Ohio Admin. Code 3745-150-11 - Phasing the environmental review
(A)
The director may conduct an environmental review in phases if the director
determines that implementation of a part or parts of the assistance proposal
prior to completing the environmental review is necessary to
either
do any of the
following:
(1) Remedy an environmental
or public health emergency as determined to exist by the director;
.
(2) Comply with state or federal enforcement
actions;
.
(3)
Realize significant cost savings;
.
(4)
Effectively coordinate the assistance proposal with other construction
activities; or
.
(5)
Prevent a disproportionate share of the Ohio water pollution control loan fund
from being used to finance any one assistance proposal or applicant in a single
year.
(B) In addition to
satisfying the requirements set forth in paragraph (A) of this rule, the
director may conduct an environmental review in phases and authorize funding of
part or parts of an assistance proposal prior to completing the environmental
review if the director determines that
the following:
(1)
For publicly-owned treatment works, such funding does not preclude more
cost-effective alternatives for the remaining parts of the disposal
system;
.
(2) An
environmental review will be completed in accordance with rule
3745-150-04 of the
Administrative Code, regardless of whether the remaining parts of the
assistance proposal will be funded through the Ohio water pollution control
loan fund;
.
(3) The
parts of the assistance proposal authorized in advance of completing an
environmental review will not cause potentially significant adverse direct,
indirect, or cumulative short-term or long-term environmental impacts,
including those which cannot be acceptably mitigated without completing the
entire disposal system, or the overall activities, of which the assistance
proposal is a part;
.
(4) The
assistance proposal is not highly controversial;
and
.
(5) The financial assistance agreement
requires the recipient to ensure the disposal system, or the overall
activities, of which the phased portion is a part, will be operational and will
comply with the requirements of its discharge permit, if any, according to a
schedule specified in the financial assistance agreement, regardless of whether
Ohio water pollution control loan fund financing is available for remaining
phases and segments.
(C)
Remaining phases of the assistance proposal will be subject to the
environmental review procedures as contained in this chapter.
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.036
Rule Amplifies: 6111.036
Prior Effective Dates: 12/21/2006, 02/20/2012
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) The director may conduct an environmental review in phases if he the director determines that implementation of a part or parts of the assistance proposal prior to completing the environmental review is necessary to either:
(1) Remedy an environmental or public health emergency as determined to exist by the director ;
(2) Comply with state or federal enforcement actions;
(3) Realize significant cost savings;
(4) Effectively coordinate the assistance proposal with other construction activities; or
(5) Prevent a disproportionate share of the Ohio water pollution control loan fund from being used to finance any one assistance proposal or applicant in a single year.
(B) In addition to satisfying the requirements set forth in paragraph (A) of this rule, the director may conduct an environmental review in phases and authorize funding of part or parts of an assistance proposal prior to completing the environmental review if the director determines that:
(1) For publicly-owned treatment works, such funding does not preclude more cost-effective alternatives for the remaining parts of the disposal system;
(2) An environmental review will be completed in accordance with rule 3745-150-04 of the Administrative Code, regardless of whether the remaining parts of the assistance proposal will be funded through the Ohio water pollution control loan fund;
(3) The parts of the assistance proposal authorized in advance of completing an environmental review will not cause potentially significant adverse direct, indirect, or cumulative short-term or long-term environmental impacts, including those which cannot be acceptably mitigated without completing the entire disposal system, or the overall activities, of which the assistance proposal is a part;
(4) The assistance proposal is not highly controversial; and
(5) The financial assistance agreement requires the recipient to ensure the disposal system, or the overall activities, of which the phased portion is a part, will be operational and will comply with the requirements of its discharge permit, if any, according to a schedule specified in the financial assistance agreement, regardless of whether Ohio water pollution control loan fund financing is available for remaining phases and segments.
(C) Remaining phases of the assistance proposal will be subject to the environmental review procedures as contained in this chapter .
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.036
Rule Amplifies: 6111.036
Prior Effective Dates: 12/21/2006, 02/20/2012
Promulgated Under: 119.03
Statutory Authority: 6111.036
Rule Amplifies: 6111.036
Prior Effective Dates: 12/21/2006