Section 1. That sections 123.01, 317.08, 3734.22, 3734.24, | 13 |
3734.25, 3734.26, 3737.88, 3737.882, 3745.01, 3746.01, 3746.04, | 14 |
3746.05, 3746.10, 3746.11, 3746.13, 3746.14, and 3746.171 be | 15 |
amended and sections 5301.80, 5301.81, 5301.82, 5301.83, 5301.84, | 16 |
5301.85, 5301.86, 5301.87, 5301.88, 5301.89, 5301.90, 5301.91, and | 17 |
5301.92 of the Revised Code be enacted to read as follows: | 18 |
(1) To prepare, or contract to be prepared, by licensed | 23 |
engineers or architects, surveys, general and detailed plans, | 24 |
specifications, bills of materials, and estimates of cost for any | 25 |
projects, improvements, or public buildings to be constructed by | 26 |
state agencies that may be authorized by legislative | 27 |
appropriations or any other funds made available therefor, | 28 |
provided that the construction of the projects, improvements, or | 29 |
public buildings is a statutory duty of the department. This | 30 |
section does not require the independent employment of an | 31 |
architect or engineer as provided by section 153.01 of the
Revised | 32 |
Code in the cases to which that section applies nor
affect or | 33 |
alter the existing powers of the director of
transportation. | 34 |
(3) To make contracts for and supervise the construction
of | 40 |
any projects and improvements or the construction and repair
of | 41 |
buildings under the control of a state agency, except
contracts | 42 |
for the repair of buildings under the management and
control of | 43 |
the departments of public safety, job and
family services,
mental | 44 |
health, mental retardation and developmental disabilities, | 45 |
rehabilitation and correction, and youth services, the bureau of | 46 |
workers' compensation, the
rehabilitation
services commission, and | 47 |
boards of trustees of educational and
benevolent institutions. | 48 |
These contracts shall be made and
entered into by the directors of | 49 |
public safety, job and
family services,
mental health, mental | 50 |
retardation and developmental disabilities,
rehabilitation and | 51 |
correction, and youth services, the
administrator of workers' | 52 |
compensation, the rehabilitation services commission,
and the | 53 |
boards of
trustees of such institutions, respectively. All such | 54 |
contracts
may be in whole or in part on unit price basis of | 55 |
maximum
estimated cost, with payment computed and made upon actual | 56 |
quantities or units. | 57 |
(9) To lease or grant easements or licenses for
unproductive | 75 |
and unused lands or other property under the control
of a state | 76 |
agency. Such leases, easements, or licenses shall be
granted for a | 77 |
period not to exceed fifteen years and shall be
executed for the | 78 |
state by the director of administrative services
and the governor | 79 |
and shall be approved as to form by the attorney
general, provided | 80 |
that leases, easements, or licenses may be
granted to any county, | 81 |
township, municipal corporation, port
authority, water or sewer | 82 |
district, school district, library
district, health district, park | 83 |
district, soil and water
conservation district, conservancy | 84 |
district, or other political
subdivision or taxing district, or | 85 |
any agency of the United
States government, for the exclusive use | 86 |
of that agency,
political subdivision, or taxing district, without | 87 |
any right of
sublease or assignment, for a period not to exceed | 88 |
fifteen years,
and provided that the director shall grant leases, | 89 |
easements, or
licenses of university land for periods not to | 90 |
exceed twenty-five
years for purposes approved by the respective | 91 |
university's board
of trustees wherein the uses are compatible | 92 |
with the uses and
needs of the university and may grant leases of | 93 |
university land
for periods not to exceed forty years for purposes | 94 |
approved by
the respective university's board of trustees pursuant | 95 |
to section
123.77 of the Revised Code. | 96 |
(14) To lease for a period not to exceed forty years, | 107 |
pursuant to a contract providing for the construction thereof | 108 |
under a lease-purchase plan, buildings, structures, and other | 109 |
improvements for any public purpose, and, in conjunction | 110 |
therewith, to grant leases, easements, or licenses for lands
under | 111 |
the control of a state agency for a period not to exceed
forty | 112 |
years. The lease-purchase plan shall provide that at the
end of | 113 |
the lease period, the buildings, structures, and related | 114 |
improvements, together with the land on which they are situated, | 115 |
shall become the property of the state without cost. | 116 |
(a) Whenever any building, structure, or other improvement
is | 117 |
to be so leased by a state agency, the department shall retain | 118 |
either basic plans, specifications, bills of materials, and | 119 |
estimates of cost with sufficient detail to afford bidders all | 120 |
needed information or, alternatively, all of the following plans, | 121 |
details, bills of materials, and specifications: | 122 |
(b) The department shall give public notice, in such | 135 |
newspaper, in such form, and with such phraseology as the
director | 136 |
of administrative services prescribes, published once
each week | 137 |
for four consecutive weeks, of the time when and place
where bids | 138 |
will be received for entering into an agreement to
lease to a | 139 |
state agency a building, structure, or other
improvement. The last | 140 |
publication shall be at least eight days
preceding the day for | 141 |
opening the bids. The bids shall contain
the terms upon which the | 142 |
builder would propose to lease the
building, structure, or other | 143 |
improvement to the state agency.
The form of the bid approved by | 144 |
the department shall be used, and
a bid is invalid and shall not | 145 |
be considered unless that form is
used without change, alteration, | 146 |
or addition. Before submitting
bids pursuant to this section, any | 147 |
builder shall comply with
Chapter 153. of the Revised Code. | 148 |
(c) On the day and at the place named for receiving bids
for | 149 |
entering into lease agreements with a state agency, the
director | 150 |
of administrative services shall open the bids and shall
publicly | 151 |
proceed immediately to tabulate the bids upon duplicate
sheets. No | 152 |
lease agreement shall be entered into until the
bureau of workers' | 153 |
compensation has certified that the person to
be awarded the lease | 154 |
agreement has complied with Chapter 4123. of
the Revised Code, | 155 |
until, if the builder submitting the lowest and
best bid is a | 156 |
foreign corporation, the secretary of state has
certified that the | 157 |
corporation is authorized to do business in
this state, until, if | 158 |
the builder submitting the lowest and best
bid is a person | 159 |
nonresident of this state, the person has filed
with the secretary | 160 |
of state a power of attorney designating the
secretary of state as | 161 |
its agent for the purpose of accepting
service of summons in any | 162 |
action brought under Chapter 4123. of
the Revised Code, and until | 163 |
the agreement is submitted to the
attorney general and the | 164 |
attorney general's approval is certified
thereon. Within
thirty | 165 |
days after the day on which the bids are received, the
department | 166 |
shall investigate the bids received and shall
determine that the | 167 |
bureau and the secretary of state have made
the certifications | 168 |
required by this section of the builder who
has submitted the | 169 |
lowest and best bid. Within ten days of the
completion of the | 170 |
investigation of the bids, the department shall
award the lease | 171 |
agreement to the builder who has submitted the
lowest and best bid | 172 |
and who has been certified by the bureau and
secretary of state as | 173 |
required by this section. If bidding for
the lease agreement has | 174 |
been conducted upon the basis of basic
plans, specifications, | 175 |
bills of materials, and estimates of
costs, upon the award to the | 176 |
builder the department, or the
builder with the approval of the | 177 |
department, shall appoint an
architect or engineer licensed in | 178 |
this state to prepare such
further detailed plans, specifications, | 179 |
and bills of materials as
are required to construct the building, | 180 |
structure, or
improvement. The department shall adopt such rules | 181 |
as are
necessary to give effect to this section. The department | 182 |
may
reject any bid. Where there is reason to believe there is | 183 |
collusion or combination among bidders, the bids of those | 184 |
concerned therein shall be rejected. | 185 |
Such a lease shall be for the purpose of development of the | 199 |
land for use by senior citizens by constructing, altering, | 200 |
renovating, repairing, expanding, and improving the site as it | 201 |
existed on June 25, 1982. A developer desiring to lease the land | 202 |
shall prepare for submission to the department a plan for | 203 |
development. Plans shall include provisions for roads, sewers, | 204 |
water lines, waste disposal, water supply, and similar matters to | 205 |
meet the requirements of state and local laws. The plans shall | 206 |
also include provision for protection of the property by
insurance | 207 |
