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) No further action
letter timing. For the purposes of this chapter and Chapter 3746. of the
Revised Code, a no further action letter may be issued pursuant to this rule by
a certified professional for a property under one or a combination of the
following circumstances:
(1) After completion
of a phase I property assessment conducted in accordance with rule
3745-300-06 of the
Administrative Code, a certified professional determines that there is no
information that establishes any reason to believe a release of hazardous
substances or petroleum has or may have occurred at or upon a
property.
(2) After completion of a
phase I property assessment conducted in accordance with rule
3745-300-06 of the
Administrative Code, a certified professional determines a release of hazardous
substances or petroleum occurred on the property, and the release is
demonstrated in writing to be within a de minimis or previously addressed area
in accordance with paragraph (E)(2) of rule
3745-300-06 of the
Administrative Code.
(3) After
completion of a phase II property assessment conducted in accordance with rule
3745-300-07 of the
Administrative Code, a certified professional determines the concentrations of
chemicals of concern (COCs) pertaining to the property do not exceed the
applicable standards.
(4) After
completion of a phase II property assessment conducted in accordance with rule
3745-300-07 of the
Administrative Code, a certified professional determines the concentrations of
COCs pertaining to the property exceed the applicable standards but one or both
of the following situations occurs:
(a) Those
applicable standards are achieved through remedial activities.
(b) Those applicable standards shall be
achieved in accordance with one of the following mechanisms:
(i) An operation and maintenance plan, if
required under rule
3745-300-11 of the
Administrative Code.
(ii) A
consolidated standards permit issued under section
3746.15 of the Revised Code and
any rules adopted thereunder.
(B) Volunteer provides supporting information
to certified professional. In order to support a volunteer's request to a
certified professional for a no further action letter to be issued by the
certified professional, a volunteer, and other persons who perform work to
support the issuance of the no further action letter, shall submit to a
certified professional, by affidavit, all relevant investigatory and remedial
information that pertains to the property. The information shall include, but
is not limited to, the following:
(1)
Information that demonstrates that there is no contamination by hazardous
substances or petroleum of soil, sediments, surface water, or ground water
released on or from the property that exceeds applicable standards. Each
demonstration shall be based upon the findings of a phase I property assessment
in accordance with rule
3745-300-06 of the
Administrative Code or a phase II property assessment in accordance with rule
3745-300-07 of the
Administrative Code.
(2)
Information that demonstrates compliance with rule
3745-300-02 of the
Administrative Code regarding the eligibility of the property to participate in
the voluntary action program.
(3)
If remedial activities were conducted in connection with a voluntary action,
data that demonstrates that any or all remedies meet or shall meet applicable
standards in accordance with paragraph (E) of rule
3745-300-11 of the
Administrative Code.
(4) For any no
further action letter that is not to be submitted to Ohio EPA for a covenant
not to sue, the institutional controls needed to restrict the use of the
property to comply with applicable standards include a demonstration that all
institutional controls for the property are established. The demonstration
shall consist of a deed or declaration of the institutional controls that are
recorded in the office of the county recorder of the county in which the
property is located, or are entered as a memorial in the appropriate register
for "registered land" as defined in section
5309.01 of the Revised Code, in
compliance with section
3746.14 of the Revised Code.
This requirement shall not apply to any no further action letter submitted to
Ohio EPA with a request for a covenant not to sue, as provided by paragraphs
(B)(5) and (E)(8)(e) of this rule.
(5) For any no further action letter that is
to be submitted to Ohio EPA for a covenant not to sue, the activity and use
limitations needed to comply with applicable standards include a demonstration
that the activity and use limitations were developed in accordance with this
chapter and are in a proposed environmental covenant that complies with section
5301.82 of the Revised Code.
This requirement applies when the volunteer intends to request from the
director a covenant not to sue, or when the volunteer does not intend to
request a covenant not to sue but Ohio EPA is obligated to review the no
further action letter pursuant to division (C) of section
122.654 of the Revised
Code.
(6) An operation and
maintenance plan and a proposed operation and maintenance agreement, for the
remedies that require such documents in accordance with rule
3745-300-11 of the
Administrative Code.
(7) The
affidavits required by paragraphs (O) and (P) of this rule.
(C) Prohibition on withholding
information. A person, with the purpose to deceive a certified professional,
certified laboratory, accredited laboratory, or a
contractor thereof, or Ohio EPA or a contractor thereof, may not withhold,
conceal, or destroy any data, information, records, or documents relating to a
voluntary action.
