reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-320 - Issuance of an individual beneficial use permit

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations,
				and test methods referenced in this
				rule, see rule
				3745-599-03 of the
				Administrative Code titled "Beneficial use - incorporation by
				reference."]
(A) If the director
			 determines that an individual beneficial use permit application is deficient or
			 other documentation required to be submitted by this chapter does not provide
			 Ohio EPA with information necessary to ascertain compliance with the applicable
			 provisions of this chapter, Ohio EPA shall notify the applicant of the
			 deficiencies in the application. If the applicant fails to submit a complete
			 revised application not later than one hundred eighty days after the date of
			 the notice that the application is deficient, the director may deny the
			 application. If the applicant fails to provide any response not later than one
			 hundred and eighty days after the date of the notice that the application is
			 deficient, the director may return the deficient application to the applicant.
			 An incomplete application will not be considered.
(B) An individual beneficial use permit is
			 non-transferable.
(C) Upon receipt
			 of a complete application for an individual beneficial use permit and a
			 determination that the criteria for an individual beneficial use permit have
			 been met, the director may issue an individual beneficial use permit to the
			 applicant. The individual beneficial use permit may include conditions to
			 prevent nuisance or adverse impacts to public health, safety, and the
			 environment, including but not limited to conditions related to the following:
(1) Establishment of restrictions and
			 requirements pertaining to management of and persons responsible for management
			 of the beneficial use byproduct proposed for beneficial use including but not
			 limited to the following:
(a) Activities such
			 as generation, processing, distribution, or placement of the beneficial use
			 byproduct.
(b) Persons such as
			 generators, processors, distributors, or landowners.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-330 - Notice and information for distribution - individual beneficial use permits

Current through all regulations passed and filed through July 1, 2024
(A)
								Unless otherwise specified in the individual beneficial
			 use permit, any permittee who distributes a beneficial use byproduct to another
			 person under an individual beneficial use permit for beneficial use shall
			 provide the person receiving the beneficial use byproduct with the beneficial
			 use byproduct's notice of necessary information prior to or with the initial
			 distribution. The notice of necessary information shall include the
			 following:
(1)
									The name, address, and telephone number of the generator of
			 each beneficial use byproduct, and the name, address, telephone number, and
			 title of the generator's authorized contact person.
(2)
									The type and
			 number of each applicable individual beneficial use permit.
(3)
									A statement that
			 the material being distributed is or contains a beneficial use byproduct that
			 meets the constituent limits established in the individual beneficial use
			 permit.
(4)
									A summary of results from any characterization required
			 in accordance with rule
			 3745-599-340
			 of the Administrative Code or required by the individual beneficial use
			 permit.
(5)
									A copy of the individual beneficial use permit issued
			 for the beneficial use of the beneficial use byproduct.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-334 - Generator obligations for record keeping and reporting - individual beneficial use permits

Current through all regulations passed and filed through July 1, 2024
(A)
								Unless otherwise specified in the individual beneficial
			 use permit, a permittee who is a generator shall submit to Ohio EPA an annual
			 report signed in accordance with rule
			 3745-599-25
			 of the Administrative Code. The annual report shall be submitted on or before
			 April first of each year for the previous calendar year on forms prescribed by
			 the director and shall include at a minimum the following:
(1)
									A list of all
			 persons and locations that received the beneficial use byproduct from the
			 generator and the quantity of beneficial use byproduct distributed annually to
			 each person and location expressed in dry tons or by volume.
(2)
									Any documentation
			 demonstrating legitimacy of the beneficial use required under rule
			 3745-599-35
			 of the Administrative Code.
(3)
									Information
			 required to be submitted by rule
			 3745-599-345
			 or
			 3745-599-350
			 of the Administrative Code.
(4)
									The following
			 information, if the information has changed since the submittal of the previous
			 annual report:
(a)
										The updated information as specified in paragraph (A)
			 of rule
			 3745-599-310
			 of the Administrative Code.
(b)
										A copy of the
			 compliance demonstration developed in accordance with rule
			 3745-599-345
			 of the Administrative Code.
(c)
										The results of
			 any re-characterization of the beneficial use byproduct, including laboratory
			 results and statistical analyses of the beneficial use byproduct, if performed
			 by the generator.
(5)
									Any other
			 information required by the individual beneficial use permit.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-335 - Distributor obligations for record keeping and reporting - individual beneficial use permits

