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S. B. No. 105As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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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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