Ohio Revised Code
Chapter 3746 | Voluntary Action Program
Section 3746.19 | Notice of Noncompliance by Certified Professional or Laboratory.

Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) If the director of environmental protection finds that the performance of a certified professional or certified laboratory has resulted in the issuance of no further action letters under section 3746.11 of the Revised Code that are not consistent with applicable standards, the director shall notify persons for whom the certified professional or certified laboratory has performed work in connection with a voluntary action of those findings.
(B) The director, in accordance with the criteria and procedures established in rules adopted under division (B)(8) of section 3746.04 of the Revised Code, may conduct an audit of any property for which a covenant not to sue was issued under section 3746.12 of the Revised Code based upon a no further action letter issued under section 3746.11 of the Revised Code that was prepared by a certified professional whose certification was subsequently suspended or revoked under this chapter and rules adopted under it or based upon a no further action letter for a voluntary action for which analyses were performed by a certified laboratory for which the certification was suspended or revoked before the effective date of this amendment .
If, after such an audit, the director finds that the property does not comply with applicable standards, the director shall proceed in accordance with divisions (B)(2) through (4) of section 3746.12 of the Revised Code.
Last updated August 17, 2021 at 8:04 AM

Structure Ohio Revised Code

Ohio Revised Code

Title 37 | Health-Safety-Morals

Chapter 3746 | Voluntary Action Program

Section 3746.01 | Voluntary Action Program Definitions.

Section 3746.02 | Exemptions.

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 3746.06 | Contamination Level Below Background Level of Hazardous Substance or Petroleum - Ground Water Standards.

Section 3746.07 | [Former r.c. 3746.071, Amended and Renumbered by h.b. 110, 134th General Assembly, Effective 9/30/2021] Duties of Certified Professionals.

Section 3746.09 | Variances.

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 3746.17 | Audits.

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 3746.26 | Exempting Persons Holding Indicia of Ownership in Property Primarily to Protect Security Interest.

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 3746.30 | No Effect on Obligations, Rights and Liabilities Arising Under Other State and Federal Laws.

Section 3746.31 | Copies of Materials Provided Upon Request.

Section 3746.35 | Annual Reports.

Section 3746.99 | Penalty.