Ohio Code 3734.30 – State’s liability for injury or damage
The state i s immune from liability for any injury or damage resulting from a ny of the following:
Terms Used In Ohio Code 3734.30
- Agency: means the environmental protection agency. See Ohio Code 3734.01
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Hazardous waste: includes any substance identified by regulation as hazardous waste under the "Resource Conservation and Recovery Act of 1976" 90 Stat. See Ohio Code 3734.01
- Person: includes the state, any political subdivision and other state or local body, the United States and any agency or instrumentality thereof, and any legal entity defined as a person under section 1. See Ohio Code 3734.01
- state: means the state of Ohio. See Ohio Code 1.59
(A) Operation of a hazardous waste facility, solid waste facility, or construction and demolition debris facility by a person other than an agency, department, or institution of the state;
(B) Conditions present at a facility that is acquired by the state by gift or devise ;
(C) Activities conducted pursuant to section 3734.20 or 3734.21 of the Revised Code, remediation activities for which money may be expended pursuant to section 3734.281 of the Revised Code, or activities for which money may be expended pursuant to section 3714.071 or 3734.85, provided that those activities do not constitute reckless, willful, or wanton misconduct.
The liability of the state, if any, in other circumstances regarding hazardous waste, solid waste, or construction and demolition debris shall be determined in accordance with Chapter 2743 of the Revised Code.