Effective: September 15, 2020
Latest Legislation: House Bill 168 - 133rd General Assembly
(A) As used in this section :
(1) "Bona fide prospective purchaser" has the same meaning as in 42 U.S.C. 9601, including the requirement that a person acquired ownership of a facility after January 11, 2002.
(2) "Facility" has the same meaning as in 42 U.S.C. 9601.
(B) In a civil action to address a release or threatened release of hazardous substances from a facility, it is an affirmative defense, and a person is immune from liability to this state for performing investigational and remedial activities, if all of the following apply:
(1) The person demonstrates that the person is a bona fide prospective purchaser of the facility.
(2) The state's cause of action against the person rests upon the person's status as an owner or operator of the facility.
(3) The person does not impede a response action or a natural resource restoration at the facility.
(C) Nothing in this section precludes the application of section 3746.02 of the Revised Code to this section.
(D) The affirmative defense provided for in division (B) of this section may be asserted in either of the following:
(1) A civil action pending on the effective date of this section;
(2) A civil action initiated after the effective date of this section.
(E) The general assembly finds that this section is remedial in nature. Therefore, the general assembly hereby declares its purpose in enacting this section is to do both of the following:
(1) Adopt the federal definition of bona fide prospective purchaser in 42 U.S.C. 9601 for purposes of this section;
(2) Extend the affirmative defense as specified in division (D)(1) of this section.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3746 | Voluntary Action Program
Section 3746.01 | Voluntary Action Program Definitions.
Section 3746.04 | Adoption and Implementation of Rules for Voluntary Action Program.
Section 3746.05 | Institutional Controls Restricting Access to or Use of Property.
Section 3746.10 | Identification and Addressing Sources of Contamination.
Section 3746.11 | No Further Action Letter Duties for Certified Professional.
Section 3746.12 | Issuing or Denying Covenant Not to Sue.
Section 3746.121 | Verifying Eligible Costs for Tax Credit Purposes.
Section 3746.122 | Affirmative Defense to Action for Release of Hazardous Substances From Facility.
Section 3746.13 | Issuing of Covenant Not to Sue.
Section 3746.14 | Filing Papers With County Recorder.
Section 3746.15 | Consolidated Standards Permit.
Section 3746.16 | Voluntary Action Program Administration Fund.
Section 3746.171 | Maintaining Record of Properties With Institutional Controls.
Section 3746.18 | Request for Supporting Documents and Data.
Section 3746.19 | Notice of Noncompliance by Certified Professional or Laboratory.
Section 3746.20 | Documents Submitted by Affidavit.
Section 3746.21 | Right of Entry.
Section 3746.22 | Prosecutions.
Section 3746.23 | Civil Action for Recovering Costs of Conducting Voluntary Action.
Section 3746.24 | Tort Actions - Immunity.
Section 3746.25 | State, Officers or Employees - Immunity.
Section 3746.27 | Exempting Fiduciary or Trustee.
Section 3746.28 | Evidence of Entry Into or Participation in Program.
Section 3746.29 | Authority of Director.
Section 3746.31 | Copies of Materials Provided Upon Request.