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Sub. S. B. No. 105As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Hottinger, Spada, Wachtmann, Mumper
REPRESENTATIVES Hollister, Cates, Aslanides, Lendrum, Hagan, Setzer, Carmichael, Niehaus, Evans, Schmidt, G. Smith, Jolivette, Calvert, Webster, Schaffer, Otterman, Clancy, Buehrer, Collier, Fessler, Damschroder, Gilb, Coates, Faber, Seaver, Reinhard, Young, Seitz, Schneider
A BILL
To amend section 3737.84 and to enact section 3745.31
of the Revised Code to
establish a five-year
statute of limitations for
actions for
civil or
administrative penalties
brought under certain
environmental
laws, and to exempt certain
activities involving the dispensing of diesel fuel
from the state fire code.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3737.84 be amended and section
3745.31 of the Revised Code be
enacted to read as follows:
Sec. 3737.84. (A) The state fire code adopted pursuant to
sections 3737.82 and 3737.83 of the Revised Code shall not
contain
any provision as follows: (1) Relating to the organization or structure of a
municipal
or township fire department; (2) Relating to structural building requirements covered
by
the Ohio building code; (3)
Which
That would cause an employer, in complying with it,
to be in violation
with
of the "Occupational Safety and Health Act
of 1970," 84 Stat. 1590, 29 U.S.C.A. 651, or the "Consumer
Product
Safety Act of 1972," 86 Stat. 1207, 15 U.S.C.A. 2051; (4) Regulating manufacturers or manufacturing facilities
with respect to occupational hazards where they are subject to
regulation by the federal occupational safety and health
administration; (5)
Which
That is inconsistent with, or in conflict with,
regulations of the federal occupational safety and health
administration or the hazardous materials regulations of the
hazardous materials regulations board of the federal highway
administration, United States department of transportation, or
the
public utilities commission; (6)
Which
That establishes a minimum standard of flammability
for consumer goods in any area where the "Flammable Fabrics Act,"
81 Stat. 568
(1967), 15 U.S.C. 1191 authorizes the federal
government or
any department or agency of the federal government
to establish
national standards of flammability for consumer
goods; (7)
Which
That establishes a health or safety standard for
the
use of explosives in mining, for which the federal government
through its authorized agency sets health or safety standards
pursuant to section 6 of the "Federal Metal and Nonmetallic Mine
Safety Act of 1966," 80 Stat. 772, 30 U.S.C. 725, or section 101
of the "Federal Coal Mine Health and Safety Act of 1969," 83
Stat.
745, 30 U.S.C.A. 811; (8)
Which
That is inconsistent with, or in conflict with,
section 3737.73 or Chapter 3743. of the Revised Code, or the
rules
adopted pursuant to that chapter; (9)(a) Restricting the dispensing of diesel fuel at a
terminal or bulk plant into a motor vehicle that is transporting
petroleum products or equipment essential to the operation of the
terminal or bulk plant, provided that the motor vehicle is owned
or leased by or operated under a contract with a person who has
been issued a motor fuel dealer's license under section 5735.02 of
the Revised Code; (b) Authorizing the dispensing of any petroleum products at
a terminal or bulk plant from an above ground storage tank at the
terminal or bulk plant to a motor vehicle other than a motor
vehicle that is described in division (A)(9)(a) of this section or
to a member of the general public.
As used in this section, "terminal or bulk plant" means that
portion of a property where petroleum products are received by
tank vessels, pipelines, tank cars, or tank vehicles and are
stored or blended in bulk for the purpose of distributing the
petroleum products via tank vessel, pipeline, tank car, tank
vehicle, portable tank, or container. (B) No penalty shall be imposed by the fire marshal on any
person for a violation of the state fire code if a penalty has
been imposed or an order issued by the federal government for a
violation of a similar provision contained in or adopted pursuant
to the federal acts referred to in this section, where the facts
which
that constitute the violation of the state fire code are the
same as those
which
that constitute the violation or alleged
violation
of the federal act.
Sec. 3745.31. (A) As used in this section, "environmental
law" means sections 903.08, 903.17, and 3737.87 to 3737.882 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)(1) Except as provided in division (B)(2) of this
section, any action under any environmental law for civil or
administrative
penalties of any kind brought by any agency or
department
of the state or by any other governmental authority
charged with enforcing
environmental laws shall be commenced
within five years of the
time when the agency, department, or
governmental authority actually knew or was informed of the
occurrence,
omission, or facts on which the cause of action is
based. (2) If an agency, department, or governmental authority
actually knew
or was informed of an occurrence, omission, or facts
on which a
cause of action is based prior to
the
effective date
of this section, the cause of action for civil
or
administrative
penalties of any kind for the alleged violation
shall be commenced
not later than five years after the effective
date of this
section.
(C) Division (B) of this section applies only if, during
the time periods established in that division, proper service of
process can be given in accordance with the Rules of Civil
Procedure and jurisdiction of a court in this state can be
obtained.
(D) The time periods established in division (B) of this
section may be tolled by mutual agreement between the enforcing
agency, department, or authority and the person who is subject to
a civil or administrative penalty of any kind under an
environmental law.
(E) When an action seeks injunctive relief or another
remedy in addition to a remedy of civil or administrative
penalties of any kind under an
environmental law, division (B) of
this section applies only to the remedy of civil or administrative
penalties of any kind. (F) Beginning on the first anniversary of the effective date
of this section and for four years thereafter, the director of
environmental protection and the fire marshal shall each annually
submit a report concerning the aggregate number of enforcement
cases that are based on occurrences, omissions, or facts about
which the director or the fire marshal actually knew or was
informed prior to the effective date of this section for which a
cause of action has not been brought pursuant to division (B)(2)
of this section as of the date of the report. The respective
reports submitted by the director and the fire marshal shall only
address the aggregate number of occurrences, omissions, or facts
under environmental laws concerning which the director or fire
marshal has regulatory authority. The respective reports
submitted by the director and the fire marshal shall not include
any names, addresses, or other identifying information. The
report shall be submitted to the speaker of the house of
representatives, the president of the senate, and the chairpersons
of the standing committees of the house of representatives and the
senate that are primarily responsible for considering
environmental issues.
Section 2. That existing section 3737.84 of the Revised
Code
is hereby repealed.
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