reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-42 - Permits to Install and Plan Approvals for Water Pollution Control › Section 3745-42-02 - Applicability, exemptions and procedures

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, federal rules and federal statutory provisions referenced in this
				rule, see rule
				3745-42-01 of the
				Administrative Code.]
(A)
			 Applicability of this chapter.
(1)
									Permits to
			 install and plan approvals for disposal systems.
(a) Except as provided in paragraphs (B) to
			 (D)(3) of this rule, no person shall cause, permit or allow the installation of
			 a new disposal system or cause, permit or allow the modification of a disposal
			 system without first obtaining an individual permit to install, a general
			 permit to install or plan approval in accordance with this chapter and all
			 other applicable rules and laws.
(b) An application for a permit to install
			 for any disposal system shall include detailed plans in accordance with this
			 chapter and all other applicable rules and laws.
(c) The approval of a permit to install shall
			 constitute approval of the detailed plans for the disposal of waste and for the
			 disposal system pursuant to sections
			 6111.44 and
			 6111.45 of the Revised
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-42 - Permits to Install and Plan Approvals for Water Pollution Control › Section 3745-42-03 - Requirements for applications and engineering plans

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, federal rules and federal statutory provisions referenced in this
				rule, see rule
				3745-42-01 of the
				Administrative Code.]
(A)
			 Applications for both permits to install and plan approvals required by rule
			 3745-42-02
			 of the Administrative Code shall be made using forms prepared by Ohio EPA and
			 shall contain such information as the director deems necessary to determine
			 whether the criteria of rule
			 3745-42-04
			 of the Administrative Code are met.
(1) Any
			 of the following must be signed and certified by a professional engineer
			 licensed by the Ohio state board of registration for professional engineers and
			 surveyors:
(a)
										
										Engineering plans,
			 such as detail plans, blueprints and drawings. or specifications for
			 disposal systems including, but not limited to the
			 following:
(i) Sanitary sewer
			 extensions.
(ii)
			 Pump stations or distribution systems.
(iii)
			 Prefabricated unit installations (e.g., small sewage treatment plants).
(iv) Sewage treatment plants.
(v) Land application systems.
(vi) Holding tanks.
(vii) Mound systems.
(viii) Septic tanks and leach fields.
(ix) Drip distribution systems.
(x) Monofills (disposal sites for fly ash,
			 foundry sand or other similar industrial wastes).
(xi) Industrial or commercial treatment
			 works.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-42 - Permits to Install and Plan Approvals for Water Pollution Control › Section 3745-42-05 - Design flow and waste strength requirements for treatment works sized for one hundred thousand gallons per day or less

Current through all
			 regulations passed and filed through July 1, 2024
(A) Except as provided in paragraphs (A)(1)
			 to (A)(6) of this rule, the minimum design flows and
			 waste strengths in table A-1 of this rule shall be used to design a treatment
			 works sized for one hundred thousand gallons per day or less. The design flow
			 and the waste strength shall be based on the existing and proposed services at
			 the facility, and the justification for the proposed design flow and the
			 proposed waste strength shall be submitted with the permit to install
			 application. In addition to table A-1 of this rule, the director may also
			 consider additional relevant engineering design data, including flow monitoring
			 data, computer flow modeling data, flow equalization facilities, potential
			 impacts to upstream sewers and sampling data for waste strength
			 characterization.
[Comment: If the place to be served by a wastewater treatment
				works is not listed in table A-1 of this rule, the applicant or consultant
				should discuss the design flow with an Ohio EPA district office representative
				so that a proper flow value and waste strength can be chosen.]
(1) Flow monitoring. The director may
			 consider flow monitoring data in addition to the minimum design flow
			 requirements in table A-1 of this rule when evaluating the design of a
			 treatment works sized for one hundred thousand gallons per day or less,
			 provided that the flow monitoring data is obtainable and documented on a daily
			 basis.
(a) The flow monitoring data shall be
			 submitted with the permit to install application and shall
			 conform to either of the following:
(i) Be from the facility for which the
			 treatment works is being designed, and be representative of the range of
			 operating conditions that are expected to occur, which includes considering the
			 months, days and hours of operation.
(ii) Be
			 from a place of like kind, like usage, and located in a similar climate, and be
			 representative of the range of operating conditions that are expected to occur,
			 which includes considering the months, days and hours of operation.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-42 - Permits to Install and Plan Approvals for Water Pollution Control › Section 3745-42-06 - General permit to install

