Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-300 - Voluntary Action Program
Section 3745-300-05 - Certified professionals
Universal Citation: OH Admin Code 3745-300-05
Current through all regulations passed and filed through September 16, 2024
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-300-15 of the Administrative Code titled "Incorporation by reference - voluntary action program."]
(A) Criteria for certification.
(1) Individuals applying for
certification shall provide such information and evidence as Ohio EPA deems
reasonably necessary to enable the director to determine that the individual
meets the qualifications provided in this rule.
(2) The director shall issue a certificate to
an individual upon a demonstration, to the director's satisfaction, of the
following:
(a) The individual has earned a
minimum of a bachelor's degree from a recognized educational institution in
biology, chemistry, environmental sciences, geology, hydrogeology, toxicology,
scientific subdisciplines of public health or hazardous waste management,
appropriate areas of engineering, or in a curriculum determined to be
equivalent by the director. The charter or accreditation of the recognized
educational institution shall have been effective as of the date the
individual's degree was granted.
(b) The individual possesses eight years of
relevant professional experience three of which are supervisory or project
management related. Such experience shall consist of an average minimum of
twenty hours per week. Relevant professional experience that consists of less
than an average minimum of twenty hours per week shall be applied toward the
satisfaction of this requirement on a pro rata basis.
(c) The individual possesses the professional
competence and knowledge to perform the tasks required of a certified
professional. This determination shall be made by a review of evidence
including, but not limited to, references, Ohio EPA comments on past work
submitted to Ohio EPA, the application form, and other sources the director
deems appropriate. To make this determination, the director
may
consider the following:
(i) Proficiency of the
individual.
(ii) Duration of the
individual's relevant employment.
(iii) Previous performance of the individual
with regard to various investigative methods used, including but not limited
to, whether such experience includes work at sites where subsurface
investigations that involved hazardous substances or petroleum
occurred.
(iv) Previous performance
of the individual with regard to past performance working with Ohio
EPA.
(v) Previous performance of
the individual with regard to the various types of remedial systems designed
and monitored.
(vi) Performance of
the individual with regard to risk and exposure assessments.
(vii) Performance of the individual with
regard to evaluating laboratory data quality and sufficiency to conduct a
voluntary action.
(viii) Number of
individuals and disciplines of other professionals supervised or coordinated by
the individual.
(ix) Nature of
conclusions reached and recommendations and opinions presented by the
individual.
(x) Any other factors
the director deems relevant.
(d) The individual completed initial
certification training in accordance with this rule. Each individual who
applies for initial certification shall complete initial certification training
by attending all sessions of the initial certification training. Initial
certification training shall consist of at least eight hours of instruction
pertaining to the technical implementation of Chapter 3746. of the Revised
Code, this chapter, and the standards of conduct a certified professional shall
exercise when professional services are provided under Chapter 3746. of the
Revised Code and this chapter.
(i) The
training may be conducted by Ohio EPA or a third-party in a manner and using
materials approved by Ohio EPA. Ohio EPA shall review, and, with or without
modification, shall approve the training syllabi, and the scope and content of
training and training materials used by a third party prior to use at an
initial certification training.
(ii) Ohio EPA or the third party who conducts
the initial certification training may charge each person who registers for or
who attends the initial certification training a non-refundable fee,
established at a level sufficient to defray the actual costs of the training.
The fee amount is subject to Ohio EPA approval.
(iii) Upon the conclusion of each initial
certification training, Ohio EPA or the third-party shall provide each person
who completed the initial certification training a certificate of completion.
The third party shall submit to Ohio EPA the name and contact information of
each person who completed the initial certification training.
(iv) Initial certification training is valid
for one year after the date the individual completes the initial certification
training as provided in the certificate of completion. If the individual who
applies for initial certification does not submit the application within one
year after completion of the initial certification training, the individual
shall re-take the training.
