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Main Disclosure Form. This is a Ohio form and can be use in Attorney General Office Statewide.
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MAIN DISCLOSURE FORM
For every applicant for or holder of an Ohio solid, infectious, or
hazardous waste permit, and any prospective owner of an
off-site facility who is required to file a disclosure statement
pursuant to Division (F) of Section 3734.42 of the Ohio Revised Code.
Pursuant to O.R.C. 3734.40-3734.47 and
O.A.C. Rules 109:6-1-01 through 109:6-1-04
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MAIN DISCLOSURE FORM
INSTRUCTIONS
1.
WHO MUST COMPLETE THIS FORM. Every applicant for or holder of an Ohio solid,
infectious, or hazardous waste permit, and any prospective owner of an off-site facility who is
required to file a disclosure statement pursuant to Division (F) of Section 3734.42 of the Ohio
Revised Code.
2.
ALL QUESTIONS MUST BE ANSWERED. Read every question carefully before
answering any. Answer every question completely. Do not leave any blank spaces. If a
question does not apply, enter "Not Applicable" or "N/A" in the space provided for an answer.
If there is nothing to disclosure in answer to a particular question, enter "None" in the space
provided for an answer.
3.
ANSWER COMPLETELY AND TRUTHFULLY. Failure to answer any questions
completely may result in your statement being returned to you for supplementation of your
answers. If the answer to a question in this form is identical to an answer given to a previous
question in the form, you may answer the later question by writing "Same as __." For example,
if the answer to Question 3 is the same as the answer to Question 2, you may answer Question
3 by writing "Same as 2."
WARNING
FRAUDULENT, DECEPTIVE OR MISLEADING ANSWERS ON DISCLOSURE
STATEMENTS MAY RESULT IN THE DENIAL OR REVOCATION OF AN OEPA LICENSE.
IN ADDITION, ANY PERSON WHO MAKES FALSE OR MISLEADING STATEMENTS ON
THIS FORM MAY BE SUBJECT TO CRIMINAL PROSECUTION.
Be especially careful not to leave out information in a way that might create an impression that you are
trying to hide it. For example, a minor criminal conviction will probably not disqualify you or your
company from being licensed - but attempting to conceal the conviction may lead to a finding of
untrustworthiness, and result in disqualification. Omitting such information from this form, even
unintentionally, may result in your trustworthiness being questioned. Even if the question is resolved in
your favor, an application may be delayed while the inquiry goes forward. If you are unsure of, or do
not remember the answer to a question, indicate this in some way - for example, by writing "Do not
remember." This may result in additional inquiries from the Director or the Attorney General, but it will
avoid the implication that you are trying to conceal information.
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However, you should not answer "Do not remember," or with similar words, simply because the
information may not be immediately at hand. You are expected to make reasonable efforts to check
your records so that you can answer the question completely.
4.
ADDITIONAL SPACE. If you need additional space to answer a question, use plain
8 1/2 " by 11" paper. Insert additional pages immediately following the page on which the
question you are answering appears. Be sure to indicate your answer is "continued on next
page," and indicate on the additional page what question is being answered there.
When you have finished answering all questions, and have attached all additional pages,
consecutively number each page at the top right corner - including the additional pages. Pages
of the original form, which need to be renumbered as a result of adding pages should be
renumbered at the space, provided after "Your Page No. ___."
5.
TYPE OR PRINT YOUR ANSWERS. Type or print in legible block letter style.
6.
FEES. Certain fees must be paid to Ohio and the Attorney General's Office in connection with
the processing of this Disclosure Statement and the investigation of you or your company.
O.A.C. Rule 109:6-1-04 describes how these fees are to be calculated. When you have
calculated the fees to be submitted, attach your check to the front of this form before submitting
it.
7.
INTERPRETIVE ASSISTANCE IN COMPLETING DISCLOSURE STATEMENTS. If an
applicant, permittee, or prospective owner needs interpretive assistance in completing a
disclosure statement, it may submit in writing to the Attorney General a regulatory guidance
request seeking an informal, nonbinding interpretation of a regulatory requirement imposed by
sections 3734.40 to 3734.47 of the Ohio Revised Code and the rules adopted thereunder.
a.
The submission of a regulatory guidance request shall in no way alter the obligation of an
applicant, permittee or prospective owner to fully comply with all requirements imposed
by sections 3734.40 to 3734.47 of the Ohio Revised Code and the rules adopted
thereunder.
b.
There is no obligation upon the Attorney General to respond to a regulatory guidance
request other than as the Attorney General determines in his or her sole discretion based
upon available human resources and the need to employ those resources to perform the
mandatory obligations imposed by sections 3734.40 to 3734.47 of the Ohio Revised
Code and the rules adopted thereunder.
c.
