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7.S.1 and 7.S.3
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Rule 3737-1-04 | Annual petroleum underground storage tank financial assurance fee, certification of compliance, and financial responsibility.

...(A) Effective April 1, 1991, and each year thereafter in which the unobligated balance of the financial assurance fund does not exceed forty-five million dollars on the date of the board's determination of the annual financial assurance fee for the succeeding fiscal year, the board shall assess a fee for each tank comprising an underground storage tank or an underground storage tank system that co...

Rule 3737-1-04.1 | Coverage reinstatement.

...(A) Where the board has not issued a valid certificate of coverage to a responsible person for a given underground storage tank, for the prior two or more consecutive fiscal years, the responsible person shall: (1) Comply with the requirements of rule 3737-1-04 of the Administrative Code; and (2) Certify that, prior to payment, no release has been suspected or confirmed from the underground ...

Rule 3737-1-06 | The deductible and the reduced deductible.

...(A) The deductible is fifty-five thousand dollars, which deductible may thereafter be modified by the board pursuant to rule 3737-1-15 of the Administrative Code. (B) Any responsible person owning, or owning or operating, a total of six or fewer tanks may purchase the reduced deductible of eleven thousand dollars, which reduced deductible may thereafter be modified by the board pursuant to rule 3737-1-15 of the Admi...

Rule 3737-1-06 | The deductible and the reduced deductible.

...(A) The deductible is fifty-five thousand dollars. The board may modify the deductible in accordance with rule 3737-1-15 of the Administrative Code. (B) Any responsible person owning, or owning or operating, a total of six or fewer tanks may purchase the reduced deductible of eleven thousand dollars. If a responsible person eligible to elect the reduced deductible purchases the reduced deductible...

Rule 3737-1-07 | Establishing fund eligibility for corrective action costs.

...(A) As a prerequisite to determining fund payment of or reimbursement for corrective action costs for an accidental release of petroleum, the director of the fund shall issue a determination of eligibility for payment of or reimbursement for such costs where all of the following conditions are established: (1) Receipt of an application for eligibility, from a responsible person, within one year ...

Rule 3737-1-07 | Establishing fund eligibility for corrective action costs.

...(A) As a prerequisite to determining fund payment of or reimbursement for corrective action costs for an accidental release of petroleum, the director of the fund shall issue a determination of eligibility for payment of or reimbursement for such costs where all of the following conditions are established: (1) Receipt of an application for eligibility, from a responsible person, within one year ...

Rule 3737-1-09 | Limitations of fund coverage.

...(A) Nothing in this chapter shall be construed to authorize reimbursement for: (1) Costs of corrective actions for releases prior to July 1, 1989; (2) Costs of corrective action for a release for which eligibility for reimbursement was not sought or the director has issued a determination denying eligibility for reimbursement; (3) Litigation costs of any kind incurred by a responsible perso...

Rule 3737-1-09 | Limitations of fund coverage.

...(A) Nothing in this chapter shall be construed to authorize reimbursement for: (1) Costs of corrective actions for releases prior to July 1, 1989; (2) Costs of corrective action for a release for which eligibility for reimbursement was not sought or the director has issued a determination denying eligibility for reimbursement; (3) Litigation costs of any kind incurred by a responsible perso...

Rule 3737-1-09.1 | Inclusions of fund coverage.

...(A) The following costs shall be specifically reimbursable: (1) Except where prohibited by paragraph (A)(17) of rule 3737-1-09 of the Administrative Code, markup on reimbursable subcontractor charges, including but not limited to the following, but only to the extent that the total amount of all markups is not greater than ten per cent of the reimbursable costs: (a) Drilling services; (b) Soil ...

Rule 3737-1-12 | Application for reimbursement.

...(A) Responsible persons shall file an application on a form prescribed by the director for reimbursement for costs actually incurred in conducting corrective action within one year from the completion date of the program task, as described below. If the responsible person fails to make a timely application for reimbursement under this rule, the costs associated with the task shall be denied. (B)...

Rule 3737-1-12.1 | Mandatory and voluntary pre-approval of corrective action costs.

...(A) For corrective actions to be performed in accordance with all versions of rule 1301:7-9-13 of the Administrative Code, the responsible person shall submit to the director an application for initial pre-approval of costs for pending corrective actions, as follows: (1) Simultaneously with the submission of an interim response action notification to the fire marshal, where prior approval of ...

