Purpose and scope.
For the purpose of prescribing rules pursuant to section
3737.883 of the Revised Code, the state fire marshal hereby adopts this rule to
establish the underground storage tank revolving loan fund. This rule is
adopted by the state fire marshal in accordance with Chapter 119. of the
Revised Code and shall not be considered part of the "Ohio Fire Code."
(1) "Qualifying political subdivision" has
the same meaning ascribed to "political subdivision" in division (A) of section
3737.883 of the Revised Code. As referenced in section 3737.883 of the Revised
Code, a "qualifying political subdivision" includes a community improvement
corporation as that term is defined in section 1724.01 of the Revised
(2) "Loan" means a loan
granted under the underground storage tank revolving loan program established
by section 3737.883 of the Revised Code.
(3) "Responsible person" has the same meaning
as division (N) of section 3737.87 of the Revised Code.
(4) "Site" means a UST site.
(1) Only a qualifying political subdivision
is eligible to receive a loan.
In order for a qualifying political subdivision to receive a loan under this
rule, the qualifying political subdivision must commit to spend, of its own
funds, an amount at least equal to five per cent of the requested loan amount.
The actual amount of a qualifying political subdivision's own funds that must
be spent shall be no less than five per cent of the final amount of the
eligible for funding.
A qualifying political subdivision may conduct any activity
described in paragraph (G)(1) of this rule if the following conditions
For an underground storage
(a) The underground storage tank is
located within the territorial boundaries of the qualifying political
qualifying political subdivision is the owner but not the operator of the
For a site of
a previously existing release:
qualifying political subdivision is not the responsible person;
(b) A release at the location has not
received a no further action determination from the state fire
(c) The site is located
within the qualifying political subdivision's territorial boundaries;
(d) The responsible person or
persons are not identifiable or the state fire marshal determines that no
identified responsible person or persons are able to pay the costs of the
actions required at the location.
Applications - filing.
(1) Applications for a loan shall be made
only on forms provided by the state fire marshal.
(2) Only applications that are post marked or
filed with the state fire marshal on or before the application deadline
established by the state fire marshal and have been delivered to the state fire
marshal's office within seven days of that deadline will be considered by the
state fire marshal.
Applications - content.
In its application, the qualifying political subdivision
(1) Explain how it qualifies
for the loan;
(2) State the
requested loan amount;
how the loan will be used including the total cost of the project and the
amount of money the qualifying political subdivision is proposing to contribute
to the total cost of the project;
(4) Provide an affidavit signed and submitted
by an authorized representative of the qualifying political subdivision
certifying that the qualifying political subdivision meets the requirements in
paragraph (D) of this rule; and,
(5) Provide such other information as may be
called for in the application form provided by the state fire
Requirements for utilizing revolving loan funding.
Funds received from a loan under this
program may be used for any of the following purposes:
(a) Initiation, continuation, or proper
completion of the closure in place or removal of an underground storage tank
continuance, or proper completion of an assessment of the site; or,
(c) Initiation, continuation, or proper
completion of a corrective action.
All activities described in paragraph
(G)(1) of this rule shall be conducted in accordance with this chapter of the
Administrative Code, except that the failure to meet a deadline in rule 1301:7-9-12
or rule 1301:7-9-13
of the Administrative Code shall not be considered a violation of those rules by the qualifying political subdivision.
(3) Upon determination
by the state fire marshal that the applicable standards established by rules in
this chapter of the Administrative Code have been met for an action described
in paragraph (G)(1) of this rule, the state fire marshal shall issue the
qualifying political subdivision written notice that no further action is
(4) Written notice issued
pursuant to paragraph (G)(3) of this rule that no further action is required
shall not be construed in any manner to suggest that the qualifying political
subdivision completing the funded activities has thereby assumed any liability
or responsibility for a release or suspected release of petroleum, or for any
residual contamination that may remain at the property.
At the discretion of the state fire marshal a qualifying
political subdivision may apply for and be granted a loan at any time
regardless of established application periods and deadlines if all of the
(1) The site which is
the subject of the application is within an area where a natural disaster has
been declared by the governor;
The events of the disaster have resulted in a release or suspected release from
the site which is the subject of the application;
(3) The qualifying political subdivision has
made application for any federal, state and private insurance reimbursement as
may be available as a result of the disaster;
(4) The loan fund has necessary moneys to
provide the loan; and,
state fire marshal receives any necessary authorizations to expend the funds.