Current through all regulations passed and
			 filed through July 1, 2024
(A) General permit to install coverage.
Without receiving an application for the general permit to
				install, the director may prepare and issue a general permit to install that
				covers the installation of any of the following, within a specific geographic
				area:
(1) Oil and water
			 separators.
(2)
			 Sewer extensions.
(3) Pump
			 and treat systems for remediation of ground water.
(4) Cooling towers.
(5) Closed loop recycling systems.
(6) External fat, oil and grease
			 interceptors.
(7) Any
			 other type of disposal system, in which the director determines that a general
			 permit to install is an appropriate permitting mechanism.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-42 - Permits to Install and Plan Approvals for Water Pollution Control › Section 3745-42-07 - Best available technology for connection into sanitary sewers and centralized collection and treatment of sewage, industrial waste and other waste

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, federal rules and federal statutory provisions referenced in this
				rule, see rule
				3745-42-01 of the
				Administrative Code.]
(A)
								 Definitions.
(1)
									 "Centralized
			 collection and treatment" means a disposal system that serves more than one
			 source of sewage, industrial waste, or other waste.
(2)
									 "Larger common
			 plan of development or sale" means a contiguous area where multiple separate
			 and distinct construction activities may be taking place at different times on
			 different schedules under one plan.
[Comment: This definition was taken
				from the Ohio national pollutant discharge elimination system (NPDES) general
				permit for storm water discharges associated with construction
				activity.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-42 - Permits to Install and Plan Approvals for Water Pollution Control › Section 3745-42-11 - Holding tanks

Current through all regulations passed and
			 filed through July 1, 2024
(A) Purpose. The purpose of this rule is to
			 establish the permit to install application requirements, management plan
			 application requirements, design standards, siting restrictions and operation
			 and maintenance requirements for any holding tank.
(B) Exclusions from this rule.
			 A permit to install or management plan is
			 not required for any of
			 the following:
(1) Any portable toilet
			 that does not have a connection to a water supply.
(2) A portable unit for the storage of sewage
			 or industrial waste that meets all of the following:
(a) Is dropped off and picked up for off-site
			 recycling, treatment or disposal, including but not limited to "totes" or
			 "roll-offs".
(b) Has
			 a total sewage storage volume of five hundred gallons or less.
[Comment: Some portable units include individual storage tanks
				for the discharge from sinks and the discharge from toilets. The total additive
				volume of both tanks shall not exceed five hundred gallons.]
(3) A holding tank that is
			 regulated by rules
			 3745-55-90
			 to
			 3745-55-99
			 of the Administrative Code or rules
			 3745-66-90
			 to
			 3745-66-101
			 of the Administrative Code.
[Comment: These rules generally cover
				hazardous waste tank systems.]
(4) A holding tank that is an underground
			 storage tank and is regulated by rule
			 1301:7-9-06
			 of the Administrative Code.
[Comment: These rules generally cover
				underground petroleum storage tanks.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-42 - Permits to Install and Plan Approvals for Water Pollution Control › Section 3745-42-13 - Land application systems

Current through all regulations
			 passed and filed through July 1, 2024
[Comment: For the definitions of terms
				used in this rule, see rule
				3745-42-01 of the
				Administrative Code.]
[Comment: For dates of non-regulatory
				government publications, publications of recognized organizations and
				associations, federal rules and federal statutory provisions referenced in this
				rule, see rule
				3745-42-01 of the
				Administrative Code.]
5
(A)
			 Land application systems: purpose .
The purpose of this rule is to
				establish permit application requirements, design standards, siting
				restrictions, operation and maintenance requirements and water quality and
				monitoring frequency requirements for land application systems as part of the
				director's supervision of the installation and operation and maintenance of
				this type of sewage or liquid industrial waste disposal system. Portions of
				this rule may apply for liquid industrial wastes land applied for agronomic
				benefit. For the purposes of this rule, a liquid industrial waste agronomic
				benefit shall provide for organic or nutrient enrichment of soil for plant
				growth. The director may waive any requirement in paragraph (H), (L), or (M) of
				this rule for any land application system where the treatment works is designed
				for less than one thousand gallons per day.
(B) Land application systems:
								exclusions.
			 This rule does not apply to the following:
(1)
			 Soil absorption systems. Examples of soil absorption systems are
			 as follows:
(a) Conventional leach
			 fields.
(b) Mound
			 systems.
(c) Below grade low
			 pressure pipe distribution systems, including drip distribution systems.
(d)
			 At-grade gravity leach field dispersal systems.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-01 - Adjudication - applicability and construction of rules

