Ohio Code 3751.03 – Submission of toxic chemical release forms
(A)(1) On or before the first day of July of each year or as otherwise prescribed by the administrator of the United States environmental protection agency under EPCRA, the owner or operator of a facility described in division (A)(2) of this section shall prepare and submit to the administrator a completed toxic chemical release form for each toxic chemical that was so manufactured, processed, or otherwise used at the facility during the preceding calendar year. The electronic submission of the form to the administrator constitutes simultaneous submission of the form to the director of environmental protection for purposes of EPCRA.
Terms Used In Ohio Code 3751.03
- EPCRA: means the "Emergency Planning and Community Right-To-Know Act of 1986" 100 Stat. See Ohio Code 3751.01
- Facility: means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by, or is under common control with such person. See Ohio Code 3751.01
- Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or discharging into the environment of any toxic chemical including, without limitation, the abandonment or discarding of barrels, containers, and other closed receptacles that contained a toxic chemical. See Ohio Code 3751.01
- state: means the state of Ohio. See Ohio Code 1.59
- Toxic chemical: means a chemical listed in rules adopted by the administrator of the United States environmental protection agency under EPCRA. See Ohio Code 3751.01
- United States: includes all the states. See Ohio Code 1.59
(2) Division (A)(1) of this section applies to the owner or operator of a facility to which all of the following apply:
(a) The facility is in standard industrial classification codes 20 to 39, as those codes were in effect on July 1, 1985, or in any other applicable code added by the administrator.
(b) The owner or operator has ten or more full-time employees.
(c) The facility manufactured, processed, or otherwise used during the calendar year immediately preceding the first day of July or date otherwise prescribed by the administrator, a toxic chemical in an amount exceeding the applicable threshold quantity established by the administrator under EPCRA.
(3) The owner or operator shall submit the information on a uniform toxic chemical release form prescribed by the administrator under EPCRA.
(B) The toxic chemical release forms required by this section are intended to provide information to federal, state, and local governments and the public, including residents of communities surrounding facilities covered by this section.
(C) No owner or operator of a facility who is required by this section to file a toxic chemical release form shall fail to submit a toxic chemical release form as required by this section.
(D) An owner or operator of a facility who is required under this section to file a toxic chemical release form and who knowingly makes a false statement on that form, on a record upon which the information on that form is based, or on other information or records required to be kept or submitted under this chapter and the rules adopted under this chapter is guilty of falsification under section 2921.13 of the Revised Code.