3745.31 Statute of limitations.
3745.31 Statute of limitations.
(A) As used in this section, “environmental law” means sections 903.08, 903.17, and 3737.87 to 3737.882 and Chapters 3704., 3734., 3745., 3750., 3751., 3752., 3753., 6109., and 6111. of the Revised Code; any rule adopted under those sections or chapters or adopted for the purpose of implementing those sections or chapters; and any applicable provisions of Chapter 3767. of the Revised Code when an environmentally related nuisance action is brought.
(B)(1) Except as provided in division (B)(2) of this section, any action under any environmental law for civil or administrative penalties of any kind brought by any agency or department of the state or by any other governmental authority charged with enforcing environmental laws shall be commenced within five years of the time when the agency, department, or governmental authority actually knew or was informed of the occurrence, omission, or facts on which the cause of action is based.
(2) If an agency, department, or governmental authority actually knew or was informed of an occurrence, omission, or facts on which a cause of action is based prior to the effective date of this section, the cause of action for civil or administrative penalties of any kind for the alleged violation shall be commenced not later than five years after the effective date of this section.
(C) Division (B) of this section applies only if, during the time periods established in that division, proper service of process can be given in accordance with the Rules of Civil Procedure and jurisdiction of a court in this state can be obtained.
(D) The time periods established in division (B) of this section may be tolled by mutual agreement between the enforcing agency, department, or authority and the person who is subject to a civil or administrative penalty of any kind under an environmental law.
(E) When an action seeks injunctive relief or another remedy in addition to a remedy of civil or administrative penalties of any kind under an environmental law, division (B) of this section applies only to the remedy of civil or administrative penalties of any kind.
(F) Beginning on the first anniversary of the effective date of this section and for four years thereafter, the director of environmental protection and the fire marshal shall each annually submit a report concerning the aggregate number of enforcement cases that are based on occurrences, omissions, or facts about which the director or the fire marshal actually knew or was informed prior to the effective date of this section for which a cause of action has not been brought pursuant to division (B)(2) of this section as of the date of the report. The respective reports submitted by the director and the fire marshal shall only address the aggregate number of occurrences, omissions, or facts under environmental laws concerning which the director or fire marshal has regulatory authority. The respective reports submitted by the director and the fire marshal shall not include any names, addresses, or other identifying information. The report shall be submitted to the speaker of the house of representatives, the president of the senate, and the chairpersons of the standing committees of the house of representatives and the senate that are primarily responsible for considering environmental issues.
Effective Date: 07-23-2002