general information for odot environmental site assessment investigations
TRANSCRIPT
GENERAL INFORMATION FOR ODOT ENVIRONMENTAL SITE ASSESSMENT INVESTIGATIONS
Purpose of ESA Investigations
CERCLA
Due Diligence
OperatorOwner
Due Care
Who is Using of ESA Investigations at ODOT
Ownership Issues
Operator Issues
ESA Investigations
Real EstateChief LegalAttorney General
Construction
Who Reads ESA Reports?The PublicContractorsJudgesJuriesLawyerESA Reports are Public DocumentsShouldn’t be marked “Client/Attorney Privilege”Or “Confidential”
What is a Subject Site?◦The total assemblage of adjoining and/or
contiguous property owned by a single entity◦Subject Site & Subject Property used
interchangeably at ODOT◦ESA discussions are for the entire site as
defined by ODOT Don’t split into discussion by the portion to
be acquired for the project and the rest of the site
Site IdentificationAssign number to each site (Site 1, Site 2)
◦Don’t use auditor numberList current site tenant and the address
used◦Site 12, Joe’s Donut Store, 99 W. Main St.
Keep same ESA Site ID for all ESA investigations
Site Map Using Auditor Numbers
Site Map with Site Numbers
Subject Site AccessODOT has Right of Entry for project as per
ORC §163.03 and ORC §5517.01 Includes ODOT’s Consultants If there problems with site access, contact DEC
Do NOT sign an access agreement with property owner ORC provides access with or without owner approval ODOT prohibited from providing indemnification ODOT cannot restrict report access ODOT doesn’t require permission to access/copy
reports
Report SubmittalAll reports must have a signature pageAll reports are to be submitted to the CE
On-line file◦Environmental Assessments and
Environmental Impact Statements may have a CE file created to capture all of the documentation
If there’s no CE project file, must deliver at least 2 hard copies to ODOT, 1 For District, 1 For OES
QUESTIONS?