Ohio Administrative Code Title 109:6 - Environmental Background Investigation

Ohio Administrative Code Title 109:6 - Environmental Background Investigation

Title 109:6 of the Ohio Administrative Code (OAC) pertains to the Environmental Background Investigation, a regulatory framework designed to establish procedures for conducting background investigations related to environmental issues in Ohio. This rule primarily focuses on the environmental review process required for certain business, development, or public projects that may have environmental impacts. It sets the procedures for ensuring that businesses or developers comply with environmental safety standards, laws, and regulations before proceeding with certain types of projects, particularly those that involve land use, development, or the potential for environmental contamination.

1. Purpose and Scope of Environmental Background Investigations

The Environmental Background Investigation rule is designed to:

Assess Environmental Risks: Investigate potential environmental contamination or concerns that could arise from a property or development project before it moves forward.

Ensure Compliance with Environmental Laws: Ensure that developers and businesses are in compliance with state and federal environmental regulations, such as those relating to hazardous waste, water quality, air quality, and land use.

Protect Public Health and Safety: Prevent any projects that could negatively affect the environment or the health of Ohio residents, including contamination of soil, air, or water resources.

Inform Decision-Making: Provide essential information to decision-makers, such as developers, local governments, and regulatory agencies, so that informed decisions can be made regarding land use, project approval, and environmental protection.

2. When an Environmental Background Investigation is Required

An environmental background investigation is generally required for projects that:

Involve Site Development: Projects like industrial or commercial development, residential construction, or landfills, where the land may have a history of environmental contamination.

Impact Sensitive Areas: Development projects located in sensitive areas such as wetlands, floodplains, or near protected wildlife habitats.

Known Contamination: Properties suspected to have contamination issues, such as former industrial sites, gas stations, or manufacturing plants that may have left hazardous substances behind.

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