Ohio Revised Code Search
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Section 3746.10 | Identification and addressing sources of contamination.
... and are contained in a proposed environmental covenant that meets the requirements established in section 5301.82 of the Revised Code. (4) If the remedy relies on engineering controls that contain or control the release of hazardous substances or petroleum at or from the property, a plan for the proper operation and maintenance of the engineering controls. (D) Except as otherwise specifically provided in this ch... |
Section 3746.11 | No further action letter duties for certified professional.
... mitigate or abate any threat to public health and safety and the environment, including, without limitation, all of the following: (1) A description of the nature and extent of contamination emanating from sources on the property; (2) A risk assessment performed in accordance with rules adopted under division (B)(2) of section 3746.04 of the Revised Code if such an assessment was used in lieu of generic numerica... |
Section 3746.12 | Issuing or denying covenant not to sue.
...that the remedy is protective of public health and safety and the environment; that includes provisions requiring the person to conduct monitoring for compliance with the engineering controls and the applicable standards upon which issuance of the covenant was based, and periodically to report the findings of the monitoring to the director, as specified in the agreement; and that includes financial assurances that th... |
Section 3746.121 | Verifying eligible costs for tax credit purposes.
...Upon receiving a request submitted under section 122.16 of the Revised Code for verification of eligible costs associated with a voluntary action incurred by the applicant for the agreement under that section, a certified professional shall submit to the director of development verification of the eligible costs associated with the voluntary action as defined in section 122.16 of the Revised Code. The verification sh... |
Section 3746.122 | Affirmative defense to action for release of hazardous substances from facility.
...(A) As used in this section : (1) "Bona fide prospective purchaser" has the same meaning as in 42 U.S.C. 9601, including the requirement that a person acquired ownership of a facility after January 11, 2002. (2) "Facility" has the same meaning as in 42 U.S.C. 9601. (B) In a civil action to address a release or threatened release of hazardous substances from a facility, it is an affirmative defense, and a person... |
Section 3746.13 | Issuing of covenant not to sue.
... and maintenance agreement or an environmental covenant under this chapter or sections 5301.80 to 5301.92 of the Revised Code, as applicable, are used to comply with applicable standards, the director of environmental protection shall issue a covenant not to sue pursuant to section 3746.12 of the Revised Code by issuance of an order and as a final action under Chapter 3745. of the Revised Code within thirty days afte... |
Section 3746.14 | Filing papers with county recorder.
...12 of the Revised Code; (3) The environmental covenant for the property, if any, proposed pursuant to division (C)(3)(b) of section 3746.10 of the Revised Code and executed under section 5301.82 of the Revised Code. The documents specified in divisions (A)(1) to (3) of this section shall be recorded in the same manner as a deed to the property. The no further action letter, covenant not to sue, and environmental co... |
Section 3746.15 | Consolidated standards permit.
...als, or other approvals from the environmental protection agency in connection with the voluntary action under Chapter 3704., 3714., 3734., or 6111. of the Revised Code or rules adopted under any of those chapters, or under the "Federal Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended, the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as ... |
Section 3746.16 | Voluntary action program administration fund.
...eys collected by the director of environmental protection under this chapter and rules adopted under it shall be forwarded to the treasurer of state who shall deposit them to the credit of the voluntary action program administration fund, which is hereby created in the state treasury. The director shall expend moneys in the fund exclusively for the implementation, administration, and enforcement of this chapter and r... |
Section 3746.17 | Audits.
...(A) The director of environmental protection shall conduct audits in connection with no further action letters issued under section 3746.11 of the Revised Code for all of the following purposes: (1) Determining whether after completion of the voluntary actions under this chapter and rules adopted under it, the properties where the voluntary actions were conducted meet applicable standards; (2) Reviewing the quali... |
Section 3746.171 | Maintaining record of properties with institutional controls.
...The director of environmental protection shall maintain a record of the properties for which covenants not to sue were issued under section 3746.12 of the Revised Code that involve institutional controls or activity and use limitations that restrict the use of the properties in order to comply with applicable standards. The records pertaining to those properties shall indicate the use restrictions or activity and use... |
Section 3746.18 | Request for supporting documents and data.
...(A) The director of environmental protection may request a certified professional or certified laboratory or accredited laboratory to provide the director documents and data for the purposes of verifying the qualifications of the professional or laboratory or auditing the performance of the professional or laboratory in connection with voluntary actions conducted under this chapter and rules adopted under it or may r... |
Section 3746.19 | Notice of noncompliance by certified professional or laboratory.
