Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-03 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) The following
			 definitions are provided for the purposes of clarifying the meaning of certain
			 terms as they appear in sections  3737.90  to  3737.98  of the Revised Code and rules 3737-1-01 to  3737-1-23 of  the Administrative Code.
(1) "Applicant" means the responsible person
			 for an underground storage tank system who submits 
									an application on a
			 form prescribed by the director for fund payment of, or reimbursement for,
			 corrective action costs for an accidental release of petroleum or compensation
			 paid or to be paid to third parties for bodily injury or property
			 damages.
(2) "Board" means the
			 petroleum underground storage tank release compensation board.
(3) "Bodily injury" means injury to the body or
			 sickness or disease contracted by a person as the result of an accidental release
			 of petroleum and recoverable pursuant to division (C) of section  3737.92  of the
			 Revised Code. Bodily injury does not include the negligent infliction of
			 emotional distress.
(4) "Costs" means
			 actual expenses incurred, paid, and documented.
(5) "Confirmed release" means a "confirmed
			 release" as defined in rule 1301:7-9-13 of  the Administrative Code.
(6) "Debt service account or accounts" means an
			 account or accounts established for the purpose of making bond principal and
			 interest payments on a regular basis and as may be required by bond
			 covenants.
(7) "Debt service reserve
			 account or accounts" means a reserve account or accounts established for the
			 purpose of making bond principal and interest payments on a non regular,
			 emergency basis and as may be required by bond covenants.
(8) "Deductible" means the standard,
			 non-reduced amount which is deducted from the responsible person's assurance
			 coverage pursuant to division (D)(3) of section  3737.91  of the Revised Code and
			 established through division (E) of section  3737.92  of the Revised
			 Code.
(9) "Director" means the
			 director of the petroleum underground storage tank financial assurance
			 fund.
(10) "Fee" means:
(a) The annual petroleum underground storage
			 tank financial assurance fee;
(b) The
			 supplemental petroleum underground storage tank financial assurance
			 fee;
(c) Late payment fees;
(d) Transfer fee;
(e) Any and all costs for the collection of
			 delinquent accounts; or
(f) Any other
			 fee as established by the board.
(11) "Financial audit" means an examination of
			 the books, vouchers, and records of a responsible person by the director to
			 determine compliance with this chapter.
(12) "Financial responsibility" means proof of
			 financial accountability as a condition to acquiring eligibility to the fund in
			 accordance with rule 1301:7-9-05 of  the Administrative Code adopted by the fire marshal pursuant to section 3737.882  of the Revised Code.
(13) "Fire marshal" means the fire marshal of
			 the state of Ohio.
(14) "Fiscal year"
			 means the time period July first through June thirtieth.
(15) "Imminent hazard" means the appearance of
			 threatened and impending risk or peril.
(16) "Indemnify" means to restore or save
			 harmless the board from a loss by payment or replacement to the board any monies
			 advanced or received from any other party, including, but not limited to, the
			 other parties' insurer or the responsible person's insurer, for the payment of
			 corrective action costs or third party compensation for which the board has
			 reimbursed or will reimburse the responsible person or has compensated or will
			 compensate any third party for bodily injury or property damage.
(17) "Markup" means an amount charged by
			 contractors or consultants beyond the actual cost of labor, equipment, or
			 materials, for management, supervision, or administration of the corrective
			 action activities performed.
(18)
			 "Obligated account" means monies segregated and maintained, on a year by year
			 basis, for reimbursing necessary corrective action costs.
(19) "Obligations" mean undertakings by the
			 board to reimburse or pay a responsible person or the designee of the responsible
			 person.
(20) "Primary consultant"
			 means a person or organization hired, by or through the responsible person, for
			 principal control of corrective action activities at the release site.
(21) "Primary contractor" means a person or
			 organization hired, by or through the responsible person, for principal control
			 of corrective action activities at the release site.
(22) "Program task" means one of the tasks
			 defined by rule 3737-1-12 of  the Administrative Code.
(23) "Property damage" means actual and
			 reasonable, incurred or pending expenses for damage to property as the result of
			 an accidental release of petroleum that are not covered by insurance and are
			 recoverable pursuant to division (C) of section  3737.92  of the Revised Code. The
			 following items are a non exhaustive list of items specifically excluded from
			 property damage: loss of profits, loss of business, taxes, utility expenses,
			 punitive damages, exemplary damages, telephone, television, internet, or cable
			 and/or satellite fees, attorney fees or all costs of litigation, including but
			 not limited to court costs, depositions, experts and attorney fees.
(24) "Reduced deductible" means the reduced
			 amount which is deducted from the responsible person's assurance coverage
			 pursuant to division (D)(3) of section  3737.91  of the Revised Code and
			 established through division (F) of section  3737.92  of the Revised
			 Code.
(25) "Release" means a
			 "release" as defined in rule 1301:7-9-13 of  the Administrative
Code.
(26)
			 "Release incident" means a "release," "suspected release," or "confirmed
			 release," whichever is first discovered.
(27) "Responsible person" means a "responsible
			 person" as defined in division (N)
of section  3737.87  of the Revised Code.
(28) "Subcontractor" means a person or
			 organization, other than the primary contractor or primary consultant or a
			 subsidiary thereof, which, at the request of the primary contractor or primary
			 consultant, has undertaken one or more corrective action activities for
			 corrective action at the release site under direction of the primary contractor
			 or primary consultant. Subcontractors do not include persons or entities whose
			 only involvement related to the corrective action is the supply of material or
			 equipment.
(29) "Subrogation" means
			 the board's right to recover costs of corrective actions and compensation to
			 third parties for bodily injury or property damage that the board has paid or
			 will pay to a responsible person or a third party from any other party,
			 including, but not limited to, the other party's insurer and the responsible
			 person's insurer.
(30) "Suspected
			 release" means a "suspected release" as defined in rule 1301:7-9-13 of  the Administrative Code.
(31) "Tank
			 population" means the number of tanks as defined by division (O) of section
			  3737.87  of the Revised Code in existence in the state of Ohio at any given
			 time.
(32) "Technical audit" means an
			 examination of the books, vouchers, and records of a responsible person to
			 determine if the work performed was necessary to meet the requirements of the
			 fire marshal or an order of the director.
(33) "Unclaimed monies trust account" means a
			 trust account established pursuant to section  9.39  of the Revised Code for
			 holding monies unclaimed by the rightful owner.
(34) "Unobligated balance" means monies which
			 have not been placed in the obligated account, the debt service account or
			 accounts, the debt service reserve account or accounts, the unclaimed monies
			 trust account, or used to purchase certificates of deposit for linked deposits.
			 The unobligated balance includes the balance of monies which may be used to
			 retire bonds, pay third-party bodily injury or property damage claims related to
			 the accidental release of petroleum, to purchase certificates of deposit for
			 linked deposits, to fund the obligated account, to fund the debt service account
			 or accounts, to fund the debt service reserve account or accounts, or for various
			 other expenses the board may incur related to administering sections  3737.90  to
			  3737.98  of the Revised Code.
(35)
			 "Year" means twelve consecutive months.