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 This chapter 
								governs the procedure for all adjudication
			 proceedings and other procedures relating to adjudications pursuant to Chapter
			 119. of the Revised Code, or any other statute or rule providing for an
			 adjudication proceeding before the agency.
(B) This chapter shall be construed liberally
			 to accomplish the purposes of the chapters and sections of the Revised Code
			 governing the functions and duties of the agency, and to afford maximum
			 procedural fairness consistent with just, timely, and efficient resolution of
			 disputes.
(C) For purposes of this
			 chapter, license, permit, variance, certificate, and registration include at a
			 minimum all provisions, terms, conditions, specifications, requirements, and
			 limitations set forth in the document, appended thereto, or incorporated by
			 reference.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-02 - Adjudication - definitions

Current through all regulations passed and filed
			 through July 1, 2024
As used in this chapter:
(A)
(1)
			 "Action" means the issuance, modification, or revocation of an order; the
			 issuance, denial, renewal, modification, suspension, or revocation of a
			 license, permit, lease, variance, certificate, registration, or authorization;
			 or the approval or disapproval of plans and specifications pursuant to
			 law.
(2) "Adjudication" has the
			 same meaning as in division (D) of section
			 119.01 of the Revised
			 Code.
(3) "Adjudication hearing"
			 means an adversarial hearing during which evidence is taken for the purpose of
			 determining issues of fact and law that will be used by the hearing examiner to
			 prepare the report and recommendation and, ultimately, will be used in
			 preparing final findings and orders.
(4) "Adjudication proceeding" means the
			 entire process through which a person may seek to have a hearing
			 
									examiner consider evidence relevant to certain agency
			 actions, beginning with the activities specified in paragraph (A) of rule
			 3745-47-03 of the Administrative
			 Code and ending with the 
									issuance of a final
			 action.
(5) "Agency" means
			 the Ohio environmental protection agency.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-03 - Request for an adjudication hearing and objections

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 An adjudication proceeding shall be initiated if any  of the following occur:
(1) The person to whom the proposed action
			 was issued timely requests an adjudication hearing pursuant to sections
			 119.06 and
			 119.07 of the Revised
			 Code.
(2) An officer of an agency
			 of the state or of a political subdivision acting in a representative capacity
			 or any person who would be aggrieved or adversely affected by the issuance or
			 renewal of a permit, license, or variance timely objects to the proposed action
			 pursuant to section 3745.07 of the Revised
			 Code.
(3) A person who disputes the
			 agency's determination that the person's activities are subject to permitting
			 or licensing requirements under statutes or rules administered by the agency
			 timely requests an adjudication hearing pursuant to section
			 119.06 of the Revised
			 Code.
(4) A person timely requests
			 an adjudication hearing or objects pursuant to other applicable provisions of
			 the Revised Code.
Paragraphs (A)(1) to (A)(4) of this rule do not authorize the
				filing of objections to amended proposed actions unless the agency gave public
				notice of the amended proposed action in accordance with rule
				3745-49-08 of the Administrative
				Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-04 - Provision, service, and publishing of notice of adjudication hearings

Current through all regulations passed and filed
			 through July 1, 2024
(A)
								
								Service of notice.
(1) A notice of an adjudication hearing shall
			 be 
									served in accordance with division
			 (B) of section 119.05 of the Revised
			 Code, to the parties to the adjudication proceeding not less than thirty
			 days prior to the adjudication hearing. Service shall be completed in
			 accordance with section
			 119.07 of the Revised Code and
			 the "Ohio Rules of Civil Procedure."
(2) Notices of adjudication hearings shall
			 
									comply with sections 3745.07
			 and 3745.019 of the Revised Code
			 .
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-05 - Filing and service of documents