or otherwise, and plans for financing the development,
and shall | 208 |
set forth details of the developer's financial
responsibility. | 209 |
The lease shall contain a provision that construction or | 222 |
renovation of the buildings, roads, structures, and other | 223 |
necessary facilities shall begin within one year after the date
of | 224 |
the lease and shall proceed according to a schedule agreed to | 225 |
between the department and the developer or the lease will be | 226 |
terminated. The lease shall contain such conditions and | 227 |
stipulations as the director considers necessary to preserve the | 228 |
best interest of the state. Moneys received by the state
pursuant | 229 |
to this lease shall be paid into the general revenue
fund. The | 230 |
lease shall provide that at the end of the lease
period the | 231 |
buildings, structures, and related improvements shall
become the | 232 |
property of the state without cost. | 233 |
(17) To lease to any person any tract of land owned by the | 234 |
state and under the control of the department, or any part of
such | 235 |
a tract, for the purpose of drilling for or the pooling of
oil or | 236 |
gas. Such a lease shall be granted for a period not
exceeding | 237 |
forty years, with the full power to contract for,
determine the | 238 |
conditions governing, and specify the amount the
state shall | 239 |
receive for the purposes specified in the lease, and
shall be | 240 |
prepared as in other cases. | 241 |
(2) The power of the director of transportation in
acquiring | 271 |
rights-of-way for the state highway system, or the
leasing of | 272 |
lands for division or resident district offices, or
the leasing of | 273 |
lands or buildings required in the maintenance
operations of the | 274 |
department of transportation, or the purchase of
real property
for | 275 |
garage sites or division or resident district offices, or in | 276 |
preparing plans and specifications for and constructing such | 277 |
buildings as the director may require in the administration of
the | 278 |
department; | 279 |
(3) The power of the director of public safety and the | 280 |
registrar of motor vehicles to purchase or lease real property
and | 281 |
buildings to be used solely as locations to which a deputy | 282 |
registrar is assigned pursuant to division (B) of section
4507.011 | 283 |
of the Revised Code and from which the deputy registrar is
to | 284 |
conduct the deputy registrar's business, the power of the director | 285 |
of
public safety to purchase or lease real property and buildings | 286 |
to be used as
locations for division or district offices as | 287 |
required in the maintenance of
operations of the department of | 288 |
public safety, and the power of the
superintendent of the state | 289 |
highway patrol in the purchase or leasing of real property and | 290 |
buildings needed by the patrol, to negotiate the sale of real | 291 |
property owned
by the patrol, to rent or lease real property owned | 292 |
or leased by the patrol,
and to make or cause to be made repairs | 293 |
to all property owned or under the
control of the patrol; | 294 |
(C) Purchases for, and the custody and repair of,
buildings | 306 |
under the management and control of the capitol square
review and | 307 |
advisory board, the rehabilitation services commission, the bureau | 308 |
of
workers' compensation, or the
departments of public safety,
job | 309 |
and family services, mental health, mental retardation
and | 310 |
developmental disabilities, and rehabilitation and correction,
and | 311 |
buildings of educational and benevolent institutions under
the | 312 |
management and control of boards of trustees, are not subject
to | 313 |
the control and jurisdiction of the department of
administrative | 314 |
services. | 315 |
(1) A record of deeds, in which shall be recorded all
deeds | 323 |
and other instruments of writing for the absolute and | 324 |
unconditional sale or conveyance of lands, tenements, and | 325 |
hereditaments; all notices as provided in sections 5301.47 to | 326 |
5301.56 of the Revised Code; all judgments or decrees in actions | 327 |
brought under section 5303.01 of the Revised Code; all | 328 |
declarations and bylaws, and all amendments to declarations and | 329 |
bylaws, as provided in Chapter 5311. of the
Revised Code; | 330 |
affidavits as provided
in section 5301.252 of
the Revised
Code; | 331 |
all certificates as provided
in section
5311.17 of the
Revised | 332 |
Code; all articles dedicating
archaeological preserves
accepted by | 333 |
the director of the Ohio
historical society under
section 149.52 | 334 |
of the Revised Code; all
articles dedicating nature
preserves | 335 |
accepted by the director of
natural resources under
section | 336 |
1517.05 of the Revised Code; all
agreements for the
registration | 337 |
of lands as archaeological or
historic landmarks
under section | 338 |
149.51 or 149.55 of the Revised
Code; all
conveyances of | 339 |
conservation easements and agricultural
easements
under section | 340 |
5301.68 of the Revised Code; all
instruments
extinguishing | 341 |
agricultural
easements under section
901.21 or
5301.691 of the | 342 |
Revised Code or pursuant to
terms of
such an
easement granted to a | 343 |
charitable organization under
section
5301.68 of the Revised Code; | 344 |
all instruments or orders
described
in division (B)(1)(c)(ii) of | 345 |
section 5301.56 of the
Revised Code;
all no further action letters | 346 |
issued under section
122.654 or
3746.11 of the
Revised Code;
all | 347 |
covenants not to sue
issued under
section
3746.12 of the
Revised | 348 |
Code, including all
covenants
not
to sue issued pursuant to | 349 |
section 122.654 of the
Revised Code;
any
restrictions on the use | 350 |
of property contained in
a no further
action letter issued under | 351 |
section 122.654 of the
Revised Code,
any restrictions on the use | 352 |
of
property
identified
pursuant to
division (C)(3)(a) of section | 353 |
3746.10 of the
Revised
Code, and any restrictions on the use of | 354 |
property contained in a deed or other instrument as provided in | 355 |
division (E) or (F) of section 3737.882 of the Revised Code; any | 356 |
easement executed or granted under section 3734.22, 3734.24, | 357 |
3734.25, or 3734.26 of the Revised Code; any environmental | 358 |
covenant entered into in accordance with sections 5301.80 to | 359 |
5301.92 of the Revised Code; all
memoranda of trust, as
described | 360 |
in division (A)
of
section
5301.255 of the Revised
Code, that | 361 |
describe specific
real
property; and all agreements
entered into | 362 |
under division (A)
of
section 1521.26 of
the Revised Code; | 363 |
(4) A record of plats, in which shall be recorded all
plats | 385 |
and maps of town lots, of the subdivision of town lots, and
of | 386 |
other divisions or surveys of lands, any center line survey of
a | 387 |
highway located within the county, the plat of which shall be | 388 |
furnished by the director of transportation or county engineer, | 389 |
and all drawings
and amendments to drawings, as provided in | 390 |
Chapter 5311. of the Revised
Code; | 391 |
(B) All instruments or memoranda of instruments entitled to | 399 |
record shall be recorded in the proper record in the order in | 400 |
which they are presented for record. The recorder may index,
keep, | 401 |
and record in one volume unemployment compensation liens,
internal | 402 |
revenue tax liens and other liens in favor of the United
States as | 403 |
described in division (A) of section 317.09 of the
Revised Code, | 404 |
personal tax liens, mechanic's liens, agricultural
product liens, | 405 |
notices of liens, certificates of satisfaction or
partial release | 406 |
of estate tax liens, discharges of recognizances,
excise and | 407 |
franchise tax liens on corporations, broker's liens,
and liens | 408 |
provided for in sections 1513.33, 1513.37, 3752.13,
5111.021, and | 409 |
5311.18
of the Revised Code. | 410 |
(C) In lieu of keeping the six separate
sets of records | 416 |
required in divisions (A)(1) to
(6) of this section and the | 417 |
records
required in division
(D) of this section, a county | 418 |
recorder may
record all the instruments required to be recorded by | 419 |
this
section
in two separate sets of record books. One set shall | 420 |
be
called the
"official records" and shall contain the instruments | 421 |
listed in
divisions (A)(1),
(2),
(3),
(5),
and (6)
and
(D) of this | 422 |
section. The
second set of records shall
contain the instruments | 423 |
listed in
division
(A)(4) of this
section. | 424 |
Sec. 3734.22. Before beginning to clean up any facility | 431 |
under section 3734.21 of the Revised Code, the director of | 432 |
environmental protection shall endeavor to enter into an
agreement | 433 |
with the owner of the land on which the facility is
located, or | 434 |
with the owner of the facility, specifying the
measures to be | 435 |
performed and authorizing the director, employees
of the agency, | 436 |
or contractors retained by the director to enter
upon the land and | 437 |
perform the specified measures. | 438 |
The agreement may require the owner to execute an easement | 444 |
whereby the director, an authorized employee of the agency, or a | 445 |
contractor employed by the agency in accordance with the bidding | 446 |
procedure established in division (C) of section 3734.23 of the | 447 |
