3737-1-01
Notice of administrative rules hearing.
(A) Public notice of the intention of the Petroleum Underground
Storage Tank Release Compensation Board to consider adopting, amending or
rescinding a rule in accordance with divisions (A) to (E) of section
119.03
of the Revised Code shall be published in the register of Ohio (www.registerofohio.state.oh.us)
pursuant to division (A) of section
119.03
of the Revised Code.
(B) The public notice shall specify the date, time and place of the
hearing and shall include:
(1) A statement of the intention to consider adopting, amending or
rescinding a rule and the purpose or reason therefore;
(2) A synopsis of the proposed rule, amendment or rescission or a
general statement as to the subject to which it relates.
(C) A copy of the public notice shall be provided by the Board to any
person who requests a copy and pays the cost of copying and mailing.
Effective: 06/20/2005
R.C. 119.032 review dates: 02/09/2005 and 02/09/2010
Promulgated Under: 119.03
Statutory Authority: 119.03, 3737.90
Rule Amplifies: 119.03, 3737.90
Prior Effective Dates: 11/14/89 (Emer.), 02/12/90, 07/01/03
3737-1-02 Public meetings.
(A) Meetings of the Petroleum Underground Storage Tank Release
Compensation Board, in addition to the quarterly ones required by section
3737.90
of the Revised Code, may be held at the call of the chairman or
vice-chairman or upon a majority vote of a quorum of the members present
at a quarterly meeting.
(B) Any person desiring to determine the time, place or purpose of
any meeting of the Board, may do so by contacting the chairman or
vice-chairman of the Board or personnel employed by the Board.
(C) Any person, upon request and payment of a reasonable fee, may
obtain in writing reasonable advance notification of all meetings of the
Board at which any specific type of public business is to be discussed.
(D) Upon request, any person may be placed on a mailing list for
advance notification of all quarterly meetings.
(E) Public notice specifying the date, time and place of all
meetings of the Board shall be posted.
Effective: February 12, 1990
R.C. 119.032 review dates: 01/05/2005 and 09/18/2009
Promulgated Under: 119.03
Statutory Authority: 119.03, 3737.90
Rule Amplifies: 119.03, 3737.90
Prior Effective Dates: 11/14/89 (Emer.)
3737-1-03 Definitions.
(A) The following definitions are provided for the purposes of
clarifying the meaning of certain terms as they appear in sections 3737.90
to 3737.98 of the Revised Code and rules 3737-1-01 to 3737-1-22 of the
Administrative Code.
(1) “Applicant” means the responsible person for an underground
storage tank system who submits a board-prepared application for fund
payment of, or reimbursement for, corrective action costs for an
accidental release of petroleum or compensation paid or to be paid to
third parties for bodily injury or property damages.
(2) “Board” means the petroleum underground storage tank release
compensation board.
(3) “Bodily injury” means injury to the body or sickness or disease
contracted by a person as the result of an accidental release of petroleum
and recoverable pursuant to division (C) of section
3737.92
of the Revised Code. Bodily injury does not include the negligent
infliction of emotional distress.
(4) “Costs” means actual expenses incurred, paid, and documented.
(5) “Debt service account or accounts” means an account or accounts
established for the purpose of making bond principal and interest payments
on a regular basis and as may be required by bond covenants.
(6) “Debt service reserve account or accounts” means a reserve
account or accounts established for the purpose of making bond principal
and interest payments on a non regular, emergency basis and as may be
required by bond covenants.
(7) “Deductible” means the standard, non-reduced amount which is
deducted from the responsible person’s assurance coverage pursuant to
division (D)(3) of section
3737.91
of the Revised Code and established through division (E) of section
3737.92
of the Revised Code.
(8) “Director” means the director of the petroleum underground
storage tank financial assurance fund.
(9) “Fee” means:
(a) The annual petroleum underground storage tank financial assurance
fee;
(b) The supplemental petroleum underground storage tank financial
assurance fee; or
(c) Any other fee as established by the board.
(10) “Financial audit” means an examination of the books, vouchers,
and records of a responsible person by the director to determine
compliance with this chapter.