(D) Certified
professional review of information. After receipt of the information that is
required to be submitted by a volunteer under paragraph (B) of this rule, a
certified professional shall do the following:
(1) Review the information to determine
whether or not the property complies with the applicable standards.
(2) Ensure that the information is reviewed
by persons with experience and competence in areas other than that of the
certified professional, as necessary for the issuance of the no further action
letter.
(3)
Verify the data to ensure that the data supports the
issuance of the no further action letter.
(4) Determine that the
property meets all eligibility requirements in accordance with rule
3745-300-02 of the
Administrative Code.
(5) Based on evaluation
of the phase I property assessment, complete the following tasks:
(a) The certified professional shall use best
professional judgment to decide which requirements in paragraphs (C) and (E) of
rule 3745-300-06 of the
Administrative Code shall be re-evaluated to determine whether or not phase II
property assessment is required.
(b) If any requirements in paragraphs (C) and
(E) of rule
3745-300-06 of the
Administrative Code require re-evaluation, documentation of the additional
information gathered to comply with this paragraph shall be included in an
updated phase I property assessment report.
(6)
The following activities shall be performed or completed within one hundred
eighty days prior to the issuance of the no further action letter:
(a) All requirements in paragraphs (C) and
(E) of rule
3745-300-06 of the
Administrative Code pursuant to a phase I property assessment, unless paragraph
(D)(4)(b) of this rule applies.
(b)
A walk-over of the property by the certified professional.
(7)
If, in the best professional judgment of the certified professional, no change
in environmental conditions at the property has occurred since the requirements
in paragraphs (C) and (E) of rule
3745-300-06 of the
Administrative Code were performed, such requirements need not be repeated
within one hundred-eighty days prior to the issuance of the no further action
letter. For purposes of this rule, a change in environmental conditions means
new information about known or suspected releases to environmental media that
results in one or both of the following:
(a)
Additional identified areas at the property that are subject to phase II
property assessment.
(b) Previously
identified areas at the property that need further phase II property assessment
due to the new information.
(E) No further action letter preparation and
issuance. After performing a review of documents and completion of other
activities in accordance with paragraph (D) of this rule, if the certified
professional concludes on the basis of best available knowledge, information,
and belief that a property meets or shall meet applicable standards, a
certified professional may prepare a no further action letter for the property.
For any no further action letter prepared, the certified professional shall
prepare the no further action letter in the format prescribed by Ohio EPA, and
electronic copies of the document shall be indexed appropriately in a format
prescribed by Ohio EPA. At a minimum, the no further action letter shall
include the following information:
[Comment: In this rule, when "prescribed by Ohio EPA" is used,
information about the format and submittal requirements are available on the
voluntary action program's web site.]
(1) A statement that the property is eligible
to participate in the voluntary action program pursuant to rule
3745-300-02 of the
Administrative Code.
(2) A
statement of whether or not a risk assessment was performed pursuant to rule
3745-300-09 of the
Administrative Code.
(3) The name,
title, and employer of each person who performed work, other than the certified
professional, to support the no further action letter, and the nature and scope
of the work performed by that person.
(4) A list of all documents and affidavits
prepared in accordance with paragraphs (O) and (P) of this rule, and the date
such documents and affidavits were prepared, which were reviewed by the
certified professional as described in paragraph (B) of this rule in preparing
the no further action letter.
(5)
An executive summary, to be filed with deed records, of the information
required to be submitted by the volunteer to the certified professional. The
executive summary shall do the following:
(a)
Reflect the content and demonstrations by which the property complies with the
applicable standards.
(b) Meet the
recording requirement of paragraph (L) of this rule.
(c) Reference the legal description and
surveyed acreage of the property.
(6) A detailed executive summary, not to be
filed with deed records, of the information required to be submitted by the
volunteer to the certified professional. The detailed executive summary shall
do the following:
(a) Reflect the content and
demonstrations by which the property complies with the applicable
standards.
(b) Identify the
applicable standards for the property that reflect the certified professional's
conclusion that the property complies with the applicable standards for each
complete exposure pathway identified under paragraph (F)(1) of rule
3745-300-07 of the
Administrative Code.
(c) Verify
that the demonstration of compliance with the applicable standards is based on
data that is generated by
an accredited
or certified laboratory pursuant to rule 3745-300-04 of the
Administrative Code, if such data is required by rule
3745-300-07 of the
Administrative Code.