(e) Possesses good moral character. Evidence
of an inability to comply with the ethical responsibilities required of a
certified professional with good moral character includes, but is not limited
to, acts that involve dishonesty, fraud, or deceit.
(3) An individual who has earned advanced
degrees from recognized educational institutions in addition to those required
to meet the minimum educational requirements may request that the director
credit that additional education toward the requirements for relevant
professional experience if the individual can demonstrate to the director's
satisfaction that the advanced degree constitutes relevant experience. Credit
may be granted in accordance with the following:
(a) One year credit for each relevant
master's degree.
(b) Two years
credit for a relevant doctorate degree.
(c) A maximum of two years credit may be
granted for such additional education.
(4) Certification shall be denied if the
director finds the following:
(a) The
individual does not meet the requirements provided in paragraph (A)(2) of this
rule.
(b) The individual committed
an act that involves dishonesty, fraud, or deceit, or otherwise lacks
sufficient honesty or integrity.
(c) The individual fails to pay the fees and
costs as provided in this chapter.
(5) An individual may be denied certification
if the director finds that the individual is or was subject to certification or
license denial, revocation, or suspension in this state, another state, or
under a federal program.
(6) Except
as provided in paragraphs (A)(4) and (A)(5) of this rule, an individual who
meets the qualifications of paragraph (A)(2) of this rule and pays the
application fee shall be issued a certificate.
(B) Procedure for initial certification.
(1) An individual who applies for
certification shall submit to Ohio EPA a complete and current version of an
initial application in a manner prescribed by Ohio EPA.
(2) The individual shall submit full payment
of the non-refundable fee, as described in paragraph (B)(1) of rule
3745-300-03 of the
Administrative Code.
(3) The
individual shall submit official transcripts from the appropriate educational
institutions to verify that the educational qualifications specified in
paragraphs (A)(2)(a) and (A)(3) of this rule are met.
(4) The individual shall submit a certificate
of completion that demonstrates the individual's completion of the initial
certification training in accordance with paragraph (A)(2)(d) of this
rule.
(5) All documents and
information submitted to Ohio EPA pursuant to this paragraph shall be
accompanied by an affidavit from the individual affirming that upon knowledge,
information, and belief, all information submitted in support of the
individual's certification application is true, accurate, and
complete.
(6) Within fourteen days
after receipt, Ohio EPA shall conduct a completeness review of an individual's
initial certification application, as follows:
(a) Ohio EPA shall not consider an incomplete
application, and shall notify the individual of any reasons the application is
incomplete, and of any additional information required for further
consideration of the application.
(b) The director shall not initiate final
review of an application until Ohio EPA determines that the application is
complete.
(c) Nothing in this rule
prevents Ohio EPA from requiring an individual to promptly provide any
information necessary to determine whether to approve or deny
certification.
(7)
Within forty-five days after Ohio EPA determines that an application is
complete, the director shall either approve or deny certification. The initial
certification is valid for one year after the date of approval. If the director
denies certification, the director shall provide a letter that describes the
deficiencies upon which the certification denial is based.
(8) Each individual shall demonstrate to the
director's satisfaction that the individual meets the requirements for
certification. Ohio EPA may require an individual to appear for a personal
interview to answer questions pertaining to an application. If a personal
interview is scheduled, the time to approve or deny an application as provided
in paragraph (B)(7) of this rule shall be extended to twenty days after the
date a personal interview is conducted. If an individual twice fails to appear
for a personal interview scheduled with Ohio EPA, the application
may be
denied unless the director finds such failure to appear was due to
circumstances beyond the individual's reasonable control.
(C) Procedure for renewal of certification.
(1) An individual who applies for
certification renewal shall submit to Ohio EPA a complete and current version
of a renewal application in a manner prescribed by Ohio EPA. The complete
renewal application shall be submitted before certification expires to maintain
continuous certification. Submittal of a renewal application after the
expiration date shall result in a lapse in the individual's
certification.
