Current through all regulations passed and filed through September 16, 2024
As used in this chapter:
(A)
(1)
"Action" means the issuance, modification, or revocation of an order; the
issuance, denial, renewal, modification, suspension, or revocation of a
license, permit, lease, variance, certificate, registration, or authorization;
or the approval or disapproval of plans and specifications pursuant to
law.
(2) "Agency" means the Ohio
environmental protection agency.
(C)
(1)
"Claimant" means the person who claims that all or any portion of information
submitted to the agency is confidential because the information constitutes a
trade secret.
(2) "Complainant"
means a person who has filed a verified complaint.
(D)
(1)
"Director" means the director of environmental protection or the director's
designee.
(2) "Draft action" means
a written statement giving the director's intention with respect to an action
and about which persons are authorized by law to file comments or request a
public meeting, but which will not be the subject of an adjudication
proceeding. A draft action that indicates an intent to issue an order, license,
permit, variance, certificate, registration, or authorization shall include a
draft of that order, license, permit, variance, certificate, registration, or
authorization.
(F) "Final action"
means the written decision on any matter that is signed by the director and
entered in the director's journal pursuant to rule
3745-49-14 of the Administrative
Code.
(I) "Issue" or "issuance" means either of the
following:
(1) In the case of a draft action
or proposed action, to place the action into the United States mail, addressed
to the person who is the subject of the action.
(2) In the case of a final action, to enter
the action into the director's journal after the action is
signed by the director.
(P)
(1)
"Person" means the state of Ohio or any agency thereof, the federal government
or any agency thereof, any other state or agency thereof, any interstate
agency, an individual, and any municipal corporation, political subdivision,
public or private corporation, partnership, or other legal entity defined as a
person under section 1.59 of the Revised
Code.
(2) "Personal knowledge"
means knowledge gained through first hand observation or experience, as
distinguished from information obtained solely from another person or
source.
(3) "Proposed action" means
a written statement that gives the director's intention with respect to an
action and allows persons to do one or more of the following:
(a) File comments or objections to the
action.
(b) Request an adjudication
hearing in accordance with Chapter 3745-47 of the Administrative
Code.
(c) Request a public meeting
regarding the action.
(4)
"Proposed public copy" means a version of information submitted to the agency
from which information claimed to constitute a trade secret has been omitted or
withheld by a claimant.
(5) "Public
copy" means a version of information maintained by the agency from which
information determined by the director to constitute a trade secret has been
omitted or withheld by the agency.
(6) "Public meeting" means a non-adversarial
public forum where any person may present written or oral statements for the
director's consideration pertaining to the application, draft action, or
proposed action that is the subject of the meeting.
(7) "Public record" has the same meaning as
in section 149.43 of the Revised
Code.
(T) "Trade secret"
means information, including the whole or any portion or phase of any
scientific or technical information, design, process, procedure, formula,
pattern, compilation, program, device, method, technique, or improvement, or
any business information or plans, financial information, or listing of names,
addresses, or telephone numbers, provided that the information conforms to the
following:
(1) Derives independent economic
value, actual or potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can obtain economic
value from its disclosure or use.
(2) Is the subject of efforts that are
reasonable under the circumstances to maintain its secrecy.
(3) Is not discharge or emission
data.
(U) "Unredacted
copy" means the complete original version of information submitted to the
agency from which information claimed to constitute a trade secret has not been
omitted or withheld.
(V) "Verified
complaint" means a written complaint filed pursuant to and meeting the
requirements of section
3745.08 of the Revised Code and
rule 3745-49-12 of the Administrative
Code.
