Section 3746.05 | Institutional controls restricting access to or use of property.
(A) A remedy or remedial activity conducted under this chapter may attain applicable standards otherwise established in this chapter and rules adopted under it through the use of institutional controls or activity and use limitations that restrict the use of a property or through the removal of, treatment of, transportation for treatment or disposal of, disposal of, or use of engineering controls that contain or control the release of hazardous substances or petroleum at or from a property. Any such institutional controls or activity and use limitations that restrict the use of a property shall ensure that the property is used only for purposes that comply with the applicable standards established in this chapter and rules adopted under it pertaining to the intended use of the property after the completion of the voluntary action, as the intended use is specified in the documents establishing the institutional controls or activity and use limitations.
(B)(1) If a property is subject to institutional controls or activity and use limitations and is put to a use that does not comply with the institutional controls or activity and use limitations specified in the documents establishing the institutional controls or activity and use limitations, the director of environmental protection may issue an order voiding the covenant not to sue issued under section 3746.12 of the Revised Code for the property in connection with the voluntary action for which the institutional controls or activity and use limitations were established.
(2) An order issued by the director under division (B)(1) of this section is a final action appealable under Chapter 3745. of the Revised Code.
Available Versions of this Section
- December 30, 2004 – House Bill 516 - 125th General Assembly [ View December 30, 2004 Version ]
- September 15, 2020 – Amended by House Bill 168 - 133rd General Assembly [ View September 15, 2020 Version ]