Revised Code may enter upon the facility to sample, repair, or | 448 |
reconstruct air and water quality monitoring equipment
constructed | 449 |
under the agreement. Such easements shall be for a
specified | 450 |
period of years and may be extinguished by agreement
between the | 451 |
owner and the director. When necessary to protect
the public | 452 |
health or safety, the agreement may require the owner
to execute a | 453 |
restrictive covenant to run with the land that
specifies the uses | 454 |
that may be made of the facility after work
performed is | 455 |
completed, specifies the period for which the
restrictive covenant | 456 |
applies, and provides terms whereby
modifications to the | 457 |
restrictive covenant, or other land uses,
may be initiated or | 458 |
proposed to the director by the owner or by
subsequent owners of | 459 |
the facility. All easements or covenants
required under this | 460 |
section shall be recorded in the office of
the county recorder of | 461 |
the county in which the facility is
located, and the recording | 462 |
fees shall be paid by the directorenter into an environmental | 463 |
covenant with the director in accordance with sections 5301.80 to | 464 |
5301.92 of the Revised Code. | 465 |
Upon a breach of the reimbursement provisions of the | 466 |
agreement by the owner of the land or facility, or upon | 467 |
notification to the director by the owner that the owner is
unable | 468 |
to
perform the duties under the reimbursement provisions of the | 469 |
agreement, the director shall record the unreimbursed
portion of | 470 |
the costs of cleanup at the office of the county
recorder of the | 471 |
county in which
the facility is located. The costs so
recorded | 472 |
constitute a lien against the property on
which the facility is | 473 |
located until
discharged. Upon written request of the director, | 474 |
the attorney
general shall institute a civil action to recover the | 475 |
unreimbursed portion of the costs of cleanup. Any moneys so | 476 |
recovered shall be credited to the hazardous waste clean-up fund. | 477 |
Sec. 3734.24. After the cleanup of a solid waste facility
or | 478 |
a hazardous waste facility acquired and cleaned up under
section | 479 |
3734.23 of the Revised Code, the director of
environmental | 480 |
protection may, if the facility is suitable for use
by any other | 481 |
state department, agency, office, or institution and
if the | 482 |
proposed use of the facility is compatible with the
condition of | 483 |
the facility as cleaned up, transfer the facility to
that state | 484 |
department, agency, office, or institution. The
director shall | 485 |
continue to provide for the post-closure care,
maintenance, and | 486 |
monitoring of any such cleaned-up facility as
required by section | 487 |
3734.23 of the Revised Code. | 488 |
If the director determines that any facility so cleaned up
is | 489 |
suitable, because of its condition as cleaned up, for
restricted | 490 |
or unrestricted use, hethe director may, with the
approval of the | 491 |
attorney general, sell the facility if the sale is advantageous
to | 492 |
the state. Prior to selling the cleaned-up facility, the
director | 493 |
shall, when necessary to protect public health or
safety, execute | 494 |
a restrictive covenant to run with the land that
specifies the | 495 |
uses that may be made of the facility, specifies
the period for | 496 |
which the restrictive covenant applies, and
provides terms whereby | 497 |
modifications to the restrictive covenant,
or other land uses, may | 498 |
be initiated or proposed to the director
by subsequent owners of | 499 |
the facilityenter into an environmental covenant in accordance | 500 |
with sections 5301.80 to 5301.92 of the Revised Code. When selling | 501 |
any such
cleaned-up facility, the director shall retain the right | 502 |
to enter
upon the facility, in person or by hisan authorized | 503 |
agent, to
provide for the post-closure care, maintenance, and | 504 |
monitoring of
the facility. The director shall provide for the | 505 |
post-closure
care, maintenance, and monitoring of any such | 506 |
facility sold as
required by section 3734.23 of the Revised Code. | 507 |
Sec. 3734.25. (A) The director of environmental
protection | 516 |
may make grants of moneys from the hazardous waste
clean-up fund | 517 |
created in section 3734.28 of the Revised Code for
payment by the | 518 |
state of up to two-thirds of the reasonable and
necessary expenses | 519 |
incurred by a municipal corporation, county,
or township for the | 520 |
proper closure of or abatement of air or
water pollution or soil | 521 |
contamination from a solid waste facility
in which significant | 522 |
quantities of hazardous waste were disposed
of and that the | 523 |
political subdivision owns and once operated. | 524 |
(B) A municipal corporation, county, or township shall
submit | 525 |
an application for a grant on forms provided by the
director, | 526 |
together with detail plans and specifications
indicating the | 527 |
measures to be performed, an itemized estimate of
the project's | 528 |
cost, a description of the project's benefits, and
such other | 529 |
information as the director prescribes. The plan for
closure or | 530 |
abatement of air or water pollution or soil
contamination may be | 531 |
prepared in consultation with the director
or the board of health | 532 |
of the city or general health district in
which the facility is | 533 |
located. The director may award the
applicant a grant only if he | 534 |
the director finds that the
proposed measures will provide for the | 535 |
proper closure of the facility and will
abate or prevent air or | 536 |
water pollution or soil contamination,
including, but not limited | 537 |
to, those measures necessary or
desirable to: | 538 |
(C) The director shall determine the amount of the grant | 562 |
based upon histhe director's determination of what constitutes | 563 |
reasonable and
necessary expenses for the proper closure of the | 564 |
facility or for
the prevention or elimination of air or water | 565 |
pollution or soil
contamination from the facility. In making a | 566 |
grant, the director
shall enter into a contract with the municipal | 567 |
corporation,
county, or township that owns the facility to ensure | 568 |
that the
moneys granted are used for the purposes of this section | 569 |
and that
measures performed are properly done. The final payment | 570 |
under a
grant may not be made until the director inspects and | 571 |
approves
the completed cleanup. | 572 |
The contract shall require the municipal corporation,
county, | 573 |
or township to execute an easement whereby the director,
an | 574 |
authorized employee of the agency, or a contractor employed by
the | 575 |
director may enter upon the facility to sample, repair, or | 576 |
reconstruct air and water quality monitoring equipment
constructed | 577 |
under the contract. Such easements shall be for a
specified period | 578 |
of years and may be extinguished by agreement
between the | 579 |
political subdivision and the director. | 580 |
When necessary to protect public health or safety, the | 581 |
contract may require the municipal corporation, county, or | 582 |
township to execute a restrictive covenant to run with the land | 583 |
that specifies the uses that may be made of the facility after | 584 |
work performed under the contract is completed, specifies the | 585 |
period for which the restrictive covenant applies, and provides | 586 |
terms whereby modifications to the restrictive covenant, or other | 587 |
land uses, may be initiated or proposed to the director by the | 588 |
political subdivision or by subsequent owners of the facility.
Any | 589 |
easements or covenants required under this section shall be | 590 |
recorded in the office of the county recorder of the county in | 591 |
which the facility is located, and the recording fees shall be | 592 |
paid by the recipient of the grantenter into an environmental | 593 |
covenant with the director in accordance with sections 5301.80 to | 594 |
5301.92 of the Revised Code. | 595 |
Sec. 3734.26. (A) The director of environmental
protection | 596 |
may make grants of moneys from the hazardous waste
clean-up fund | 597 |
created in section 3734.28 of the Revised Code to
the owner, other | 598 |
than a political subdivision, of a solid waste
facility in which | 599 |
significant quantities of hazardous waste were
disposed of or a | 600 |
hazardous waste facility for up to fifty per
cent of the cost of | 601 |
the reasonable and necessary expenses
incurred for the proper | 602 |
closure of or abatement or prevention of
air or water pollution or | 603 |
soil contamination from the facility
and for developing the land | 604 |
on which it was located for use in
industry, commerce, | 605 |
distribution, or research. | 606 |
The director shall not make grants to the owner of any land | 607 |
on which such facilities are located if the owner at any time | 608 |
owned or operated the facility located thereon for profit or in | 609 |
conjunction with any profit-making enterprise located in this | 610 |
state or to any person who at any time owned or operated a | 611 |
facility concerning which the director has taken action under | 612 |
section 3734.20, 3734.22, or 3734.23 of the Revised Code.
