Ohio Code 3714.12 – Orders to abate
(A) The board of health of a health district may make orders in accordance with section 3709.20 or 3709.21 of the Revised Code to a permit or license holder or other person to abate, within a specified, reasonable time, a violation of any section of this chapter, a rule adopted under it, or a term or condition of a permit or license issued under it. The director of environmental protection may issue enforcement orders in accordance with Chapter 3745 of the Revised Code to a permit or license holder or other person to abate, within a specified, reasonable time, a violation of any section of this chapter, a rule adopted under it, or a term or condition of a permit or license issued under it.
Terms Used In Ohio Code 3714.12
- Board of health: means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709. See Ohio Code 3714.01
- Construction and demolition debris: includes particles and dust created during demolition activities. See Ohio Code 3714.01
- Facility: means any site, location, tract of land, installation, or building used for the disposal of construction and demolition debris. See Ohio Code 3714.01
- Health district: means a city or general health district created by or under the authority of Chapter 3709 of the Revised Code. See Ohio Code 3714.01
- Person: includes the state, any political subdivision of the state or other state or local body, the United States and any agency or instrumentality thereof, and any legal entity or organization defined as a person under section 1. See Ohio Code 3714.01
- Rule: includes regulation. See Ohio Code 1.59
(B) If the board of health or the director determines that conditions at a construction and demolition debris facility or other location where construction and demolition debris is being disposed of are causing or threatening to cause an imminent and substantial threat to public health or safety or the environment or an imminent and substantial risk of fire and that, due to any of those conditions, an emergency exists requiring immediate action to protect the public health or safety or the environment, the board or the director may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet the emergency. The order shall be effective immediately. Any person to whom such an order is directed shall comply immediately, but on application to the director or the board of health, as appropriate, shall be afforded a hearing as soon as possible, but not later than thirty days after application. On the basis of the hearing, the director or the board of health shall continue the order in effect or revoke or modify it. No emergency order shall remain in effect for more than ninety days after its issuance.