Current through all regulations passed and filed through March 18, 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 it 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.
Replaces: 3745-47-03
Effective:
4/2/2012
R.C. 119.032 review dates:
04/02/2017
Promulgated
Under: 119.03
Statutory Authority: 3704.03, 3714.02, 3734.02,
3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01,
3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03, 6111.041
Rule
Amplifies: 3745.07
Prior Effective Dates: 04/26/76, 06/30/81
