Ohio Code 3734.28 – Hazardous waste clean-up fund
Except as otherwise provided in sections 3734.281 and 3734.282 of the Revised Code, moneys collected under sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised Code and under the “Comprehensive Environmental Response, Compensation, and Liability Act of 1980,” 94 Stat. 2767, 42 U.S.C. § 9601, et seq., as amended, including moneys recovered under division (B)(1) of this section, shall be paid into the state treasury to the credit of the hazardous waste clean-up fund, which is hereby created. In addition, both of the following shall be credited to the fund:
Terms Used In Ohio Code 3734.28
- Agency: means the environmental protection agency. See Ohio Code 3734.01
- Closure: includes measures performed to protect public health or safety, to prevent air or water pollution, or to make the facility suitable for other uses, if any, including, but not limited to, the removal of processing residues resulting from solid wastes that consist of scrap tires; the establishment and maintenance of a suitable cover of soil and vegetation over cells in which hazardous waste or solid wastes are buried; minimization of erosion, the infiltration of surface water into such cells, the production of leachate, and the accumulation and runoff of contaminated surface water; the final construction of facilities for the collection and treatment of leachate and contaminated surface water runoff, except as otherwise provided in this division; the final construction of air and water quality monitoring facilities, except as otherwise provided in this division; the final construction of methane gas extraction and treatment systems; or the removal and proper disposal of hazardous waste or solid wastes from a facility when necessary to protect public health or safety or to abate or prevent air or water pollution. See Ohio Code 3734.01
- Director: means the director of environmental protection. See Ohio Code 3734.01
- Hazardous waste: includes any substance identified by regulation as hazardous waste under the "Resource Conservation and Recovery Act of 1976" 90 Stat. See Ohio Code 3734.01
- Person: includes the state, any political subdivision and other state or local body, the United States and any agency or instrumentality thereof, and any legal entity defined as a person under section 1. See Ohio Code 3734.01
- state: means the state of Ohio. See Ohio Code 1.59
(A) Moneys recovered for costs paid from the fund for activities described in divisions (A)(1) and (2) of section 3745.12 of the Revised Code;
(B) Natural resource damage assessment costs recovered under any of the following:
(1) The “Comprehensive Environmental Response, Compensation, and Liability Act of 1980,” 94 Stat. 2767, 42 U.S.C. § 9601, et seq., as amended;
(2) The “Oil Pollution Act of 1990,” 104 Stat. 484, 33 U.S.C. 2701, et seq., as amended;
(3) The “Clean Water Act of 1977,” 91 Stat. 1566, 33 U.S.C. 1321, et seq., as amended;
(4) Any other applicable federal or state law.
The environmental protection agency shall use the moneys in the fund for the purposes set forth in division (D) of section 3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12, and Chapter 3746 of the Revised Code, including any related enforcement expenses and administrative expenses of any related closure or corrective action program. In addition, the agency shall use the moneys in the fund to pay the state’s long-term operation and maintenance costs or matching share for actions taken under the “Comprehensive Environmental Response, Compensation, and Liability Act of 1980,” as amended. If those moneys are reimbursed by grants or other moneys from the United States or any other person, the moneys shall be placed in the fund and not in the general revenue fund.
The director of environmental protection may enter into contracts and grant agreements with federal, state, or local government agencies, nonprofit organizations, and colleges and universities for the purpose of carrying out the responsibilities of the environmental protection agency for which money may be expended from the fund.