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?