Current through all regulations passed and filed through July 1, 2024
(A)
								Unless otherwise specified in the individual beneficial
			 use permit, the permittee who is a distributor shall submit to Ohio EPA an
			 annual report signed in accordance with rule
			 3745-599-25
			 of the Administrative Code. The annual report shall be submitted on or before
			 April first of each year for the previous calendar year on forms prescribed by
			 the director and shall include at a minimum the following:
(1)
									A list of all
			 persons and locations that received the beneficial use byproduct and the
			 quantity of beneficial use byproduct distributed annually to each person and
			 location expressed in dry tons or by volume.
(2)
									The name,
			 address, and telephone number of each generator of a beneficial use byproduct
			 distributed by the permittee.
(3)
									Any documentation
			 demonstrating legitimacy of the beneficial use required under rule
			 3745-599-35
			 of the Administrative Code.
(4)
									Information
			 required by to be submitted by rule
			 3745-599-345
			 or
			 3745-599-350
			 of the Administrative Code.
(5)
									The following
			 information, if the information has changed since the submittal of the previous
			 annual report:
(a)
										The updated information as specified in paragraph (A)
			 of rule
			 3745-599-310
			 of the Administrative Code.
(b)
										A copy of the
			 compliance demonstration developed in accordance with rule
			 3745-599-345
			 of the Administrative Code.
(c)
										The results of
			 any re-characterization of the beneficial use byproduct, including laboratory
			 results and statistical analyses of the beneficial use byproduct, if performed
			 by the distributor.
(6)
									Any other
			 information required by the individual beneficial use permit.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-345 - Compliance demonstration for individual beneficial use permits

Current through all regulations passed and filed through July 1, 2024
(A)
								Compliance demonstration. An applicant shall develop
			 and submit a proposed compliance demonstration with the individual beneficial
			 use permit application. The proposed compliance demonstration shall describe
			 the sampling and analysis procedures the applicant will use when performing the
			 annual compliance demonstration required by paragraph (B) of this rule and
			 shall include all beneficial use byproducts that the applicant is seeking to
			 beneficially use under the individual beneficial use permit application
			 pursuant to this chapter.
(1)
									The proposed compliance demonstration shall include all
			 components of the initial beneficial use byproduct characterization required by
			 rule
			 3745-599-340
			 of the Administrative Code.
(2)
									If the proposed
			 compliance demonstration proposes different sampling and analysis than what is
			 performed for the initial beneficial use byproduct characterization
			 demonstration, the applicant shall submit an explanation of each change. The
			 proposed compliance demonstration shall include at a minimum the
			 following:
(a)
										An explanation of any changes made to the list of
			 constituents of concern.
(b)
										An explanation of any changes of the analytical method
			 selected and of the appropriateness of the selected analytical
			 method.
(c)
										An explanation of any changes to the sampling strategy
			 to characterize the beneficial use byproduct by volume or as generated through
			 time.
(d)
										An explanation of any changes to the sample handling
			 techniques or shipping procedures.
(e)
										An explanation of
			 any changes to the sampling strategy followed to obtain representative
			 samples.
(f)
										An explanation of any changes of the sampling strategy
			 including locations and number of samples.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-350 - Changes to the beneficial use byproduct and the individual beneficial use permit