(d) Provide a
description of all COCs identified in the environmental media on or from the
property, the source of the COCs, if known, and the locations and concentration
levels of the COCs prior to any remediation. (The no further action letter also
shall provide this information in a summary table format.)
(7) Summary of figures and maps. The no
further action letter shall include an electronic file as available which
includes the map data formatted in a manner prescribed by Ohio EPA. The
property maps shall include, but are not limited to, the following:
(a) Property location map, as required by
paragraph (G)(5)(a) of rule
3745-300-06 of the
Administrative Code, in a format that maintains readability even if reproduced
without color. Include a version scaled for printing on "8.5 x 11" inch-sized
paper.
(b) A boundary survey plat
or plats completed (signed and sealed) by a professional surveyor licensed
under Ohio law that includes a version scaled for printing on "8.5 x 11" inch-sized paper.
Provide a simplified plat of the boundary survey that maintains readability
when printed on " 8.5 x 11" inch-sized paper. Such
plat shall depict the following:
(i) The
boundary of the property that is the subject of the no further action
letter.
(ii) The acreage of the
property.
(iii) Each current tax
parcel number that applies to the property. For any portion of the property
that includes less than an entire tax parcel, the plat shall indicate the
affected tax parcel numbers and shall depict the included and excluded
portions.
[Comment: No highly detailed survey plat, such as an "American
Land Title Association/American Congress on Surveying and Mapping" (ALTA/ACSM)
survey, fulfills this rule. Instead, this rule requires a simple boundary
survey that presents the specified information in a reducible and reproducible
plat format.]
(c) Site maps that show the property
boundary, buildings, roads, utilities, surface waters, geologic cross-section
locations, and other site features, as applicable.
(d) Geologic cross-sections, which include
water level and saturated zone thickness if applicable.
(e) Ground water flow maps, which include
water level measurements if applicable.
(f) The location of each identified area and
exposure unit, if any, which were evaluated in making the determination that
the property complies with applicable standards.
(g) The locations of all borings, monitoring
wells, and other sampling locations, as required by paragraph (J)(14)(a) of
rule 3745-300-07 of the
Administrative Code, if applicable.
(h) Conceptual site model figure or diagram,
if applicable.
(i) Site maps that
show the location of remedial activities performed, if applicable.
(j) The locations where remedial activities
were or are being implemented pursuant to rule
3745-300-11 of the
Administrative Code.
(k) A survey
plat or plats, completed (signed and sealed) by a professional surveyor
licensed under Ohio law, that delineates the portions of the property that are
subject to engineering controls or any activity and use limitations, as
required by paragraph (J)(14)(e) of rule
3745-300-07 of the
Administrative Code. The plat shall be scaled for printing on "8.5 x 11" inch-sized
paper
and maintain readability when printed as an
attachment to the plan.
(l) All
maps required by this rule shall include the following:
(i) A citation that indicates accuracy
including the author, and date of current source.
(ii) Scale. The scale shall maintain
readability even if reproduced without color.
(8) Summary tables which provide the
following:
(a) Regarding all COCs identified
in environmental media on or from the property, the summary tables shall
include the following:
(i) A description of
the COCs by name or type.
(ii) The
source of such COCs, if known.
(iii) The locations and concentration levels
in affected media prior to any remediation.
(iv) The concentration levels at the time of
issuance of the no further action letter.
(b) Summary exposure point concentrations for
current and reasonable anticipated post-remedy pathways, if applicable, in
soil, ground water, and vapor intrusion pathways.
(9) When institutional controls (use
restrictions or activity and use limitations) are relied upon for the property
to comply with applicable standards, provide a demonstration as applicable.
(a) When the volunteer does not intend to
request a covenant not to sue from the director, and Ohio EPA is not obligated
to review the no further action letter pursuant to division (C) of section
122.654 of the Revised Code, the
following document is required:
(i) A copy of
the institutional controls (use restrictions), that is one of the following:
(a) Bearing the mark of recordation of the
county recorder's office of the county in which the property is
located.
(b) Entered in the
appropriated register for "registered land," as defined in section
5309.01 of the Revised
Code.
(ii) The
institutional controls shall be consistent with rule
3745-300-11 of the
Administrative Code and other applicable laws.
(b) When the volunteer intends to either
request a covenant not to sue from the director, or to request that the
director make a determination pursuant to division (C) of section
122.654 of the Revised Code, the
following document is required:
(i) A copy of
the proposed environmental covenant for the property that is both of the
following:
(a) In compliance with section
5301.82 of the Revised
Code.
