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Ohio Laws and Rules
(A) An application for a specific license will be approved if:
(1) The application is for a purpose authorized by Chapter 3748. of the Revised Code and the rules promulgated thereunder;
(2) The applicant is qualified by reason of training and experience to use the source material for the purpose requested in such manner as to protect health and minimize danger to life or property;
(3) The applicant's proposed equipment, facilities and procedures are adequate to protect health and minimize danger to life or property;
(4) For an application to possess and use source and byproduct material for uranium milling or for the conduct of any other activity which the department determines will significantly affect the quality of the environment, the department has concluded that the action called for is the issuance of the proposed license, along with any appropriate conditions to protect environmental values, after:
(a) Reviewing filed information;
(b) Making evaluations pursuant to rule 3701:1-40-30 of the Administrative Code; and
(c) Weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives ; and
(5) The applicant satisfies any applicable special requirements contained in rule 3701:1-44-16 of the Administrative Code.
(B) Commencement of construction prior to this conclusion in paragraph (A)(4) of this rule is grounds for denial of a license to possess and use source and byproduct material in the plant or facility. As used in this paragraph, the term "commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The term does not mean site exploration, roads necessary for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values.
Effective:
11/28/2010
R.C.
119.032 review dates:
08/23/2010 and
08/30/2015
Promulgated
Under: 119.03
Statutory
Authority:
3748.04
Rule
Amplifies:
3748.04
Prior
Effective Dates: 2/6/2006