Ohio Code 3746.20 – Documents submitted by affidavit
(A) All of the following shall be submitted by affidavit:
Terms Used In Ohio Code 3746.20
- Accredited laboratory: means a laboratory that is accredited as follows:
(1) For analysis of asbestos, valid accreditation by one of the following:
(a) The American industrial hygiene association, asbestos analysts registry;
(b) The national institute of standards technology, national voluntary laboratory accreditation program for asbestos fiber analysis;
(c) An accreditation body recognized by the national environmental laboratory accreditation conference. See Ohio Code 3746.01
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Certified laboratory: means a laboratory that was certified to perform analyses in connection with voluntary actions before the effective date of this amendment . See Ohio Code 3746.01
- Certified professional: means a person certified by the director pursuant to rules adopted under division (B)(5) of section 3746. See Ohio Code 3746.01
- Person: means any person as defined in section 1. See Ohio Code 3746.01
- Undertaking: includes a bond. See Ohio Code 1.02
- Voluntary action: means a series of measures that may be undertaken to identify and address potential sources of contamination of property by hazardous substances or petroleum and to establish that the property complies with applicable standards. See Ohio Code 3746.01
(1) Any information, data, documents, or reports submitted by any of the following to another person for the purposes of a voluntary action conducted under this chapter and rules adopted under it:
(a) The person undertaking the voluntary action;
(b) A certified professional;
(c) Any other person who performed work that was conducted to support a request for a no further action letter as provided in division (B)(2) of section 3746.10 of the Revised Code;
(d) A certified laboratory;
(e) An accredited laboratory.
(2) Any information submitted by an environmental professional to the director of environmental protection for the purposes of complying with rules adopted under division (B)(5)(a) or (c) of section 3746.04 of the Revised Code;
(3) The verification of eligible costs associated with a voluntary action submitted by a certified professional to the director of development pursuant to section 3746.121 of the Revised Code.
(B) No person shall materially falsify, tamper with, or render inaccurate any information, data, documents, or reports generated for the purposes of or used in documenting or preparing a no further action letter under this chapter or rules adopted under it or verification of eligible costs under section 3746.121 of the Revised Code.
Violation of this division is not falsification under section 2921.13 of the Revised Code.
(C) In accordance with rules adopted under division (B)(5)(f) of section 3746.04 of the Revised Code, the director permanently shall revoke the certification of a certified professional who violates division (B) of this section.
(D) No person, with purpose to deceive a certified professional, accredited laboratory, or a contractor thereof, or the environmental protection agency or a contractor thereof, shall withhold, conceal, or destroy any data, information, records, or documents relating to a voluntary action.
Last updated August 16, 2021 at 3:30 PM