1501-2-07 Timetables for action on water diversion permit applications.

(A) If the application is for a diversion which is not subject to the provisions of section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230 42 U.S.C. 1962D-20 , the director shall issue or deny the water diversion permit within ninety days of accepting the completed application in accordance with the provisions set forth in rule 1501-2-06 of the Administrative Code, unless the director determines that the complexity of the issues requires further consideration. In that event, the director shall notify the applicant in writing of the need for an extension and of the reason therefor.

(B) If the application is for a diversion which is subject to the provisions of section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230 42 U.S.C. 1962D-20 , the director shall do one of the following:

(1) Deny the water diversion permit within ninety days of accepting the completed application in accordance with the provisions set forth in rule 1501-2-06 of the Administrative Code, without sending the application to the Great Lakes states' governors for their consideration pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C. 1962D-20 , unless the director determines that the complexity of the issues requires further consideration. In that event, the director shall notify the applicant in writing of the need for an extension and of the reason therefor.

(2) Deny the water diversion permit within ninety days of receiving notification of denial of the diversion proposal from any of the Great Lakes states' governors pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C. 1962D-20 .

(3) Approve the water diversion permit within ninety days of receiving notification of approval of the completed application from all the Great Lakes' states governors pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C. 1962D-20 , and in accordance with the provisions set forth in rule 1501-2-06 of the Administrative Code.

(C) No construction on the water diversion project shall be performed until the permit is issued by the director.

R.C. 119.032 review dates: 10/13/2005 and 10/13/2010

Promulgated Under: 111.15

Statutory Authority: R.C. 1501.31

Rule Amplifies: R.C. 1501.32

Prior Effective Dates: 11/28/85, 11/28/90, 11/28/95, 11/28/00