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OVERVIEW OF Odot’s environmental site assessment process

OVERVIEW OF Odot’s environmental site assessment process. Purpose of ESA Investigations. CERCLA. Owner. Operator. Due Diligence. Due Care. ODOT’s Stepped Process. Path 2 & 3 Projects. Paths 4 & 5. Path 1 Projects. Who is Using of ESA Investigations at ODOT. ESA Investigations.

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OVERVIEW OF Odot’s environmental site assessment process

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  1. OVERVIEW OF Odot’s environmental site assessment process

  2. Purpose of ESA Investigations CERCLA Owner Operator Due Diligence Due Care

  3. ODOT’s Stepped Process

  4. Path 2 & 3 Projects

  5. Paths 4 & 5

  6. Path 1 Projects

  7. Who is Using of ESA Investigations at ODOT ESA Investigations Ownership Issues Operator Issues Real Estate Chief Legal Attorney General Construction

  8. Who Reads ESA Reports? • The Public • Contractors • Judges • Juries • Lawyer ESA Reports are Public Documents Shouldn’t be marked “Client/Attorney Privilege” Or “Confidential”

  9. 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 by site • Don’t split into discussion by the portion to be acquired for the project and the rest of the site

  10. Site Identification • Assign number to each site (Site 1, Site 2) • Don’t use auditor number • List 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

  11. Site Map Using Auditor Numbers

  12. Site Map with Site Numbers

  13. Subject Site Access • ODOT 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

  14. Report Submittal • All reports must have a signature page • All reports are to be submitted to the CE On-line file • Environmental Assessments and Environmental Impact Statements will 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

  15. Questions?

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