Rule 3737-1-12.1 | Mandatory and voluntary pre-approval of corrective action costs.

...(A) For corrective actions to be performed in accordance with all versions of rule 1301:7-9-13 of the Administrative Code, the responsible person shall submit to the director an application for initial pre-approval of costs for pending corrective actions, as follows: (1) Simultaneously with the submission of an interim response action notification to the fire marshal, where prior approval of ...

Rule 3737-1-16 | Third-party claims.

...(A) Reimbursement or payment from the fund for compensation paid or to be paid for third-party claims shall be limited to the reasonable costs of bodily injury or property damage, if any, if the responsible person was in compliance with rule 3737-1-19 of the Administrative Code at the time the judgment or settlement was entered and the responsible person has been determined eligible for reimburse...

Rule 3737-1-16 | Third-party claims.

...(A) Reimbursement or payment from the fund for compensation paid or to be paid for third-party claims shall be limited to the reasonable costs of bodily injury or property damage, if any, if the responsible person was in compliance with rule 3737-1-19 of the Administrative Code at the time the judgment or settlement was entered and the responsible person has been determined eligible for reimburse...

Rule 3737-1-19 | Establishing fund eligibility for third-party claims.

...(A) As a prerequisite to determining fund payment or reimbursement for compensation paid or to be paid for third-party claims for bodily injury or property damages caused by the accidental release of petroleum resulting in the need for corrective action, the director of the fund shall issue a determination of eligibility where all of the following conditions are established: (1) Receipt of an ...

Rule 3737-1-22 | Subrogation.

...(A) The responsible person shall not in any manner do any act that will impair the board's subrogation rights. The responsible person shall: (1) Notify the board in writing within thirty days of any action by another party causing and/or contributing to an accidental release of petroleum from an assured underground storage tank system or other sources; (2) Notify the board of the identity of all other parties agai...

Rule 3737-1-23 | Access and maintenance of confidential personal information.

...For purposes of confidential personal information that is maintained by the board, the following definitions apply: (A) Definitions: (1) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive. (2) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a co...

Rule 3737-1-23 | Access and maintenance of confidential personal information.

...For purposes of confidential personal information that is maintained by the board, the following definitions apply: (A) Definitions: (1) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive. (2) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this ...

Rule 3745-1-02 | Definitions.

...[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-1-03 of the Administrative Code.] (A) Acronyms and abbreviations used in this chapter shall be defined as listed in this paragraph. AAC Acute aquatic criterion AAV Acute aquatic value ACR Acute-chro...

Rule 3745-1-02 | Definitions.

...[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-1-03 of the Administrative Code.] (A) Acronyms and abbreviations used in this chapter are defined as follows: AAC Acute aquatic criterion AAV Acute aquatic value ACR Acute-chronic ratio ADE Acce...

Rule 3745-1-03 | Analytical methods and availability of documents.

...(A) Analytical methods. (1) All methods of analysis used in applying any of the chemical-specific and bacteriological criteria in this chapter shall be in accordance with those prescribed in 40 C.F.R. 136, except for chlorophyll a and pheophytin a, which shall be in accordance with EPA method 445.0, and free cyanide, which shall be in accordance with ASTM D7237-10, as cited in paragraph (B) of th...

Rule 3745-1-03 | Analytical methods and availability of documents.

...(A) Analytical methods. (1) All methods of analysis used in applying any of the chemical-specific and bacteriological criteria in this chapter shall be in accordance with those prescribed in 40 C.F.R. 136 and 405-471, except for chlorophyll a and pheophytin a, which shall be in accordance with EPA method 445.0 as cited in paragraph (B) of this rule. (2) All methods of sample collection and p...

Rule 3745-1-05 | Antidegradation.

...[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-1-03 of the Administrative Code.] (A) Definitions. [Comment: The following definitions are in addition to the definitions contained in rule 3745-1-02 of the Administrative Code.] (1) "Available pollutant assim...

Rule 3745-1-06 | Mixing zone demonstration and sizing requirements.

...[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-1-03 of the Administrative Code.] (A) Non-thermal mixing zones. Pursuant to this chapter, where necessary to attain or maintain the use designation for a surface water by these water quality standards, the direc...

Rule 3745-1-06 | Mixing zone demonstration and sizing requirements.

...[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-1-03 of the Administrative Code.] (A) Non-thermal mixing zones. Pursuant to this chapter, where necessary to attain or maintain the use designation for a surface water by these water quality standards, the direc...