(1) Awarding of all loans shall be at
the sole discretion of the state fire marshal.
The state fire marshal shall establish
written criteria for evaluation of loan applications. The state fire marshal
may amend the criteria at any time and shall make the criteria available to all
qualifying political subdivisions at the time of loan application. The criteria
may include, but are not limited to, the loan's:
(a) Likelihood of having a demonstrable and
significant positive impact on the environment;
(b) Likelihood of having a demonstrable and
positive impact on the redevelopment of nonproductive property for the
qualifying political subdivision and adjacent political subdivisions;
(c) Likelihood of enabling the
applicant to obtain other funding or resources for additional site
evaluating the loan applications, the state fire marshal may also consider:
(a) The viability of the applicant;
(b) If the applicant has previously received
a loan and whether the actions described in paragraph (G)(1) of this rule have
been completed; and
(c) Any other
factors established by the state fire marshal.
(4) If funds for loans are available, the
state fire marshal shall establish a minimum of one loan application period per
state fiscal year. Unless otherwise specified by the state fire marshal, the
loan application period shall be open for a minimum period of thirty days.
Unless otherwise specified by the state fire marshal, all applications shall
expire at the end of each state fiscal year.
Award of loans.
(1) Upon determining which qualifying
political subdivision shall receive a loan, the state fire marshal shall notify
the qualifying political subdivision in writing of his intent to grant the loan
and of the terms and conditions of the loan.
Within forty-five days of receiving
notification described in paragraph (J)(1) of this rule, the qualifying
political subdivision shall forward a copy of a resolution, ordinance, or other
acceptable authorization to the state fire marshal which shall:
(a) Authorize the qualifying political
subdivision to accept the loan, and
(b) Agree to conditions of the loan as
stipulated by the state fire marshal, including the authority to execute any
documents necessary to grant or secure the loan.
(3) Upon receipt of the resolution or
ordinance and execution of the loan agreement and other documents as required
by the state fire marshal, the state fire marshal shall establish a line of
credit from the loan fund in the name of the qualifying political subdivision.
Within thirty days of the establishment of the line of credit, the loan funds
will be released to the qualifying political subdivision according to the terms
of the loan agreement.
request of the state fire marshal, the qualifying political subdivision shall
provide to the state fire marshal a properly executed contract for the
environmental work necessary at the site as described in the original loan
(5) Unless otherwise
authorized by the state fire marshal in writing, activities authorized by
paragraph (G)(1) of this rule shall commence within one hundred eighty days
after the release of the loan funds as described in paragraph (H) (4) of this
Term of loan
(1) A loan issued pursuant to
this rule shall not carry interest.
(2) A repayment or amortization schedule
shall be established as part of the loan agreement.
(3) The repayment or amortization schedule
shall not extend beyond ten years.
(4) Any other such terms specified by the
state fire marshal.
If, at any time after the expenditure of loan funds by a
qualifying political subdivision, the state fire marshal or any law enforcement
agency identifies a responsible person or determines, for any reason, that a
previously identified responsible person was or is able to pay the costs of the
action for which the loan was issued, the qualifying political subdivision may
bring any appropriate proceedings against the responsible person to recover the
costs incurred by the qualifying political subdivision. The proceedings may be
brought in either the court of common pleas having jurisdiction where the
underground storage tank is located or the court of common pleas of Franklin
Effect on other
Nothing in this rule affects any
liability or response authority under any federal or state law, including, but
not limited to:
Environmental Response Compensation, and Liability Act ( 42 U.S.C. 9601
The Solid Waste Disposal Act
( 42 U.S.C. 6901
Water Pollution Control Act ( 33 U.S.C. 1251
The Toxic Substances Control Act ( 15 U.S.C. 2601
Drinking Water Act ( 42 U.S.C. 300f
The federal laws listed in this paragraph are those versions of
amended through January 3,
as amended at the time of the effective
date of this rule. (2)
Any determination by the state fire
marshal for the purpose of assisting activities funded by the loan program does
not release any responsible person from any obligations under sections 3737.87
of the Revised Code and the regulations adopted thereunder, or
effect any other rights under the citizen suits provision of the Resource
Conservation and Recovery Act of 1976, 90 Stat. 2795
, 42 U.S.C.A. 6901
amended at the time of the effective date of this rule. The state fire marshal
reserves all enforcement and remedy rights available under the law.