Current through all regulations passed and filed
			 through July 1, 2024
(A)
								
								All documents shall be 
								delivered
			 to the hearing 
								examiner for each case, even when cases have been
			 consolidated. The hearing 
								examiner shall do the following:
(1) Immediately upon initiation of an
			 adjudication proceeding, open an adjudication file and assign a docket number
			 to the proceeding.
(2) Be the
			 custodian of all adjudication files for the agency.
(3) Upon initiation of an adjudication
			 proceeding, include in the adjudication file the request for adjudication, any
			 objection, and 
									a copy of 
									the proposed action.
(4) During the pendency of the adjudication
			 proceeding carefully preserve in the adjudication file all documents delivered
			 to the hearing 
									examiner for filing
									and all hearing
			 examiner's orders, recording on all such documents the date of receipt
			 thereof in accordance with paragraph (E) of this
			 rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-06 - Authority and duties of hearing examiners

Current through all
			 regulations passed and filed through July 1, 2024
(A)
								 Adjudication
			 hearings shall be conducted before a hearing examiner.
(B)
								 Upon receiving a
			 request or objection pursuant to rule
			 3745-47-03
			 of the Administrative Code, a hearing examiner shall be assigned to the
			 case.
(C)
								 The hearing examiner shall conduct adjudication
			 hearings in such a manner as to prevent unnecessary delay, maintain order, and
			 ensure the development of a clear and adequate record.
(D)
								 The authority of
			 the hearing examiner shall include but not be limited to authority to do the
			 following:
(1)
									
			 Schedule adjudication hearings, in which consideration shall be given to the
			 following:
(a)
										
			 Providing adequate time for all parties to prepare for the adjudication
			 hearing.
(b)
										 Any request by a party relating to the time and
			 location of the adjudication hearing.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-07 - Intervention

Current through all regulations passed and filed through July 1,
			 2024
(A)
								 Any person may file a motion to intervene in an
			 adjudication proceeding conducted under this chapter. A motion shall be
			 accompanied by a memorandum setting forth the matter for which intervention is
			 sought, the grounds for proposed intervention, the position and interest of the
			 movant in the adjudication proceeding, and any other matter that the movant
			 deems relevant in light of the factors to be considered by the hearing examiner
			 listed in paragraph (D) of this rule. The movant shall serve a copy of the
			 motion upon each party as provided in rule
			 3745-47-05
			 of the Administrative Code.
(B)
								 Except as
			 provided in paragraph (C) of this rule, a motion to intervene in an
			 adjudication proceeding shall be filed prior to the commencement of the first
			 conference or not later than fifteen days prior to commencement of the
			 adjudication hearing if no conference is held.
(C)
								 Motions to
			 intervene in an adjudication proceeding filed after the time periods set forth
			 in paragraph (B) of this rule shall contain, in addition to the information
			 required by paragraph (A) of this rule, a statement of good cause for the
			 failure to timely file the motion and shall be granted only upon a finding that
			 extraordinary circumstances justify the granting of the motion.
(D)
								
			 Motions to intervene may be granted by the hearing examiner upon consideration
			 of the following factors, where relevant:
(1)
									 The nature and
			 extent of the movant's interest in the subject matter of the adjudication
			 proceeding and the degree to which the adjudication may impair or impede the
			 movant's ability to protect that interest.
(2)
									 The adequacy of
			 the representation of the movant's interest by existing parties.
(3)
									 The
			 relationship of the movant's interest to the subject matter of the adjudication
			 hearing.
(4)
									 The avoidance of duplicative adjudication
			 proceedings.
(5)
									 Whether the intervention would unduly delay or
			 prejudice the adjudication of the rights of the parties.
(6)
									 The contribution
			 the movant may make to the just determination of the issues.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-08 - Motions

