Ohio Revised Code Chapter 3746 - Voluntary Action Program

• Section 3746.01 - Voluntary Action Program Definitions.
  As used in this chapter: (A) "Activity and use limitations" has the same meaning as in section 5301.80 of the Revised Code. (B) "Affiliated"...
• Section 3746.02 - Exemptions.
  (A) Nothing in this chapter applies to any of the following: (1) Property for which a voluntary action under this chapter is precluded by...
• Section 3746.03 - [Repealed].
  Repealed by 129th General AssemblyFile No.39, SB 171, §2, eff. 6/30/2011.
• Section 3746.04 - Adoption And Implementation Of Rules For Voluntary Action Program.
  Within one year after September 28, 1994, the director of environmental protection, in accordance with Chapter 119. of the Revised Code, shall adopt, and...
• Section 3746.05 - Institutional Controls Restricting Access To Or Use Of Property.
  A remedy or remedial activity conducted under this chapter may attain applicable standards otherwise established in this chapter and rules adopted under it through...
• Section 3746.06 - Contamination Level Below Background Level Of Hazardous Substance Or Petroleum - Ground Water Standards.
  (A) If applicable standards otherwise established in this chapter and rules adopted under it establish a contamination level for a hazardous substance or petroleum...
• Section 3746.07 - Standards And Requirements Governing Voluntary Actions Prior To Adoption Of Rules.
  (A) Until such time as the director of environmental protection adopts rules under divisions (B)(1), (2), and (10) of section 3746.04 of the Revised...
• Section 3746.071 - Duties Of Certified Professionals.
  (A) As used in this section, "certified professional" means a certified professional deemed to be certified under division (D) of section 3746.07 of the...
• Section 3746.08 - [Repealed].
  Effective Date: 12-30-2004
• Section 3746.09 - Variances.
  (A) A person who proposes to enter into or who is participating in the voluntary action program under this chapter and rules adopted under...
• Section 3746.10 - Identification And Addressing Sources Of Contamination.
  (A) Except as otherwise provided in section 3746.02 of the Revised Code, any person may undertake a voluntary action under this chapter and rules...
• Section 3746.11 - No Further Action Letter Duties For Certified Professional.
  (A) After receiving the demonstrations and operation and maintenance plan, if any, required to be submitted to a certified professional under division (C) of...
• Section 3746.12 - Issuing Or Denying Covenant Not To Sue.
  (A) Except as provided in division (C) of this section, the director of environmental protection shall issue to a person on behalf of whom...
• Section 3746.121 - Verifying Eligible Costs For Tax Credit Purposes.
  Upon receiving a request submitted under section 122.16 of the Revised Code for verification of eligible costs associated with a voluntary action incurred by...
• Section 3746.13 - Issuing Of Covenant Not To Sue.
  (A) For property that does not involve the issuance of a consolidated standards permit under section 3746.15 of the Revised Code and where no...
• Section 3746.14 - Filing Papers With County Recorder.
  (A) Except as otherwise provided in division (B) of this section, the person to whom a covenant not to sue for a property has...
• Section 3746.15 - Consolidated Standards Permit.
  (A) A person participating in the voluntary action program under this chapter and rules adopted under it who otherwise would be required to obtain...
• Section 3746.16 - Voluntary Action Program Administration Fund.
  Moneys collected by the director of environmental protection under this chapter and rules adopted under it shall be forwarded to the treasurer of state...
• Section 3746.17 - Audits.
  (A) The director of environmental protection shall conduct audits in connection with no further action letters issued under section 3746.11 of the Revised Code...
• Section 3746.171 - Maintaining Record Of Properties With Institutional Controls.
  The director of environmental protection shall maintain a record of the properties for which covenants not to sue were issued under section 3746.12 of...
• Section 3746.18 - Request For Supporting Documents And Data.
  (A) The director of environmental protection may request a certified professional or certified laboratory to provide to him documents and data for the purposes...
• Section 3746.19 - Notice Of Noncompliance By Certified Professional Or Laboratory.
  (A) If the director of environmental protection finds that the performance of a certified professional or certified laboratory has resulted in the issuance of...
• Section 3746.20 - Documents Submitted By Affidavit.
  (A) All of the following shall be submitted by affidavit: (1) Any information, data, documents, or reports submitted by any of the following to...
• Section 3746.21 - Right Of Entry.
  In addition to the authority established in sections 3746.18, 3746.19, and 3746.20 of the Revised Code, the director of environmental protection or his authorized...
• Section 3746.22 - Prosecutions.
  (A) The attorney general, the prosecuting attorney of the county, or the city director of law of the city where a violation of section...
• Section 3746.23 - Civil Action For Recovering Costs Of Conducting Voluntary Action.
  (A) As used in this section, "costs of conducting the voluntary action" means the costs incurred for performing a voluntary action that are cost...
• Section 3746.24 - Tort Actions - Immunity.
  (A) As used in this section: (1) "Harm" means injury, death, or loss to person or property caused by exposure to a hazardous substance...
• Section 3746.25 - State, Officers Or Employees - Immunity.
  (A) As used in this section: (1) "Harm" means injury, death, or loss to person or property. (2) "Tort action" means a civil action...
• Section 3746.26 - Exempting Persons Holding Indicia Of Ownership In Property Primarily To Protect Security Interest.
  (A) (1) Any person who, without participating in the management of a property, holds indicia of ownership in a property primarily to protect a...
• Section 3746.27 - Exempting Fiduciary Or Trustee.
  (A) A fiduciary or trustee who acquires ownership or control of property without having owned, operated, or participated in the management of the property...
• Section 3746.28 - Evidence Of Entry Into Or Participation In Program.
  (A) Entering into and participating in the voluntary action program under this chapter and rules adopted under it does not constitute an admission of...
• Section 3746.29 - Authority Of Director.
  (A) Nothing in this chapter limits the authority of the director of environmental protection to act under sections 3734.13 and 3734.20 to 3734.23 of...
• Section 3746.30 - No Effect On Obligations, Rights And Liabilities Arising Under Other State And Federal Laws.
  (A) Nothing in this chapter shall be construed as abrogating any obligation or right established in federal law. (B) Nothing in this chapter shall...
• Section 3746.31 - Copies Of Materials Provided Upon Request.
  Upon the written request of any person for information, documents, reports, or data described on a list submitted to the director of environmental protection...
• Section 3746.35 - Annual Reports.
  (A) Not later than September 1, 1996, and not later than the first day of September of each subsequent year, the director of environmental...
• Section 3746.99 - Penalty.
  (A) Whoever recklessly violates section 3746.15 of the Revised Code in a manner that otherwise would constitute a violation of Chapter 3734. of the...

Last modified: October 10, 2016