(b) Includes the activity and
use limitations developed in accordance with rule
3745-300-11 of the
Administrative Code and other applicable laws.
(ii) If only a portion of the property is the
subject to the activity and use limitations (i.e., the activity and use
limitations do not apply to the entire property), the environmental covenant
shall include additional legal description and survey plat of the portion of
the property that is subject to the activity and use limitations. The survey
plat shall be completed by a professional surveyor under Ohio law. The plat
shall be scaled for printing on "8.5 x 11" inchsized paper
and
maintain readability when printed as an attachment to the environmental
covenant.
(10) A legal description of the property that
is subject to the no further action letter.
(11) A copy of the operation and maintenance
plan and a copy of the proposed operation and maintenance agreement prepared in
accordance with rule
3745-300-11 of the
Administrative Code, if the documents are required by that rule.
(12) A copy of the risk mitigation plan
prepared in accordance with rule
3745-300-11 of the
Administrative Code, if the plan is required by that rule.
(13) A copy of the consolidated standards
permit and supporting documents issued pursuant to section
3746.15 of the Revised Code, if
any.
(14) A copy of the approval of
a variance or case-by-case determination obtained pursuant to rule
3745-300-12 of the
Administrative Code, if any.
(15) A
copy of the affidavit prepared in connection with the voluntary action by which
the certified professional issued the no further action letter in accordance
with paragraph (Q) of this rule and rule
3745-300-05 of the
Administrative Code.
(16) Any other
information the certified professional considers relevant.
(F) Certified professional's request to the
volunteer. Upon issuance of a no further action letter, the certified
professional shall send a copy of the no further action letter to the
volunteer. The no further action letter shall be accompanied by the following:
(1) A written request that the volunteer
notify the certified professional as to whether or not the volunteer directs
the certified professional to submit the no further action letter to Ohio
EPA.
(2) A written notice informing
the volunteer of the following:
(a) The no
further action letter may be submitted to Ohio EPA only by a certified
professional.
(b) The volunteer may
receive a covenant not to sue in connection with the voluntary action only if
the certified professional submits the no further action letter to Ohio EPA on
behalf of the volunteer.
(3) An affidavit, prepared in accordance with
paragraph (Q) of this rule, by the certified professional who issued the no
further action letter.
(G) Volunteer's notice to certified
professional. Promptly after receipt of the no further action letter and the
request described in paragraph (F)(1) of this rule, the volunteer shall do the
following:
(1) Provide notice to the certified
professional which indicates whether or not the volunteer directs the certified
professional to submit the no further action letter to Ohio EPA in a manner
prescribed by Ohio EPA.
(2) Provide
notice to Ohio EPA which indicates whether or not the volunteer directs the
certified professional to submit the no further action letter to Ohio
EPA.
(H) Certified
professional's response to volunteer's notice. Promptly after receipt of the
written notice pursuant to paragraph (G) of this rule, the certified
professional shall do either of the following:
(1) Submit an electronic version of the no
further action letter to Ohio EPA, in a manner prescribed by Ohio EPA, on
behalf of the volunteer, if the volunteer's notice indicates that the volunteer
directs the certified professional to submit the no further action letter to
Ohio EPA. The no further action letter shall include the following:
(a) The certified professional's original
affidavit executed in accordance with paragraph (Q) of this rule.
(b) Administrative information, in accordance
with paragraph (I) of this rule.
(c) A transmittal letter, in accordance with
paragraph (F) of this rule.
(d)
Volunteer notification to the certified professional, in accordance with
paragraph (G) of this rule.
(2) Send the original no further action
letter to the volunteer promptly after receipt of the notice, if the notice
indicates that the volunteer does not direct the certified professional to
submit the no further action letter to Ohio EPA.
(I) Request for a covenant not to sue. When
the certified professional submits the no further action letter to Ohio EPA, in
accordance with paragraph (G) of this rule, the certified professional shall
submit the no further action letter in the format prescribed by Ohio EPA and
described in paragraph (E) of this rule, and shall provide administrative
information for Ohio EPA to process the request. The administrative information
shall include the following:
(1)
Identification of the tax parcel numbers and the taxing districts for the
property. If any portion of the property includes less than an entire tax
parcel, the no further action letter shall include a map that indicates the
affected tax parcel numbers, and the included and excluded portions, as
described in paragraph (E)(7) of this rule.
(2) Payment and fees information based on the
current fee structure defined by Ohio EPA.
(3) Eligibility determination of class C
releases and non-class C releases of underground storage tank systems regulated
by the bureau of underground storage tank regulations.
