Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) The director of environmental protection may request a certified professional or certified laboratory or accredited laboratory to provide the director documents and data for the purposes of verifying the qualifications of the professional or laboratory or auditing the performance of the professional or laboratory in connection with voluntary actions conducted under this chapter and rules adopted under it or may request any other person who performed work that was conducted to support a request for a no further action letter as provided in division (B)(2) of section 3746.10 of the Revised Code to submit documents and data relating to the no further action letter.
No person shall fail to comply with a request made under this division.
(B) In addition to any other remedy provided by law, the director may do either or both of the following in connection with a violation of division (A) of this section:
(1) Permanently revoke the certification of the certified professional in accordance with rules adopted under division (B)(5)(g) of section 3746.04 of the Revised Code, as applicable;
(2) Revoke any covenant not to sue issued under section 3746.12 of the Revised Code pertaining to the director's request for information under division (A) of this section.
Nothing in division (B)(2) of this section precludes a person whose covenant not to sue was revoked under that division from having a new no further action letter prepared regarding the relevant property and issued under section 3746.11 of the Revised Code by another certified professional, or using another accredited laboratory, for the purpose of obtaining a new covenant not to sue for the property.
Last updated August 16, 2021 at 3:29 PM
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.