(11) “Financial responsibility” means proof of financial
accountability as a condition to acquiring eligibility to the fund in
accordance with the rule 1301:7-9-05 of the Administrative Code adopted by
the fire marshal pursuant to section
3737.882
of the Revised Code.
(12) “Fire marshal” means the fire marshal of the state of Ohio.
(13) “Fiscal year” means the time period July first through June
thirtieth.
(14) “Imminent hazard” means the appearance of threatened and
impending risk or peril.
(15) “Markup” means an amount charged by contractors or consultants
beyond the actual cost of labor, equipment, or materials, for management,
supervision, or administration of the corrective action activities
performed.
(16) “Obligated account” means monies segregated and maintained, on a
year by year basis, for reimbursing necessary corrective action costs.
(17) “Obligations” mean undertakings by the board to reimburse or pay
a responsible person or the designee of the responsible person.
(18) “Primary consultant” means a person or organization hired, by or
through the responsible person, for principal control of corrective action
activities at the release site.
(19) “Primary contractor” means a person or organization hired, by or
through the responsible person, for principal control of corrective action
activities at the release site.
(20) “Program task” means one of the tasks defined by rule 3737-1-12
of the Administrative Code.
(21) “Property damage” means actual and reasonable, incurred or
pending expenses for damage to property as the result of an accidental
release of petroleum that are not covered by insurance and are recoverable
pursuant to division (C) of section
3737.92
of the Revised Code. The following items are a non exhaustive list of
items specifically excluded from property damage: loss of profits, loss of
business, taxes, utility expenses, punitive damages, exemplary damages,
telephone, television, internet, or cable and/or satellite fees, attorney
fees or all costs of litigation, including but not limited to court costs,
depositions, experts and attorney fees.
(22) “Reduced deductible” means the reduced amount which is deducted
from the responsible person’s coverage pursuant to division (D)(3) of
section
3737.91
of the Revised Code and established through division (F) of section
3737.92
of the Revised Code.
(23) “Release” means a “release” as defined in rule 1301:7-9-13 of the
Adminstrative Code.
(24) “Subcontractor” means a person or organization, other than the
primary contractor or primary consultant or a subsidiary thereof, which,
at the request of the primary contractor or primary consultant, has
undertaken one or more corrective action activities for corrective action
at the release site under direction of the primary contractor or primary
consultant. Subcontractors do not include persons or entities whose only
involvement related to the corrective action is the supply of material or
equipment.
(25) “Suspected release” means a “suspected release” as defined in
rule 1301:7-9-13 of the Administrative Code.
(26) “Tank population” means the number of tanks as defined by
division (O) of section
3737.87
of the Revised Code in existence in the state of Ohio at any given time.
(27) “Technical audit” means an examination of the books, vouchers,
and records of a responsible person to determine if the work performed was
necessary to meet the requirements of the fire marshal or an order of the
director.
(28) “Unobligated balance” means monies which have not been placed in
the obligated account, the debt service account or accounts, the debt
service reserve account or accounts, or used to purchase certificates of
deposit for linked deposits. The unobligated balance includes the balance
of monies which may be used to retire bonds, pay third-party bodily injury
or property damage claims related to the accidental release of petroleum,
to purchase certificates of deposit for linked deposits, to fund the
obligated account, to fund the debt service account or accounts, to fund
the debt service reserve account or accounts, or for various other
expenses the board may incur related to administering sections 3737.90 to
3737.98 of the Revised Code.
(29) “Year” means twelve consecutive months.
Effective: 04/01/2008
R.C. 119.032 review dates: 09/18/2009
Promulgated Under: 119.03
Statutory Authority: 3737.90
Rule Amplifies: 3737.92
Prior Effective Dates: 08/01/90, 05/04/92, 04/26/93, 07/01/94 (Emer),
09/30/94, 11/29/94(Emer), 02/28/95, 04/01/97, 09/18/99, 07/01/03,
04/01/05, 04/01/07
3737-1-04 Annual petroleum underground
storage tank financial assurance fee and assurability and financial
responsibility criteria.
(A) Effective April 1, 1991, and each year thereafter in which the
unobligated balance of the financial assurance fund does not exceed
forty-five million dollars on the date of the board’s determination of the
annual financial assurance fee for the succeeding fiscal year, the board
shall assess a fee for each tank comprising an underground storage tank or
an underground storage tank system that contains or has contained
petroleum and for which a responsible person is required to demonstrate
financial responsibility.
