Overview of odot s environmental site assessment process
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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
OVERVIEW OF Odot’s environmental site assessment process


Purpose of esa investigations
Purpose of ESA Investigations

CERCLA

Owner

Operator

Due Diligence

Due Care






Who is using of esa investigations at odot
Who is Using of ESA Investigations at ODOT

ESA Investigations

Ownership Issues

Operator Issues

Real Estate

Chief Legal

Attorney General

Construction


Who reads esa reports
Who Reads ESA Reports?

  • The Public

  • Contractors

  • Judges

  • Juries

  • Lawyer

    ESA Reports are Public Documents

    Shouldn’t be marked “Client/Attorney Privilege”

    Or “Confidential”


What is a subject site
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


Site identification
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




Subject site access
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


Report submittal
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



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