Current through all regulations passed and filed through July 1, 2024
(A)
								Material change in the raw materials or generating
			 process of the beneficial use byproduct.
(1)
									If a change in
			 the generating process, feedstock, input materials, or raw materials
			 constitutes a material change, the director may require the permittee to
			 conduct and submit an additional characterization of the beneficial use
			 byproduct in accordance with rule
			 3745-599-60
			 of the Administrative Code.
(2)
									If at any time
			 the beneficial use byproduct has undergone a material change or does not meet
			 the requirements of the individual beneficial use permit, the permittee shall
			 cease beneficial use and distribution of the beneficial use byproduct and
			 provide written notice to Ohio EPA not later than three days after cessation.
			 The permittee may resume beneficial use or distribution of the beneficial use
			 byproduct only after doing one of the following:
(a)
										Not later than
			 sixty days prior to re-commencing beneficial use and distribution of the
			 beneficial byproduct, the permittee shall perform and submit the following to
			 Ohio EPA:
(i)
											A
			 characterization of the beneficial use byproduct as required in the individual
			 beneficial use permit and this chapter. The characterization shall include
			 sufficient samples as necessary for a statistical analysis.
(ii)
											A statistical
			 analysis that demonstrates compliance in accordance with the individual
			 beneficial use permit.
(iii)
											An explanation of how re-commencing beneficial use and
			 distribution of the beneficial use byproduct will meet the specifications of
			 the individual beneficial use permit and this chapter.
(b)
										Submits an application for and obtains an authorization
			 pursuant to this chapter.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-370 - Denial and revocation of an individual beneficial use permit

Current through all regulations passed and filed through July 1, 2024
(A)
								Denial of an individual beneficial use permit. The
			 director may deny an individual beneficial use permit application or an
			 application for renewal of an individual beneficial use permit in accordance
			 with Chapter 119. of the Revised Code, for at a minimum any of the following
			 reasons:
(1)
									The beneficial use of a beneficial use byproduct is proposed
			 at one or more of the following locations:
(a)
										Within a drinking
			 water source protection area for a public water system using ground
			 water.
(b)
										Within five hundred feet of a well that provides
			 potable drinking water for human or livestock consumption.
(c)
										Within an
			 emergency management zone.
(d)
										Within a flood
			 plain.
(e)
										Within a location prohibited under division (M) of
			 section 3734.02 of the Revised
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-400 - Harbor sediment authorization

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations,
				and test methods referenced in this
				rule, see rule
				3745-599-03 of the
				Administrative Code titled "Beneficial use and harbor sediment authorization -
				incorporation by reference."]
(A) Upon
			 consideration of the criteria set forth in rule
			 3745-599-410 of the
			 Administrative Code, the director may issue or renew a harbor sediment
			 authorization for lake Erie dredge that is not a hazardous waste and that is
			 unlikely to create a nuisance or adversely affect public health, safety, or the
			 environment. Lake Erie dredge that is covered by and managed in accordance with
			 an effective harbor sediment authorization is neither a solid waste nor an
			 other waste for the purposes of Chapters 3734. and 6111. of the Revised Code,
			 except to the extent that earthen materials are regulated pursuant to those
			 chapters. A harbor sediment authorization may include but is not limited to the
			 following:
(1) Requirements pertaining to the
			 management and storage of lake Erie dredge during handling of the lake Erie
			 dredge, including setbacks and isolation distances. At a minimum, the director
			 may consider the following in determining appropriate requirements:
(a) Ohio environmental protection agency's
			 "Rainwater and Land Development Manual."
(b) United States environmental protection
			 agency's internet-based resources relating to BMPs for erosion and
			 sedimentation, including the sector specific "Industrial Storm Water Fact Sheet
			 Series."
(c) United States
			 environmental protection agency's "National Menu of Best Management Practices
			 (BMPs) for Stormwater."
(d) United
			 States environmental protection agency's "National Management Measures to
			 Control Nonpoint Source Pollution from Urban Areas,
			 EPA-841-B-05-004."
(e) Ohio
			 hydrologic soil groups.
(f)
			 Precipitation forecasts.
(g) Soil
			 temperatures.
(h) Other BMPs listed
			 in Chapter 3745-40 of the Administrative Code.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-1 - Definitions › Section 3746-1-01 - Definitions: General

