Compliance with NFA Letter Rule Affidavit Requirements and Steps for Issuing a NFA Letter and Requesting a CNS

Affidavits Requirements Required when information, data, documents, or reports are submitted to another party for the purposes of the voluntary action (per ORC) Requirements apply to: – Volunteer – CP – CL – Other persons who perform work

NFA Letter Rule OAC includes: – Requirements to issue a NFA letter and request a CNS – Affidavit requirements for Volunteer, CPs, CLs, and other persons as it relates to NFA letter issuance and CNS request Other VAP rules cover affidavit requires for other situations

Affidavits for Other Situations Recognize need for comprehensive affidavit guidance Affidavit templates for other submittals come attached to the form or application – Examples: USDs, CP/CL applications, variance requests, etc. Guidance for NFA letters addresses majority of affidavit needs

Affidavit Templates Guidance includes four example affidavits: – Volunteer’s affidavit – CP’s affidavits – CL’s affidavit – “Other person” affidavit Intent is to comply with OAC for affidavits associated with NFA letters

Two Types of CP Affidavits Type one – NFA Letter – Used to issue NFA letter or its addenda – Included in Form for NFA Letter and CNS Request – Not part of this guidance, but is referenced Type two – “everything else” – Used by CP to provide information related to the voluntary action that is not the NFA letter – Example affidavit template is included in the guidance

Steps for NFA Letter Issuance and CNS Request Divided into a six (6) step process Step 1 – Receipt of Information – Received from volunteer (or other persons) under affidavit – No affidavit required for work done (or overseen) by CP

Steps for NFA Letter Issuance and CNS Request Step 2 – Review of Information by CP – Reviews information for compliance with applicable standards – Eligibility evaluation – must be eligible – Phase I update – within 180 days – Property walk-over – within 180 days Step 3 – Prepare NFA Letter – Follow Ohio EPA template

Steps for NFA Letter Issuance and CNS Request Step 4 – Issuance of NFA Letter – Copy of prepared NFA letter sent to volunteer Written request asking whether volunteer wishes to request a CNS Written notice that only the CP can submit NFA letter to director for a CNS CP’s affidavit issuing the NFA letter – Date of CP affidavit determines NFA Letter issuance date

Steps for NFA Letter Issuance and CNS Request Step 5 – Volunteer’s Decision – Promptly after receipt of NFA letter, volunteer must do one of the following: Send written notice to CP indicating whether or not the volunteer wishes CP to submit NFA letter to director Send director copy of written notice – Promptly not defined, but NFA letter may not be accepted if delay is too long

Steps for NFA Letter Issuance and CNS Request Step 6 – CP acts on Volunteer’s decision – CP must act promptly on Volunteer’s decision – Submittal for a CNS Send original NFA letter to director on behalf of volunteer Original CP affidavit from Step 4 must accompany submittal – No CNS requested CP sends original NFA letter to Volunteer

Questions?