Effective: December 30, 2004
Latest Legislation: House Bill 516 - 125th General Assembly
(A) Except as otherwise provided in division (B) of this section, the person to whom a covenant not to sue for a property has been issued under section 3746.12 of the Revised Code shall file for recording in the office of the county recorder of the county in which the property is located a true and accurate copy of all of the following:
(1) The no further action letter issued under section 3746.11 of the Revised Code or an executive summary of it;
(2) The covenant not to sue issued for the property under section 3746.12 of the Revised Code;
(3) The environmental covenant for the property, if any, proposed pursuant to division (C)(3)(b) of section 3746.10 of the Revised Code and executed under section 5301.82 of the Revised Code.
The documents specified in divisions (A)(1) to (3) of this section shall be recorded in the same manner as a deed to the property. The no further action letter, covenant not to sue, and environmental covenant, if any, shall run with the property.
No person shall fail to comply with this division.
(B) Pursuant to Chapter 5309. of the Revised Code, a no further action letter, a covenant not to sue, and, if applicable, any environmental covenant prepared, issued, entered into, or identified under this chapter and rules adopted under it or under sections 5301.80 to 5301.92 of the Revised Code, as applicable, in connection with registered land, as defined in section 5309.01 of the Revised Code, shall be entered as a memorial on the page of the register where the title of the owner is registered.
(C) A no further action letter, a covenant not to sue, and any agreement authorized to be entered into and entered into under this chapter and rules adopted under it 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 the document applies.
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.