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 3746 of the Administrative Code, except otherwise provided:
(A) "Action" or "Act" includes: the adoption,
			 modification, or repeal of a rule or standard; the issuance, modification, or
			 revocation of any lawful order other than an emergency order; the issuance,
			 denial, modification, or revocation of a license, permit, lease, variance, or
			 certificate; or the approval or disapproval of plans and specifications
			 pursuant to law or rules adopted thereunder.
(B) "Agency" means the Ohio environmental
			 protection agency or the Ohio department of agriculture, except as used in rules
			 3746-3-15
			 to
			 3746-3-19
			 of the Administrative Code.
(C) "Commission" means the environmental
			 review appeals commission.
(D)
			 "Day" means a calendar day.
(E)
			 "Director" means the director of environmental protection or the director of
			 the department of agriculture, except as used in rules
			 3746-3-15
			 to
			 3746-3-19
			 of the Administrative Code.
(F) "Intervenor" means any person admitted as
			 a party pursuant to a motion to intervene as a participant to a proceeding
			 before the commission.
(G)
			 "Statutory agency" means any state or local governmental unit whose action is
			 subject to review by the commission pursuant to the Revised Code.
(H) "Party" means any person who participated
			 in a proceeding before the director of environmental protection, the director
			 of the department of agriculture or a statutory agency and includes, but is not
			 limited to:
(1) the director of environmental protection
			 ;
(2) any branch of the state government or
			 local governmental unit, acting under delegated authority of the director, or
			 under its own direct statutory authority, or having been affected by the action
			 of the director or one acting under his proper delegation;
(3) any person appealing an action of the
			 director or one acting under the delegated authority of the director, or any
			 person against whom an action has been taken or initiated by the director or
			 one acting under the director's proper delegation, whether designated as an
			 applicant, permittee, licensee, respondent, or otherwise;
(4) any person filing a verified complaint
			 with the director pursuant to section
			 3745.08 of the Revised
			 Code;
(5) any person who has been
			 involved in any proceeding before the director or one acting under the
			 delegated authority of the director; and
(6) any person permitted by the commission to intervene.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-1 - Definitions › Section 3746-1-02 - Jurisdictional bases

Current through all regulations passed and filed through July 1, 2024
The jurisdictional predicate for appellate review by the
				commission shall be based upon any appeal which satisfies the requisites for
				appeal as set forth in section
				3745.04
				or
				3745.07
				of the Revised Code.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-01 - Power of the commission to issue rules: procedure

Current through all regulations passed and filed through July 1, 2024
(A)
								The commission
			 shall adopt rules governing procedures to be followed in proceedings before it
			 in accordance with applicable law.
(B)
								A majority of the
			 members of the commission must concur to adopt, amend, or rescind a
			 rule.
(C)
								The authority of the commission to adopt rules under
			 this chapter shall not be governed by or subject to Chapter 119. of the Revised
			 Code.
Replaces: 3746-3-01
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.02,
				3745.03,
				3745.04,
				3745.05,
				3745.06,
				3745.07,
				3750.19
Prior
				Effective Dates: 01/02/1973, 10/06/1998, 12/20/2008, 12/30/2013,
				02/01/2019
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-02 - Regulations; scope

Current through all regulations passed and filed through July 1, 2024
Chapter 3746-3 of the Administrative
				Code shall govern the practice and procedure before the commission in its
				proceedings.
Replaces: 3746-3-02
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.02,
				3745.03,
				3745.04,
				3745.05,
				3745.06,
				3745.07,
				3750.19
Prior
				Effective Dates: 08/24/1973, 10/06/1998, 12/20/2008,
				02/01/2019
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-03 - Quorum

Current through all regulations passed and filed through July 1, 2024
Two members constitute a quorum. No action of the commission
				shall be valid unless it has the concurrence of at least two members.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.02,
				3745.03,
				3745.04,
				3745.05,
				3745.06,
				3745.07,
				3750.19
Prior
				Effective Dates: 10/23/1973, 10/06/1998, 01/16/2004,
				12/20/2008
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-04 - Case file

Current through all regulations passed and filed through July 1, 2024
(A)
			 The commission shall maintain a case file of all cases pending before it other
			 than cases appealed to the court of appeals.
(B) When a notice of appeal is filed with the
			 commission:
(1) The secretary shall assign a
			 case number to the appeal;
(2)
			 Cases shall be numbered sequentially as filed;
(3) The secretary shall create a case file
			 for filings relating to the case.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-05 - Registry

