Current through all regulations passed and filed through September 16, 2024
(A)
Filing a
verified complaint.
(1)
An officer of an agency of the state of Ohio or of a
political subdivision in Ohio, acting in a representative capacity, may file a
verified complaint with the director in accordance with section
3745.08 of the Revised Code and
paragraphs (B), (C), and (D) of this rule.
(2)
A person who is
or will be aggrieved or adversely affected by a violation that has occurred, is
occurring, or will occur may file a verified complaint with the director that
meets the requirements of section
3745.08 of the Revised Code and
paragraphs (B), (C), and (D) of this rule provided that the alleged violation
has caused, or will cause, the complainant an injury (e.g., physical or
economic) that is actual and immediate.
(B)
A verified
complaint shall be in writing and shall contain the following:
(1)
An allegation
that another person has violated, is violating, or will violate any one or
combination of the following:
(a)
Any law, rule, standard, order, or authorization
relating to the following:
(i)
Air pollution.
(ii)
Water
pollution.
(iii)
Solid waste.
(iv)
Infectious
waste.
(v)
Construction and demolition debris.
(vi)
Public water
supply.
(vii)
Hazardous waste.
(viii)
Cessation of
regulated operations.
(b)
The conditions
of a license, permit, variance, registration, or authorization relating to any
one or combination of the following:
(i)
Air
pollution.
(ii)
Water pollution.
(iii)
Solid
waste.
(iv)
Infectious waste.
(v)
Construction and
demolition debris.
(vi)
Public water supply.
(vii)
Hazardous
waste.
(viii)
Cessation of regulated operations.
(2)
The complaint shall set forth specific facts to
support the complaint. If the complainant is a person described in paragraph
(A)(2) of this rule, the complaint shall also explain how the complainant is or
will be affected by the alleged violation.
(C)
An affidavit
verifying a complaint authorized by this rule shall be filed along with the
complaint. The affidavit shall comply with the following:
(1)
Be attached to
the complaint as a separate document and include a statement that the facts set
forth in the complaint are based upon personal knowledge of the
complainant.
(2)
Be made before any person authorized by law to
administer oaths and be signed by any of the following:
(a)
The
complainant.
(b)
The complainant's agent.
(c)
The
complainant's attorney.
(D)
The person
before whom the affidavit in paragraph (C) of this rule is taken shall certify
that it was sworn to or affirmed and signed in that person's presence, and the
signed certificate shall be evidence that the affidavit was made by or on
behalf of the complainant.
(E)
A written
complaint received by the agency that fails to comply with the requirements of
this rule shall not be treated by the director as a verified complaint, but the
director may conduct any further investigations or make any other inquiries
that are necessary and appropriate to address the violations alleged in the
complaint.
Five Year Review (FYR) Dates:
10/2/2018 and
10/02/2023
Promulgated
Under: 119.03
Statutory Authority: 3714.02, 3704.03, 6111.041,
6111.03, 6109.04, 3753.02, 3752.03, 3751.02, 3746.04, 3745.01, 3734.74,
3734.73, 3734.72, 3734.71, 3734.70, 3734.12, 3734.021, 3734.02
Rule
Amplifies: 3745.08
Prior Effective Dates:
04/02/2012
