Current through all regulations passed and filed through December 16, 2024
(A) Notice by
publication.
(1) Notices in general. All
notices required or authorized by section
903.09 of the Revised Code shall
be published once in a newspaper having general circulation in the county in
which the facility is located or proposed to be located. Publication shall be
done at least thirty days prior to a public meeting, provided that publication
shall be done at least forty-five days prior to a public meeting for any draft
permit to install or draft NPDES permit subject to an antidegradation review.
Public notice is complete upon publication.
Public notice
will be given for any draft general permit to be issued by the director. Since
general permits are written to cover categories of discharges within a
geographic or political area, the director may give one or more notices in
newspapers of general circulation for those geographic or political areas
identified in the general permit.
(2) Additional requirements for
NPDES information. The department shall publish a public notice within thirty
days regarding receipt of a NPDES permit application and permit to install for
which an antidegradation review is applicable. The
purpose of public
notice for a draft permit to install and a draft NPDES permit for which an
antidegradation review is applicable shall be: to inform other potentially
affected persons; to allow for inspection and review of the applications; to
indicate whether any of the exclusions or waivers within the antidegradation
rules apply to the applications; to instruct interested persons to contact the
director within thirty days if they want to be on the interested parties
mailing list as described in rule
901:10-6-05 of the
Administrative Code for that particular permit to install or NPDES permit
application; and to advertise the date, time, and place of any public meeting
required under division (C) of section
903.09 of the Revised
Code.
(3) The department
shall give public notice of the issuance of a review compliance certificate
issued pursuant to division (F) of section
903.04 of the Revised Code only
to persons who own property that is contiguous to the facility for which the
review compliance certificate is issued.
(4) The director shall publish notice of the
issuance of a final permit once in a newspaper of general circulation in the
county in which the facility is located.
(5) The director shall give public notice of
the proposed action to deny, suspend, or revoke a permit to install, permit to
operate, or NPDES permit, or for any actions pursuant to section
903.17 of the Revised
Code.
(B) Notice by
mail.
(1) The director shall mail notice of
the issuance of a draft permit and a copy of the draft permit to the applicant
or owner or operator and to the board of county commissioners of the county,
the board of township trustees of the township, the local board of health and
the local soil and water conservation district in which the facility is located
or proposed to be located. The director shall also notify owners or operators
of public water systems as that term is defined in section
6109.01 of the Revised Code that
have a surface water intake structure located within ten miles downstream of
the facility or proposed facility described in the draft permit.
(2) In addition, if an antidegradation review
of a NPDES permit application indicates the potential to lower water quality,
the director shall provide notice by mail to the Ohio department of natural
resources, the United States fish and wildlife service, any affected local
areawide planning agencies and the Ohio department of development.
(3) The director shall mail notice of the
proposed action to deny, suspend, or revoke a permit to install, permit to
operate, or NPDES permit to the applicant or owner or operator and a copy of
the proposed action to the board of county commissioners of the county and the
board of township trustees of the township in which the facility is located or
proposed to be located. The director shall also provide notice of the proposed
action to deny, suspend, or revoke a NPDES permit to any other persons that are
entitled to notice under the Federal Water Pollution Control Act.
(4) Notices shall be mailed by certified
mail, return receipt requested, to the person subject thereto. Notices shall
state the time and method by which the applicant or permit holder may request
public meeting. A statement as to when a final permit will be issued may
accompany draft permits.
(a) If a draft
permit or proposed action is issued with an effective date and the permit is
later signed by the director without being changed further, the department need
not, at the time of entry, provide notice or a copy of the permit to the person
subject thereto.
(b) If a draft
permit or proposed action is issued without an effective date, and the
department later assigns an effective date without changing the action further,
the department shall mail notice to the person subject thereto informing the
person of the effective date.
(5) If the applicable law grants a right to
appeal the final permit or order of the director to the environmental review
appeals commission, mailings required by this paragraph shall be accompanied by
a notice stating the time and method by which the appeal must be
filed.
(C) Notice of a
public meeting is not required for the modification of a permit made with the
consent of the permittee for the correction of typographical errors.
(D) The director may also hold a public
meeting at the director's discretion, whenever, for example, such a public
meeting might clarify one or more issues involved in the permit
decision.
Effective:
6/8/2014
R.C. 119.032 review dates:
03/21/2014 and
06/08/2019
Promulgated
Under: 119.03
Statutory Authority: 903.08, 903.10
Rule
Amplifies: 903.01, 903.02, 903.03, 903.04, 903.07, 903.08, 903.081, 903.082,
903.09, 903.10, 903.17
Prior Effective Dates: 1/23/2009, 9/15/2005,
7/2/2002
