used in Chapter 3745. of the Revised Code includes the fire
marshal and an assistant fire marshal.
(E) Any restrictions on the use of real property for the
purpose of achieving applicable standards pursuant to rules
adopted under division (B) of this section shall be contained in a
deed or in another instrument that is signed and acknowledged by
the property
owner in the same manner as a deed. The deed or other
instrument
containing the restrictions shall be filed and recorded
in the
office of the county recorder of the county in which the
property
is located. Pursuant to Chapter 5309. of the Revised
Code, such
use restrictions in connection with registered land, as
defined in
section 5309.01 of the Revised Code, shall be entered
as a
memorial on the page of the register where the title of the
owner
is registered.
Section 2. That existing sections 305.31, 317.08, 1515.02,
1515.15, 1515.22,
1515.24, and 3737.882 and sections 1515.25,
1515.26, and 1515.27 of the
Revised
Code are
hereby repealed.
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