However, | 613 |
the director may make grants under this section to any
subsequent | 614 |
owner of the land, provided that the person has no
affiliation | 615 |
with any person who owned or operated the facility
located on the | 616 |
land for profit or in conjunction with any
profit-making | 617 |
enterprise located in this state or who owned or
operated a | 618 |
facility concerning which the director has taken
action under | 619 |
section 3734.20, 3734.22, or 3734.23 of the Revised
Code. | 620 |
(B) The owner shall submit an application for a grant on | 621 |
forms furnished by the director, together with detail plans and | 622 |
specifications for the measures to be performed to close the | 623 |
facility properly or to abate or prevent air or water pollution
or | 624 |
soil contamination from the facility, an itemized estimate of
the | 625 |
project's cost, a description of the project's estimated
benefits, | 626 |
and such other information as the director prescribes.
The plan | 627 |
may be prepared in consultation with the director or
with the | 628 |
board of health of the city or general health district
in which | 629 |
the facility is located. The director may award the
applicant a | 630 |
grant only if he findsafter finding that the
proposed measures | 631 |
will provide for the proper closure of the facility or will abate | 632 |
or prevent air or water pollution or soil contamination from the | 633 |
facility, including, but not limited to, those measures necessary | 634 |
or desirable to: | 635 |
(C) The director shall determine the amount of the grant | 659 |
based upon histhe director's determination of what constitutes | 660 |
reasonable and
necessary expenses for the proper closure of the | 661 |
facility or for
the abatement or prevention of air or water | 662 |
pollution or soil
contamination from the facility. The amount of | 663 |
the grant shall
not exceed one-half of the total, as determined by | 664 |
the director,
of what constitutes reasonable and necessary | 665 |
expenses actually
incurred for the proper closure of or abatement | 666 |
or prevention of
air or water pollution or soil contamination from | 667 |
the facility. | 668 |
(D) The contract shall require the owner to execute an | 697 |
easement whereby the director, an authorized employee of the | 698 |
agency, or a contractor employed by the agency may enter upon the | 699 |
facility to sample, repair, or reconstruct air and water quality | 700 |
monitoring equipment constructed under the contract. Such | 701 |
easements shall be for a specified period of years and may be | 702 |
extinguished by agreement between the owner and the director.
When | 703 |
necessary to protect the public health or safety, the
contract may | 704 |
require the owner to execute a restrictive covenant
to run with | 705 |
the land that specifies the uses that may be made of
the facility | 706 |
after work performed under the grant is completed,
specifies the | 707 |
period for which the restrictive covenant applies,
and provides | 708 |
terms whereby modifications to the restrictive
covenant, or other | 709 |
land uses, may be initiated or proposed to the
director by the | 710 |
owner or by subsequent owners of the facility.
All easements or | 711 |
covenants required under this section shall be
recorded in the | 712 |
office of the county recorder of the county in
which the facility | 713 |
is located, and the recording fees shall be
paid by the owner | 714 |
enter into an environmental covenant with the director in | 715 |
accordance with sections 5301.80 to 5301.92 of the Revised Code. | 716 |
Sec. 3737.88. (A)(1) The fire marshal shall have | 719 |
responsibility for implementation of the underground storage tank | 720 |
program and corrective action program for releases from | 721 |
underground petroleum storage tanks established by the "Resource | 722 |
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42
U.S.C.A. | 723 |
6901, as amended. To implement the program, the fire
marshal may | 724 |
adopt, amend, and rescind such rules, conduct such
inspections, | 725 |
require annual registration of underground storage
tanks, issue | 726 |
such citations and orders to enforce those rules, enter into | 727 |
environmental covenants in accordance with sections 5301.80 to | 728 |
5301.92 of the Revised Code,
and perform such other duties, as are | 729 |
consistent with those
programs. The fire marshal, by rule, may | 730 |
delegate the authority
to conduct inspections of underground | 731 |
storage tanks to certified
fire safety inspectors. | 732 |
(2) In the place of any rules regarding release
containment | 733 |
and release detection for underground storage tanks
adopted under | 734 |
division (A)(1) of this section, the fire marshal,
by rule, shall | 735 |
designate areas as being sensitive for the
protection of human | 736 |
health and the environment and adopt
alternative rules regarding | 737 |
release containment and release
detection methods for new and | 738 |
upgraded undergoundunderground storage tank
systems located in | 739 |
those areas. In designating such areas, the
fire marshal shall | 740 |
take into consideration such factors as soil
conditions, | 741 |
hydrogeology, water use, and the location of public
and private | 742 |
water supplies. Not later than July 11, 1990, the
fire marshal | 743 |
shall file the rules required under this division
with the | 744 |
secretary of state, director of the legislative service | 745 |
commission, and joint committee on agency rule review in | 746 |
accordance with divisions (B) and (H) of section 119.03 of the | 747 |
Revised Code. | 748 |
(B) Before adopting any rule under this section or section | 749 |
3737.881 or 3737.882 of the Revised Code, the fire marshal shall | 750 |
file written notice of histhe proposed rule with the
chairman | 751 |
chairperson of the state fire commission, and, within
sixty days | 752 |
after notice is
filed, the commission may file responses to or | 753 |
comments on and
may recommend alternative or supplementary rules | 754 |
to the fire
marshal. At the end of the sixty-day period or upon | 755 |
the filing
of responses, comments, or recommendations by the | 756 |
commission, the
fire marshal may adopt the rule filed with the | 757 |
commission or any
alternative or supplementary rule recommended by | 758 |
the commission. | 759 |
(D) For the purpose of sections 3737.87 to 3737.89 of the | 768 |
Revised Code, the fire marshal shall adopt, and may amend and | 769 |
rescind, rules identifying or listing hazardous substances. The | 770 |
rules shall be consistent with and equivalent in scope, coverage, | 771 |
and content to regulations identifying or listing hazardous | 772 |
substances adopted under the "Comprehensive Environmental | 773 |
Response, Compensation, and Liability Act of 1980," 94 Stat.
2779, | 774 |
42 U.S.C.A. 9602, as amended, except that the fire marshal
shall | 775 |
not identify or list as a hazardous substance any hazardous
waste | 776 |
identified or listed in rules adopted under division (A) of | 777 |
section 3734.12 of the Revised Code. | 778 |
(E) Notwithstanding any provision of the laws of this
state | 779 |
to the contrary, the fire marshal has exclusive
jurisdiction to | 780 |
regulate the storage, treatment, and disposal of
petroleum | 781 |
contaminated soil generated from corrective actions
undertaken in | 782 |
response to releases of petroleum. The fire
marshal may adopt, | 783 |
amend, or rescind such rules as hethe fire
marshal considers to | 784 |
be necessary or appropriate to regulate the storage,
treatment, or | 785 |
disposal of petroleum contaminated soil so
generated. | 786 |
(1) Issuance of a citation and order requiring the | 797 |
responsible person to undertake, in a manner consistent with the | 798 |
requirements of section 9003 of the "Resource Conservation and | 799 |
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as | 800 |
amended, applicable regulations adopted thereunder, and rules | 801 |
adopted under division (B) of this section, such actions as are | 802 |
necessary to protect human health and the environment, including, | 803 |
without limitation, the investigation of a suspected release.; | 804 |
(2) Requesting the attorney general to bring a civil
action | 805 |
for appropriate relief, including a temporary restraining
order or | 806 |
preliminary or permanent injunction, in the court of
common pleas | 807 |
of the county in which a suspected release is
located or in which | 808 |
the release occurred, to obtain the
corrective action necessary to | 809 |
protect human health and the
environment. In granting any such | 810 |
relief, the court shall ensure
that the terms of the temporary | 811 |
restraining order or injunction
are sufficient to provide | 812 |
comprehensive corrective action to
protect human health and the | 813 |
environment. | 814 |
(3) Entry onto premises and undertaking corrective action | 815 |
with respect to a release of petroleum if, in
the fire
marshal's | 816 |
judgment, such
action is
necessary to protect human
health and the | 817 |
environment.
