3718.09 [Effective Until 9/17/2010] Enforcement orders - emergency orders. - Ohio Statutes

3718.09 [Effective Until 9/17/2010] Enforcement orders - emergency orders.

2007 House Bill 119 § 120.01, as amended, provides: During the period beginning July 1, 2007, and expiring July1, 2010, the operation of sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code is suspended. On July 1, 2010, sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code, in either their present form or as they are amended by this act or any other act, again become operational.

(A) A board of health may issue, modify, suspend, or revoke enforcement orders to a registration or permit holder or other person directing the holder or person to abate a violation of this chapter, any rule adopted or order issued under it, or a condition of a registration or permit issued under it within a specified, reasonable time. If an order issued under this division is neglected or disregarded, the applicable board of health may proceed in accordance with section 3707.02 of the Revised Code.

(B) The health commissioner or the commissioner’s designated representative, without prior notice or hearing and in accordance with the rules of the public health council, may issue an emergency order requiring any action necessary to meet a public health emergency regarding domestic septage management or regarding a sewage treatment system. A person to whom such an emergency order is issued immediately shall comply with the order. A person so ordered may apply to the issuer of the order for a hearing, which shall be held as soon as possible, but not later than twenty days after the issuer’s receipt of the application for a hearing.

Amended by 128th General Assembly File No. 12, HB 363, § 6, eff. 12/22/2009.

Amended by 128th General Assembly File No. 9, HB 1, § 640.20, eff. 7/17/2009.

Effective Date: 05-06-2005

This section is set out twice. See also § 3718.09, as amended by 128th General Assembly File No. 51, SB 110, § 1, eff. 9/17/2010.

3718.09 [Effective 9/17/2010] Enforcement orders – emergency orders

(A) A board of health may issue, modify, suspend, or revoke enforcement orders to a registration or permit holder or other person directing the holder or person to abate a violation of this chapter, any rule adopted or order issued under it, or a condition of a registration or permit issued under it within a specified, reasonable time. If an order issued under this division is neglected or disregarded, the applicable board of health may proceed in accordance with section 3707.02 of the Revised Code.

(B) The health commissioner or the commissioner’s designated representative, without prior notice or hearing and in accordance with the rules of the public health council, may issue an emergency order requiring any action necessary to meet a public health emergency or to prevent or abate an imminent and substantial threat to surface water or ground water regarding domestic septage management or regarding a sewage treatment system that is being operated in a manner that does not comply with this chapter or rules adopted under it. A person to whom such an emergency order is issued immediately shall comply with the order. A person so ordered may apply to the issuer of the order for a hearing, which shall be held as soon as possible, but not later than twenty days after the issuer’s receipt of the application for a hearing.

Amended by 128th General Assembly File No. 51, SB 110, § 1, eff. 9/17/2010.

Amended by 128th General Assembly File No. 12, HB 363, § 6, eff. 12/22/2009.

Amended by 128th General Assembly File No. 9, HB 1, § 640.20, eff. 7/17/2009.

Effective Date: 05-06-2005

This section is set out twice. See also § 3718.09, effective until 9/17/2010.