Current through all regulations passed and filed through September 16, 2024
(A) Procedure for request for informal
conference. Any person whose interests are or may be adversely affected by the
issuance of a permit, the issuance of a significant revision to a permit or the
renewal of a permit, or the officer or head of any federal, state or local
government agency or authority, or any permittee whose performance security
amount is proposed to be adjusted in accordance with paragraph (E) of rule
1501:13-7-02
of the Administrative Code, may, in writing, request that the chief hold an
informal conference on the application for a permit or application for
significant revision or renewal of a permit or on the proposed performance
security adjustment. The request shall:
(1)
Briefly summarize the issues to be raised at the conference by the person
requesting the conference; and
(2)
(a) Be filed with the chief not later than
thirty days after the last publication of the newspaper advertisement placed by
the applicant under paragraph (A)(1) of rule
1501:13-5-01
of the Administrative Code; or
(b)
Be filed with the chief not later than thirty days after receipt by the
permittee of the proposed performance security adjustment.
(B)
(1) Except as provided in paragraph (C) of
this rule, if an informal conference is requested in accordance with paragraph
(A) of this rule, the chief shall hold an informal conference within a
reasonable time not to exceed sixty days following:
(a) The close of the comment period required
by paragraph (B)(1) of rule
1501:13-5-01
of the Administrative Code for a permit application, an application for
significant revision to a permit or an application for renewal of a permit; or
(b) Receipt by the permittee of a
performance security adjustment under paragraph (E) of rule
1501:13-7-02
of the Administrative Code.
(2) The informal conference shall be
conducted as follows:
(a) The conference
shall be held in the county where the largest portion of the area permitted or
to be permitted is located;
(b)
The date, time, and location of the informal conference shall be sent to the
applicant or permittee and other parties to the conference and advertised by
the chief in a newspaper of general circulation in the locality of the proposed
permit or existing permit at least two weeks prior to the scheduled conference;
(c) If requested, in writing, by
the person requesting the conference at a reasonable time prior to the
conference, the chief may arrange with the applicant or permittee to grant
parties to the conference access to the proposed permit or existing permit area
and, to the extent that the applicant or permittee has the right to grant
access to it, to the adjacent area, prior to the established date of the
conference for the purpose of gathering information relevant to the conference;
and
(d) The conference shall be
conducted by the chief or a representative of the chief. The chief or his or
her representative may accept oral or written statements and any other relevant
information from any party to the conference. An electronic or stenographic
record shall be made of the conference proceeding, unless waived by all the
parties. The record shall be maintained and shall be accessible to the parties
of the conference until final release of the applicant's or permittee's
performance security required by Chapter 1513. of the Revised Code and these
rules.
(3)
If the informal conference has been held pursuant to
section 1513.071 of the Revised Code,
the chief shall issue and furnish the applicant for a permit, persons who
participated in the informal conference, and persons who filed written
objections pursuant to division (B) of section
1513.071 of the Revised Code,
with the written finding of the chief granting or denying the permit in whole
or in part and stating the reasons therefor within sixty days of the
conference, provided that the chief shall comply with the time frames
established in paragraph (D)(2)(b) of rule
1501:13-5-01
of the Administrative Code.
(C) If all persons requesting the informal
conference stipulate agreement prior to the requested informal conference and
withdraw their request, the informal conference need not be held.
(D) Conferences for reclamation phase
approvals and performance security releases are subject to rule
1501:13-7-08
of the Administrative Code.
