(A) Sections 3704.01 to 3704.11 of the Revised Code do not limit the authority a political subdivision of the state has to adopt and enforce ordinances or regulations relative to the prevention, control, and abatement of air pollution, except that every such local ordinance or regulation shall be consistent with Chapter 3704 of the Revised Code, and shall include emission standards and other regulations which are not less stringent than the emission standards and other regulations adopted pursuant to division (E) of section 3704.03 of the Revised Code. Nothing in this section shall prohibit any such local law from controlling any air contaminant or source of air contamination which is not subject to control under regulations of the director of environmental protection.

Terms Used In Ohio Code 3704.11

  • Air contaminant: means particulate matter, dust, fumes, gas, mist, radionuclides, smoke, vapor, or odorous substances, or any combination thereof, but does not mean emissions from agricultural production activities, as defined in section 929. See Ohio Code 3704.01
  • Air pollution: means the presence in the ambient air of one or more air contaminants or any combination thereof in sufficient quantity and of such characteristics and duration as is or threatens to be injurious to human health or welfare, plant or animal life, or property, or as unreasonably interferes with the comfortable enjoyment of life or property. See Ohio Code 3704.01
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • emission: means the release into the ambient air of an air contaminant. See Ohio Code 3704.01
  • Local air pollution control authority: includes all of the following unless terminated by the political subdivisions represented thereby:

    (1) All of the following agencies representing the following political subdivisions, as those agencies existed on July 1, 1993:

    (a) The Akron regional air quality management district representing Medina, Summit, and Portage counties;

    (b) The Canton city health department representing Stark county;

    (c) The Hamilton county department of environmental services, southwest Ohio air quality agency representing Butler, Warren, Hamilton, and Clermont counties;

    (d) The city of Cleveland division of the environment representing Cuyahoga county;

    (e) The regional air pollution control agency representing Darke, Preble, Miami, Montgomery, Clark, and Greene counties;

    (f) The Lake county general health district representing Lake and Geauga counties;

    (g) The Portsmouth city health department representing Brown, Adams, Scioto, and Lawrence counties;

    (h) The city of Toledo division of pollution control representing Lucas county and the city of Rossford in Wood county. See Ohio Code 3704.01

  • Rule: includes regulation. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59

(B) No local air pollution control authority shall issue any enforcement order, grant any permit or variance, or institute any system or program that conflicts with, or is in any way inconsistent with any general plan, orders, or regulations of the director.

(C)(1) Notwithstanding any other provision of Chapter 3704 of the Revised Code or any rule adopted pursuant thereto, any municipal corporation or township may issue permits to contractors engaged in the construction of buildings for the open burning of construction debris only on the construction site, lot, or recorded plat referred to in the permit application, if such burning is supervised by an employee at all times. Construction debris which may be burned under this section shall be limited to natural wood, lumber, paper, cardboard, and wooden boxes but not including any product having a rubber or petroleum base. A municipal corporation or township may make rules applicable to issuance and use of permits as are reasonably necessary to guarantee the public health and safety and necessary to ensure the efficient operation of the permit system, and such rules may contain a schedule of fees for the permits. A municipal corporation or township may revoke a permit for violation of any provision of this section or any rule adopted by the municipal corporation or township pursuant thereto. Annually, in accordance with a schedule specified by the director of environmental protection, all municipal corporations and townships shall report to the director the number of permits issued, renewed, and revoked for the preceding calendar year.

(2) No contractor shall burn construction debris under a permit issued pursuant to division (C)(1) of this section during an air pollution alert, warning, or emergency for the area of the construction site.

  Previous section
Next section  
 Chapter 3704 Contents