Any
corrective action undertaken by
the fire marshal | 818 |
or assistant
fire
marshal under division (A)(3)
of this section | 819 |
shall be
consistent
with the requirements of
sections 9003 and | 820 |
9005 of the
"Resource
Conservation and Recovery
Act of 1976," 98 | 821 |
Stat. 3279,
42 U.S.C.A.
6991b, and 98 Stat. 3284,
42 U.S.C.A. | 822 |
6991e,
respectively, as
amended, applicable
regulations adopted | 823 |
thereunder, and rules
adopted under division
(B) of this section. | 824 |
(B) The fire marshal shall adopt, and may amend and
rescind, | 825 |
such rules as
the fire marshal considers necessary
to establish | 826 |
standards for corrective actions for suspected and confirmed | 827 |
releases of petroleum and standards for the recovery of costs | 828 |
incurred for undertaking corrective or enforcement actions with | 829 |
respect to such releases. The rules also shall include | 830 |
requirements for financial responsibility for the cost of | 831 |
corrective actions for and compensation of bodily injury and | 832 |
property damage incurred by third parties that are caused by | 833 |
releases of petroleum. Rules regarding financial responsibility | 834 |
shall, without limitation, require responsible persons to
provide | 835 |
evidence that the parties guaranteeing payment of the
deductible | 836 |
amount established under division (E) or (F) of
section 3737.91 of | 837 |
the Revised Code are, at a minimum,
secondarily liable for all | 838 |
corrective action and third-party
liability costs incurred within | 839 |
the scope of the deductible
amount. The rules shall be consistent | 840 |
with sections 9003 and
9005 of the "Resource Conservation and | 841 |
Recovery Act of 1976," 98
Stat. 3279, 42 U.S.C.A. 6991b, and 98 | 842 |
Stat. 3284, 42 U.S.C.A.
6991e, respectively, as amended, and | 843 |
applicable regulations
adopted thereunder. | 844 |
(2) Whoever violates division (C)(1) of this section or | 851 |
division (F) of section 3737.881 of the Revised Code shall pay a | 852 |
civil penalty of not more than ten thousand dollars for each day | 853 |
that the violation continues. The fire marshal may, by order, | 854 |
assess a civil penalty under this division, or
the fire
marshal | 855 |
may request the
attorney general to bring a civil action for | 856 |
imposition of the
civil penalty in the court of common pleas of | 857 |
the county in which
the violation occurred. If the fire marshal | 858 |
determines that a
responsible person is in violation of division | 859 |
(C)(1) of this
section or division (F) of section 3737.881 of the | 860 |
Revised Code,
the fire marshal may request the attorney general to | 861 |
bring a
civil action for appropriate relief, including a temporary | 862 |
restraining order or preliminary or permanent injunction, in the | 863 |
court of common pleas of the county in which the underground | 864 |
storage tank or, in the case of a violation of division (F)(3) of | 865 |
section 3737.881 of the Revised Code, the training program that
is | 866 |
the subject of the violation is located. The court shall
issue a | 867 |
temporary restraining order or an injunction upon a
demonstration | 868 |
that a violation of division (C)(1) of this section
or division | 869 |
(F) of section 3737.881 of the Revised Code has
occurred or is | 870 |
occurring. | 871 |
(E) Any restrictions on the use of real property for the | 884 |
purpose of achievingthe achievement by an owner or operator of | 885 |
applicable standards pursuant to rules
adopted under division (B) | 886 |
of this section shall be contained in a
deed or in another | 887 |
instrument that is signed and acknowledged by
the property
owner | 888 |
in the same manner as a deed or an environmental covenant that is | 889 |
entered into in accordance with sections 5301.80 to 5301.92 of the | 890 |
Revised Code. The deed or, other
instrument
containing the | 891 |
restrictions, or environmental covenant shall be filed and | 892 |
recorded
in the
office of the county recorder of the county in | 893 |
which the
property
is located. Pursuant to Chapter 5309. of the | 894 |
Revised
Code, suchif the
use restrictions in connectionor | 895 |
environmental covenant are connected with registered land, as | 896 |
defined in
section 5309.01 of the Revised Code, the restrictions | 897 |
or environmental covenant shall be entered
as a
memorial on the | 898 |
page of the register where the title of the
owner
is registered. | 899 |
(F) Any restrictions on the use of real property for the | 900 |
purpose of the achievement by a person that is not a responsible | 901 |
person, or by a person undertaking a voluntary action of | 902 |
applicable standards pursuant to rules adopted under division (B) | 903 |
of this section shall be contained in an environmental covenant | 904 |
that is entered into in accordance with sections 5301.80 to | 905 |
5301.92 of the Revised Code. The environmental covenant shall be | 906 |
filed and recorded in the office of the county recorder of the | 907 |
county in which the property is located. Pursuant to Chapter 5309. | 908 |
of the Revised Code, if the environmental covenant is connected | 909 |
with registered land, as defined in section 5309.01 of the Revised | 910 |
Code, the environmental covenant shall be entered as a memorial on | 911 |
the page of the register where the title of the owner is | 912 |
registered. | 913 |
Sec. 3745.01. There is hereby created the environmental | 914 |
protection agency, headed by the director of environmental | 915 |
protection. The agency, under the supervision of the
director, | 916 |
shall administer the laws pertaining to chemical emergency | 917 |
planning, community right-to-know, and toxic chemical release | 918 |
reporting; the cessation of chemical handling operations; the | 919 |
prevention,
control, and abatement of air and
water pollution; | 920 |
public water supply; comprehensive water
resource management | 921 |
planning; and the disposal and treatment of
solid wastes, | 922 |
infectious wastes, construction and demolition
debris, hazardous | 923 |
waste, sewage, industrial waste, and other
wastes. The director | 924 |
may do all of the following: | 925 |
(C) Advise, consult, cooperate, and enter into contracts
or | 938 |
agreements with any other agencies of the state, the federal | 939 |
government, other states, and interstate agencies and with | 940 |
affected groups, political subdivisions, and industries in | 941 |
furtherance of the purposes of this chapter
and Chapters 3704., | 942 |
3714., 3734., 3751., 3752., 6109., and 6111. of the
Revised Code; | 943 |
The director shall maintain and keep available for public | 965 |
inspection, at the director's principal office, a current
register | 966 |
of all applications filed for permits, leases, licenses, | 967 |
variances,
certificates, and approval of plans and specifications | 968 |
and of
publicly owned treatment works pretreatment programs under | 969 |
the
director's jurisdiction, hearings pending, the
director's | 970 |
final action
thereon, and the dates on which the filings, | 971 |
hearings, and
final actions
occur. The director shall maintain and | 972 |
keep available for public
inspection at the director's principal | 973 |
office all plans,
reports, and other documents required to be | 974 |
filed with the emergency response
commission under Chapter 3750. | 975 |
of the Revised Code and rules
adopted under it, and all reports | 976 |
and other documents required to
be filed with the director under | 977 |
Chapter 3751. of the
Revised Code and rules adopted under it, | 978 |
subject to the requirements of those
chapters and rules adopted | 979 |
under them for the protection of trade
secrets and confidential | 980 |
business information from disclosure to
persons not authorized | 981 |
under those laws to receive trade secret
or confidential business | 982 |
information. | 983 |
(B)(C) "Applicable standards," unless the context indicates | 988 |
otherwise, means standards established in or pursuant to sections | 989 |
3746.05, 3746.06, and 3746.07 of the Revised Code, in or pursuant | 990 |
to rules adopted under division (B)(1) or (2) of section 3746.04 | 991 |
of the Revised Code, pursuant to rules adopted under division | 992 |
(B)(12)(b) of section 3746.04 of the Revised Code, or alternative | 993 |
standards and terms and conditions set forth in a variance issued | 994 |
