Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-07 - Establishing fund eligibility for corrective action costs

Current through all regulations passed and filed through July 1, 2024
(A) As a prerequisite to determining fund
			 payment of or reimbursement for corrective action costs for an accidental release
			 of petroleum, the director of the fund shall issue a determination of eligibility
			 for payment of or reimbursement for such costs where all of the following
			 conditions are established:
(1) Receipt of an
			 application for eligibility, from a responsible person, within one year from the
			 date the release incident was required to be reported to the fire
			 marshal;
(2) At the time of the
			 release incident, a responsible person possessed a
			 valid certificate of coverage, issued pursuant to rule 3737-1-18 of  the Administrative Code and the validity of which has been maintained pursuant to paragraph (E) of rule 3737-1-04 of  the Administrative Code, for the petroleum underground storage tank system from which the release occurred;
(3) The corrective action performed or to be
			 performed has been authorized by the fire marshal under section  3737.882  of the
			 Revised Code and rules adopted under that section;
(4) The costs of performing the corrective
			 action are necessary to comply with the rules of the fire marshal adopted under
			 sections  3737.88  and  3737.882  of the Revised Code governing corrective
			 actions;
(5) One of the following
			 applies:
(a) At the time of the release incident , the petroleum underground
			 storage tank system from which the release occurred was registered in compliance
			 with rules adopted by the fire marshal under section  3737.88  of the Revised
			 Code;
(b) The fire marshal has
			 recommended that payment or reimbursement be made because good cause existed for
			 the responsible person's failure to have so registered the petroleum underground
			 storage tank system, and the responsible person has registered the petroleum
			 underground storage tank system with the fire marshal and paid all back
			 registration fees payable under those rules for registration of the system from
			 the time the responsible person should have, but failed to register the
			 system.
(6) The fire
			 marshal has determined that, when the claim was filed, a responsible person was
			 in compliance with all orders issued under sections  3737.88  and  3737.882  of the
			 Revised Code regarding the petroleum underground storage tank system from which
			 the release occurred;
(7) A
			 responsible person demonstrates financial responsibility for the deductible
			 amount applicable under section  3737.91  of the Revised Code for the petroleum
			 underground storage tank system from which the release occurred;
(8) The responsible person has not falsified
			 any attestation contained on a registration application required by rules adopted
			 under section  3737.88  of the Revised Code;
(9) The responsible person has met the
			 petroleum release, suspected release, and confirmed release reporting
			 requirements set forth in rule 1301:7-9-13 of  the Administrative Code;
			 and
(10) At the time of the release
			 incident the petroleum underground storage tank system from which the release
			 occurred was in compliance with rules, other than rules regarding registration,
			 adopted by the fire marshal under section  3737.88  of the Revised
			 Code.