Current through all regulations passed and filed through December 16, 2024
(A) Not later than
thirty days after public notice of a draft permit, draft permit modification,
or a proposed action to deny, suspend, or revoke a permit, any person may file
a request for a public meeting. This paragraph does not apply to amended draft
actions or to a NPDES permit application where an antidegradation review is
required.
(B) Public meetings and
antidegradation review and NPDES permits.
(1)
Within ninety days of receipt of the application for any permit to install with
a NPDES permit, the director shall hold a public meeting where an
antidegradation review is required for any category three wetland, a designated
outstanding national resource water, outstanding high quality water, state
resource water or superior high quality water. The public meeting shall be for
the purpose of evaluating issues related to lower water quality.
(2) Within ninety days of receipt of the
application, the director shall hold a public meeting for any permit to install
application and any NPDES permit application where the application indicates
that an antidegradation review is required for general high quality waters
other than category three wetlands and for limited quality waters, and the
director also determines that there is significant public interest. This
meeting is held concurrently with the meeting for the draft permit.
(C) If the director determines
that there is significant public interest as described in paragraph (D) of this
rule in a draft permit to install, permit to operate, NPDES permit, or
modification of any permit, in the antidegradation review described in
paragraph (B)(2) of this rule, or in any proposed action to deny, suspend, or
revoke a permit, or where required to do so by statute or rule, the director
shall hold one public meeting in the county where the facility is located or in
a contiguous county. In consideration of an application for issuance of a
permit, the director may hold one public meeting prior to issuance of a permit.
When allowed by the antidegradation policy, the director shall hold the public
meeting on antidegradation issues concurrently with any public meeting held for
the draft permit.
The director may take other, reasonable steps to inform the
public about draft permits, including fact sheets, brochures or other informal
sessions with the public and the permittee.
The director may include representatives from other government
departments, offices and agencies to participate in public meetings and
otherwise invite these persons to provide pertinent information to the
public.
(D) Significant
public interest means statements made in writing by twenty or more persons
expressing interest in the draft permit before the director or in the
antidegradation review and requesting a public meeting. Significant public
interest may also include expressed interest by one or more public
officials.
(E) Public notice of the
public meeting shall be published at least thirty days prior to the public
meeting in a newspaper of general circulation and shall include:
(1) The address and telephone number of the
office at the Ohio department of agriculture where department files and records
pertaining to the proposed action or issuance are located and may be inspected
and copied and instructions for persons desiring to obtain additional
information, including the NPDES mailing list.
(2) The name and address of the
applicant.
(3) The location of the
facility and a short description of each existing or proposed discharge point
and the name(s) of the receiving water(s).
(4) The date of issuance of the notice of the
draft permit.
(5) The time, date,
and location of the public meeting if applicable.
(6) A concise statement of the issues raised
by those requesting a public meeting.
(7) A statement:
(a) That any interested person may appear and
present written and/or oral statements, in person or by a
representative.
(b) That the
purpose of the meeting is to obtain additional information that will be limited
to the criteria that are applicable to the permit application that is the
subject of the public meeting and will be considered by the director prior to
the director's taking final action on the draft permit under
consideration.
(c) That a
transcript, recording or other complete record will be made of the public
meeting.
(F) In
any public meeting, the director may appoint a presiding officer to conduct the
meeting. The officer shall state at the beginning of the meeting the manner in
which the meeting will be conducted, time limits for testifying, and any other
procedures for conducting the meeting. Procedures and time limits may vary
according to the number of people wishing to testify, the time the meeting
starts, weather conditions and other situations affecting the length of the
meeting. On the date and at the time and place specified in the notice, the
public meeting shall be held at which any person:
(1) May appear and be heard in person or by a
representative, or both;
(2) May
present statements orally or in writing, or both. All comments whether written
or oral shall be considered equally in making a final decision, provided that
comments are submitted with the name and address of the person presenting the
statements for the record.
(G) Any person requesting time to make an
oral comment at the meeting must register their name and address prior to the
beginning of the meeting. Persons shall be called to provide a statement for
the record in the order of registration, unless the presiding officer
determines otherwise.
(H)
Information presented by any person shall be limited to the criteria and
information that are applicable to the permit application that is the subject
of the public meeting. The officer may rule out of order any person who does
not address comments to the matter that is the subject of the public
meeting.
(I) Persons attending the
public meeting are authorized to tape or videotape the proceedings provided the
following requirements are met:
(1) The
hearing officer is notified at least twenty-four hours prior to the start of
the public meeting unless prior notice is waived by the hearing officer;
and
(2) The public meeting is not
interrupted or disturbed. (J) Close of public comment period.
(1) Persons, including applicants, who
believe any condition of a draft permit is inappropriate or that the director's
tentative decision to deny, issue, or terminate a permit is inappropriate, must
raise all reasonably ascertainable issues and submit all reasonably available
arguments supporting their position by the close of the public comment period
(including any public meeting). Any supporting materials which are submitted
shall be included in full and may not be incorporated by reference, unless they
are already part of the record in the same action, or consist of state or
federal statutes and regulations, or other generally available reference
materials. Commenters shall make supporting materials not already included in
the record available to the director.
(2) At the time that any final permit action
is issued the director shall issue a response to comments or "responsiveness
summary."
(3) No final action shall
be issued until after the director has considered the responsiveness summary.
The responsiveness summary shall briefly describe and respond to all
significant comments raised during the public comment period or during the
public meeting on the draft permit action or, in the case of a NPDES permit
with antidegradation applicability, the permit application. The responsiveness
summary shall specify which provisions, if any, of the draft permit have been
changed in the final permit decision and the reasons for the change.