Current through all regulations passed and filed through July 1, 2024
The commission shall maintain a current registry that shall
				include entries of all appeals filed, hearings pending, any final
				order of the
				commission thereon, and the dates on which such filings, hearings, and
				final orders occurred.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.02,
				3745.03,
				3745.04,
				3745.05,
				3745.06,
				3745.07,
				3750.19
Prior
				Effective Dates: 08/24/1973, 10/06/1998, 12/20/2008,
				12/30/2013
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-06 - Trade secrets

Current through all regulations passed and filed through July 1, 2024
(A) Any material that has
			 been designated as a trade secret
								by the director
			 shall be treated  as
			 confidential by the commission.
(B)
								The commission, on motion by
			 any party
			 or intervenor, may protect trade
			 secret information as
			 confidential.
(C) In a
			 hearing, any party or intervenor who seeks to introduce records,
			 reports, or information which, if made public, would divulge methods or
			 processes entitled to protection as a trade secret, may move the commission to
			 keep such materials confidential. The party or intervenor may move the
			 commission to grant that such portions of the hearing as relate to such trade
			 secrets be closed to the public. In the absence of such a motion and the
			 granting thereof, all material in the record shall be public.
(D) Any party or
			 intervenor seeking confidential status for a trade secret shall have the
			 burden of establishing the right to such status.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.02,
				3745.03,
				3745.04,
				3745.05,
				3745.06,
				3745.07,
				3750.19
Prior
				Effective Dates: 08/24/1973, 10/06/1998, 12/20/2008, 12/30/2013,
				02/01/2019
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-07 - The secretary to the commission: duties

Current through all regulations passed and filed through July 1, 2024
(A) The commission shall appoint a secretary
			 to hold office at its pleasure. The secretary shall be an officer of the
			 commission and shall perform such duties as the commission prescribes, and
			 shall receive such compensation as the commission fixes in accordance with
			 schedules provided by law for the compensation of state employees.
(B) The secretary's principal duties and
			 responsibilities shall be:
(1) To serve as the
			 legal custodian of the commission's property, papers, and legal and public
			 records.
(2) To process and certify
			 all orders and records of the commission to the appropriate court of appeals
			 when cases are appealed.
(3) To
			 serve upon each party to an appeal a notice of all orders of the commission and
			 to make a notice in the registry of the mailing. Service on a party represented
			 by counsel shall be made on counsel.
(4) To return, upon disposition of the case,
			 the record on appeal to the governmental agency from which it was
			 received.
(5) To enter the findings
			 and orders and other acts of the commission into the journal of the
			 commission.
(6) To
			 file rules adopted by the commission.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-08 - Standards of conduct and suspension

Current through all regulations passed and filed through July 1, 2024
(A) All persons appearing before the
			 commission shall conform to the standards of ethical conduct required in
			 appearances in the courts of the state of Ohio.
(B) The commission shall have the authority,
			 for good cause stated in the record, to bar from participation in a particular
			 proceeding any person who shall refuse to comply with its directions, or who
			 shall be guilty of disorderly conduct, dilatory tactics, or contemptuous
			 language in the course of such proceedings.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-09 - Ex parte communication

Current through all regulations passed and filed through July 1, 2024
(A) In any proceeding before the commission,
			 no employee or agent of the director who performs any investigative or
			 prosecuting function in connection with the proceeding, no party in the
			 proceeding, or agent, or counsel, or anyone acting on behalf of a party, and no
			 other person who has appeared before the commission in such proceeding shall
			 communicate ex parte, directly or indirectly, with the commission or any member
			 thereof, or any employee involved in the decisional process in such
			 proceeding.
(B) In any proceeding
			 before the commission, neither the commission nor any other person involved in
			 the decisional process of such proceeding, shall communicate ex parte, directly
			 or indirectly, with any employee or agent of the director who performs any
			 investigative or prosecuting function in connection with the proceeding, with
			 any party in the proceeding, or agent, or counsel, or anyone acting on behalf
			 of a party, or with any other person who has appeared before the commission in
			 such proceeding.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-10 - Participation by state employees

