Ohio Code 3746.21 – Right of entry
(A) In addition to the authority established in sections 3746.18, 3746.19, and 3746.20 of the Revised Code, the director of environmental protection or the director’s authorized representative, upon proper identification and upon stating the necessity and purpose of an inspection, may enter at reasonable times upon any of the following:
Terms Used In Ohio Code 3746.21
- Accredited laboratory: means a laboratory that is accredited as follows:
(1) For analysis of asbestos, valid accreditation by one of the following:
(a) The American industrial hygiene association, asbestos analysts registry;
(b) The national institute of standards technology, national voluntary laboratory accreditation program for asbestos fiber analysis;
(c) An accreditation body recognized by the national environmental laboratory accreditation conference. See Ohio Code 3746.01
- Certified laboratory: means a laboratory that was certified to perform analyses in connection with voluntary actions before the effective date of this amendment . See Ohio Code 3746.01
- Certified professional: means a person certified by the director pursuant to rules adopted under division (B)(5) of section 3746. See Ohio Code 3746.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any person as defined in section 1. See Ohio Code 3746.01
- Property: means real and personal property. See Ohio Code 1.59
- Voluntary action: means a series of measures that may be undertaken to identify and address potential sources of contamination of property by hazardous substances or petroleum and to establish that the property complies with applicable standards. See Ohio Code 3746.01
(1) Any public or private property at which a voluntary action has been or is being conducted under this chapter and rules adopted under it;
(2) Any public or private property, real or personal, that is owned or operated by a person who is participating or has participated in the voluntary action program under this chapter and rules adopted under it where data, information, records, or documents relating to the person’s participation in the voluntary action program are kept;
(3) Any public or private property, real or personal, upon which is located a certified laboratory, accredited laboratory, or the offices of a certified professional.
(B) The director or the director’s authorized representative may enter upon any property described in division (A) of this section to do any of the following:
(1) Inspect the credentials of the certified professional or the credentials and facilities of the certified laboratory or accredited laboratory;
To examine or copy data, information, records, or documents relating to the evaluation, investigation, or remediation of properties under this chapter and rules adopted under it or to compliance with a consolidated standards permit issued under section 3746.15 of the Revised Code;
(3) Obtain samples of soil, water, or other environmental media at properties where voluntary actions have been or are being conducted under this chapter and rules adopted under it.
(C) The director or the director’s authorized representative may apply for and any judge of a court of record may issue an administrative inspection warrant under division (F) of section 2933.21 of the Revised Code, or other appropriate search warrant, necessary to achieve the purposes of this chapter within the court’s territorial jurisdiction.
Last updated August 18, 2021 at 2:51 PM