Ohio Revised Code Search

...3, 1997, in accordance with the time frames specified in division (A) of section 3745.70 of the Revised Code. (G) The immunity provided by this section applies to a person who makes a good faith disclosure to a state agency under this section even though another state agency is determined to have jurisdiction over an alleged violation of environmental laws indicated in the disclosure. (H) Each state agency tha...

... section and shall submit information relevant to the report to the director not later than January 31, 2002.

...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.

... limitation, excavation, treatment, off-site disposal, the use of engineering or institutional controls or activity and use limitations, the issuance and implementation of a consolidated standards permit under section 3746.15 of the Revised Code, and the entering into and implementation of an operation and maintenance agreement pursuant to section 3746.12 of the Revised Code. (S) "Voluntary action" means a series ...

... environmental protection has issued a letter notifying the owner or operator of the property that the director will issue an enforcement order under Chapter 3704., 3734., 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 per...

...ndment or a laboratory that is not an accredited laboratory; (d) A covenant not to sue that was issued pursuant to the letter was revoked under this chapter; (e) The letter was for a voluntary action that was conducted pursuant to a risk assessment in accordance with rules adopted under division (B)(2) of this section; (f) The letter was for a voluntary action that included as remedial activities engineering...

...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 ...

...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 applicable standards established in this chapter and rules adopted under it pertaining to the intended use of the property after the completion of the voluntary action, a...

...ion 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 established in the applicable standard. (B) If the ground water underlying a property complies with standards for resid...

...echnical fields involved; (3) Be completely objective in any professional report, statement, or testimony. The certified professional shall include all relevant and pertinent information in the report, statement, or testimony when the result of an omission would or reasonably could lead to a fallacious conclusion. (4) Express an opinion as a technical or expert witness before any court, commission, or other tri...

...) The proposed alternative standard or set of standards and terms and conditions set forth in the application will result in an improvement of environmental conditions at the property and ensure that public health and safety will be protected. (3) The establishment of and compliance with the alternative standard or set of standards and terms and conditions are necessary to promote, protect, preserve, or enhance em...

...ing: (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 undertaken at the p...

...on was undertaken complies with applicable standards or shall ensure that they have been reviewed by another person or persons who performed work to support the request for the no further action letter as provided in division (B)(2) of section 3746.10 of the Revised Code. If, on the basis of the best knowledge, information, and belief of the certified professional, the certified professional concludes that the proper...

...director an original no further action letter and accompanying verification under division (A) of section 3746.11 of the Revised Code a covenant not to sue for the property that is named in the letter. The director shall not issue a covenant not to sue if an original no further action letter is submitted to the director by any person other than the certified professional who prepared the letter or if a copy of the le...

... 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 shall be submitted in the form of an affidavit subject to sectio...

... (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 performing investigational and remedial activities, if all of the following apply: (1) The person demonstrates that the person is a bona fide prospective purchaser of the facility. (2) The state's cause of action against ...

...irector receives the no further action letter for the property from the certified professional who prepared the letter under section 3746.11 of the Revised Code. (B) For property that involves the issuance of a consolidated standards permit under section 3746.15 of the Revised Code or where remedial activities for which there is a required operation and maintenance agreement or an environmental covenant under this...

... following: (1) The no further action letter issued under section 3746.11 of the Revised Code or an executive summary of it; (2) The covenant not to sue issued for the property under section 3746.12 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 ...

...ion, the director shall hold a public meeting on it in the county in which the affected property is 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...

... 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.

...erformed by certified laboratories or accredited laboratories in connection with the voluntary action program, and inspecting the facilities of those laboratories to ascertain whether their performance in connection with the program has resulted in the issuance of no further action letters that are not consistent with applicable standards. An audit may be conducted for any of the purposes identified in divisions (A...

...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.

...port a request for a no further action letter as provided in division (B)(2) of section 3746.10 of the Revised Code to submit documents and data relating to the no further action letter. No person shall fail to comply with a request made under this division. (B) In addition to any other remedy provided by law, the director may do either or both of the following in connection with a violation of division (A) of th...

...d 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 voluntary action of those findings. (B) The director, in accordance with the criteria and procedures established in rules adopted under divisio...

... (d) A certified laboratory; (e) An accredited laboratory. (2) 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...