Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-09 - Limitations of fund coverage

Current through all regulations passed and filed through July 1, 2024
(A)
			 Nothing in this chapter shall be construed to authorize reimbursement for:
(1) Costs of corrective actions for releases
			 prior to July 1, 1989;
(2) Costs of
			 corrective action for a release for which eligibility for
			 reimbursement was not sought or the director has issued a determination
			 denying eligibility for reimbursement;
(3) Litigation costs of any kind incurred by a
			 responsible person including, but not limited to: litigation costs involving
			 acquisition of site access; local, state, or federal permit decisions; any
			 ordinance, rule or regulation; or any order issued by the fire marshal;
(4) Costs associated with:
(a) Achieving compliance with the provisions of
			 sections  3737.881  to  3737.98  of the Revised Code, with the exception of costs
			 associated with corrective action and compensation to third parties for expenses
			 associated with bodily injury or property damages caused by an accidental release
			 of petroleum;
(b) Interest or
			 carrying charges of any kind;
(c)
			 Insurance premiums other than specific policies or bonds required for corrective
			 action;
(d) Studies or surveys of an
			 underground storage tank site or on property nearby other than from a site check
			 or a tier 1 source investigation conducted in accordance with rule 1301:7-9-13 of  the Administrative Code;
(e) Corrective action costs which are
			 determined to be non-reimbursable as a result of an audit performed in accordance
			 with this chapter.
(5)
			 Costs incurred in conducting corrective action for non-petroleum products or
			 corrective action for petroleum or petroleum products unrelated to a release from
			 an assured underground storage tank system;
(6) Costs incurred in conducting corrective
			 action for a release from an unassured underground storage tank system;
(7) Costs not required for performing
			 corrective action completed in accordance with rules of the fire marshal adopted
			 under sections  3737.88  and  3737.882  of the Revised Code or, where applicable,
			 completed in accordance with an order which establishes corrective action
			 procedures and criteria for the site;
(8) Costs covered by insurance
			 policies;
(9) Costs associated with
			 the closure or removal of underground storage tank systems in compliance with
			 rule 1301:7-9-12 of  the Administrative Code. Where closure or removal costs, associated with rule 1301:7-9-12 of  the Administrative Code, are intermingled with corrective action costs and are not separately ascertainable, the director shall determine corrective action costs to be reimbursed based upon a reasonable standard;
(10) Costs for corrective
			 action other than those costs which are usual, customary, and reasonable for
			 similar corrective action activities and under similar circumstances, as
			 determined from the fund's experience;
(11) Costs for corrective
			 
									action
			 not submitted in accordance with rule 3737-1-12 of  the Administrative Code;
(12) Additional corrective
			 action costs for a release after a no further action letter has been issued by
			 the fire marshal for the subject release, unless the additional corrective action
			 activities are required by the fire marshal due to the discovery of chemicals of
			 concern, as defined by rule 1301:7-9-13 of  the Administrative Code, resulting from the original release but not reasonably discovered prior to the issuance of the no further action letter. Under no circumstances shall additional corrective action costs be reimbursed when the original no further action letter for the subject release is rescinded more than five years from the date it was issued;
(13) Costs necessary for
			 performing corrective action authorized by the fire marshal under section
			  3737.882  of the Revised Code and rules adopted under that section greater than
			 fifty per cent of the usual, customary, and reasonable costs of the least
			 expensive alternative for similar corrective action activities and under similar
			 circumstances as determined from the fund's experience when pre-approval is
			 required by paragraph (A), (B), or (D) of rule 3737-1-12.1  of the Administrative
			 Code but pre-approval was not sought or granted;
(14) Undocumented corrective action costs,
			 unless the responsible person submits documentation to support the corrective
			 action costs within ninety days from the date that the director or the director's
			 designee requests such documentation in writing pursuant to rule 3737-1-13 of  the Administrative Code;
(15) Costs for
			 corrective action and/or third-party claims where the responsible person has
			 failed to comply with rule 3737-1-22 of  the Administrative Code that are greater than the lesser of:
(a) Fifty per cent of
			 eligible corrective action and third-party claim costs, as determined by the
			 director; or
(b) The total of
			 eligible corrective action and third-party claim costs, as determined by the
			 director, minus the amount of the deductible and minus the amount
			 that has been or will be paid by
			 
										any
			 party to the responsible person.
(16) Cost for performing corrective action not
			 authorized by the fire marshal under section  3737.882  of the Revised Code and
			 rules adopted under that section;
(17)
			 Markup for any of the following:
(a) Costs of
			 disposal, disposal facilities, and treatment facilities;
(b) Internal expenses including labor,
			 supplies, per diem travel expenses, and intra-company billings;
(c) Charges for supplies;
(d) Charges for materials;
(e) Charges for equipment;
(f)
										Charges for
			 utilities;
(g)
										Costs for transportation of soil and backfill
			 materials.
(18)
									Costs that have been or will be paid by any party under
			 rule 3737-1-22 of  the Administrative Code.