Ohio Administrative Code › Title 3737 - Petroleum Underground Storage Tank Release Compensation Board › Chapter 3737-1 - General Provisions › Section 3737-1-19 - Establishing fund eligibility for third-party claims

Current through all regulations passed and filed through July 1, 2024
(A) As a prerequisite to determining fund
			 payment or reimbursement for compensation paid or to be paid for third-party
			 claims for bodily injury or property damages caused by the accidental release of
			 petroleum resulting in the need for corrective action, the director of the fund
			 shall issue a determination of eligibility where all of the following conditions
			 are established:
(1) Receipt of an application
			 for eligibility, from a responsible person, for third-party bodily injury or
			 third-party property damage caused by an accidental release of petroleum within
			 thirty days from the first of any of the following events: service of a
			 third-party complaint against a responsible person, the submission of a
			 third-party demand for settlement, or notice of representation of a third party
			 in a lawsuit against a responsible person. Where a third-party eligibility
			 application is incomplete, the director or the director's designee may make a
			 written request for additional information. The responsible person shall supply
			 the additional information in writing and within sixty days from the date of the
			 request. If the responsible person fails to make a written response within sixty
			 days from the date of the request, the director or the director's designee shall
			 make a second request for the information and shall notify the responsible person
			 that failure to respond within thirty days from the date of the second request
			 shall result in an eligibility denial. If the responsible person fails to make a
			 written response within thirty days from the date the second request is sent,
			 eligibility shall be denied;
(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) 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.
(4) 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;
(5) 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;
(6) 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;
(7) 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;
(8) 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; and
(9) The responsible person has been determined
			 eligible for payment of or reimbursement for eligible corrective action costs
			 pursuant to rule 3737-1-07 of  the Administrative Code.