(4) Property information including the name
and contact information of the volunteer, the certified professional, and the
property owner.
(5) Remedy
information, including whether or not the no further action letter includes a
proposed environmental covenant, an operation and maintenance plan, or a risk
mitigation plan.
(6) The date that
remedial activities began for the property, and a description of the remedial
activities that began on that date.
(K) Withdrawal of request for a covenant not
to sue. The volunteer may, through the certified professional, withdraw from
Ohio EPA the submittal of a no further action letter for the property and the
request for a covenant not to sue.
(L) Recording of documents by the volunteer.
If a covenant not to sue is issued by the director, the volunteer who is issued
the covenant not to sue shall ensure that the certified professional's
executive summary of the no further action letter, in the format described in
paragraph (E) of this rule, the covenant not to sue, and the environmental
covenant for the property, if any, are recorded, in the same manner as a deed
to the property, in the office of the county recorder of the county in which
the property is located.
(M)
Submittal of supporting documentation. Upon receipt of the covenant not to sue
by the volunteer, the certified professional shall provide, at a minimum, the
following supporting documentation evaluated by the certified professional in
accordance with paragraph (D) of this rule to determine that the property meets
or shall meet applicable standards and that the property was eligible to
participate in the voluntary action program, as applicable:
(1) The phase I property assessment report
completed in accordance with rule
3745-300-06 of the
Administrative Code, and any updates to the phase I property assessment
report.
(2) Any sampling plans,
remediation reports, closure reports, laboratory reports with dates, and
compliance reports.
(3) The phase
II property assessment report completed in accordance with rule
3745-300-07 of the
Administrative Code.
(4) A
description of all COCs identified in environmental media, the source of such
COCs, if known, and the locations and concentration levels of such COCs prior
to and after any remediation.
(5) A
property-specific risk assessment report completed in accordance with rule
3745-300-09 of the
Administrative Code, if such a property-specific assessment was used in lieu
of, or in addition to, generic numerical standards established in rule
3745-300-08 of the
Administrative Code.
(6)
Information that demonstrates that the property conforms with each of the
exposure assumptions used to calculate the applicable standards for the
property, including all exposure assumptions used to calculate the generic
numerical standards established in rule
3745-300-08 of the
Administrative Code and all exposure assumptions used to determine the
applicable standards under rule
3745-300-09 of the
Administrative Code, as applicable to the property.
(7) All affidavits prepared in connection
with the voluntary action in accordance with paragraphs (O) to (Q) of this
rule, and as required by rules
3745-300-04 and
3745-300-05 of the
Administrative Code.
(8)
Documentation of the measures completed to justify a pathway deferral, if a
pathway deferral was completed in accordance with rule
3745-300-11 of the
Administrative Code.
(9) Any other
information the certified professional considers relevant.
(N) Transfers. A no further action letter, a
covenant not to sue, and any agreement authorized to be entered into under
Chapter 3746. of the Revised Code and this chapter may be transferred by the
recipient to any other person by assignment or in conjunction with the
acquisition of title to the property to which such document applies.
(O) Affidavit requirement for volunteers and
persons who performed work to support a request for issuance of a no further
action letter. When a volunteer or a person who performed work to support a
request for the issuance of a no further action letter submits information,
data, documents, or reports to a certified professional,
accredited laboratory, a certified laboratory, or
Ohio EPA, the volunteer or person shall provide the submittal under affidavit.
The affidavit shall be based on the knowledge, information, and belief of that
volunteer or person, and shall include the following:
(1) The name of the affiant.
(2) A statement that the affiant is
authorized to submit the affidavit on behalf of the volunteer, with the name of
the entity with whom the affiant is employed or retained if the affiant is not
employed or retained by the volunteer.
(3) The name and address of the property
subject to the voluntary action.
(4) The purpose for which the information,
data, documents, or reports are submitted.
[Comment: For example, when a person performs work to support a
request for issuance of a no further action letter, such as a consultant who
completes a phase I property assessment or a property-specific risk assessment
report, the consultant's affidavit identifies the submittal purpose and the
report name.]
(5) An
identification of all information, data, documents, or reports submitted with
the affidavit.
(6) When
information, data, documents, or reports are submitted to a certified
professional to support a request for issuance of a no further action letter, a
statement that the work indicated by the submittal was conducted in compliance
with all applicable local, state, and federal laws and regulations.
(7) A statement attesting that all
information, data, documents, or reports submitted by the affiant are true,
accurate, and complete.