(2) A complete
renewal application shall include the following:
(a) Full payment of the annual fee described
in paragraph (B)(2) of rule
3745-300-03 of the
Administrative Code.
(b) Compliance
with the standards of conduct described in paragraph (E) of this
rule.
(c) Fulfillment of the
continuing education requirements described in paragraph (C)(3) of this
rule.
(d) Completion of initial
certification training, if applicable, in accordance with paragraph (A)(2)(d)
of this rule.
(e) All documents and
information submitted to Ohio EPA pursuant to this paragraph shall be
accompanied by an affidavit from the individual, affirming that upon knowledge,
information, and belief, all information submitted in support of the renewal
application is true, accurate, and complete.
(3) To maintain certification, a certified
professional either shall demonstrate to the director's satisfaction that the
certified professional has completed a minimum of twelve professional
development hour units in the certification period, as described in this rule,
of relevant continuing education, or shall obtain an excuse or modification of
those requirements in accordance with paragraph (C)(10) of this rule.
Professional development hour units may be earned as follows:
(a) Attendance at and successful completion
of any of the following:
(i) Relevant college
courses.
(ii) Relevant continuing
education courses.
(iii)
Seminars.
(iv) In-house
courses.
(v) Workshops.
(vi) Meetings.
(vii) Conventions.
(viii) Conferences pertaining to
investigation, assessment, or remediation of hazardous substances or
petroleum.
(b)
Presentation and instruction at any of the following:
(i) Courses, seminars, workshops, or other
meetings identified in paragraph (C)(3)(a) of this rule.
(ii) Instruction of courses in biology,
chemistry, environmental sciences, geology, hydrogeology, toxicology,
scientific subdisciplines, hazardous waste management, appropriate areas of
engineering.
(iii) Other core
courses that do not qualify under paragraph (C)(3)(a) of this rule, but
demonstrate the certified professional's knowledge of the subject matter
relevant to the investigation, assessment, or remediation of hazardous
substances or petroleum.
(c) The director has final authority with
respect to approval of courses, credit, professional development hour unit
value for courses, and other methods of earning credit.
(4) The conversion of other units of credit
to professional development hour units is as follows:
(a) Once college or unit semester hour equals
twenty professional development hour units.
(b) One college or unit quarter hour equals
fifteen professional development hour units.
(c) One continuing education unit equals ten
professional development hour units.
(d) One hour of attendance at seminars,
in-house courses, workshops, or professional or technical presentations made at
meetings, conventions, or conferences equals one professional development hour
unit.
(5) A certified
professional's initial presentation or instruction of a course, seminar,
workshop, or other meeting described in paragraph (C)(3) of this rule
may be
eligible to receive credit for twice the professional development hour units
that would be credited for attendance of the part of the course, seminar,
workshop, or other meeting presented or instructed by the certified
professional. This additional credit is not available to full-time
faculty.
(6) Professional
development hour units shall not be earned for the following:
(a) Any worker health and safety
training.
(b) Any course, seminar,
or workshop designed primarily for hazardous waste facility personnel as
training on the requirements of Chapter 3734. of the Revised Code or the rules
adopted thereunder. Partial credit may be claimed and earned for the portions
of such course, seminar, or workshop that relate to the performance of a
voluntary action, such as waste characterization and hazardous waste
management.
(c) Attendance at a
course, seminar, or workshop more than once in a certification
period.
(7) A certified
professional shall earn a minimum of six of the twelve professional development
hour units in the certification period by attendance of courses and seminars
conducted by Ohio EPA that are approved for professional development hour
units.
(8) A certified professional
who has not submitted a no further action letter to the director in request of
a covenant not to sue within the past four calendar years shall demonstrate
having done either of the following:
(a)
Attended and completed initial certification training in accordance with
paragraphs (A)(2)(d)(i) to (A)(2)(d)(iii) of this rule within the past four
calendar years.