In the event that the unobligated balance of the financial assurance fund
exceeds forty-five million dollars on the date of the board’s
determination of the annual financial assurance fee for the succeeding
fiscal year, the board may assess a fee in the year to which the
determination applies only to the extent required in or by, or necessary
to comply with covenants or other requirements in, revenue bonds issued
under sections 3737.90 to 3737.948 of the Revised Code or in proceedings
or other covenants or agreements related to such bonds.
(B) The basis for the calculation of the annual fee includes, but is
not limited to, the amount needed to meet financial soundness objectives
set forth within section 3737.91(C) of the Revised Code.
(C) The director of the fund shall notify each responsible person by
May first of each year of the annual fee. In the year in which an annual
fee is not assessed, the director of the fund will provide reasonable
notification to responsible persons of the non-assessment of fees.
(D) The annual fee is due no later than July first of each year in
which an annual fee is imposed. In the event the director determines that
a responsible person fails to pay the annual fee by July first of the year
in which the fee is imposed, the director of the fund shall notify the
responsible person of the non-payment. If the responsible person fails to
submit the annual fee within thirty days of the date the notification of
non-payment was mailed, the director of the fund shall issue an order
directing the responsible person to pay the annual fee and a late fee of
no more than one thousand dollars per tank. If the responsible person
fails to comply with the order within thirty days after the issuance of
the order, the director shall notify the fire marshal of the
non-compliance and may request the attorney general to bring an action for
appropriate relief. No retroactive coverage shall be extended in
situations where responsible persons have initially failed to pay fees but
later did so, regardless of whether they received notification by the
director of such failure.
(E) (1) Except as provided by rule 3737-1-04.1 of the
Administrative Code, all underground storage tanks
registered with the fund on or after July 1, 1994, upon
receipt of full payment of the annual fee and any past fees owed, upon
demonstration of financial responsibility as required by rule 1301:7-9-05
of the Administrative Code, and upon certification by the responsible
person and verification by the director or director’s designee that the
underground storage tank is assurable pursuant to the criteria set forth
in paragraph (E)(3) of this rule; the director shall issue a certificate
of coverage. Payment of the annual fee and any past fees owed, and
satisfaction of assurability and financial responsibility criteria for the
succeeding fiscal year on or before July first will entitle the
responsible person to a certificate of coverage in effect for the fiscal
year; payment of the annual fee and any past fees owed, and satisfaction
of assurability and financial responsibility criteria for the current
fiscal year after July first will result in a certificate of coverage
effective in that fiscal year on and after the date the board received
full payment due and satisfaction of assurability and financial
responsibility criteria. The failure to do any of the following will
result in the non-issuance or revocation of a certificate of coverage:
(a) Pay any annual fee authorized by division (B) of section
3737.91
of the Revised Code or supplemental fee authorized by division (C) of
section
3737.91
of the Revised Code;
(b) Demonstrate and maintain financial responsibility as required by
rule 1301:7-9-05 of the Administrative Code;
(c) Demonstrate and maintain assurability criteria set forth in
paragraph (E)(3) of this rule; or
(d) Pay any fee assessed pursuant to
Agency-level 3737 of the
Administrative Code.
(2) Where ownership of an underground storage tank has been
transferred and notice has been given to the director in accordance with
paragraph (F) of this rule, a new certificate of coverage shall be issued
to the new underground storage tank owner for the fiscal year in which the
transfer occurred provided that the new owner pays a transfer fee of five
hundred dollars per facility, pays all outstanding fees, if any, and
demonstrates and maintains financial responsibility and assurability
criteria pursuant to this rule and rule 3737-1-04.1 of the Administrative
Code.
(3) The director shall determine that an underground storage tank is
an assurable tank system upon certification by the responsible person and
verification by the director or the director’s designee that the following
criteria are met:
(a) The underground storage tank system meets statutory definitions
contained in divisions (P) and (Q) of section
3737.87
of the Revised Code and contains or has contained petroleum as that term
is defined in division (J) of section
3737.87
of the Revised Code; and
(b) For each petroleum underground storage tank system for which a
certificate of coverage is sought, the responsible person is in compliance
with applicable rules for petroleum underground storage tank systems that
have been adopted by the fire marshal under section
3737.88
of the Revised Code.