under section 3746.09 of the Revised Code, as applicable. | 995 |
(I)(L) "Petroleum" means oil or petroleum of any kind and in | 1046 |
any form, including, without limitation, crude oil or any
fraction | 1047 |
thereof, petroleum, gasoline, kerosene, fuel oil, oil
sludge, oil | 1048 |
refuse, used oil, substances or additives utilized in
the refining | 1049 |
or blending of crude petroleum or petroleum stock,
natural gas, | 1050 |
natural gas liquids, liquefied natural gas,
synthetic gas usable | 1051 |
for fuel, and mixtures of natural gas and
synthetic gas. | 1052 |
(J)(M) "Property," except for the purposes of sections | 1053 |
3746.02, 3746.26, and 3746.27 of the Revised Code, means any | 1054 |
parcel of real property, or portion thereof, and any improvements | 1055 |
thereto, the limits of which have been described in writing by
the | 1056 |
owner of record or a legally appointed representative of the
owner | 1057 |
and that is or has been the subject of a voluntary action
under | 1058 |
this chapter and rules adopted under it. | 1059 |
(M)(P) "Release" means any spilling, leaking, pumping, | 1064 |
pouring, emitting, emptying, discharging, injecting, escaping, | 1065 |
leaching, migrating, dumping, or disposing of any hazardous | 1066 |
substance or petroleum into the environment, including, without | 1067 |
limitation, the abandonment or discarding of barrels, containers, | 1068 |
or any other closed receptacle containing any hazardous
substance, | 1069 |
petroleum, or pollutant or contaminant. "Release"
does not include | 1070 |
any of the following: | 1071 |
(3) Any release of a source, byproduct, or special nuclear | 1082 |
material from a nuclear incident, as "source material,"
"byproduct | 1083 |
material," "special nuclear material," and "nuclear
incident" are | 1084 |
defined in the "Atomic Energy Act of 1954," 68
Stat. 919, 42 | 1085 |
U.S.C.A. 2011, as amended, if the release is
subject to financial | 1086 |
protection requirements under section 170 of
that act unless any | 1087 |
such material is mixed with a hazardous
substance or petroleum; | 1088 |
(N)(Q) "Remedy" or "remedial activities" means actions that | 1095 |
are taken at a property to treat, remove, transport for treatment | 1096 |
or disposal, dispose of, contain, or control hazardous substances | 1097 |
or petroleum, are protective of public health and safety and the | 1098 |
environment, and are consistent with a permanent remedy, | 1099 |
including, without limitation, excavation, treatment, off-site | 1100 |
disposal, the use of engineering or institutional controls or | 1101 |
measuresactivity and use limitations, the issuance and | 1102 |
implementation of a consolidated
standards permit under section | 1103 |
3746.15 of the Revised Code, and
the entering into and | 1104 |
implementation of an operation and
maintenance agreement pursuant | 1105 |
to section 3746.12 of the Revised
Code. | 1106 |
(O)(R) "Voluntary action" means a series of measures that may | 1107 |
be undertaken to identify and address potential sources of | 1108 |
contamination of property by hazardous substances or petroleum
and | 1109 |
to establish that the property complies with applicable
standards. | 1110 |
"Voluntary action" may include, without limitation, a
phase I | 1111 |
property assessment conducted in accordance with rules
adopted | 1112 |
under division (B)(3) of section 3746.04 of the Revised
Code or | 1113 |
division (B) of section 3746.07 of the Revised Code, as | 1114 |
appropriate, a phase II property assessment conducted in | 1115 |
accordance with rules adopted under division (B)(4) of section | 1116 |
3746.04 of the Revised Code or division (C) of section 3746.07 of | 1117 |
the Revised Code, as appropriate, a sampling plan, a remedial | 1118 |
plan, or remedial activities followed by the issuance of a no | 1119 |
further action letter under section 3746.11 of the Revised Code | 1120 |
indicating that the property meets applicable standards upon | 1121 |
demonstration by the person undertaking the measures either that | 1122 |
there is no information indicating that there has been a release | 1123 |
of hazardous substances or petroleum at or upon the property or | 1124 |
that there has been a release of hazardous substances or
petroleum | 1125 |
at or upon the property and that applicable standards
were not | 1126 |
exceeded or have been or will be achieved in accordance
with this | 1127 |
chapter and rules adopted under it. | 1128 |
(1) Appropriate generic numerical clean-up standards for
the | 1145 |
treatment or removal of soils, sediments, and water media for | 1146 |
hazardous substances and petroleum. The rules shall establish | 1147 |
separate generic numerical clean-up standards based upon the | 1148 |
intended use of properties after the completion of voluntary | 1149 |
actions, including industrial, commercial, and residential uses | 1150 |
and such other categories of land use as the director considers
to | 1151 |
be appropriate. The generic numerical clean-up standards | 1152 |
established for each category of land use shall be the | 1153 |
concentration of each contaminant that may be present on a | 1154 |
property that shall ensure protection of public health and safety | 1155 |
and the environment for the reasonable exposure for that category | 1156 |
of land use. When developing the standards, the director shall | 1157 |
consider such factors as all of the following: | 1158 |
The generic numerical clean-up standards established under | 1168 |
division (B)(1) of this section shall be consistent with and | 1169 |
equivalent in scope, content, and coverage to any applicable | 1170 |
standard established by federal environmental laws and
regulations | 1171 |
adopted under them, including, without limitation,
the "Federal | 1172 |
Water Pollution Control Act Amendments of 1972," 86
Stat. 886, 33 | 1173 |
U.S.C.A. 1251, as amended; the "Resource
Conservation and Recovery | 1174 |
Act of 1976," 90 Stat. 2806, 42
U.S.C.A. 6921, as amended; the | 1175 |
"Toxic Substances Control Act," 90
Stat. 2003 (1976), 15 U.S.C.A. | 1176 |
2601, as amended; the
"Comprehensive Environmental Response, | 1177 |
Compensation, and
Liability Act of 1980," 94 Stat. 2779, 42 | 1178 |
U.S.C.A. 9601, as
amended; and the "Safe Drinking Water Act," 88 | 1179 |
Stat. 1660 (1974),
42 U.S.C.A. 300f, as amended. | 1180 |
(2)(a) Procedures for performing property-specific risk | 1190 |
assessments that would be performed at a property to demonstrate | 1191 |
that the remedy evaluated in a risk assessment results in | 1192 |
protection of public health and safety and the environment
instead | 1193 |
of complying with the generic numerical clean-up
standards | 1194 |
established in the rules adopted under division (B)(1)
of this | 1195 |
section. The risk assessment procedures shall describe a | 1196 |
methodology to establish, on a property-specific basis, allowable | 1197 |
levels of contamination to remain at a property to ensure | 1198 |
protection of public health and safety and the environment on the | 1199 |
property and off the property when the contamination is emanating | 1200 |
off the property, taking into account all of the following: | 1201 |
(a) A review and analysis of all documentation prepared in | 1278 |
connection with a phase I property assessment conducted within
the | 1279 |
one hundred eighty days before the phase II property
assessment | 1280 |
begins. The rules adopted under division (B)(4)(a) of
this section | 1281 |
shall require that if a period of more than one
hundred eighty | 1282 |
days has passed between the time that the phase I
assessment of | 1283 |
the property was completed and the phase II
assessment begins, the | 1284 |
phase II assessment shall include a
reasonable inquiry into the | 1285 |
change in the environmental condition
of the property during the | 1286 |
intervening period. | 1287 |
(5) Standards governing the conduct of certified | 1299 |
professionals, criteria and procedures for the certification of | 1300 |
professionals to issue no further action letters under section | 1301 |
3746.11 of the Revised Code, and criteria for the suspension and | 1302 |
revocation of those certifications. The issuance, denial, | 1303 |
suspension, and revocation of those certifications are subject to | 1304 |
Chapter 3745. of the Revised Code, and the director shall take
any | 1305 |
such action regarding a certification as a final action. | 1306 |
