(A) No person shall violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it.

Terms Used In Ohio Code 1521.40

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Rule: includes regulation. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59
  • Water resources: means any waters of the state that are available or may be made available to agricultural, industrial, commercial, and domestic users. See Ohio Code 1521.01

(B) The attorney general, upon written request of the chief of the division of water resources, shall bring an action for an injunction or other appropriate legal or equitable action against any person who has violated, is violating, or is threatening to violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it.

(C) A person who violates any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it is liable to the chief for any costs incurred by the division of water resources in investigating, mitigating, minimizing, removing, or abating the violation and conditions caused by it. The chief also may assess a civil penalty of not more than five thousand dollars per day for each day a violation occurs of any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it.

(D) Upon the request of the chief, the attorney general shall bring a civil action against the responsible person to recover those costs and civil penalties in the court of common pleas of Franklin county. Money recovered under this division for violations of sections 1521.06 to 1521.063 of the Revised Code, any rule or order adopted or issued under those sections, or any term or condition of a permit issued under those sections shall be deposited in the state treasury to the credit of the dam safety fund created in section 1521.06 of the Revised Code. Money recovered under this division for violations of sections 1521.16 and 1521.22 to 1521.35 of the Revised Code, any rule or order adopted or issued under those sections, or any term or condition of a permit issued under those sections shall be deposited in the state treasury to the credit of the water management fund created in section 1521.22 of the Revised Code.

Last updated August 4, 2021 at 3:03 PM

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