[Comment: Paragraph (O) of this rule does not apply to
information, data, documents, or reports provided by any federal, state, or
local governmental entity in response to a public records request.]
(P) Affidavit
requirement for accredited and certified
laboratories. The information, data, documents, or reports submitted by
an accredited
or certified laboratory to a volunteer, a certified professional, Ohio
EPA, or any other person to support a request for issuance of a no further
action letter shall be submitted by affidavit.
(1)
Each time that information, data, documents, or
reports are submitted by a certified laboratory in order to conduct or complete
a voluntary action, an authorized representative of the certified laboratory
shall submit an affidavit based upon the certified laboratory's knowledge,
information, and belief, that includes the following:
(a) The name of the
affiant.
(b) A statement
attesting that the affiant is authorized to submit the affidavit on behalf of
the certified laboratory.
(c) Name and address of
the property that is the subject of the voluntary action.
(d) A
statement attesting that the purpose for which the information, data,
documents, or reports are submitted is to support a request for issuance of a
no further action letter.
(e) An identification
of all information, data, documents, or reports submitted with the
affidavit.
(f) A statement
attesting that the certified laboratory performed the analyses documented in
the submittal in accordance with the laboratory's current certificate issued
under the voluntary action program, and that the laboratory was certified for
each analyte, parameter group, and method used at the time the laboratory
performed the analyses.
(g) A statement
attesting that, at the time of analysis, the analyses were performed pursuant
to the certified laboratory's standard operating procedures and quality
assurance program plan in accordance with rule
3745-300-04 of the
Administrative Code.
(h) A statement
attesting that all information, data, documents, or reports submitted by the
certified laboratory in support of the request for issuance of a no further
action letter are true, accurate, and complete.
(2)
Affidavit
requirements for accredited laboratories. Each time that information, data,
documents, or reports are submitted by an accredited laboratory in order to
conduct or complete a voluntary action, an authorized representative of the
accredited laboratory shall submit an affidavit based upon the accredited
laboratory's knowledge, information, and belief, that includes the
following:
(a)
The name of the affiant.
(b)
A statement
attesting that the affiant is authorized to submit the affidavit on behalf of
the accredited laboratory.
(c)
Name and address
of the property that is the subject of the voluntary action.
(d)
A statement
attesting that the purpose for which the information, data, documents, or
reports are submitted is to support a request for issuance of a no further
action letter.
(e)
An identification of all information, data, documents,
or reports submitted with the affidavit.
(f)
A statement
attesting that the accredited laboratory performed the analyses documented in
the submittal in accordance with the laboratory's current accreditation and
that the laboratory was accredited for each analyte, parameter group, and
method used at the time the laboratory performed the analyses.
(g)
A statement
attesting that, at the time of analysis, the analyses were performed pursuant
to the accredited laboratory's standard operating procedures and quality
assurance program plan.
(h)
A statement attesting that all information, data,
documents, or reports submitted by the accredited laboratory in support of the
request for issuance of a no further action letter are true, accurate, and
complete.
(Q) Affidavit requirement for the certified
professional. For each no further action letter issued to a volunteer or
submitted to Ohio EPA that requests a covenant not to sue from the director,
the certified professional shall submit an affidavit with the no further action
letter. Each affidavit shall be issued based upon the certified professional's
knowledge, information, and belief, and shall include the following:
(1) The name of the certified
professional.
(2) The name and
address of the property that is the subject of the no further action letter,
each volunteer, and the property owner.
(3) A statement attesting that the certified
professional read all standards of conduct in paragraph (E) of rule
3745-300-05 of the
Administrative Code and met the standards of conduct while the certified
professional rendered professional services regarding the voluntary action at
the property.
(4) A statement
attesting that the property is eligible for the voluntary action program
pursuant to rule
3745-300-02 of the
Administrative Code and section
3746.02 of the Revised
Code.
(5) A statement attesting
that the voluntary action was conducted, and that the no further action letter
was issued in accordance with this chapter and Chapter 3746. of the Revised
Code.
(6) A statement attesting
that the voluntary action was conducted in compliance with all applicable
local, state, and federal laws and regulations and any previous noncompliance
was addressed in accordance with such laws and regulations.
(7) A statement attesting that the no further
action letter, and any information, data, documents, or reports submitted with
the no further action letter are true, accurate, and complete.
[Comment: To assist in compliance with this rule, Ohio EPA
provides example affidavit language on Ohio EPA's voluntary action program web
site.]
