Ohio Revised Code Search

...Nothing in sections 3745.70 to 3745.73 of the Revised Code shall be construed to limit or affect either of the following: (A) The authority or obligation of any government agency pursuant to section 149.43 of the Revised Code; (B) Any employee protection rights under federal or state laws.

... the purposes of sections 3746.02, 3746.26, and 3746.27 of the Revised Code, means any parcel of real property, or portion thereof, and any improvements thereto, the limits of which have been described in writing by the owner of record or a legally appointed representative of the owner and that is or has been the subject of a voluntary action under this chapter and rules adopted under it. (O) "Radioactive material...

...34., or 6111. of the Revised Code, a release or threatened release of a hazardous substance or petroleum from or at the property poses a substantial threat to public health or safety or the environment, and either of the following applies: (a) The person subject to the letter does not present sufficient evidence to the director that the person has entered into the voluntary action program under this chapter and is ...

...ining fees to be paid for the following services provided by the agency under this chapter and rules adopted under it: (a) Site- or property-specific technical assistance in developing or implementing plans in connection with a voluntary action; (b) Reviewing applications for and issuing consolidated standards permits under section 3746.15 of the Revised Code and monitoring compliance with those permits; (c)...

...The director of environmental protection shall issue an environmental professional certification provided for under division (B)(5) of section 3746.04 of the Revised Code in accordance with Chapter 4796. of the Revised Code if an applicant either holds a certification or license in another state, or the applicant has satisfactory work experience, a government certification, or a private certification as described in ...

...a property or through the removal of, treatment of, transportation for treatment or disposal of, disposal of, or use of engineering controls that contain or control the release of hazardous substances or petroleum at or from a property. Any such institutional controls or activity and use limitations that restrict the use of a property shall ensure that the property is used only for purposes that comply with the appli...

...(A) If applicable standards otherwise established in this chapter and rules adopted under it establish a contamination level for a hazardous substance or petroleum that is below the background level of the hazardous substance or petroleum, the voluntary action conducted at a property is required to achieve only the background level of the hazardous substance or petroleum, notwithstanding the contamination level estab...

...quality of the certified professional's service to the employer or client. (3) A certified professional shall not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties or their duly authorized agents. (4) A certified professional shall not solicit or accept...

... following: (a) It is technically infeasible to comply with the applicable standards otherwise established at the property named in the application; (b) The costs of complying with the applicable standards otherwise established at the property substantially exceed the economic benefits. (2) The proposed alternative standard or set of standards and terms and conditions set forth in the application will result...

...oth of the following: (a) Utilize the services of an accredited laboratory to perform any analyses that form the basis for the issuance of a no further action letter for a property and ensure that a laboratory performs in connection with a voluntary action only those analyses for which it is accredited; (b) Utilize the services of a certified professional to verify that the property and any remedial activities un...

... undertaken to 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 ge...

...g, as applicable: (1) A provision releasing the person who undertook the voluntary action from all civil liability to this state to perform additional investigational and remedial activities to address a release of hazardous substances or petroleum when the property has undergone a phase I or a phase II property assessment in compliance with this chapter and rules adopted under it or has been the subject of remedi...

...sociated with the voluntary action are reasonable.

...de 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 is immune from liability to this state for ...

...ovided in division (D) of this section, each person who is issued a covenant not to sue under this section shall pay the fee established pursuant to rules adopted under division (B)(7) of section 3746.04 of the Revised Code. Until those rules become effective, each person who is issued a covenant not to sue shall pay a fee of two thousand dollars. The fee shall be paid to the director at the time that the no further ...

...(A) Except as otherwise provided in division (B) of this section, the person to whom a covenant not to sue for a property has been issued under section 3746.12 of the Revised Code shall file for recording in the office of the county recorder of the county in which the property is located a true and accurate copy of all of the following: (1) The no further action letter issued under section 3746.11 of the Revised Cod...

...s located or in an adjacent county. At least thirty days prior to holding the public meeting, the director shall publish notice of the meeting in a newspaper of general circulation in the county in which the property is located and, if the affected property is located in close proximity to the boundary of the county with an adjacent county, as determined by the director, shall publish notice of the meeting in a newsp...

...ed 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 rules adopted under it.

...director during the preceding calendar year under section 3746.11 of the Revised Code audits of not less than twenty-five per cent of the letters pertaining to voluntary actions that involved remedial activities and not less than twenty-five per cent of the letters pertaining to voluntary actions that did not involve remedial activities. Audits conducted pursuant to contracts entered into under division (D) of this s...

...ivity and use limitations applicable to each of them. At least once every five years, the director or an authorized representative of the director shall visually inspect each such property to determine whether the property is being used in compliance with the applicable institutional controls or activity and use limitations.

...(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...

...(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...

...contractor thereof, shall withhold, conceal, or destroy any data, information, records, or documents relating to a voluntary action.

...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 property, real or personal, that is owned or operated by a person who is participating or has participated in the voluntary action program under this chapter and ru...

... not more than ten thousand dollars for each day of each violation. Whoever violates section 3746.15 of the Revised Code in a manner that otherwise would constitute a violation of Chapter 3704. of the Revised Code or rules adopted under it shall pay a civil penalty of not more than twenty-five thousand dollars for each day of each violation. The attorney general, the prosecuting attorney of the county, or the city di...