Current through all regulations passed and filed through September 16, 2024
(A) As a prerequisite to determining fund
payment or reimbursement for compensation paid or to be paid for third-party
claims for bodily injury or property damages caused by the accidental release of
petroleum resulting in the need for corrective action, the director of the fund
shall issue a determination of eligibility where all of the following conditions
are established:
(1) Receipt of an application
for eligibility, from a responsible person, for third-party bodily injury or
third-party property damage caused by an accidental release of petroleum within
thirty days from the first of any of the following events: service of a
third-party complaint against a responsible person, the submission of a
third-party demand for settlement, or notice of representation of a third party
in a lawsuit against a responsible person. Where a third-party eligibility
application is incomplete, the director or the director's designee may make a
written request for additional information. The responsible person shall supply
the additional information in writing and within sixty days from the date of the
request. If the responsible person fails to make a written response within sixty
days from the date of the request, the director or the director's designee shall
make a second request for the information and shall notify the responsible person
that failure to respond within thirty days from the date of the second request
shall result in an eligibility denial. If the responsible person fails to make a
written response within thirty days from the date the second request is sent,
eligibility shall be denied;
(2) At
the time of the release incident, a responsible person possessed a valid
certificate of coverage, issued pursuant to rule 3737-1-18 of the Administrative Code and the validity of which has been maintained pursuant to paragraph (E) of rule 3737-1-04 of the Administrative Code, for the petroleum underground storage tank system from which the release occurred;
(3) One of the following applies:
(a) At the time of the release incident , the petroleum underground
storage tank system from which the release occurred was registered in compliance
with rules adopted by the fire marshal under section 3737.88 of the Revised
Code;
(b) The fire marshal has
recommended that payment or reimbursement be made because good cause existed for
the responsible person's failure to have so registered the petroleum underground
storage tank system, and the responsible person has registered the petroleum
underground storage tank system with the fire marshal and paid all back
registration fees payable under those rules for registration of the system from
the time the responsible person should have, but failed to register the
system.
(4) The fire
marshal has determined that, when the claim was filed, a responsible person was
in compliance with all orders issued under sections 3737.88 and 3737.882 of the
Revised Code regarding the petroleum underground storage tank system from which
the release occurred;
(5) A
responsible person demonstrates financial responsibility for the deductible
amount applicable under section 3737.91 of the Revised Code for the petroleum
underground storage tank system from which the release occurred;
(6) The responsible person has not falsified
any attestation contained on a registration application required by rules adopted
under section 3737.88 of the Revised Code;
(7) The responsible person has met the
petroleum release, suspected release, and confirmed release reporting
requirements set forth in rule 1301:7-9-13 of the Administrative Code;
(8) At the time of the release incident, the
petroleum underground storage tank system from which the release occurred was in
compliance with rules, other than rules regarding registration, adopted by the
fire marshal under section 3737.88 of the Revised Code; and
(9) The responsible person has been determined
eligible for payment of or reimbursement for eligible corrective action costs
pursuant to rule 3737-1-07 of the Administrative Code.
(B) A responsible person determined eligible
pursuant to paragraph (A) of this rule for fund payment or reimbursement shall
maintain eligibility to the fund by doing all of the following:
(1) Maintaining all records required to be kept
by this chapter;
(2) Paying all fees
assessed;
(3) Maintaining compliance
with all orders issued pursuant to sections 3737.88 and 3737.882 of the Revised
Code; and
(4) Maintaining compliance
with applicable rules for petroleum underground storage tank systems adopted by
the fire marshal under section 3737.88 of the Revised Code for the underground
storage tank system from which the release occurred.
(C) When the director has reason to believe
that a responsible person determined eligible to claim against the financial
assurance fund pursuant to paragraph (A) of this rule has failed to maintain fund
eligibility pursuant to paragraph (B) of this rule, the director shall issue a
notice of pending fund ineligibility. The responsible person shall have thirty
days from the mailing of such notice to either provide evidence of compliance
with all fund eligibility requirements or take all necessary steps to correct the
non-compliance.
If, after thirty days from the mailing of the notice of pending
fund ineligibility, the responsible person fails to resolve the non-compliance,
the director shall issue a determination of fund ineligibility immediately
nullifying any previously determined eligibility for disbursement from the
financial assurance fund. The director shall provide the fire marshal with a copy
of the determination issued pursuant to this paragraph.
(D) A responsible person or the fire marshal
may file written objections with the board to the director's determination of
fund ineligibility no later than thirty days from the mailing of the
determination of fund ineligibility. The board upon receipt of the objections
shall appoint a referee to conduct an adjudication hearing on the determination
in accordance with section 119.09 of the Revised Code.
(E) Determination of fund eligibility does not
constitute an obligation for reimbursement from the fund.
Effective:
7/1/2020
Five Year Review (FYR) Dates:
11/29/2019 and
07/31/2024
Promulgated Under:
119.03
Statutory Authority: 3737.90
Rule Amplifies:
3737.92
Prior Effective Dates: 08/01/1990, 05/04/1992, 04/26/1993,
07/01/1994, 07/01/1996, 09/18/1999, 07/01/2003, 04/01/2005, 11/30/2009,
01/01/2015, 07/01/2015, 01/01/2019