(b) Attended and
completed an alternative Ohio EPA-sponsored course or third-party course
approved by Ohio EPA pertaining to the technical implementation of this
chapter, and the standards of conduct applicable to a certified professional
under this chapter. The course shall be completed within one year prior to any
application for certification.
(9) Documents used to support professional
development hour units claimed shall be submitted with the renewal application
and shall include the following:
(a) A
personal log or attendance verification document that shows the date of the
activity, type of activity claimed, sponsoring organization, and the actual
hours of instruction.
(b) Course
summaries or conference agendas with details of the sessions
attended.
(10) The
director may excuse or modify the continuing education requirements of this
rule for any certification period if a certified professional is able to
demonstrate to the director's satisfaction that the certified professional is
unable to complete the minimum requirements due to the following:
(a) Health reasons, as certified by a medical
doctor.
(b) Active service in the
armed forces of the United States.
(11) Within fourteen days after receipt, Ohio
EPA shall conduct a completeness review of an individual's renewal
certification application, as follows:
(a)
Ohio EPA shall not consider an incomplete application, and shall notify the
individual of any reasons the application is incomplete, and of any additional
information required for further consideration of the application.
(b) The director shall not approve or deny an
application until Ohio EPA determines that the application is
complete.
(c) Nothing in this rule
prevents Ohio EPA from requiring the individual to promptly provide any
information necessary to determine whether to approve or deny
certification.
(d) If the
individual provides the additional information required to complete the
application after the expiration date of certification, there shall be a lapse
between certification periods. Individuals shall verify that there was no lapse
in certification at the time the individual issues any voluntary action
opinions.
(12) The
certified professional has thirty days after notification of an incomplete
application to provide additional documentation, such as completion of
professional development hour units within the certification period, and to
submit such documentation as an addendum in accordance with paragraphs (C)(1)
to (C)(2) of this rule.
(13) If the
director determines that the certified professional has not submitted
documentation of a completed application, or the certified professional has not
complied with a standard of conduct in performance of professional services as
described in this rule, the director may deny the renewal certification
application. If the director denies renewal of a certification, the director
shall provide a letter that describes the reasons for the denial of
certification renewal.
(14) The
individual may provide professional services and may render voluntary action
opinions under this chapter only when in possession of certification that is
issued and is unexpired. Certification expires one year after the date of
issuance, unless the certification is suspended or revoked prior to expiration.
An individual whose certification expired and was not renewed within sixty days
after the expiration date of the certificate shall not apply for renewal
certification pursuant to paragraph (C)(1) of this rule, but may apply for
certification pursuant to paragraphs (A) and (B) of this rule.
(D) Biocriteria certification.
(1) If the qualitative habitat evaluation
index, index of biotic integrity, modified index of well-being, and the
invertebrate community index are used in support of a no further action letter,
the certified professional or the certified professional's designated
representative shall do the following:
(a)
Conduct these indices in accordance with the procedures in "Biological Criteria
for the Protection of Aquatic Life" (referred to as the "biocriterial manual")
only for those indices for which the certified professional or the certified
professional's designated representative received approval for under paragraph
(D)(1)(b) of this rule.
(b) Receive
approval by the director for status under paragraph (B) of rule
3745-4-03 of the Administrative
Code to be a qualified data collector for level 3 credible data for any one or
a combination of the following:
(i) Stream
habitat assessment.
(ii) Fish
community biology.
(iii) Benthic
macroinvertebrate biology.
(c) Submit with the no further action letter
written documentation from Ohio EPA which states that the certified
professional or the certified professional's designated representative received
approval by the director for status under paragraph (B) of rule
3745-4-03 of the Administrative
Code to be a qualified data collector for level 3 credible data.
(2)
In accordance
with rule
3745-4-03 of the Administrative
Code, qualified data collector level 3 status shall be renewed every two
years before qualified data collector level 3 status automatically expires.