(a) Provide for the certification to perform analyses of | 1396 |
laboratories in accordance with the criteria and procedures | 1397 |
established in the rules adopted under division (B)(6)(a) of this | 1398 |
section and establish an annual fee to be paid by those | 1399 |
laboratories. The fee shall be established at an amount
calculated | 1400 |
to defray the costs to the agency for the review of
the | 1401 |
qualifications of those laboratories for certification and
for the | 1402 |
issuance of the certifications. The rules adopted under
division | 1403 |
(B)(6)(a) of this section may provide for the
certification of | 1404 |
those laboratories to perform only particular
types or categories | 1405 |
of analyses, specific test parameters or
group of test parameters, | 1406 |
or a specific matrix or matrices under
this chapter. | 1407 |
(12)(a) In the case of voluntary actions involving | 1562 |
contaminated ground water, specifying the circumstances under | 1563 |
which the generic numerical clean-up standards established in | 1564 |
rules adopted under division (B)(1) of this section and standards | 1565 |
established through a risk assessment conducted pursuant to rules | 1566 |
adopted under division (B)(2) of this section shall be | 1567 |
inapplicable to the remediation of contaminated ground water and | 1568 |
under which the standards for remediating contaminated ground | 1569 |
water shall be established on a case-by-case basis prior to the | 1570 |
commencement of the voluntary action pursuant to rules adopted | 1571 |
under division (B)(12)(b) of this section; | 1572 |
(b) Criteria and procedures for the case-by-case | 1573 |
establishment of standards for the remediation of contaminated | 1574 |
ground water under circumstances in which the use of the generic | 1575 |
numerical clean-up standards and standards established through a | 1576 |
risk assessment are precluded by the rules adopted under division | 1577 |
(B)(12)(a) of this section. The rules governing the procedures
for | 1578 |
the case-by-case development of standards for the remediation
of | 1579 |
contaminated ground water shall establish application, public | 1580 |
participation, adjudication, and appeals requirements and | 1581 |
procedures that are equivalent to the requirements and procedures | 1582 |
established in section 3746.09 of the Revised Code and rules | 1583 |
adopted under division (B)(11) of this section, except that the | 1584 |
procedural rules shall not require an applicant to make the | 1585 |
demonstrations set forth in divisions (A)(1) to (3) of section | 1586 |
3746.09 of the Revised Code and shall not require the director to | 1587 |
obtain the advice of the property revitalization board created in | 1588 |
section 3746.08 of the Revised Code regarding any application | 1589 |
submitted pursuant to the rules adopted under division (B)(12)(b) | 1590 |
of this section. | 1591 |
Sec. 3746.05. A remedy or remedial activity conducted
under | 1603 |
this chapter may attain applicable standards otherwise
established | 1604 |
in this chapter and rules adopted under it through
the use of | 1605 |
institutional controls or activity and use limitations that | 1606 |
restrict the access to or
use of a property or through the removal | 1607 |
of, treatment of,
transportation for treatment or disposal of, | 1608 |
disposal of, or use
of engineering controls that contain or | 1609 |
control the release of
hazardous substances or petroleum at or | 1610 |
from a property. Any
such institutional controls or activity and | 1611 |
use limitations that restrict the use of a property
shall ensure | 1612 |
that the property is used only for purposes that
comply with the | 1613 |
applicable standards established in this chapter
and rules adopted | 1614 |
under it pertaining to the intended use of the
property after the | 1615 |
completion of the voluntary action, as the
intended use is | 1616 |
specified in the documents establishing the
institutional controls | 1617 |
or activity and use limitations. If a property is subject to | 1618 |
institutional controls that restrict its useor activity and use | 1619 |
limitations and is put to a use
that does not comply with the | 1620 |
institutional controls or activity and use restrictions | 1621 |
limitations specified in the
documents establishing the | 1622 |
institutional controls or activity and use limitations, the | 1623 |
covenant
not to sue issued under section 3746.12 of the Revised | 1624 |
Code for
the property in connection with the voluntary action for | 1625 |
which
the institutional controls or activity and use limitations | 1626 |
were established is hereby declared to
be void on and after the | 1627 |
date of the commencement of the
noncomplying use. | 1628 |
Sec. 3746.10. (A) Except as otherwise provided in section | 1629 |
3746.02 of the Revised Code, any person may undertake a voluntary | 1630 |
action under this chapter and rules adopted under it to identify | 1631 |
and address potential sources of contamination by hazardous | 1632 |
substances or petroleum of soil, sediments, surface water, or | 1633 |
ground water on or underlying property and to establish that the | 1634 |
property meets applicable standards. The voluntary action may | 1635 |
include any one or more of the following elements: | 1636 |
When the person undertaking a voluntary action determines | 1651 |
that the property meets applicable standards, hethe person may | 1652 |
seek a no
further action letter from a certified professional. A | 1653 |
no
further action letter may be issued for the property at any | 1654 |
stage
of the identification of potential hazardous substance or | 1655 |
petroleum contamination or remedial activities after a phase I or | 1656 |
II property assessment has demonstrated that there is no reason
to | 1657 |
believe that there has been a release of hazardous substances
or | 1658 |
petroleum at or upon the property, that information indicates
that | 1659 |
there has been a release of hazardous substances or
petroleum at | 1660 |
or upon the property, but that the release is not in
excess of | 1661 |
applicable standards, or that if there has been such a
release in | 1662 |
excess of applicable standards, those standards have
been achieved | 1663 |
through remedial activities or will be achieved in
accordance with | 1664 |
the timeframes established in an operation and
maintenance | 1665 |
agreement entered into under division (A)(3) of
section 3746.12 of | 1666 |
the Revised Code or in such an agreement and a
consolidated | 1667 |
standards permit issued under section 3746.15 of the
Revised Code. | 1668 |
(b) Utilize the services of a certified professional to | 1679 |
verify that the property and any remedial activities undertaken
at | 1680 |
the property in connection with a voluntary action comply with | 1681 |
applicable standards and, if those standards are met, to issue to | 1682 |
the person a no further action letter for the property. For the | 1683 |
purposes of such a verification, the certified professional shall | 1684 |
perform and review all work that was conducted to support the | 1685 |
request for the no further action letter or shall ensure that the | 1686 |
work has been performed and reviewed by other persons with | 1687 |
expertise and competence in areas other than those of the | 1688 |
certified professional's expertise and competence as necessary
for | 1689 |
the issuance of the no further action letter. | 1690 |
Sec. 3746.11. (A) After receiving the demonstrations and | 1763 |
operation and maintenance plan, if any, required to be submitted | 1764 |
to hima certified professional under division (C) of section | 1765 |
3746.10 of the Revised Code, athe certified professional shall | 1766 |
review them to verify whether the property where the voluntary | 1767 |
action was
undertaken complies with applicable standards or shall | 1768 |
ensure that they have
been reviewed
by another person or persons | 1769 |
who performed work to support the
request for the no further | 1770 |
action letter as provided in division
(B)(2) of section 3746.10 of | 1771 |
the Revised Code. If, on the basis
of the best knowledge, | 1772 |
information, and belief of the certified
professional, the | 1773 |
certified professional concludes that the
property meets | 1774 |
applicable standards, hethe certified
professional shall prepare | 1775 |
a no further action letter for the property.
