Ohio Admin. Code 3750-50-03 - Emergency planning and community right-to-know fund
(A) Moneys received
by the commission for filing fees based upon an owner or operator's annual
chemical inventory filing fee under rule
3750-50-01
of the Administrative Code, fees collected for actual costs in accessing files
and records submitted to the commission pursuant to division (B)(2)(c)(x) of
section 3750.02 of the Revised Code, and
civil penalties imposed under division (B) of section
3750.20 of the Revised Code,
shall be credited to the "Emergency Planning and Community Right-To-Know Fund"
(hereinafter referred to as "fund") created in section
3750.14 of the Revised Code for
the implementation and administration of Chapter 3750. of the Revised
Code.
(B) Moneys collected by the
commission pursuant to paragraph (A) of this rule shall be credited to the fund
until an aggregate amount of five million dollars has been accumulated during a
state fiscal year. All moneys in excess of five million dollars received during
a state fiscal year shall be credited to the "Emergency planning and Community
Right-To-Know Reserve Fund" (hereinafter referred to as "Reserve Fund") created
in section 3750.14 of the Revised Code and
established in rule
3750-50-20
of the Administrative Code.
(C) The
commission shall administer both the fund and reserve fund.
(D) The commission shall annually determine
allocation of the fund on or before May first of each year. The commission
shall allocate moneys in the fund through a grant program adopted by the
commission to each of the following entities or classes of entities in the
percentages stated:
(1) To the commission, not
less than fifteen nor more than twenty-five per cent of the moneys in the
fund;
.
(2) To
the committees, not less than sixty-five nor more than seventy-five per cent of
the moneys in the fund;
.
(3) To
fire departments, not less than five nor more than fifteen per cent of the
moneys in the fund.
(E)
The allocated moneys shall be distributed annually at the start of each state
fiscal year to the commission, state agencies represented on the commission,
committees and fire departments. The commission's decisions on the distribution
of moneys from the fund are not appealable.
(F) Moneys received by the commission, state
agencies represented on the commission, committees and fire departments under
this rule shall not be used to do any of the following:
(1) Acquire first response equipment as
defined under paragraph (T) of rule
3750-1-01
of the Administrative Code, except as otherwise provided in paragraph (E)(2) of
rule
3750-50-10
of the Administrative Code;
.
(2) Defray costs for copying and mailing
hazardous chemical lists, material safety data sheets, or emergency and
hazardous chemical inventory forms submitted under Chapter 3750. of the Revised
Code for distribution to the public;
.
(3)
Reimburse any person for expenditures accrued or associated with an emergency
response and cleanup of a release of oil, a hazardous substance or an extremely
hazardous substance;
.
(4)
Perform any assessment of damages to natural resources resulting from a release
of oil, a hazardous substance, or an extremely hazardous substance.
(G) Monies received by the
commission, state agencies represented on the commission, committees and fire
departments under this rule may only be used to do those things necessary,
incidental, or appropriate to implement, administer and enforce Chapter 3750.
of the Revised Code and rules adopted thereunder.
Notes
Promulgated Under: 119.03
Statutory Authority: 3750.02
Rule Amplifies: 3750.14, 3750.15
Prior Effective Dates: 02/22/1990 (Emer.), 06/30/1990, 04/06/1999, 06/05/2006, 10/29/2011, 11/18/2017
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(7)
Rule Amplifies: 3750.14, 3750.15
Prior Effective Dates: 2/22/90 (Emer.), 6/30/90, 4/6/99, 6/5/06, 10/29/11
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.