130th Ohio General Assembly
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S. B. No. 105As Introduced
As Introduced

124th General Assembly
Regular Session
2001-2002
S. B. No. 105


SENATORS Hottinger, Spada, Wachtmann, Mumper



A BILL
To enact section 3745.31 of the Revised Code to establish a five-year statute of limitations for civil actions brought under certain environmental laws.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3745.31 of the Revised Code be enacted to read as follows:
Sec. 3745.31. (A) As used in this section, "environmental law" means sections 903.08 and 903.17 and Chapters 3704., 3734., 3745., 3750., 3751., 3752., 3753., 6109., and 6111. of the Revised Code, any rule adopted under those sections or chapters or adopted for the purpose of implementing those sections or chapters, and any applicable provisions of Chapter 3767. of the Revised Code when an environmentally related nuisance action is brought.
(B) Any action under any environmental law for civil penalties or costs of any kind brought by any agency or department of the state or by any other authority charged with enforcing environmental laws shall be commenced within five years of the time when the agency, department, or authority knew or, in the exercise of due diligence, should have known that the occurrence that is the basis of the cause of action transpired. However, the five-year time period shall be tolled for the period during which the identity and location of the person who is allegedly responsible for the occurrence that is the basis of the cause of action are unknown to the enforcing agency, department, or authority, thus preventing proper service of process from being given to the person in accordance with the Rules of Civil Procedure.
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