The applicant, permittee, or prospective owner solely as a guidance to assist in the
preparation of a disclosure statement shall use the response provided by the Attorney
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General to any regulatory guidance request. The response of the Attorney General shall
not be binding upon anyone, including, but not limited to, the applicant, permittee or
prospective owner, the Attorney General, the Director of Environmental Protection
Agency, a local board of health, or the Hazardous Waste Facility Board. The response
may be accorded such deference as is usually provided to the administrative
interpretation of a statutory requirement.
IF YOU HAVE GENERAL NON-INTERPRETIVE QUESTIONS ABOUT HOW TO
FILL OUT THIS FORM, CALL THE OFFICE OF THE OHIO ATTORNEY GENERAL
(614) 466-3843.
8.
The information required to be submitted in the disclosure statement pursuant to O.A.C. Rule
109:6-1-02 is intended to be the information necessary to begin the background investigation
required by sections 3734.40 through 3734.47 of the Ohio Revised Code. In limiting the scope
of information required to be included in the disclosure statement, it is expressly contemplated
that in individual investigations the Attorney General may have reasonable cause to believe that
the procedures contained in section 3734.43 of the Ohio Revised Code should be employed to
review additional information. Nothing contained in O.A.C. Rule 109:6-1-02 shall be
construed to restrict or limit the scope of the information the Attorney General may seek
pursuant to the procedures established in section 3734.43 of the Ohio Revised Code.
SOCIAL SECURITY NUMBERS
Notice required under Section 7(b) of the
Federal Privacy Act of 1974
Under Section 7(b) of the Privacy Act of 1974, 5 U.S.C. '552a (note), any government agency which
requests an individual to disclose his Social Security account number must inform that individual whether
the disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited,
and what uses will be made of it.
The Ohio Environmental Protection Agency and the Ohio Attorney General are authorized to request
Social Security numbers pursuant to Paragraph (D) of Section 3734.41 of the Ohio Revised Code,
which defines the contents of disclosure statements. The Social Security number is used as a secondary
identifier by the Ohio Bureau of Criminal Investigation when they conduct background identification,
when the Bureau of Criminal Investigation conduct checks of criminal history records maintained by the
State and federal governments, and as a cross-check against motor vehicle records. In specific
investigations which may involve examination of particular records and the individual under investigation
are the same or different persons.
The listing of Social Security numbers on the disclosure forms is voluntary. Under Section 7(a) of the
Privacy Act, the State of Ohio cannot deny or revoke a license or impose any penalty because of an
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individual's refusal to disclose a Social Security number. However, the absence of a Social Security
number as a secondary identifier may delay processing and decisions on licensure because of necessary
additional investigative time. Note that, the absence of a Social Security number may result in an
individual initially being identified as having a criminal record, which actually is that of another person.
This again, may result in delays in the decision on licensure required by Ohio Revised Code Section
3734.40 et seq.
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Page No. 1 Your Page No. _____
MAIN DISCLOSURE FORM
This disclosure statement is being filed for the following facility:
(Name)
(Location)
in connection with an:
application for a permit for a hazardous waste facility
application for a permit for a solid waste facility, other than a solid waste transfer station
application for a permit for a solid waste transfer facility
existing hazardous waste facility, pursuant to notice from the Attorney General
existing solid waste facility, pursuant to notice from the Attorney General
change of ownership of the following type of facility:
solid waste
hazardous waste
infectious waste
other(describe)___________________________________________
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Page No. 2 Your Page No.
Column for use by Attorney General:
Discl. Stmt. submitted
1.
Full name, address and phone number of the applicant, permittee, or prospective owner for
which this form is submitted. If the named entity is an individual, submit a Personal History
Disclosure Form. If the named entity is a business concern, submit a Business Concern
Statement.
(Full Name)
(Phone Number)
(Number and Street)
(City)
2.
(County)
(State)
(Zip Code)
List each individual who is an officer, director, partner, or key employee of a sole proprietorship
or business concern listed in Question 1. For each name listed below submit a Personal
History Disclosure Form.
:
:
:
:
:
:
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Page No. 3 Your Page No.
3.
List each individual who "owns or controls," as that term is defined at O.A.C. Rule
109:6-1-01(R), the business concern listed in Question 1. For each name listed below
submit a Personal History Disclosure Form.
:
:
:
:
:
4.
List each business concern, which is a partner of a business concern listed in Question
1. For each name listed below submit a Business Concern (Private or Governmental
Entity) Disclosure Form and also a Listed Business Concern Disclosure Form.