Current through all regulations passed and filed through July 1,
			 2024
(A)
								 All motions, unless made before the hearing examiner
			 upon the record, shall be made in writing. A written motion shall state with
			 particularity the relief or order sought and shall be accompanied by a
			 memorandum setting forth the grounds therefor.
(B)
								 Not later than
			 ten days after service of a written motion, or such other time as fixed by the
			 hearing examiner, any party may file a response to a motion. A movant may reply
			 to the response only with the permission of the hearing examiner. Procedural
			 motions shall not cause delay of an adjudication hearing without a finding by
			 the hearing examiner that good cause for such delay exists.
(C)
								 Before deciding
			 a written motion, the hearing examiner shall consider all applicable memoranda
			 filed. The hearing examiner shall file a written decision, including any order
			 issued, and shall serve copies on all parties. The hearing examiner's ruling on
			 all oral motions shall be included in the stenographic record but the hearing
			 examiner may elect to take the motion under advisement and issue a written
			 ruling later. The hearing examiner shall include in each written decision on a
			 motion a short statement of the reasons for each ruling.
(D)
								 Motion for
			 summary disposition.
(1)
									 Any party may file a motion for summary disposition. A
			 motion for summary disposition shall be filed not later than fifteen days
			 before the date set for commencement of an adjudication hearing, unless leave
			 for filing thereafter is obtained from the hearing examiner.
(2)
									 When considering
			 such a motion, the hearing examiner shall consider the proposed action;
			 requests for adjudication hearing; objections; depositions; answers to
			 interrogatories; stipulations of fact; admissions; the response to the motion
			 and any replies to the response; affidavits accompanying the motion, response,
			 or reply; and any argument presented at an adjudication hearing on the motion.
			 If, after consideration of the foregoing, the hearing examiner determines that
			 there is no genuine issue as to any material fact and that the moving party is
			 entitled to the outcome requested as a matter of law, the hearing examiner
			 shall submit to the director a report and recommendation pursuant to rule
			 3745-47-16
			 of the Administrative Code without holding an adjudication hearing.
Replaces: Part of 3745-47-17
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-09 - Continuances

Current through all regulations passed and filed through July 1,
			 2024
(A)
								 An adjudication hearing may be continued or postponed
			 by the hearing examiner upon the hearing examiner's own motion, or upon the
			 hearing examiner's determination that the written motion of any party shows
			 good cause.
(B)
								 Before granting any continuance, the hearing examiner
			 shall consider any harm to public welfare or the environment which may result
			 from delay in the adjudication proceeding.
Replaces: Part of 3745-47-18
Five Year Review (FYR) Dates:
				10/2/2018 and
				10/02/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 6111.041,
				6111.03,
				6109.04,
				3753.02,
				3752.03,
				3751.02,
				3746.04,
				3745.01,
				3734.74,
				3734.73,
				3734.72,
				3734.71,
				3734.70,
				3734.12,
				3734.021,
				3734.02,
				3714.02,
				3704.03
Rule
				Amplifies: 119.06,
				3745.07,
				119.09,
				119.08,
				119.07
Prior
				Effective Dates: 07/05/1973, 06/30/1981,
				04/02/2012
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-10 - Conferences

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Upon written notice by the hearing examiner to all parties, the parties or the
			 parties' attorneys may be ordered to appear at a specified time and place for a
			 conference, presided over by the hearing examiner, before or during the course
			 of the adjudication hearing, to consider such matters as the hearing examiner
			 shall direct including but not limited to the following:
(1) The settlement of the adjudication
			 proceeding.
(2) The specification
			 and simplification of the questions presented.
(3) The disclosure of names, identities, and
			 location of witnesses together with a brief statement of what is proposed to be
			 established by the testimony of each.
(4) The limitation of the number of and the
			 exchange of reports of expert witnesses expected to be called by any
			 party.
(5) The submission of
			 admissions of fact.
(6) The
			 submission of stipulations as to the admissibility into evidence of documents
			 and other exhibits to avoid unnecessary proof.
(7) The exchange of documentary evidence to
			 be submitted at the adjudication hearing.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-11 - Discovery; availability of agency files

