(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.

Terms Used In Ohio Code 3746.18

  • Accredited laboratory: means a laboratory that is accredited as follows:

    (1) For analysis of asbestos, valid accreditation by one of the following:

    (a) The American industrial hygiene association, asbestos analysts registry;

    (b) The national institute of standards technology, national voluntary laboratory accreditation program for asbestos fiber analysis;

    (c) An accreditation body recognized by the national environmental laboratory accreditation conference. See Ohio Code 3746.01

  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Certified laboratory: means a laboratory that was certified to perform analyses in connection with voluntary actions before the effective date of this amendment . See Ohio Code 3746.01
  • Certified professional: means a person certified by the director pursuant to rules adopted under division (B)(5) of section 3746. See Ohio Code 3746.01
  • Covenant not to sue: means a release from liability that is issued by the director under section 3746. See Ohio Code 3746.01
  • Person: means any person as defined in section 1. See Ohio Code 3746.01
  • Property: means real and personal property. See Ohio Code 1.59

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

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