Current through all regulations passed and filed through July 1, 2024
(A) In any proceeding before the commission,
			 no officer, employee, or agent of the director who appears before the
			 commission as an attorney or witness or who actively participates in the
			 preparation of evidence or argument presented by such persons, shall
			 participate or advise the commission.
(B) No party, other than the state or a local
			 governmental unit, may be represented by an attorney or other person who is at
			 the same time an employee of the state of Ohio.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-11 - Restrictions as to former employees

Current through all regulations passed and filed through July 1, 2024
Unless one year has elapsed since the termination of
				employment, no former employee shall appear before the commission as an
				attorney or other representative of any party to any proceeding or other
				matter, formal or informal:
(A) In
			 which the former employee participated personally and substantially during the
			 period of such employment; or
(B)
			 For which the former employee was officially responsible during the period of
			 such employment.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.02,
				3745.03,
				3745.04,
				3745.05,
				3745.06,
				3745.07,
				3750.19
Prior
				Effective Dates: 01/02/1973, 10/06/1998,
				12/20/2008
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-13 - Business day

Current through all regulations passed and filed through July 1, 2024
(A)
			 The commission shall be open for business Monday through Friday from 8:00 a.m.
			 until 5:00 p.m., except on legal holidays.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.02,
				3745.03,
				3745.04,
				3745.05,
				3745.06,
				3745.07,
				3750.19
Prior
				Effective Dates: 08/24/1973, 10/06/1998,
				12/20/2008
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-16 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems,
				whether manual or computer systems, that contain confidential personal
				information, the agency shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the agency are managed on a "need-to-know" basis whereby the information owner
			 determines the level of access required for an employee of the agency to
			 fulfill his/her job duties. The determination of access to confidential
			 personal information shall be approved by the employee's supervisor and the
			 information owner prior to providing the employee with access to confidential
			 personal information within a personal information system. The agency shall
			 establish procedures for determining a revision to an employee's access to
			 confidential personal information upon a change to that employee's job duties
			 including, but not limited to, transfer or termination. Whenever an employee's
			 job duties no longer require access to confidential personal information in a
			 personal information system, the employee's access to confidential personal
			 information shall be removed.
(B)
								 Individual's
			 request for a list of confidential personal information. Upon the signed
			 written request of any individual for a list of confidential personal
			 information about the individual maintained by the agency, the agency shall do
			 all of the following:
(1)
									 Verify the identity of the individual by a method that
			 provides safeguards commensurate with the risk associated with the confidential
			 personal information;
(2)
									 Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(3)
									 If all information relates to an investigation about
			 that individual, inform the individual that the agency has no confidential
			 personal information about the individual that is responsive to the
			 individual's request.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-17 - Valid reasons for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of
				division (B)(2) of section
				1347.15 of the Revised Code,
				this rule contains a list of valid reasons, directly related to the agency's
				exercise of its powers or duties, for which only employees of the agency may
				access confidential personal information (CPI) regardless of whether the
				personal information system is a manual system or computer system.
Performing the following functions
				constitute valid reasons for authorized employees of the agency to access
				confidential personal information:
(A)
								 Responding to a
			 public records request;
(B)
								 Responding to a request from an individual for the
			 list of CPI the agency maintains on that individual;
(C)
								 Administering a
			 constitutional provision or duty;
(D)
								 Administering a
			 statutory provision or duty;
(E)
								 Administering an
			 administrative rule provision or duty;
(F)
								 Complying with
			 any state or federal program requirements;
(G)
								 Processing or
			 payment of claims or otherwise administering a program with individual
			 participants or beneficiaries;
(H)
								 Auditing
			 purposes;
(I)
								 Licensure or eligibility for examination
			 purposes;
(J)
								 Investigation or law enforcement purposes;
(K)
								