(4) The director shall not accept the annual petroleum underground
storage tank financial assurance fee required by this rule and shall not
issue a certificate of coverage for any tank that does not meet the
requirements of paragraph (E)(3)(a) of this rule. The director shall
accept the annual petroleum underground storage tank financial assurance
fee required by this rule but shall not issue a certificate of coverage
for any tank that meets the requirements of paragraph (E)(3)(a) of this
rule but does not meet the requirements of paragraph (E)(3)(b) of this
rule.
(5) Where a certificate of coverage is to be denied because the
criteria of this rule for issuance are not satisfied, the director shall
issue a notice of pending denial to the responsible person. The
responsible person shall have thirty days from the mailing of the notice
to either provide evidence of compliance with all fund assurability
requirements or take all necessary steps to correct non-assurability. If,
after thirty days from the mailing of the notice, the responsible person
fails to resolve the non-assurability issues, the director shall issue a
determination of denial.
Once a certificate of coverage has been issued, it may be revoked at any
time upon a finding by the director that the certification of assurability
was based on fraud, misrepresentation, or mistake or a finding that the
assurability criteria are no longer being satisfied for the tank. Where a
certificate of coverage is to be revoked, the director shall issue a
notice of pending revocation to the responsible person. The responsible
person shall have thirty days from the mailing of the notice to either
provide evidence of compliance with all fund assurability requirements or
take all necessary steps to correct non-assurability.
If, after thirty days from the mailing of the notice, the responsible
person fails to resolve the non-assurability issues, the director shall
issue a determination of revocation. The director shall provide the fire
marshal with a copy of any determination issued pursuant to this rule.
Where assurability requirements are not satisfied at the time of a
petroleum release, the certificate is null and void for purposes of
coverage and the responsible person is not eligible for reimbursement from
the fund, regardless of whether the certificate has been revoked.
(F) In the event that a newly installed underground storage tank is
placed in service, the responsible person shall immediately notify the
director. In the event that an underground storage tank exists for which a
certificate of coverage was not issued in the previous fiscal year, due to
an omission, intentional or unintentional, by the responsible person, the
responsible person shall immediately notify the director. Upon receipt of
notice of a newly installed, or existing underground storage tank,
required by this paragraph of this rule, the director shall notify the
responsible person of the assessment of any applicable fees. No
certificate of coverage will be issued until the responsible person has
notified the director of any newly installed or any existing underground
storage tank for which a certificate of coverage is not currently in
place, has paid the required annual fees for the new or existing tank, all
outstanding fees, if any, and demonstrates and maintains financial
responsibility and the assurability criteria pursuant to this rule and
rule 3737-1-04.1 of the Administrative Code.
In the event of a transfer of an underground storage tank for which a
certificate of coverage is currently in place, the transferee shall give
notice to the director within thirty days of the date of the transfer. If
the new responsible person notifies the director within thirty days and
complies with the requirements set forth in this rule, the certificate of
coverage shall be effective as of the date of the transfer of the
underground storage tank. If the new responsible person fails to notify
the director of the transfer within thirty days or, if no certificate of
coverage for the tank is in effect at the time of the transfer, a
certificate of coverage will not be issued until the new responsible
person notifies the director of the transfer, pays the transfer fee, and
all outstanding fees, if any, and demonstrates and maintains financial
responsibility and the assurability criteria pursuant to this rule and
rule 3737-1-04.1 of the Administrative Code.
The responsible person shall tender the fees assessed no later than thirty
days from the date of notification. If the responsible person fails to
submit the annual fees within thirty days after the notification was
mailed, the director of the fund shall notify the responsible person of
the non-payment. If the responsible person fails to submit the annual fee
within thirty days after the notification of non-payment was mailed, the
director of the fund shall issue an order directing the responsible person
to pay the annual fees and a late fee of no more than one thousand dollars
per tank. If the responsible person fails to comply with the order within
thirty days after the issuance of the order, the director shall notify the
fire marshal of the non-compliance and may request the attorney general to
bring an action for appropriate relief. Where a responsible person has
failed to inform the director, as is required by this rule, the director
is not required to notify the responsible person of fees owed. For
purposes of this paragraph of this rule, the responsible person for a
transferred underground storage tank shall be the transferee.