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Any party may obtain public records of the agency, pursuant to section
			 149.43 of the Revised Code and
			 rule 3745-49-03 of the Administrative
			 Code, and obtain discovery or protection from discovery in the same manner and
			 to the same extent as is prescribed in the "Ohio Rules of Civil Procedure"
			  and section
			 119.09 of the Revised
			 Code.
(B) No adjudication hearing
			 shall be continued to a date more than sixty days after initiation of the
			 adjudication proceeding for the purpose of discovery unless the hearing
			 examiner finds in writing that the party requesting the continuance diligently
			 pursued discovery but was unable to complete discovery.
(C) Parties shall cooperate in conducting
			 discovery procedures with the objective being full and complete disclosure of
			 all relevant facts. Informal consultation among parties concerning discovery
			 shall be attempted before filing of formal motions to compel
			 discovery.
(D) All costs of
			 service, mileage, witness fees, and other costs of discovery shall be borne by
			 the party requesting such discovery. Witness and mileage fees shall be the same
			 as paid in the common pleas courts of Ohio in criminal cases.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-12 - Adjudication hearing procedures

Current through all regulations passed and filed
			 through July 1, 2024
(A)
								Adjudication hearing procedures:
(1)
									A record of the
			 testimony and other evidence submitted shall be memorialized by stenographic
			 record.
(2)
									The hearing examiner shall provide the parties the
			 opportunity to make an opening statement.
(3)
									A witness at the
			 hearing shall testify under oath or affirmation which will be administered by
			 the hearing examiner.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-13 - Conclusion of adjudication proceedings

Current through all
			 regulations passed and filed through July 1, 2024
(A)
								 Withdrawal of
			 request for adjudication. A party may file a withdrawal of its objection or
			 request for an adjudication hearing at any stage of the adjudication
			 proceeding. Provided there is not another party to the adjudication proceeding
			 who wishes the adjudication proceeding to continue, not later than forty-five
			 days after the filing of a withdrawal of the objection or request for an
			 adjudication hearing, the hearing examiner shall submit to the director a
			 written report and recommendation of the action to be taken by the director.
			 This paragraph does not apply to withdrawals made as a result of settlement
			 agreement by all parties pursuant to paragraph (C) of this rule.
(B)
								
			 Failure to prosecute. Where a party fails to comply with these rules or with
			 orders of the hearing examiner, the hearing examiner may, upon motion of any
			 party or upon the hearing examiner's motion and after notice to the parties,
			 submit to the director a written report and recommendation that recommends that
			 the director dismiss the adjudication proceeding.
(C)
								 Settlement
			 agreements. If all parties agree, a settlement agreement may be entered into at
			 any stage of the adjudication proceeding prior to the issuance of a final order
			 by the director. Not later than forty-five days after the filing of a
			 settlement agreement entered into by all parties, the hearing examiner shall
			 submit to the director a written report setting forth findings of fact and
			 conclusions of law, and a recommendation of the action to be taken by the
			 director. The hearing examiner may recommend that the settlement agreement be
			 adopted as a final order.
Replaces: Part of 3745-47-13 and 3745-47-19
Five Year Review (FYR) Dates:
				10/2/2018 and
				10/02/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 6111.041,
				6111.03,
				6109.04,
				3753.02,
				3752.03,
				3751.02,
				3746.04,
				3745.01,
				3734.74,
				3734.73,
				3734.72,
				3734.71,
				3734.70,
				3734.12,
				3734.021,
				3734.02,
				3714.02,
				3704.03
Rule
				Amplifies: 19.06, 3745.07,
				119.09,
				119.08,
				119.07
Prior
				Effective Dates: 07/05/1973, 06/30/1981,
				04/02/2012
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-15 - Burden of proof - evidence

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The burden at all adjudication hearings with respect to applications for
			 permits, licenses, variances, certificates, or other authorizing actions shall
			 be upon the applicant to prove entitlement to the permit, license, variance,
			 certificate, or authorizing action.
(B) Except as provided in paragraph (A) of
			 this rule, the agency 
								bears the burden of proof at all adjudication
			 hearings relating to the following:
(1)
			 Proposed modifications initiated by the agency.
(2) Proposed revocations.
(3) Proposed orders.
(4) Findings under division (B) of section
			 3714.12, division (B) of section
			 3734.13, division (C) of section
			 3745.08, division (B) of section
			 6109.05, section
			 6109.14, or division (C) of
			 section 6111.06 of the Revised
			 Code.
(5) Notice of the hearing
			 under division (B) of section
			 3714.12, division (B) of section
			 3734.13, division (C) of section
			 3745.08, division (B) of section
			 6109.05, section
			 6109.14, or division (C) of
			 section 6111.06 of the Revised
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-17 - Record

