Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) All of the following shall be submitted by affidavit:
(1) Any information, data, documents, or reports submitted by any of the following to another person for the purposes of a voluntary action conducted under this chapter and rules adopted under it:
(a) The person undertaking the voluntary action;
(b) A certified professional;
(c) 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;
(d) A certified laboratory;
(e) An accredited laboratory.
(2) Any information submitted by an environmental professional to the director of environmental protection for the purposes of complying with rules adopted under division (B)(5)(a) or (c) of section 3746.04 of the Revised Code;
(3) The verification of eligible costs associated with a voluntary action submitted by a certified professional to the director of development pursuant to section 3746.121 of the Revised Code.
(B) No person shall materially falsify, tamper with, or render inaccurate any information, data, documents, or reports generated for the purposes of or used in documenting or preparing a no further action letter under this chapter or rules adopted under it or verification of eligible costs under section 3746.121 of the Revised Code.
Violation of this division is not falsification under section 2921.13 of the Revised Code.
(C) In accordance with rules adopted under division (B)(5)(f) of section 3746.04 of the Revised Code, the director permanently shall revoke the certification of a certified professional who violates division (B) of this section.
(D) No person, with purpose to deceive a certified professional, accredited laboratory, or a contractor thereof, or the environmental protection agency or a contractor thereof, shall withhold, conceal, or destroy any data, information, records, or documents relating to a voluntary action.
Last updated August 16, 2021 at 3:30 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.