The no further action | 1776 |
letter shall contain all the information specified in
rules | 1777 |
adopted under division (B)(7) of section 3746.04 of the Revised | 1778 |
Code or in division (E) of section 3746.07 of the Revised Code,
as | 1779 |
applicable. | 1780 |
Upon completion of a no further action letter, the
certified | 1781 |
professional shall send a copy of the letter to the
person who | 1782 |
undertook the voluntary action. The letter shall be
accompanied by | 1783 |
a written request that the person notify the
certified | 1784 |
professional as to whether the person wishes to submit
the no | 1785 |
further action letter to the director of environmental
protection | 1786 |
and by a written notice informing the person that the
original | 1787 |
letter may be submitted to the director only by a
certified | 1788 |
professional and that the person may receive a covenant
not to sue | 1789 |
from the director in connection with the voluntary
action only if | 1790 |
the no further action letter for the voluntary
action is submitted | 1791 |
to the director on histhe person's behalf
by
the certified | 1792 |
professional. | 1793 |
Promptly after receipt of the letter and request, the
person | 1794 |
who undertook the voluntary action shall send written
notice to | 1795 |
the certified professional informing himthe certified | 1796 |
professional as to whether
the person wishes to submit the letter | 1797 |
to the director and shall
send a copy of the notice to the | 1798 |
director. If the person's
notice indicates that hethe person | 1799 |
wishes to have the no
further action letter submitted to the | 1800 |
director, promptly after receipt of the
notice, the certified | 1801 |
professional shall submit the original no
further action letter, | 1802 |
together with a proposed environmental convenant, if applicable, | 1803 |
and a proposed operation and maintenance agreement, if applicable, | 1804 |
to the director by certified mail on behalf
of the person who | 1805 |
undertook the voluntary action. If the person
who undertook the | 1806 |
voluntary action notifies the certified
professional that hethe | 1807 |
person does not wish to submit the no
further action letter to the | 1808 |
director, the certified professional shall
send the original | 1809 |
letter to the person promptly after receiving
the notice. | 1810 |
(D) A certified professional shall maintain all documents
and | 1843 |
data prepared or acquired by himthe certified professional
in | 1844 |
connection with a no
further action letter for not less than ten | 1845 |
years after the date
of issuance of the letter or after the notice | 1846 |
required under
division (B) of this section has been sent, as | 1847 |
applicable, or for
a longer period as determined in rules adopted | 1848 |
under section
3746.04 of the Revised Code. The director shall have | 1849 |
access to
those documents and data in accordance with section | 1850 |
3746.18 or
3746.31 of the Revised Code. | 1851 |
Sec. 3746.13. (A) For property that does not involve the | 1852 |
issuance of a consolidated standards permit under section 3746.15 | 1853 |
of the Revised Code and where no engineering or institutional | 1854 |
controlsremedial activities for which there is a required | 1855 |
operation and maintenance agreement or an environmental covenant | 1856 |
under this chapter or sections 5301.80 to 5301.92 of the Revised | 1857 |
Code, as applicable, are used to comply with applicable standards, | 1858 |
the
director of environmental protection shall issue a covenant | 1859 |
not
to
sue pursuant to section 3746.12 of the Revised Code by | 1860 |
issuance of
an order and as a final action under Chapter 3745. of | 1861 |
the
Revised Code
within thirty days after the director receives | 1862 |
the
no further
action letter for the property and accompanying | 1863 |
verification from
the certified professional who prepared the | 1864 |
letter under section
3746.11 of the Revised Code. | 1865 |
(B) For property that involves the issuance of a
consolidated | 1866 |
standards permit under section 3746.15 of the
Revised
Code or | 1867 |
where engineering or institutional controlsremedial activities | 1868 |
for which there is a required operation and maintenance agreement | 1869 |
or an environmental covenant under this chapter or sections | 1870 |
5301.80 to 5301.92 of the Revised Code, as applicable, are
used to | 1871 |
comply with applicable standards, the director shall
issue a | 1872 |
covenant not to sue pursuant to section 3746.12 of the Revised | 1873 |
Code by issuance of an order and as a final
action
under Chapter | 1874 |
3745. of the Revised Code within ninety days
after
the director | 1875 |
receives the no further action letter for the
property and | 1876 |
accompanying verification from the certified
professional who | 1877 |
prepared the letter and enters into an environmental convenant | 1878 |
regarding the property, if applicable. | 1879 |
Sec. 3746.14. (A) Except as otherwise provided in
division | 1895 |
(B) of this section, a no further action letter issued
for a | 1896 |
property under section 3746.11 of the Revised Code, a
covenant not | 1897 |
to sue issued for the property under section 3746.12
of the | 1898 |
Revised Code, and any restrictions on the use of such property | 1899 |
identified pursuant to division (C)(3) of section
3746.10 of the | 1900 |
Revised Code shall be filed in the office of the
county recorder | 1901 |
of the county in which the property is located by
the person to | 1902 |
whom the covenant not to sue was issued and shall
be recorded in | 1903 |
the same manner as a deed to the property. The no
further action | 1904 |
letter, covenant not to sue, and use restrictions,
if any, shall | 1905 |
run with the propertythe person to whom a covenant not to sue for | 1906 |
a property has been issued under section 3746.12 of the Revised | 1907 |
Code shall file for recording in the office of the county recorder | 1908 |
of the county in which the property is located a true and accurate | 1909 |
copy of all of the following: | 1910 |
(B) Pursuant to Chapter 5309. of the Revised Code, a no | 1924 |
further action letter, a covenant not to sue, and, if applicable, | 1925 |
any operation and maintenance agreement and use restrictions | 1926 |
environmental covenant
prepared, issued, entered into, or | 1927 |
identified under this chapter
and rules adopted under it or under | 1928 |
sections 5301.80 to 5301.92 of the Revised Code, as applicable, in | 1929 |
connection with registered land, as
defined in section 5309.01 of | 1930 |
the Revised Code, shall be entered
as a memorial on the page of | 1931 |
the register where the title of the
owner is registered. | 1932 |
Sec. 3746.171. The director of environmental protection | 1939 |
shall maintain a record of the properties for which covenants not | 1940 |
to sue were issued under section 3746.12 of the Revised Code that | 1941 |
involve institutional controls or activity and use limitations | 1942 |
that restrict the use of the
properties in order to comply with | 1943 |
applicable standards. The
records pertaining to those properties | 1944 |
shall indicate the use
restrictions or activity and use | 1945 |
limitations applicable to each of them. At least once every
five | 1946 |
years, the director or hisan authorized representative
of the | 1947 |
director shall visually inspect each such property to determine | 1948 |
whether the
property is being used in compliance with the | 1949 |
applicable
institutional controls or activity and use limitations. | 1950 |
Sec. 5301.84. An agency is bound by any obligation that it | 2082 |
expressly assumes in an environmental covenant, but an agency does | 2083 |
not assume obligations merely by signing an environmental | 2084 |
covenant. Any other person that signs an environmental covenant is | 2085 |
bound by the obligations that the person assumes in the | 2086 |
environmental covenant, but signing the environmental covenant | 2087 |
does not change obligations, rights, or protections that are | 2088 |
granted or imposed under law other than sections 5301.80 to | 2089 |
5301.92 of the Revised Code, except as provided in the | 2090 |
environmental covenant. | 2091 |
(C) An instrument that creates restrictions or obligations | 2113 |
with respect to real property that would qualify as activity and | 2114 |
use limitations except for the fact that the instrument was | 2115 |
recorded before the effective date of sections 5301.80 to 5301.92 | 2116 |
of the Revised Code is not invalid or unenforceable because of any | 2117 |
of the limitations on enforcement of interests described in | 2118 |
division (B) of this section or because it was identified as an | 2119 |
easement, servitude, deed restriction, or other interest. Sections | 2120 |
5301.80 to 5301.92 of the Revised Code do not apply in any other | 2121 |
respect to such an instrument. | 2122 |
(E) Nothing in sections 5301.80 to 5301.92 of the Revised | 2127 |
Code shall be construed to restrict, affect, or impair the rights | 2128 |
of any person under the Revised Code or common law to enter into | 2129 |
or record a restrictive covenant, institutional control, easement, | 2130 |
servitude, or other restriction on the use of property that does | 2131 |
not satisfy the requirements of division (A) of section 5301.82 of | 2132 |
the Revised Code and does not have the permission, approval, or | 2133 |
consent of an agency, political subdivision, regulatory body, or | 2134 |
other unit of government. However, a restrictive covenant, | 2135 |
institutional control, easement, servitude, or other restriction | 2136 |
on the use of property entered into or recorded without such | 2137 |
permission, approval, or consent is not an environmental covenant | 2138 |
and is not binding on an agency, political subdivision, regulatory | 2139 |
body, or other unit of government. | 2140 |
(B) If the agency that signed an environmental covenant has | 2210 |
determined that the intended benefits of the environmental | 2211 |
covenant can no longer be realized, a court, under the doctrine of | 2212 |
changed circumstances, in an action in which all persons | 2213 |
identified in divisions (A) and (B) of section 5301.90 of the | 2214 |
Revised Code have been given notice, may terminate the | 2215 |
environmental covenant or reduce its burden on the real property | 2216 |
that is subject to the environmental covenant. | 2217 |
(C) Except as otherwise provided in divisions (A) and (B) of | 2218 |
this section, an environmental covenant may not be extinguished, | 2219 |
limited, or impaired through issuance of a tax deed, foreclosure | 2220 |
of a tax lien, or application of the doctrine of adverse | 2221 |
possession, prescription, abandonment, waiver, lack of | 2222 |
enforcement, or acquiescence or a similar doctrine. | 2223 |
Sec. 5301.92. Sections 5301.80 to 5301.92 of the Revised | 2283 |
Code modify, limit, or supersede the "Electronic Signatures in | 2284 |
Global and National Commerce Act," 114 Stat. 464 (2000), 15 U.S.C. | 2285 |
7001 et seq., as amended, except that sections 5301.80 to 5301.92 | 2286 |
of the Revised Code do not modify, limit, or supersede section 101 | 2287 |
of that act, 15 U.S.C. 7001(a), as amended, or authorize | 2288 |
electronic delivery of any of the notices described in section 103 | 2289 |
of that act, 15 U.S.C. 7003(b), as amended. | 2290 |
Section 2. That existing sections 123.01, 317.08, 3734.22, | 2291 |
3734.24, 3734.25, 3734.26, 3737.88, 3737.882, 3745.01, 3746.01, | 2292 |
3746.04, 3746.05, 3746.10, 3746.11, 3746.13, 3746.14, and 3746.171 | 2293 |
of the Revised Code are hereby repealed. | 2294 |