			 Administrative hearings;
(L)
								 Litigation, complying with an order of the court, or
			 subpoena;
(M)
								 Monitoring of disciplinary cases and/or impairment
			 program;
(N)
								 Human resource matters (e.g. hiring, promotion,
			 demotion, discharge, salary/compensation issues, leave requests/issues, time
			 card approvals/issues);
(O)
								 Complying with an executive order or policy;
(P)
								
			 Complying with an agency policy or a state administrative policy issued by the
			 department of administrative services, the office of budget and management or
			 other similar state agency; or
(Q)
								 Complying with a
			 collective bargaining agreement provision.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				1347.15
Prior Effective Dates:
				08/28/2010
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-3 - Internal Regulations › Section 3746-3-18 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following federal statute makes personal information
				maintained by the agency confidential and identifies the confidential personal
				information within the scope of rules promulgated by this agency in accordance
				with section 1347.15 of the Revised
				Code:
Social security numbers:
				5
				U.S.C. 552 a(2010), unless the
				individual was told that the number would be disclosed.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				1347.15
Prior Effective Dates: 08/28/2010,
				12/30/2013
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-01 - Parties to an appeal

Current through all regulations passed and filed through July 1, 2024
(A) Any person who was a party to a
			 proceeding in which the resulting action is appealable to the environmental
			 review appeals commission, or who was aggrieved
			 or adversely affected by an action that was not preceded by a proposed
			 action, may appeal to the commission for an order
			 vacating or modifying the action.
(B) The environmental review appeals
			 commission has exclusive original jurisdiction over any matter that may be
			 brought before it.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3745.07,
				3750.19
Prior
				Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009,
				05/30/2014
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-02 - Denomination of parties

Current through all regulations passed and filed through July 1, 2024
A person appealing to the commission shall be known as
				the appellant and a party substantially supporting the finding from
				which the appeal is taken shall be known as the appellee.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3745.07,
				3750.19
Prior
				Effective Dates: 01/02/1973, 03/09/1999, 05/27/2004, 06/21/2009,
				05/30/2014
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-03 - Filing the notice of appeal

Current through all regulations passed and filed through July 1, 2024
Appeals filed pursuant to section
				3745.04 or
				3750.19 of the Revised Code
				shall be filed with the commission within thirty days after the notice of the
				action being appealed. Appeals filed pursuant to section
				3745.07 of the Revised Code
				shall be filed with the commission within thirty days of the issuance, denial,
				modification, revocation, or renewal being appealed. All appeals shall be
				delivered, sent by mail
				,
				or electronic mail. The commission shall not accept filings of new
				notices of appeals via facsimile . Appellant shall service notice of the filing upon the
				appellee within three days after the appeal is filed with the commission. The
				 filing
				fee of seventy dollars, which the commission may reduce if the appellant
				demonstrates, by affidavit, that payment of the full amount of the fee would
				cause extreme hardship shall be sent by mail. In
				the event the required filing fee is not submitted to the commission within
				five days of the filing of the notice of appeal, the commission may dismiss the
				appeal for failure to comply with section
				3745.04 of the Revised
				Code.
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3745.07,
				3750.19
Prior
				Effective Dates: 08/24/1973, 03/09/1999, 04/23/2002, 01/16/2004, 06/21/2009,
				05/30/2014, 01/01/2018, 04/15/2020 (Emer.),
				08/14/2020
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-04 - Contents of the notice of appeal

Current through all regulations passed and filed through July 1, 2024
(A)
								The notice of
			 appeal shall be in writing and shall set forth the name, address and telephone
			 number of the appellant and shall include, or be accompanied by, a copy of the
			 action being appealed.
(B)
								The notice of appeal shall contain the assignments of
			 error to be presented for review and the relief sought on appeal.
Replaces: 3746-5-07
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3745.07,
				3750.19
Prior
				Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-05 - Notice of appeal - Effect of failure to comply with statute

Current through all regulations passed and filed through July 1, 2024
Failure to comply with the appeal provisions of Chapter 3745.
				of the Revised Code governing appeals to the commission shall be sufficient
				basis for dismissing the appeal.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-06 - Amendment of notice of appeal