(E) Standards of conduct. The following standards apply to a certified professional only when the certified professional provides professional services under Chapter 3746. of the Revised Code and this chapter:
(1) Professional competency.
(a) A certified professional shall act with
care and diligence, and shall fully apply the certified professional's
knowledge and skill at the time professional services are performed.
(b) A certified professional may render a
voluntary action opinion only when the certified professional, individually or
together with other persons who are qualified by education, training, and
experience in other areas outside the certified professional's area of
professional practice, has done either of the following:
(i) Managed, supervised, or actually
performed the work which is required to render the voluntary action
opinion.
(ii) Reviewed the work
performed by other qualified persons which is required to render the voluntary
action opinion.
(2) Professional responsibility.
(a) A certified professional shall hold
paramount public health, safety, welfare, and the environment in the
performance of professional services.
(b) If a certified professional identifies an
imminent hazard at a property at which the certified professional is providing
professional services, the certified professional shall do the following:
(i) Immediately notify the volunteer, or the
owner or operator of the property if different from the volunteer, of the
imminent hazard.
(ii) Immediately
notify the volunteer, or the owner or operator of the property if different
from the volunteer, of the need for the volunteer or the owner or operator of
the property to notify Ohio EPA of the imminent hazard.
(iii) Notify Ohio EPA of the imminent hazard
if the volunteer, or the owner or operator of the property if different from
the volunteer, does not submit written confirmation to the certified
professional within forty-eight hours after the imminent hazard was identified
that the hazard was addressed, or the director was notified.
(c) If a certified professional
discovers the occurrence of a release at or from a property that is subject to
section 3750.06 of the Revised Code, the
certified professional shall do the following:
(i) Immediately advise the volunteer, or the
owner or operator of the property if different from the volunteer, of the
condition and the need for the volunteer, owner, or operator of the property if
different from the volunteer, to notify Ohio EPA within the applicable time
frame established in section
3750.06 of the Revised
Code.
(ii) Notify Ohio EPA of the
condition if the certified professional is not able to notify the volunteer, or
the owner or operator of the property if different from the volunteer, within
the applicable time frames established in section
3750.06 of the Revised
Code.
(d) In the event
that a certified professional knows or has reason to know of an action taken by
a volunteer, or any person who conducts work in connection with a voluntary
action, that significantly deviates from any scope of work, plan, or report
developed to comply with this chapter or an order of the director issued under
division (B)(3) of section
3746.12 of the Revised Code, the
certified professional shall promptly notify the volunteer in writing of such
deviation. For purposes of this rule, scope of work or plan includes any
operation and maintenance plan and risk mitigation plan that is applicable to
the property.
(e) A certified
professional shall do the following:
(i)
Exercise independent professional judgment, and be objective in any
professional report, statement, or testimony.
(ii) Comply with the applicable provisions of
this chapter and Chapter 3746. of the Revised Code.
(iii) Make a good faith and diligent effort
to obtain all relevant data, reports, and other available information regarding
conditions at a property, and identify and obtain such additional data and
other information as the certified professional deems necessary to provide
professional services.
(iv)
Ensure that the data relied upon to render a voluntary
action opinion is verified valid, in accordance with "data verification," as
defined in rule
3745-300-01 of the
Administrative Code, for that use and was provided by a laboratory, as defined
in paragraph (L)(1) of rule
3745-300-01 of the
Administrative Code.
(v) When a voluntary
action opinion is rendered, disclose and explain in the voluntary action
opinion the relevant facts, data, and other information that support the
voluntary action opinion, and all qualifications and limitations of the
voluntary action opinion.
(f) If, subsequent to the date a certified
professional issued a no further action letter, the certified professional
learns that relevant facts, data, or other information existed at the time the
no further action letter was issued which indicates that applicable standards
were not met, the certified professional shall do the following:
(i) Promptly notify the volunteer or the
owner or operator of the property if different from the volunteer, that the
applicable standards were not met, and of the need for the certified
professional to notify Ohio EPA.