:
:
:
5.
List each business concern who "owns or controls," as that term is defined at O.A.C.
Rule 109:6-1-01(R), the business concern listed in Question 1. For each name listed
below submit a Business Concern (Private or Governmental Entity) Disclosure Form
and also a Listed Business Concern Disclosure Form.
:
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Page No. 4 Your Page No. ______
6.
List each individual who is an officer, director, or partner of a business concern listed in
Question 5. For each name listed below submit a Personal History Disclosure Form.
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
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Page No. 5 Your Page No. ___
7.
List each individual who "owns or controls," as that term is defined at O.A.C. Rule
109:6-1-01(R), business concern listed in Question 5. For each name listed below
submit a Personal History Disclosure Form.
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
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Page No. 6 Your Page No. _____
8.
List each business concern that both (1) is a "subsidiary" of, that, is "owned or controlled" by,
an individual or business concern listed in Questions 1, 3, 4, or 5, and (2) has had a:
(a)
conviction rendered against itself or any if its officers, directors, or the equivalent of a
key employees of the subsidiary, for a crime listed in O.R.C. 3734.44(B); or
(b)
criminal charge filed against itself or any of its officers, directors, or the equivalent of a
key employees of the subsidiary, for a crime listed in O.R.C. 3734.44(B); or
(c)
civil judicial complaint rendered against itself for violation of an environmental protection
law resulting in a penalty of fifty thousand dollars or more.
(d)
judgment of liability rendered against itself for violation of an environmental protection
law resulting in a penalty of fifty thousand dollars or more.
For each name listed below submit a Subsidiary Disclosure and a Listed Business Concern
Disclosure Form.
:
:
:
:
:
:
:
:
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Page No. 7 Your Page No. _____
9.
List the following information for each business concern in which the applicant, permittee, or
prospective owner holds an equity interest and which collects, transfers, transports, treats,
stores, or disposes of solid, infectious, or hazardous waste. For each business concern listed
below, submit a Listed Business Concern Disclosure Form.
Full Name
Address
Federal Tax I.D. #
:
:
:
:
:
:
:
:
10.
Provide the name of each business concern identified in any Listed Business Concern Disclosure
Form. For each business concern identified below, submit a Listed Business Concern
Disclosure Form.
:
:
:
:
:
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Page No. 8 Your Page No. _____
11.
OTHER EMPLOYEES. List the following information as to all employees (other than key
employees) employed at the subject facility as of thirty days within filing of the disclosure
statement:
Name of
Employee
Home Address
Position
Date Hired
Date of
Birth
Social Security
Number
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Page No. 9 Your Page No. ______
AFFIDAVIT*
STATE OF
)
)
)
COUNTY OF
I,
, do hereby swear (or affirm) that I am authorized and
able to supply the information in this Main Disclosure Form and that such information about the business
concern given in answer to Questions (please circle the Questions to which this affidavit applies):
1
2
3
4
5
6
7
8
9
10
11
is true and accurate to the best of my knowledge. I am aware that if any of the foregoing statement
made by me is knowingly false, I am subject to criminal prosecution or civil action.
Date:
(Signature)
_
(Type or print name here)
(Title or position)
If a person other than the individual signing this affidavit (e.g., accountant or attorney) prepared the
form, indicate that person's name, address and telephone number:
Sworn to and subscribed before me this
________________________________
Notary Public
day of
, 20____.
Seal or Authority of Notary Public
*Sufficient affidavits should be attached such that some person swears to the truth and accuracy of the
information of the answers to each question in this form.
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Page No. 10 Your Page No. _____
RELEASE AUTHORIZATION
To All Courts, Probation Departments, Selective Service Boards, Credit Bureaus, Employers,
Educational Institutions, Banks, Financial and other such Institutions, and all Governmental Agencies federal, state and local without exception both foreign and domestic.
On behalf of
,
I,
(President, Chief Executive, Partner or Sole Proprietor)
have authorized the Attorney General of Ohio to Conduct an investigation into the background of the
said enterprise for the purpose of determining its suitability to hold a solid, infectious, or hazardous
waste license, as provided under Sections 3734.40 - .47 of the Revised Code.
Therefore, you are hereby authorized to release any and all information pertaining to the said enterprise,
documentary or otherwise, as requested by an appropriate employee, agent or representative of the
Attorney General.
This authorization shall supersede and countermand any prior request or authorization to the contrary.
A photostatic copy of this authorization will be considered as effective and valid as the original.
(Signature)
Sworn to and subscribed before me on this
day of
, 20
.
Seal or authority of Notary Public
Notary Public
F:\EBIU\DISCLOSU\MAINDISC.WPD
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