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 After the initiation of an adjudication proceeding, a record of the
			 adjudication proceeding shall be maintained at the expense of the agency. Such
			 record shall include the following pertaining to the adjudication proceeding:
(1) The adjudication file
			 maintained pursuant to rule
			 3745-47-05 of the Administrative
			 Code.
(2) Any stenographic
			 record as defined in paragraph (S) of rule
			 3745-47-02 of the Administrative
			 Code.
(3) Copies of public
			 notices.
(4) The fact sheet,
			 where the agency is required to prepare one.
(5) The record of a
			 public meeting.
(6) Any comments
			 submitted pursuant to paragraph (D) of rule
			 3745-49-05 of the Administrative
			 Code.
(7) The report of the
			 presiding officer if a public meeting was held, and written orders or rulings
			 of the hearing examiner.
(8)
									Any written statement of objection to the report and
			 recommendation of the hearing examiner pursuant to paragraph (C) of rule
			 3745-47-16 of the Administrative
			 Code.
(9)
									Any request for an extension of time to submit written
			 statements of objection to the report and recommendation of the hearing
			 examiner pursuant to paragraph (C) of rule
			 3745-47-16 of the Administrative
			 Code.
(10) Any further
			 documentary evidence and additional testimony, if any, permitted by the
			 director, pursuant to paragraph (D) of rule
			 3745-47-16 of the Administrative
			 Code, after the filing of the hearing examiner's report and
			 recommendation.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-19 - Emergency orders

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 When the director has determined that an emergency exists and has ordered that
			 such action be taken as is necessary to meet the emergency pursuant to division
			 (B) of section 3714.12, division (B) of section
			 3734.13, division (B) of section
			 6109.05, or division (C) of
			 section 6111.06 of the Revised Code, any
			 person to whom such order is directed may request an adjudication hearing.
			 Notwithstanding a request for an adjudication hearing, emergency orders shall
			 be effective immediately. Immediately upon receipt of such request, the
			  hearing examiner
			  shall convene an adjudication hearing
			 within 
								the applicable time period specified in division (B) of
			 section 3714.12, division (B) of section
			 3734.13, division (B) of section
			 6109.05, or division (C) of
			 section 6111.06 of the Revised
			 Code to consider the issues raised by the adjudication hearing request.
			  The director shall give priority to consideration of the
			 hearing examiner's report and recommendation and shall not await written
			 objections of the parties before issuing a decision. To the extent that other
			 rules of this chapter conflict with this rule or would cause delay in an
			 emergency adjudication hearing, the other rules shall not be applicable to
			 adjudication proceedings under this rule.
(B) Proceedings pursuant to the declaration
			 of an air pollution emergency under section
			 3704.032 of the Revised Code
			 shall not be subject to this chapter.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-47 - Procedural Rules › Section 3745-47-20 - Rules of ethics

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Ex parte communications.
(1) No party to an
			 adjudication proceeding shall engage in or encourage other persons to engage in
			 ex parte communications with the hearing examiner about any matter that is the
			 subject of the adjudication proceeding. The hearing examiner shall not
			 entertain such communications.
(2)
			 No persons identified in paragraphs (P)(1)(b) to (P)(1)(e) of rule
			 3745-47-02 of the Administrative
			 Code shall engage in or encourage other persons to engage in ex parte
			 communications with the director, the assistant director, or the deputy
			 directors about any matter that is the subject of the adjudication proceeding.
			 The director, the assistant director, and the deputy directors shall not
			 entertain such communications during the pendency of
			 the adjudication process.
(3)
			 The director, the assistant director, the deputy directors, and the hearing
			 examiner may participate in conferences or any other discussions in which all
			 the parties have a right to participate.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-48 - Accessing Confidential Personal Information › Section 3745-48-02 - 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 the employee's 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
			 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.
(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 3745 - Ohio Environmental Protection Agency › Chapter 3745-48 - Accessing Confidential Personal Information › Section 3745-48-03 - 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 exercise of
				the agency's powers or duties, for which only employees of the agency may
				access confidential personal information 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 confidential personal information
			 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, permit, registration, or
			 certification processes.
(J)
			 Investigation or law enforcement purposes.
(K) Administrative hearings.
(L) Litigation, complying with an order of
			 the court, or subpoena.
(M) Human
			 resource matters (e.g., hiring, promotion, demotion, discharge,
			 salary/compensation issues, leave requests/issues, time card
			 approvals/issues).
(N) Complying
			 with an executive order or policy.
(O) 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.
(P) Complying with a
			 collective bargaining agreement provision.
Five Year Review (FYR) Dates:
				1/25/2022 and
				01/25/2027
Promulgated
				Under:
				119.03
Statutory Authority:
				1347.15
Rule Amplifies:
				1347.15
Prior Effective Dates: 09/10/2010,
				02/15/2016
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-48 - Accessing Confidential Personal Information › Section 3745-48-04 - Confidentiality statutes