Current through all regulations passed and filed through July 1, 2024
(A)
								Upon motion by
			 appellant, the commission may allow the amendment of an appeal.
(B)
								The commission
			 may order the filing of an amended notice of appeal.
(C)
								Copies of any
			 amended notice of appeal shall be served upon all parties and filed with the
			 commission.
Replaces: 3746-5-10
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.05,
				3745.05,
				3750.19
Prior
				Effective Dates: 08/24/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-07 - Joinder

Current through all regulations passed and filed through July 1, 2024
(A)
								In filing an appeal with the commission, the appellant
			 shall name as an appellee any person or persons necessary for the just
			 adjudication of the appeal.
(B)
								If, after filing
			 a notice of appeal, an appellant wishes to join a person as an appellee,
			 appellant shall file a motion with the commission requesting permission to join
			 such person. The motion shall set forth in detail the reasons the person should
			 be joined as an appellee. Such motion shall be served on all parties to the
			 appeal. In no event shall a person, which any party has moved to be joined, be
			 served with notice of such joinder less than fifteen days prior to the hearing
			 before the commission.
(C)
								If the appellant has failed to join any person whom the
			 commission determines to be necessary to the resolution of the appeal, the
			 commission may sua sponte order the joinder of said person.
Replaces: 3746-5-03
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 08/24/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-08 - Intervention

Current through all regulations passed and filed through July 1, 2024
(A)
								Intervention is discretionary and subject to such terms
			 and conditions as the commission may prescribe. The commission may grant a
			 motion to intervene and designate the intervenor as a party to such an extent
			 and upon such terms as the commission shall deem appropriate for the
			 disposition of the appeal.
(B)
								A motion to
			 intervene must set forth the interest of the movant in the proceeding and
			 demonstrate all of the following:
(1)
									The movant's participation will assist in the
			 determination of the issues in question;
(2)
									The intervention
			 will not unnecessarily delay the proceeding;
(3)
									The position of
			 the movant is substantially supporting or not supporting the action or lack of
			 action in the proceeding from which the appeal has been taken so that the
			 commission may designate the movant as an appellant or an appellee;
			 and
(4)
									The reasons why the movant could not have earlier
			 become a party.
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-09 - Consolidation of proceedings

Current through all regulations passed and filed through July 1, 2024
(A)
								Where two or more
			 persons filing an appeal have common interests such as to make joinder
			 practicable, they may file a joint notice of appeal, or they may file a motion
			 to consolidate the appeals after separate timely notices of appeal have been
			 filed. Appeals may be consolidated by order of the commission upon its own
			 motion, or on the motion of any party. If the commission orders consolidation
			 of the appeals, the appeals will thereafter proceed as a single
			 case.
(B)
								Where the director has consolidated verified complaints
			 under section 3745.08 of the Revised Code, the
			 commission, for good cause shown, may order the complaints separated for
			 independent proceedings before the commission.
Replaces: 3746-5-26
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 01/02/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-10 - Substitution of parties

Current through all regulations passed and filed through July 1, 2024
Any person may motion the commission to
				substitute any party for good cause shown.
Replaces: 3746-5-27
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 01/02/1973, 03/09/1999, 05/27/2004, 05/30/2014, 07/20/2015,
				01/01/2018
Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-5 - General Appellate Procedure › Section 3746-5-11 - Answer to the notice of appeal

Current through all regulations passed and filed through July 1, 2024
(A)
								An appellee shall
			 file a notice of appearance and an answer with the commission within seven days
			 of receipt of the notice of appeal.
(B)
								The answer of the
			 appellee shall respond to each assignment of error by indicating that it is
			 admitted, denied, or that the appellee is without knowledge or information
			 sufficient to form a belief as to the truth of an averment as contained within
			 an assignment of error.
Replaces: 3746-5-08
Five Year Review (FYR) Dates:
				4/21/2022 and
				04/21/2027
Promulgated
				Under:
				111.15
Statutory Authority:
				3745.03
Rule Amplifies:
				3745.03,
				3745.04,
				3745.05,
				3750.19
Prior
				Effective Dates: 03/15/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014,
				01/01/2018