(G) A responsible person may file with the board written objections
to any order or determination of the director issued pursuant to this
rule. If the written objection is received by the board within thirty days
of the date of mailing of the order or determination, the board shall
appoint a referee to conduct an adjudication hearing in accordance with
section
119.09
of the Revised Code.
(H) The amount of the annual fee is six hundred dollars per tank.
(I) The responsible person shall maintain with the director a
current mailing address at which determinations, notices, and orders may
be sent. Any determination or order shall be mailed by certified mail to
the responsible person’s address on file with the board. If the certified
mail is returned unclaimed, the order or determination shall be served
upon the responsible person in accordance with section 119.07 of the
Revised Code.
Effective: 04/01/2008
R.C. 119.032 review dates: 09/18/2009
Promulgated Under: 119.03
Statutory Authority: 3737.90
Rule Amplifies: 3737.91, 3737.92
Prior Effective Dates: 08/01/90, 04/25/91, 05/04/92, 4/26/93, 07/01/94,
07/01/95, 07/01/96, 04/01/97, 04/01/99, 9/18/99, 04/01/00, 04/01/01,
07/01/03, 04/01/04, 04/01/05, 06/30/06
3737-1-04.1 Payment of past fees and
assurability reinstatement.
(A) Where the board has not issued a valid certificate of coverage to
a responsible person for a given underground storage tank, for two or more
consecutive fiscal years, in addition to complying with and satisfying
assurability criteria of paragraph (E) of rule 3737-1-04 of the
Administrative Code, the responsible person shall:
(1) Pay all fees owed, on the underground storage tank, for the
current fiscal year and any prior fiscal year or years; and
(2) Certify that, prior to payment, there has been no release or
suspected release required to be reported to the fire marshal from the
underground storage tank system for which coverage is being sought, or any
known release is in compliance with the requirements of rule 1301:7-9-13
of the Administrative Code; and
(3) Certify that rule 1301:7-9-07 of the Administrative Code has
been, and continues to be, complied with, for the underground storage tank
system for which coverage is being sought, and submit all records kept in
compliance with paragraph (E) of rule 1301:7-9-07 of the Administrative
Code for the underground storage tank system for which coverage is being
sought.
(B) Nothing in any part of this rule shall be interpreted to allow
retroactive coverage for releases suspected or confirmed prior to the
effective date of a valid certificate of coverage.
(C) The rights, limitations, responsibilities, and requirements of
rule 3737-1-04 of the Administrative Code in acquiring and maintaining a
valid certificate of coverage apply to any certificate of coverage sought
and obtained under this rule.
Effective: 04/01/2008
R.C. 119.032 review dates: 09/18/2009
Promulgated Under: 119.03
Statutory Authority: 3737.90
Rule Amplifies: 3737.91
Prior Effective Dates: 07/01/95, 09/18/99, 04/01/07
3737-1-05 Supplemental petroleum
underground storage tank financial assurance fee.
(A) In any fiscal year in which the board finds that the unobligated
balance in the financial assurance fund is less than fifteen million
dollars, the board may assess a supplemental fee for each tank comprising
an underground storage tank or an underground storage tank system that
contains or has contained petroleum and for which a responsible person is
required to demonstrate financial responsibility.
(B) The basis for the calculation of the supplemental fee will
include but will not be limited to the amount needed to meet financial
soundness objectives set forth within division (C) of section
3737.91
of the Revised Code.
(C) The director of the fund shall notify each responsible person of
the supplemental fee no less than thirty days before the date on which the
supplemental fee is due.
(D) The supplemental fee is due no later than thirty days from the
date of the notification. In the event a responsible person fails to pay
the fee within the thirty-day period set forth in this rule, the director
of the fund shall notify the responsible person of the non-payment. If the
responsible person fails to submit the supplemental fee within thirty days
after the notification of non-payment has been mailed, the director of the
fund shall issue an order by certified mail directing the responsible
person to pay the supplemental fee and a late fee of up to one thousand
dollars per tank. If the responsible person fails to comply with the order
within thirty days after the issuance of the order, the director shall
notify the fire marshal of the non-compliance and may request the attorney
general to bring an action for appropriate relief.