(ii) Notify Ohio EPA that applicable
standards were not met if required. For purposes of this rule, the certified
professional is required to notify Ohio EPA if the volunteer, or the owner or
operator of the property if different from the volunteer, does not submit
written confirmation to the certified professional within thirty days after the
certified professional learns of the relevant facts, data, or other
information, that the volunteer, owner, or operator notified Ohio
EPA.
(g) In the event
that a volunteer prevents or attempts to prevent a certified professional from
acting in accordance with paragraphs (E)(2)(e)(i) to
(E)(2)(e)(v) of this rule, the certified professional
shall sever the certified professional's relationship with the
volunteer.
(h) A certified
professional shall not engage in fraudulent or dishonest business practices or
allow the use of the certified professional's name by, or associate in a
business venture with, any person or firm which the certified professional
knows or should know is engaging in fraudulent or dishonest business
practices.
(i) A certified
professional shall cooperate fully in the conduct of audits by the director and
shall promptly furnish such information as the director deems necessary to
perform all audits under this chapter and section
3746.17 of the Revised
Code.
(j) A certified professional
shall promptly and completely respond to all document requests made by the
director under this chapter and Chapter 3746. of the Revised Code.
(3) Conflicts of interest and
contingent fees.
(a) A certified professional
shall not accept compensation, financial or otherwise, from more than one
person for professional services regarding a property, unless the circumstances
are fully disclosed in writing to, and agreed to, by all persons who contract
with the certified professional for professional services with regard to that
property.
(b) A certified
professional shall not render a voluntary action opinion with respect to any
property owned, leased, or operated by or in which any of the following persons
have an interest:
(i) The certified
professional.
(ii) An employer or a
person affiliated with an employer of the certified professional.
(iii) A relative or past relative of the
certified professional.
(iv) A
person, or any affiliated person, with whom the certified professional was
employed during the year preceding, or in the year subsequent to, the date at
which the certified professional entered into a contract with that
person.
(v) Any person whose
relationship with the certified professional may impact the certified
professional's ability to discharge professional obligations under this
chapter.
(c) In the
event that a certified professional has, develops, or acquires any business
association, direct or indirect financial interest, or other circumstance which
could create an impression of influencing the certified professional's judgment
in connection with performance of professional services, the certified
professional shall fully disclose in writing, to the person who has contracted
with the certified professional for professional services, the nature of the
business association, financial interest, or other circumstance.
(i) If the person who contracted with the
certified professional for professional services objects to such business
association, financial interest or circumstance, the certified professional, at
the certified professional's discretion, shall do either of
the following:
(a)
Terminate
the business association, financial interest, or circumstances.
(b)
Terminate the professional services pertaining to the
voluntary action.
(ii) If a certified professional believes
that a business association, financial interest, or other circumstance renders
the certified professional incapable of discharging professional obligations
under this chapter regarding a voluntary action, the certified professional
shall terminate the certified professional's involvement regarding that
voluntary action and shall avoid any further involvement regarding such
action.
(d) A certified
professional shall not solicit or accept financial or other consideration from
any person in return for specification of or endorsement of the products or
services of such person in connection with a voluntary action.
(e) A certified professional shall not
provide professional services under a contingency arrangement whereby the
amount of payment of any consideration to the certified professional is
dependent upon or related to the attainment or non-attainment of a specified
finding or result, or where the payment of any consideration to the certified
professional in whole or in part is otherwise dependent upon or related to a
specified finding or result of such services.
(f) A certified professional shall not
advertise or otherwise promise to any person that the certified professional
will issue a no further action letter regarding a property until the certified
professional determines that all requirements of Chapter 3746. of the Revised
Code and this chapter are satisfied.
