Ohio Admin. Code 3745-150-11 - Phasing the environmental review
(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
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