Ohio Admin. Code 901:10-6-02 - Contents of public notices
(A) Applicability. This rule applies to
public notices for the issuance of or proposed actions to deny, suspend,
modify, or revoke permits to install, permits to operate, and NPDES permits.
This rule applies to the issuance of final orders pursuant to section
903.17 of the Revised Code. In
addition, this rule applies to public notices for the receipt of applications
for NPDES permits including notification of the public of an applicable
antidegradation review under section
6111.12 of the Revised Code.
Public notices shall include the following information:
(1) The name, address and telephone number of
the office of the Ohio department of agriculture where department files and
records pertaining to the proposed action or issuance are located and may be
inspected and copied and instructions for persons desiring to obtain additional
information, including the NPDES mailing list provided for in rule
901:10-6-05 of the
Administrative Code.
(2) The name
and address of the applicant.
(3) A
brief description of the applicant's activities or operations.
(4) The location of the facility and a short
description of any discharge indicating whether any discharge is a new or an
existing discharge.
(5) A concise
statement of the draft permit or the proposed action.
(6) A statement:
(a) That any interested person may submit a
written comment on the draft permit and may request a public meeting within
thirty days of appearance of public notice in a newspaper in the affected
county. A request for a public meeting shall be in writing and shall state the
nature of the issues proposed to be raised in the public meeting; and
(b) The any person has a right to provide a
written or oral statement for the record at the public meeting if a meeting is
scheduled; and
(c) That one public
meeting shall be held prior to issuance of any final permit decision when
required by paragraph (C) of rule
901:10-6-04 and may be held
where authorized by paragraph (D) of rule
901:10-6-01 of the
Administrative Code.
(7)
In addition, if the public notice is for an NPDES permit application or a draft
permit on an NPDES permit the public notice shall contain the following
information:
For a NPDES permit and permit to install application subject to an antidegradation review:
(a) A
statement summarizing the receipt of an application for an NPDES permit where
an antidegradation review is required;
(b) The date of issuance of the draft
permit;
(c) A statement on the
applicability of an antidegradation review in section
6111.12 of the Revised Code to
indicate whether waivers or exclusions of the policy apply or to indicate an
evaluation of issues related to lower water quality.
(d) A statement that the draft permit shall
become final on an effective date or event specified therein, unless:
(i) A public meeting is requested;
(ii) The director amends or withdraws the
draft permit; or
(iii) The draft
NPDES permit has been disapproved by the United States environmental protection
agency in accordance with rule
901:10-3-06 of the
Administrative Code; and
(e) A statement on the applicability of any
of the requirements determined by the director in accordance with paragraph
(D)(2) of rule
901:10-3-01 of the
Administrative Code.
(B) Notice of NPDES permit applications to
government agencies. The notice required by paragraph (A) of rule
901:10-6-01 of the
Administrative Code to be given to state and governmental agencies shall
include:
(1) The information required in this
rule and may include a copy of such public notices.
(2) A statement that:
(a) An affected state or agency, unless
covered by paragraph (B)(2)(b) of this rule, may submit written recommendations
to the director and to the regional administrator of the United States
environmental protection agency which the director may incorporate into the
NPDES permit if issued, and that if the recommendation of the state or agency
is not incorporated in the final permit, a written explanation of the
director's reasons for not accepting the recommendation will be provided for
that state or agency and the regional administrator of the United States
environmental protection agency; and
(b) If an army corps of engineers district
engineer submits written recommendations to the director advising that
anchorage and navigation of any of the waters of the United States would be
substantially impaired by the granting of the NPDES permit, the director shall
propose to deny the NPDES permit in accordance with division (F) of section
903.09 of the Revised Code, and
the applicant shall be so notified. If the army corps of engineers district
engineer advised the director that imposing specified conditions upon the
permit is necessary to avoid any substantial impairment of anchorage or
navigation, then the director shall include the specified conditions in the
permit.
(3) A copy of the
fact sheet and a statement that a copy of the application for an NPDES permit
or of the draft NPDES permit, including all ancillary papers, will be provided
upon request.
(C) The
notice required by paragraph (B) of this rule shall also be given, when
applicable, to:
(1) Any agency responsible for
an areawide waste treatment management plan pursuant to division (B) of section
208 (2004) of the Federal Water Pollution Control Act.
(2) Any agency responsible for the
preparation of a plan pursuant to an approved continuing planning process under
division (E) of section 303 (1972) of the Federal Water Pollution Control
Act.
Notes
Promulgated Under: 119.03
Statutory Authority: 903.08, 903.10
Rule Amplifies: 903.01, 903.02, 903.03, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10, 903.17
Prior Effective Dates: 07/02/2002, 09/15/2005, 01/23/2009, 06/08/2014
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