(4) Affidavit requirement- voluntary action
opinions. Certified professionals shall submit each voluntary action opinion by
affidavit pursuant to this paragraph except for no further action letters that
are subject to the affidavit provisions of paragraph (Q) of rule
3745-300-13 of the
Administrative Code. The certified professional shall submit an affidavit based
upon the certified professional's knowledge, information, and belief, which
includes the following:
(a) Name of the
certified professional.
(b) Name
and address of the property that is the subject of the voluntary
action.
(c) The purpose for which
the voluntary action opinion is submitted.
(d) Identification of the information, data,
documents, or reports included with the voluntary action opinion submitted with
the affidavit.
(e) Statement
attesting that the certified professional has read all of the standards of
conduct in paragraph (E) of this rule and is in compliance with the standards
of conduct regarding the voluntary action opinion.
(f) Statement attesting that the voluntary
action opinion and the associated information, data, documents, or reports
submitted by the certified professional are true, accurate, and
complete.
(F) Suspension or revocation of certification.
(1)
The director
may revoke the certification of a certified
professional for a period of time to be determined by the director if the
director finds that any information on the certified professional's application
for initial certification or application for renewal certification or any
information in connection with a voluntary action was falsified.
(2) The director may suspend or revoke the
certification of a certified professional for a period of time to be determined
by the director if the director finds any of the following:
(a) The certified professional's performance
resulted in the issuance of a no further action letter that is not consistent
with applicable standards in this chapter or Chapter 3746. of the Revised
Code.
(b) The certified
professional did not substantially comply with section
3746.31 of the Revised Code or
paragraph (I)(2) of this rule.
(3) The director may suspend for a period of
not more than five years, or may permanently revoke, a certification if the
director finds any of the following:
(a) The
certified professional violated or failed to comply with the standards of
conduct established in paragraph (E) of this rule.
(b) The certified professional was denied
certification for performing environmental work in this state, another state,
or under federal programs.
(c) The
certified professional's certification to perform environmental work in this
state, another state, or under federal programs was revoked or
suspended.
(d) The certified
professional used the certified professional seal described in paragraph (L) of
this rule in an unauthorized manner.
(e) The certified professional committed an
act involving dishonesty, fraud, or deceit.
(f) The certified professional's
certification was suspended or revoked under this chapter on at least two
occasions.
(g) The certified
professional failed to make annual fee payments in accordance with paragraph
(C)(1) of this rule and paragraph (B)(2) of rule
3745-300-03 of the
Administrative Code.
(4)
The director may request the certified professional to provide documents, data,
or other information to verify the qualifications of the certified professional
or to audit the performance of the certified professional. If the certified
professional fails to comply with the director's request, the director
may
permanently revoke the certification of the certified professional.
(5) A certified professional whose
certification was suspended or revoked shall immediately provide notification
of the suspension or revocation, by certified mail or
other type of mail accompanied by receipt, to all persons who contracted
with the certified professional for professional services, or who had a no
further action letter prepared by the certified professional. The certified
professional shall provide to the director a copy of all notifications required
by this paragraph within ten days after the date of the certified
mailing.
(6) Unless the director
first consults with the director of the department of commerce, the director
shall not revoke the certification of a certified professional who conducts
voluntary actions only at properties contaminated solely with
petroleum.
(7) The director shall
provide at least thirty days prior notice to a certified professional of an
ensuing suspension or revocation action by the director. The notice shall
include a general explanation of the suspension or revocation action.
(G) Recertification after suspension or revocation. An individual whose certification was suspended or revoked may apply for recertification after suspension or revocation. Such application shall comply with paragraphs (A) and (B) of this rule.
(H) If a certified professional no longer intends to retain certification, the certified professional shall return the certificate with a written notice to Ohio EPA indicating intent to withdraw from certification.
(I) Document retention and production.
(1) The certified
professional's document retention requirements are as follows:
(a) A certified professional shall maintain
all documents and data prepared or acquired in connection with a voluntary
action for a period of at least ten years.
