Ohio Administrative Code
Title 4906 - Power Siting Board
Chapter 4906-3 - Certificate Applications Generally
Section 4906-3-09 - Public notice of accepted, complete applications
Universal Citation: OH Admin Code 4906-3-09
Current through all regulations passed and filed through September 16, 2024
(A) After filing an accepted, complete application with the board, the applicant shall, in addition to the newspaper publication requirement in division (C) of section 4906.06 of the Revised Code, give two notices of the proposed utility facility.
(1) The initial notice shall be a written
notice to those persons that received service of a copy of the application
pursuant to rule
4906-3-07 of the Administrative
Code and each owner and resident of a property
that would contain or be crossed
by the proposed equipment, route, or facility or any
proposed alternatives, and each owner and resident of a property that would be
adjacent to a property that would contain or be crossed by the proposed
equipment, route, or facility or any proposed alternatives
within
fifteen days of the filing of the accepted, complete application and shall
contain the following information:
(a) The
name and a brief description of the proposed facility, including type and
capacity.
(b) A map showing the
location and general layout of the proposed facility.
(c) A list of officials served with copies of
the accepted, complete application pursuant to rule
4906-3-07 of the Administrative
Code.
(d) A list of public
libraries that were sent paper copies or notices of availability of the
accepted, complete application, and other readily accessible locations
(including the applicant's website and the website, mailing address, and
telephone number of the board) where copies of the accepted, complete
application are available for public inspection.
(e) A statement, including the assigned
docket number, that an application for a certificate to construct, operate, and
maintain said facility is now pending before the board.
(f) A statement setting forth the eight
criteria listed in division (A) of section
4906.10 of the Revised Code used
by the board to review an application.
(g) Section
4906.07 of the Revised Code,
including the time and place of the public and adjudicatory hearings.
(h) Division (C) of section
4906.08 of the Revised Code,
including the deadline for filing a notice of intervention or petition for
leave to intervene as established by the board or administrative law
judge.
(2) The second
public notice shall be a written notice to those persons
to whom the initial notice is required to be
sent pursuant to paragraph (A)(1) of this rule and shall be published in
newspapers of general circulation in those municipal corporations and counties
in which the chief executive received service of a copy of the application
pursuant to rule
4906-3-07 of the Administrative
Code at least seven days but no more than twenty-one days before the public
hearing. The notice shall be published with letters not less than ten-point
type, shall bear the heading "Notice of Proposed Major Utility Facility" in
bold type not less than one-fourth inch high or thirty-point type and shall
contain the following information:
(a) The
name and a brief description of the project.
(b) A map showing the location and general
layout of the proposed facility.
(c) A statement, including the assigned
docket number that an application for a certificate to construct, operate, and
maintain said facility is now pending before the board.
(d) The date, time, and location of the
public and adjudicatory hearings.
(e) A statement that the public will be given
an opportunity to comment on the proposed facility.
(f) A reference to the date of the first
public notice.
(B) Except as required by Revised Code, inability or inadvertent failure to notify the persons or publish the notice described in this rule shall not constitute a failure to give public notice, provided substantial compliance with these requirements is met.
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