Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-12.1 - Mandatory and voluntary pre-approval of corrective action costs

Current through all regulations passed and filed through July 1, 2024
(A) For corrective actions to be performed in
			 accordance with all versions of rule 1301:7-9-13 of  the Administrative Code, the responsible person shall submit to the director an application for initial pre-approval of costs for pending corrective actions, as follows:
(1) Simultaneously with the submission of an
			 interim response action notification to the fire
			 marshal, where prior approval of the fire marshal must be obtained, the
			 responsible person shall submit an estimated cost and completion schedule for the
			 corrective actions as set forth in the interim response action
			 notification;
(2) Simultaneously with
			 the submission of a remedial action plan to the fire marshal, the responsible
			 person shall:
(a) Submit a copy of the remedial
			 action plan with a brief description of the remedial action alternatives
			 considered, including a discussion of the reliability, effectiveness, cost, and
			 time needed for completion, and the rationale for the selected remedial
			 alternative; and
(b) Submit an
			 estimated cost and completion schedule for the remedial actions as set forth in
			 the remedial action plan;
(3) Simultaneously with the submission to the
			 fire marshal of a tier 3 evaluation plan where the estimated costs exceed six
			 thousand dollars, the responsible person shall submit a copy of the tier 3
			 evaluation plan with a description of the objective; the activities to be
			 conducted; a discussion of the effectiveness, cost and rationale for selecting
			 the tier 3 evaluation; and an implementation schedule and projected completion
			 date;
(4) Simultaneously with the
			 submission to the fire marshal of a plan to calibrate or disprove the fate and
			 transport model in conjunction with a tier 2 evaluation report, where the
			 estimated costs exceed six thousand dollars, the responsible person shall submit
			 a copy of the plan with a description of the objective; the activities to be
			 conducted; and an estimated cost and completion schedule;
(5) Simultaneously with the submission to the
			 fire marshal of a monitoring plan in conjunction with a tier evaluation report,
			 where the estimated costs exceed six thousand dollars, the responsible person
			 shall submit an estimated cost and completion schedule for the corrective actions
			 as set forth in the monitoring plan.
(6) Simultaneously with the submission to the
			 fire marshal of a free product monitoring plan in conjunction with a tier 2
			 evaluation report, the responsible person shall submit an estimated cost and
			 completion schedule for the corrective actions as set forth in the free product
			 monitoring plan.
(7) If free product
			 is present one year after initiating free product recovery activities, the
			 responsible person shall assess the effectiveness of free product recovery
			 techniques and shall submit a brief written evaluation of the reliability,
			 effectiveness, cost, and time needed for free product recovery in the upcoming
			 year. Said written evaluation shall be submitted on a yearly basis for each year
			 that recovery is ongoing.
(a) Where free product
			 recovery has been in place for one year, the first evaluation shall be submitted
			 within ninety days following the anniversary date of free product recovery.
			 Subsequent evaluations shall be submitted annually, unless otherwise determined
			 by the director.
(b) Where free
			 product recovery is in conjunction with a remedial action plan, the annual free
			 product evaluation shall be incorporated into the annual remedial action plan
			 submissions required by this rule.