...(A) If the director of environmental protection finds that the performance of a certified professional or certified laboratory has resulted in the issuance of no further action letters under section 3746.11 of the Revised Code that are not consistent with applicable standards, the director shall notify persons for whom the certified professional or certified laboratory has performed work in connection with a voluntar... |
Section 3746.20 | Documents submitted by affidavit.
... Any information submitted by an environmental professional to the director of environmental protection for the purposes of complying with rules adopted under division (B)(5)(a) or (c) of section 3746.04 of the Revised Code; (3) The verification of eligible costs associated with a voluntary action submitted by a certified professional to the director of development pursuant to section 3746.121 of the Revised Code. ... |
Section 3746.21 | Right of entry.
...he Revised Code, the director of environmental protection or the director's authorized representative, upon proper identification and upon stating the necessity and purpose of an inspection, may enter at reasonable times upon any of the following: (1) Any public or private property at which a voluntary action has been or is being conducted under this chapter and rules adopted under it; (2) Any public or private... |
Section 3746.22 | Prosecutions.
...itten request of the director of environmental protection, shall criminally prosecute to termination or bring an action for injunction in any court of competent jurisdiction against any person who has violated or is violating any of those sections. The court in which an action for injunction is filed has the jurisdiction to and shall grant preliminary and permanent injunctive relief upon a showing that the person aga... |
Section 3746.23 | Civil action for recovering costs of conducting voluntary action.
... Any oversight costs paid to the environmental protection agency; (7) Reasonable attorney's fees, court costs, and other expenses in connection with the action brought under this section. "Costs of conducting the voluntary action" does not include the costs of any work performed at the property to render it suitable for a higher use than its current use or its most recent demonstrable use that is in addition to the... |
Section 3746.24 | Tort actions - immunity.
...Revised Code and the director of environmental protection as the providers of assistance under section 6111.036 or Chapter 6123. of the Revised Code to any person undertaking a voluntary action. (C)(1) This section does not create, and shall not be construed as creating, a new cause of action against or substantive legal right against this state or a person, political subdivision of this state, or public utility, or... |
Section 3746.25 | State, officers or employees - immunity.
...(A) As used in this section: (1) "Harm" means injury, death, or loss to person or property. (2) "Tort action" means a civil action for damages for harm and includes a civil action under section 3746.23 of the Revised Code for recovery of the costs of conducting a voluntary action, but does not include a civil action for damages for a breach of contract or another agreement between persons or for a breach of a warra... |
Section 3746.26 | Exempting persons holding indicia of ownership in property primarily to protect security interest.
...king control over the borrower's environmental compliance such that the holder has undertaken responsibility for the borrower's hazardous substance or petroleum handling or disposal practices; (b) Exercises control at a level comparable to that of a manager of the borrower's enterprise such that the holder has assumed or manifested responsibility for the overall management of the enterprise encompassing the day-to-d... |
Section 3746.27 | Exempting fiduciary or trustee.
...(A) A fiduciary or trustee who acquires ownership or control of property without having owned, operated, or participated in the management of the property prior to acquiring ownership or control of it is not liable for the costs of conducting a voluntary action in a civil action brought under section 3746.23 of the Revised Code in connection with a voluntary action undertaken at the property or for the costs of ident... |
Section 3746.28 | Evidence of entry into or participation in program.
...constitute a threat or danger to public health or safety or the environment. |
Section 3746.29 | Authority of director.
...minent and substantial threat to public health or safety or the environment. |
Section 3746.30 | No effect on obligations, rights and liabilities arising under other state and federal laws.
...ulatory commission or the department of health in connection with radioactive materials regulated under that act or those chapters. (D) Nothing in this chapter alters, abridges, abrogates, diminishes, or otherwise limits the rights or protections afforded any shareholder, director, officer, or employee, or, in the case of a partnership, any general or limited partner, under the Revised Code and common law of this st... |
Section 3746.31 | Copies of materials provided upon request.
...ist submitted to the director of environmental protection pursuant to rules adopted under division (B)(6)(e) of section 3746.04 of the Revised Code, as applicable, the director, within a reasonable period of time after receipt of the request, shall provide copies of the requested materials to the person. If the requested materials are not on file in the offices of the environmental protection agency, the director, pr... |