(b) After ten years, if a certified
professional does not intend to retain such documents, the certified
professional shall notify Ohio EPA by certified mail of such intent and shall
provide Ohio EPA the opportunity to obtain all documents.
(c) Documents shall be retained by the
certified professional until the notice described in paragraph (I)(1)(d) of
this rule is provided and Ohio EPA notifies the certified professional in
writing that Ohio EPA does intend to obtain the documents.
(d) If Ohio EPA notifies the certified
professional in writing that Ohio EPA does not intend to obtain the documents,
the certified professional may discard the documents.
(e) Notification to Ohio EPA is not required
pursuant to this rule as long as a certified professional continues to retain
all documents.
(f) Upon withdrawal,
the certified professional promptly shall provide Ohio EPA the opportunity to
obtain all documents maintained under this chapter in the same manner as
identified in paragraph (I)(1)(a) of this rule.
(2) Procedures to address requests for
documents that are not in Ohio EPA's possession are as follows:
(a) Upon the written request of any person
for documents not in the possession of Ohio EPA and described on a list
included in a no further action letter submitted to the director, Ohio EPA
shall send a written request to the certified professional to submit such
documents to Ohio EPA within a reasonable period of time.
(b) Upon receipt of the written request from
Ohio EPA, the certified professional shall submit the original documents to
Ohio EPA, within the time period specified in the director's request.
(c) Within a reasonable period of time after
Ohio EPA receives the requested documents, the Ohio EPA shall provide copies of
the documents to the requestor in the same manner as a public record.
(d) Any request for reproduction of documents
shall be made through Ohio EPA.
(J) Summary reports. A certified professional shall prepare a voluntary action summary report. This report shall do the following:
(1) Be consistent with the
executive summary requirements of rule
3745-300-13 of the
Administrative Code.
(2) Detail the
certified professional's findings and conclusions regarding the environmental
conditions at each property for which the certified professional was requested
to prepare a no further action letter.
(3) Be retained by the certified
professional.
(K) Appeal of certification determinations. The issuance, denial, suspension, or revocation of certifications are final actions of the director, and are subject to the procedure for appeal provided in Chapter 3745. of the Revised Code.
(L) Certified professional's seal.
(1) To render a voluntary action
opinion, each certified professional shall procure and use a device to mark a
seal. The separate stamp may be used in addition to the seal device to record
the individual's certification dates. The design, arrangement, size, and
wording of the seal shall conform with the specifications prescribed by Ohio
EPA.
(2) The certified
professional's seal shall apply to the certified professional's official use
only in connection with voluntary action opinions for which the certified
professional is responsible, and shall not transfer.
(3) A certified professional shall use the
seal to attest that, in the certified professional's professional judgment, the
voluntary action opinion upon which the seal appears complies with this chapter
and Chapter 3746. of the Revised Code.
(4) A certified professional shall not allow
the official seal to be affixed to any document associated with any project
which is not a voluntary action or to any voluntary action opinion not prepared
by the certified professional or under the certified professional's personal
supervision.
(5) An individual
whose certification expired and was not renewed, or was revoked or suspended
shall not allow the official seal to be affixed to any document associated with
a voluntary action opinion unless and until such individual is recertified as a
certified professional in accordance with this rule.
(M) Out-of-state certified professionals.
(1) As a condition of certification under
this rule, certified professionals located outside the state of Ohio consent to
service of process and to personal jurisdiction of any Ohio court or the Ohio
environmental review appeals commission in proceedings that adjudicate any
rights or obligations under this chapter and Chapter 3746. of the Revised Code,
or in which the cause of action involves, in whole or in part, the certified
professional's performance under this chapter or Chapter 3746. of the Revised
Code.
(2) Out-of-state certified
professionals also consent to Ohio EPA's right of entry for inspection or
investigation, and to the service of administrative warrants, inspection
warrants, or other appropriate search warrants as a condition of certification
under this rule.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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