2006 Ohio Revised Code - 4905.83. Forfeiture for violations; enforcement actions.

§ 4905.83. Forfeiture for violations; enforcement actions.
 

(A) (1)  Whoever violates division (F) of section 4905.80, division (B) of section 4905.81, or division (E) of section 4923.20 of the Revised Code, or a rule adopted under division (C) of section 4919.79, division (D) or (E) of section 4921.04, division (B) or (C) of section 4923.03, or division (B) or (C) of section 4923.20 of the Revised Code, or an order of the public utilities commission issued to secure compliance with any such statutory provision or rule, when transporting hazardous materials or offering hazardous materials for transportation, is liable to the state for a forfeiture of not more than ten thousand dollars for each day of each violation. Only for such violations that constitute violations of the "Hazardous Materials Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 1804 and 1805, or regulations adopted under the act, the commission, in determining liability, shall use the same standard of culpability for civil forfeitures under this section as that set forth for civil penalties under section 12 of the "Hazardous Materials Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 1809. The commission, after providing reasonable notice and the opportunity for a hearing in accordance with the procedural rules adopted under section 4901.13 of the Revised Code, shall assess, by order, a forfeiture upon a person who the commission determines committed the violation. In determining the amount of the forfeiture, the commission shall consider the assessment considerations for civil penalties specified in regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801. 

The attorney general, upon the written request of the commission, shall bring a civil action in the court of common pleas of Franklin county to collect a forfeiture assessed under this section. 

(2) The attorney general, upon the written request of the commission, shall bring an action for injunctive relief in the court of common pleas of Franklin county against any person who has violated or is violating any order issued by the commission to secure compliance with any statutory provision or rule enumerated in division (A)(1) of this section. The court of common pleas of Franklin county has jurisdiction to and may grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated or is violating any such order. The court shall give precedence to such an action over all other cases. 

In addition to the enforcement remedies provided in this chapter, whenever the commission has good cause to believe that it has discovered a violation involving the transportation or offering for transportation of hazardous waste, as defined in section 3734.01 of the Revised Code, it may refer the matter to the attorney general to initiate enforcement action as the attorney general considers appropriate under sections 3734.10 and 3734.13 of the Revised Code. 

Nothing in this chapter limits or in any way restricts any enforcement action taken under Chapter 3734. of the Revised Code. 

(B)  The amount of any forfeiture may be compromised at any time prior to the referral of the case to the attorney general for collection of the forfeiture. The commission shall adopt rules governing the manner in which the amount of a forfeiture may be established by agreement prior to the hearing on the forfeiture before the commission. 

(C)  The proceedings of the commission specified in division (A) of this section are subject to and governed by Chapter 4903. of the Revised Code, except as otherwise specifically provided in this section. The court of appeals of Franklin county has exclusive, original jurisdiction to review, modify, or vacate an order of the commission issued to secure compliance with any statutory provision or rule enumerated in division (A)(1) of this section and an order issued under division (A)(1) of this section assessing a forfeiture. The court of appeals shall hear and determine those appeals in the same manner, and under the same standards, as the supreme court hears and determines appeals under that chapter. 
 

The judgment of the court of appeals is final and conclusive unless reversed, vacated, or modified on appeal. Such appeals may be taken either by the commission or the person to whom the compliance order or forfeiture assessment was issued and shall proceed as in the case of appeals in civil actions as provided in the Rules of Appellate Procedure and Chapter 2505. of the Revised Code. 

(D)  Section 4903.11 of the Revised Code does not apply to an appeal of an order issued to secure compliance with any statutory provision or rule enumerated in division (A)(1) of this section or an order issued under division (A)(1) of this section assessing a forfeiture. Any person to whom any such order is issued who wishes to contest a compliance order, the fact of the violation, or the amount of the forfeiture shall file a notice of appeal, setting forth the order appealed from and the errors complained of, within sixty days after the entry of the order upon the journal of the commission. The notice of appeal shall be served, unless waived, upon the chairman of the commission or, in the event of his absence, upon any public utilities commissioner, or by leaving a copy at the office of the commission at Columbus. An order issued by the commission to secure compliance with any statutory provision or rule enumerated in division (A)(1) of this section or an order issued under division (A)(1) of this section assessing a forfeiture shall be reversed, vacated, or modified on appeal if, upon consideration of the record, the court is of the opinion that the order was unlawful or unreasonable. 
 

HISTORY: 142 v H 428 (Eff 9-26-88); 145 v H 647 (Eff 7-22-94); 146 v H 117. Eff 9-29-95.
 

The effective date is set by section 197 of HB 117.