Chapter 122:31-1 | Brownfield Remediation Program

Rule 122:31-1-01 | Definitions.

• Effective: October 1, 2022
• Promulgated Under: 119.03

(A) "Brownfield" means the definition listed in section 122.65 of the Revised Code.

(B) "Development" means the department of development, or any successor agency.

(C) "Director" means the director of development.

(D) "Program" means the brownfield remediation program as defined by section 122.6511 of the Revised Code.

(E) "Program guidelines" means the program guidelines created by development to supplement division 122:31 of the Administrative Code and support the administration of the brownfield remediation program. The current program guidelines can be found on www.development.ohio.gov/brownfield.

(F) "Remediation" means the definition listed in section 122.65 of the Revised Code.

Last updated October 3, 2022 at 8:39 AM

Supplemental Information

Authorized By: 122.6511
Amplifies: 122.6511
Five Year Review Date: 10/1/2022
Prior Effective Dates: 12/7/2021 (Emer.)

Rule 122:31-1-02 | Eligible properties.

• Effective: October 1, 2022
• Promulgated Under: 119.03

(A) Eligible properties are those that meet the definition of a "Brownfield" as defined in section 122.65 of the Revised Code.

(B) Further property eligibility conditions can be found in the program guidelines.

Last updated October 3, 2022 at 8:39 AM

Supplemental Information

Authorized By: 122.6511
Amplifies: 122.6511
Five Year Review Date: 10/1/2022
Prior Effective Dates: 12/7/2021 (Emer.)

Rule 122:31-1-03 | Eligible applicant.

• Effective: October 1, 2022
• Promulgated Under: 119.03

(A) An eligible applicant is a county, township, municipal corporation, port authority, or conservancy district or a park district, or other similar park authority. These entities are collectively referred to as "units of local government." Other eligible applicants include a county land reutilization corporation, nonprofit organization, or organization for profit. These additional entities need to enter into an agreement with a unit of local government to work in conjunction on the project for the purposes of this program. A copy of the agreement has to be provided within the application.

(B) The eligible applicant will designate a sole point of contact for the project.

(C) The eligible applicant will comply with any other criteria the director determines is necessary.

(D) Entities that caused or contributed to the contamination at the property are not an eligible partner or applicant.

Last updated October 3, 2022 at 8:39 AM

Supplemental Information

Authorized By: 122.6511
Amplifies: 122.6511
Five Year Review Date: 10/1/2022

Rule 122:31-1-04 | Application.

• Effective: October 1, 2022
• Promulgated Under: 119.03

(A) An eligible applicant will submit a timely application that complies with the program guidelines which are available online at www.development.ohio.gov/brownfield.

(B) Applications for the brownfield remediation program may be submitted for a site located in any county in the state of Ohio.

Last updated October 3, 2022 at 8:39 AM

Supplemental Information

Authorized By: 122.6511
Amplifies: 122.6511
Five Year Review Date: 10/1/2022
Prior Effective Dates: 12/7/2021 (Emer.)

Rule 122:31-1-05 | Grant agreement.

• Effective: October 1, 2022
• Promulgated Under: 119.03

(A) An eligible applicant awarded grant funds will enter into a brownfield remediation program grant agreement with the director. Failure of the eligible applicant to execute and deliver the grant agreement in the form and substance satisfactory to the director may result in cancellation of the award.

(B) Among other things, the grant agreement will authorize development to terminate the agreement and request a repayment of all or a portion of the grant moneys disbursed to the grantee if the director determines that the grantee is not in compliance with the terms of the grant agreement.

(C) Prior to making any changes to an approved brownfield remediation program project, the grantee needs to request and receive written approval from development for the proposed change.

Last updated October 3, 2022 at 8:40 AM

Supplemental Information

Authorized By: 122.6511
Amplifies: 122.6511
Five Year Review Date: 10/1/2022
Prior Effective Dates: 12/7/2021 (Emer.)

Rule 122:31-1-06 | Reporting.

• Effective: October 1, 2022
• Promulgated Under: 119.03

Grantees will adhere to reporting requirements, as determined by development. Reporting requirements at a minimum will include quarterly performance reports and a final performance report.

Last updated October 3, 2022 at 8:40 AM

Supplemental Information

Authorized By: 122.6511
Amplifies: 122.6511
Five Year Review Date: 10/1/2022