(E) The board shall revoke the certificate of coverage upon the
failure to pay the supplemental fee.
(F) In the event that a new tank is placed in service after July
first of the year in which the supplemental fee is imposed, the director
shall notify the responsible person by certified mail of the assessment of
the fee. The responsible person shall tender the fee assessed no later
than thirty days from the date of notification of fees. If the responsible
person fails to submit the fee within thirty days after the notification
has been mailed, the director of the fund shall notify the responsible
person of the non-payment. If the responsible person fails to submit the
supplemental fee within thirty days after the notification of non-payment
has been mailed, the director of the fund shall issue an order by
certified mail directing the responsible person to pay the supplemental
fee and a late fee of up to one thousand dollars per tank. If the
responsible person fails to comply with the order within thirty days after
the issuance of the order, the director shall notify the fire marshal of
the non-compliance and may request the attorney general to bring an action
for appropriate relief.
(G) A responsible person may file with the board written objections
to the order of the director no later than thirty days from the mailing of
the order. The board, upon receipt of the objections, shall appoint a
referee to conduct an adjudication hearing in accordance with section
119.09
of the Revised Code.
Effective: 04/01/2007
R.C. 119.032 review dates: 09/18/2009
Promulgated Under: 119.03
Statutory Authority: 3737.90
Rule Amplifies: 3737.91
Prior Effective Dates: 08/01/90, 07/01/94, 07/01/96, 09/18/99, 04/01/05
3737-1-06 The deductible and the
reduced deductible.
(A) The deductible is fifty-five thousand dollars, which deductible
may thereafter the modified by the board pursuant to rule 3737-1-15 of the
Administrative Code.
(B) Any responsible person owning, or owning or operating, a total of
six or fewer tanks may purchase the reduced deductible of eleven thousand
dollars, which reduced deductible may thereafter be modified by the board
pursuant to rule 3737-1-15 of the Administrative Code, for all tanks owned
by the person eligible to elect the reduced deductible. The additional fee
due for the reduced deductible shall be two hundred dollars per tank.
(C) If a responsible person discovers one or more underground storage
tanks, which were previously unknown to the responsible person and which
have not been registered with the fire marshal pursuant to rule
1301:7-9-04 of the Administrative Code, on his property, the discovered
underground storage tank(s) shall not affect the responsible person’s
qualification for the reduced deductible for any fiscal year prior to and
including the fiscal year of discovery. If the discovered underground
storage tank(s) must be assured, the discovered tank(s) shall be used to
determine the responsible person’s qualification for the reduced
deductible in succeeding fiscal years.
Effective: 04/01/2006
R.C. 119.032 review dates: 09/18/2009
Promulgated Under: 119.03
Statutory Authority: 3737.90
Rule Amplifies: 3737.91
Prior Effective Dates: 08/01/90, 04/25/91, 05/04/92, 04/26/93, 07/01/94
3737-1-07 Establishing fund eligibility
for corrective action costs.
(A) As a prerequisite to determining fund payment of or reimbursement
for corrective action costs for an accidental release of petroleum, the
director of the fund shall issue a determination of eligibility for
payment of or reimbursement for such costs where all of the following
conditions are established:
(1) Receipt of an application for eligibility, from a responsible
person, within one year from the date the release or suspected release was
required to be reported to the fire marshal;
(2) At the time the release or suspected release was required to be
reported to the fire marshal, 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)(1) of rule 3737-1-04 of the Administrative Code, for the
petroleum underground storage tank system from which the release occurred;
(3) The corrective action performed or to be performed has been
authorized by the fire marshal under section
3737.882
of the Revised Code and rules adopted under that section;
(4) The costs of performing the corrective action are necessary to
comply with the rules of the fire marshal adopted under sections
3737.88
and
3737.882
of the Revised Code governing corrective actions;
(5) One of the following applies:
(a) At the time the release or suspected release was required to be
reported to the fire marshal, the petroleum underground storage tank
system 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.
(6) 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;
(7) A responsible person demonstrates financial responsib
