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Sub. S. B. No. 105As Reported by the Senate Energy, Natural Resources and Environment CommitteeAs Reported by the Senate Energy, Natural Resources and Environment Committee
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
actions for
civil or administrative penalties
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, 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)(a) Except as provided in division (B)(2)(b) of this
section, 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 three or more years 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 two years after the effective
date of this section. (b) In case of an alleged violation of sections 3737.87 to
3737.882 of the Revised Code, if the office of the fire marshal in
the
department of commerce 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.
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