Current through all regulations passed and
			 filed through July 1, 2024
The following federal statutes or regulations or state statutes
				and administrative rules make personal information maintained by the agency
				confidential and identify the confidential personal information within this
				chapter:
(A) Social security numbers
			 pursuant to 5 U.S.C. 522a., unless the individual was told that the number
			 would be disclosed.
(B) Bureau of
			 criminal investigation and information criminal records check results pursuant
			 to section 4776.04 of the Revised
			 Code.
(C) Medical records pursuant
			 to division (A) of section
			 149.43 of the Revised
			 Code.
(D) Any other personal
			 information that is considered confidential pursuant to section
			 149.43 of the Revised Code.
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see the "Incorporation by
				Reference" section in paragraph (B) of rule
				3745-48-01
				of the Administrative Code.]
Five Year Review (FYR) Dates:
				1/25/2022 and
				01/25/2027
Promulgated
				Under:
				119.03
Statutory Authority:
				1347.15
Rule Amplifies:
				1347.15
Prior Effective Dates: 09/10/2010,
				02/15/2016
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-01 - Administrative procedures - applicability and construction of rules

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 This chapter governs public notices, public meetings, public
			 records, trade secret claims, verified complaints, and other administrative
			 functions performed by the agency.
(B) This chapter shall be construed liberally
			 to accomplish the purposes of the chapters of the Revised Code governing the
			 functions and duties of the agency, and to afford maximum public involvement in
			 the agency's efforts to protect public health, safety, and the
			 environment.
(C) For purposes of
			 this chapter, license, permit, variance, certificate, registration, and
			 authorization include at a minimum all provisions, terms, conditions,
			 specifications, requirements, and limitations set forth in the document,
			 appended thereto, or incorporated by reference.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-02 - Administrative procedures - definitions

Current through all regulations passed and filed
			 through July 1, 2024
As used in this chapter:
(A)
(1)
			 "Action" means the issuance, modification, or revocation of an order; the
			 issuance, denial, renewal, modification, suspension, or revocation of a
			 license, permit, lease, variance, certificate, registration, or authorization;
			 or the approval or disapproval of plans and specifications pursuant to
			 law.
(2) "Agency" means the Ohio
			 environmental protection agency.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-03 - Trade secrets

Current through all regulations passed and filed
			 through July 1, 2024
(A)
								A trade secret claim shall be submitted to the agency
			 simultaneously with submission of the specific information claimed to
			 constitute a trade secret, and such request shall be accompanied by sufficient
			 supporting documentation. If a claimant does not submit the documentation and
			 substantiation in accordance with paragraph (B) of this rule within a resonable
			 time after the submission of the information claimed to constitute a trade
			 secret, the submission shall be considered a public record of the
			 agency.
(B)
								In order to constitute a valid trade secret claim
			 regarding a submission, the claimant shall, at the time of the submission,
			 provide the following to the director:
(1)
									An unredacted
			 copy of the submission, identified as such, with each page numbered
			 consecutively from beginning to end.
(2)
									A proposed public
			 copy of the submission, identified as such, with each page numbered
			 consecutively from beginning to end.
(3)
									With respect to
			 each item of information claimed to be a trade secret, a statement that
			 describes each item and identifies the location of each item in the
			 submission.
(4)
									A sworn or affirmed statement of reasons, including the
			 factual basis thereof, as to why each item of information redacted from the
			 proposed public copy meets the definition of trade secret, as defined in
			 division (D) of section
			 1333.61 of the Revised
			 Code.