(A) Within fifteen business days after receiving an application, the director of environmental protection shall acknowledge receipt of the application and notify the applicant of any deficiency in the application. Within sixty calendar days after receiving a completed application, including all additional information requested by the director, the director shall issue a license or certificate or deny the application. The director shall issue only one license or certificate that is in effect at one time to a business entity and its principal officers and a public entity and its principal officers.
Terms Used In Ohio Code 3710.06
- Asbestos: means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophylite, and actinolite-tremolite as determined using the method specified in 40 C. See Ohio Code 3710.01
- Asbestos hazard abatement contractor: means a business entity or public entity that engages in or intends to engage in asbestos hazard abatement projects and that employs or supervises one or more asbestos hazard abatement specialists for asbestos hazard abatement activities. See Ohio Code 3710.01
- Asbestos hazard abatement project: includes any such activity involving such friable asbestos-containing materials in an amount of fifty linear feet or fifty square feet or less if, when combined with any other reasonably related activity in terms of time or location of the activity, the total amount is in an amount greater than fifty linear feet or fifty square feet. See Ohio Code 3710.01
- Business entity: means a partnership, firm, association, corporation, sole proprietorship, or other business concern. See Ohio Code 3710.01
- Certificate: means :
(1) A document issued by the director to an individual affirming that the individual has successfully completed the training and other requirements set forth in this chapter to qualify as an asbestos hazard abatement specialist, an asbestos hazard evaluation specialist, an asbestos hazard abatement worker, an asbestos hazard abatement project designer, an asbestos hazard abatement air-monitoring technician, an approved asbestos hazard training provider, or other category of asbestos hazard specialist that the director establishes by rule; or
(2) A document issued by a training institution in accordance with rules adopted by the director affirming that an individual has successfully completed the instruction required in all categories as provided in sections 3710. See Ohio Code 3710.01
- Felony: A crime carrying a penalty of more than a year in prison.
- License: means a document issued by the director of environmental protection to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos hazard abatement projects as an asbestos hazard abatement contractor. See Ohio Code 3710.01
- Person: means any individual, business entity, governmental body, or other public or private entity. See Ohio Code 3710.01
- Public entity: means the state or any of its political subdivisions or any agency or instrumentality of either. See Ohio Code 3710.01
- Rule: includes regulation. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(1) The director shall deny an application if it determines that the applicant has not demonstrated the ability to comply fully with all applicable federal and state requirements and all requirements, procedures, and standards established by the director in this chapter, Chapter 3704. of the Revised Code, or rules adopted under those chapters, as those chapters and rules pertain to asbestos.
(2) The director shall deny any application for an asbestos hazard abatement contractor‘s license if the applicant or an officer or employee of the applicant has been convicted of a felony or found liable in a civil proceeding under any state or federal law designed to protect the environment.
(3) The director shall send all denials of an application by certified mail to the applicant. If the director receives a timely request for a hearing from the applicant on the proposed denial of an application, the director shall hold a hearing in accordance with Chapter 119. of the Revised Code, as provided in division (A) of section 3710.13 of the Revised Code.
(C) In an emergency that results from a sudden, unexpected event that is not a planned asbestos hazard abatement project, the director may waive the requirements for a license . For the purposes of this division, “emergency” includes operations necessitated by nonroutine failures of equipment or by actions of fire and emergency medical personnel pursuant to duties within their official capacities. Any person who performs an asbestos hazard abatement project under emergency conditions shall notify the director within three days after performance thereof.
(D) Each license or certificate issued under this chapter expires one year after the date of issue, but each licensee or certificate holder may apply to the environmental protection agency for the extension of the holder’s license or certificate under the standard renewal procedures of Chapter 4745. of the Revised Code.
To qualify for renewal of a license or certificate issued under this chapter, each licensee or certificate holder shall send the appropriate renewal fee set forth in division (D) of section 3710.05 of the Revised Code or as adopted by rule by the director pursuant to division (A)(4) of section 3710.02 of the Revised Code.
Certificate holders also shall successfully complete an annual renewal course approved by the agency pursuant to section 3710.10 of the Revised Code.
(E) The director may charge a fee in addition to those specified in division (D) of section 3710.05 of the Revised Code or in rules adopted by the director pursuant to division (A)(4) of section 3710.02 of the Revised Code if the licensee or certificate holder applies for renewal after the expiration thereof or requests a reissuance of any license or certificate, provided that no such fee shall exceed the original fees by more than fifty per cent.
Amended by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 10/17/2019.
Amended by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 1/1/2018.
Amended by 129th General AssemblyFile No.127, HB 487, §101.01, eff. 9/10/2012.
Effective Date: 10-08-1992 .