Ohio Code 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 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.
Terms Used In Ohio Code 3746.19
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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
- Property: means real and personal property. See Ohio Code 1.59
- Voluntary action: means a series of measures that may be undertaken to identify and address potential sources of contamination of property by hazardous substances or petroleum and to establish that the property complies with applicable standards. See Ohio Code 3746.01
(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