Ohio Code 3752.07 – Securing building, structure or outdoor location against unauthorized entry
(A) Within thirty days after the cessation of regulated operations at a facility for which a notice and certification are required to be submitted under sections 3752.04 and 3752.06 of the Revised Code, the owner or operator of the facility shall secure against unauthorized entry each building or structure at the facility where regulated operations were conducted and that contains or is contaminated with regulated substances and each outdoor location of operation. The owner or operator shall secure each such building, structure, or outdoor location of operation by boarding windows, doors, and other potential means of entry, by providing security personnel, or by other methods prescribed in rules adopted under section 3752.03 of the Revised Code. Within that thirty-day period, the owner or operator also shall post about each such building, structure, or outdoor location of operation in publicly visible locations warning signs that prohibit trespassing and state that the building, structure, or outdoor location of operation contains or is contaminated with regulated substances that may endanger public health or safety if released into the environment. The owner or operator shall continue the security measures, and maintain the warning signs, as required at each such building, structure, or outdoor location of operation until the owner or operator has complied with section 3752.06 of the Revised Code and the director has verified the compliance and concurred with the owner’s or operator’s certification made under that section.
Terms Used In Ohio Code 3752.07
- Arrest: Taking physical custody of a person by lawful authority.
- Cessation of regulated operations: means the discontinuation or termination of regulated operations or the finalizing of any transaction or proceeding through which those operations are discontinued. See Ohio Code 3752.01
- 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. See Ohio Code 3752.01
- Operator: means the person responsible for the overall operation of a reporting facility. See Ohio Code 3752.01
- Outdoor location of operation: means an outdoor location at a reporting facility upon which is situated any stationary tank, vat, electrical transformer, vessel, piping, or nonstationary container that contains a regulated substance or upon which is situated any motor vehicle or rolling stock that is used for the storage or other handling of a regulated substance and that contains a regulated substance in a quantity or manner other than that necessary for the operation of the motor vehicle or rolling stock in transporting cargo. See Ohio Code 3752.01
- Owner: means the person who owns a reporting facility or part of a reporting facility. See Ohio Code 3752.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Regulated operations: means the production, use, storage, or other handling of regulated substances. See Ohio Code 3752.01
- Regulated substances: includes extremely hazardous substances, hazardous substances, flammable substances, and petroleum. See Ohio Code 3752.01
- state: means the state of Ohio. See Ohio Code 1.59
(B) Promptly after discovering that any of the entry barriers or warning signs installed pursuant to this section have been damaged, lost, or removed, the owner or operator shall repair or replace them in order to maintain the security of the building, structure, or outdoor location of operation.
(C) No person shall fail to comply with this section.
(D) Any law enforcement officer, as defined in section 2901.01 of the Revised Code, may arrest for violations of this section.
(E) Notwithstanding any section of the Revised Code relating to the distribution and crediting of fines for violations of the Revised Code, fines imposed under division (B) or (C) of section 3752.99 of the Revised Code for violations prosecuted by the prosecuting attorney of a county, a city director of law, or a village solicitor shall be credited to the general fund of the political subdivision on whose behalf the legal officer prosecuted the violation and shall be used exclusively to defray the costs to the political subdivision of enforcing this chapter and rules adopted and orders issued under it.