(A)
Request for
order from a local emergency planning committee.
(1)
Any local
emergency planning committee requesting the issuance of an order under division
(A) of section 3750.05 of the Revised Code
shall submit an application in writing to the emergency response commission.
The local emergency planning committee shall include the following in the
application:
(a)
A certified copy of the resolution which is the
subject of the application for the order.
(b)
A signed
statement from the local emergency planning committee stating the basis for
requesting the order.
(c)
Documents, sworn statements or other materials which
support and address the criteria set forth in paragraph (B) of this
rule.
(2)
Any application for an order that fails to provide
sufficient information for the emergency response commission to make the
findings required by paragraph (B) of this rule shall be considered incomplete.
A local emergency planning committee that submits an incomplete application
shall be notified in writing of the nature of the deficiencies. No action shall
be taken on an incomplete application, until the deficiencies have been
addressed.
(B)
Criteria for issuance of an order to a facility.
Before issuing an order, the commission
shall find that due to the size of the facility, the nature of the operations
performed at the facility, or the proximity of the facility to a residential
area or an area where significant numbers of people work or congregate,
participation in the emergency planning process under sections
3750.04 and
3750.05 of the Revised Code is
necessary or appropriate to protect the public health or safety or the
environment.
(C)
Decision by emergency response commission.
(1)
The emergency
response commission shall vote to designate the emergency response commission's
intent to issue an order, within one hundred twenty days of receiving the
request, unless information is presented to the commission at the meeting which
in the judgment of the commission requires additional review and evaluation. If
the commission determines that the information presented at the meeting needs
further evaluation, then the commission may approve a motion to delay a vote on
intent to issue the order until the next regularly scheduled
meeting.
(2)
Following a vote which establishes that the commission
intends to issue an order, the commission shall do the following:
(a)
Mail written
notice to the owner or operator of the facility by certified mail, return
receipt requested of the commission's intention to approve the request and to
issue the order.
(b)
Notify the public, by the publication of notice in a
newspaper of general circulation in the county where the facility is located,
of the commission's intention to approve the request and to issue the order and
that the public may submit written comments to the commission regarding
approval of the request.
(3)
At least
forty-five days following the notification of the public and written
notification of the owner or operator of the facility, the emergency response
commission shall vote to issue an order, unless information is presented to the
commission at the meeting which in the judgment of the commission requires
additional review and evaluation. If the commission determines that the
information presented at the meeting needs further evaluation, then the
commission may approve a motion to delay a vote on the application for an order
until the next regularly scheduled meeting.
(4)
The commission
shall issue an order when sixty per cent or more of the voting members of the
commission vote to approve the order application.