3745-47-08 Contents of public notices.

(A) Public notices of draft or proposed actions for issuance or renewal of permits to discharge sewage, industrial wastes, or other wastes to waters of the state under division (J) of section 6111.03 of the Revised Code, shall include:

(1) The name of the agency and the address and telephone number of the facilities where agency files and records pertaining to the application are located and may be inspected and copied, and instructions for persons desiring to obtain additional information or a copy of any fact sheet prepared or of the draft or proposed permit; and instructions to persons desiring to be included on the mailing list provided for in paragraph (B) of rule 3745-47-06 of the Administrative Code.

(2) The name and address of the applicant.

(3) A brief description of the applicant’s activities or operations which result in the discharge described in the application.

(4) The location of the source or operation including the waterway to which each discharge is made, and a short description of the location of each discharge on the waterway indicating whether such discharge is a new or an existing discharge.

(5) A statement of the director’s draft or proposed action to issue or deny the permit for the discharge described in the application.

(6) A statement:

(a) That any person may submit a written statement within thirty days of appearance of public notice in a newspaper in the affected county, or such longer period as the agency may specify; and

(b) That if significant public interest is shown a public meeting may be held on a draft or proposed action prior to issuance of any final action.

(7) If the public notice is for a proposed action:

(a) The date of issuance of the proposed action;

(b) A statement of rights to object and be afforded an adjudication hearing; and

(i) An adjudication hearing is requested;

(ii) The director amends or withdraws the proposed action; or

(iii) The proposed action is disapproved by the United States environmental protection agency.

(8) If the public notice is for a draft action, a statement that the draft action shall become final on an effective date or event specified therein unless:

(a) The director withdraws or amends the draft action; or

(b) The draft action is disapproved by the United States environmental protection agency.

(B) Public notices of all public meetings and adjudication hearings relating to applications for issuance, modification or renewal of permits to discharge sewage, industrial wastes, or other wastes to waters of the state under division (J) of section 6111.03 of the Revised Code shall include:

(2) The name and address of the applicant.

(3) The location of the source or operation including the waterway to which each discharge is made and a short description of the location of each discharge on the waterway including whether such discharge is a new or an existing discharge.

(4) The identification number and date of issuance of the notice of the draft or proposed action issued pursuant to paragraph (A) of this rule.

(5) The date, time, and location of the public meeting or hearing.

(6) A concise statement of the issues raised by the party requesting the public meeting or adjudication hearing.

(7) If the notice is for an adjudication hearing, a statement that evidence may be presented by the state and the other parties to the hearing.

(8) If the notice is for a public meeting, a statement

(a) That any interested person may appear and present written or oral statements, or both, in person or by a representative, or both, and

(b) That all persons who do so may, in the discretion of the presiding officer, be questioned by other persons present, and

(c) That the purpose of the meeting is to obtain additional information that will be considered by the director prior to the director’s taking further action on the application or draft or proposed action under consideration.

(C) Public notice of verified complaints filed pursuant to section 3745.08 of the Revised Code, or complaints filed pursuant to section 6111.32 of the Revised Code, shall include to the extent known to the agency:

(1) The name of the agency and the address and telephone number of the facilities where further information may be obtained and agency files and records pertaining to the proceedings may be inspected and copied.

(2) The name and address of the party filing the complaint.

(3) The name and address of the person against whom the complaint was filed.

(4) A short description of the location of the source or operation, including for discharges to waters of the state, the waterway to which the discharge is made.

(5) A brief description of the activities or operations of the person against whom the complaint was filed as they pertain to the controversy.

(6) A statement that any person may request notice concerning further actions pursuant to the complaint, including the outcome of the proceedings.

(D) All other public notices shall include to the extent known to the agency:

(1) The name of the agency and the address and telephone number where further information may be obtained and agency files and records pertaining to the proceedings may be inspected and copied.

(2) The name and address of the person responsible for the source.

(3) The location of the source, including for discharges to waters of the state the waterway to which the discharge is made.

(4) If the notice is for a draft or proposed action a statement that any person within thirty days of appearance of public notice in a newspaper in the affected county, or such longer period as the agency may specify, may submit a written statement to the director concerning the draft or proposed action.

(5) A statement that any person may request notice concerning further actions or proceedings.

(6) If the notice is for a proposed or final action, the date of issuance.

(7) If the notice is for a proposed action, a statement of rights to object and be afforded an adjudication hearing.

(8) If the notice is for a final action, a statement of rights to appeal to the environmental board of review, if applicable.

(9) If the notice is for a draft or proposed action, a statement as to when the action will become effective as a final action.

(10) If the notice is for a draft or proposed action, a statement that any person may, within thirty days of appearance of public notice in a newspaper in the affected county, request a public meeting.

(E) Where multiple notices for several actions are mailed or published together with duplicate information, any information that is required by this rule to be contained in more than one such notice need not be repeated in each notice but may be contained in a separate document mailed or published with and referred to in each notice to which it applies.

(F) Notwithstanding any other provision in this rule, notice of a draft or proposed action to modify any action of the director shall include a statement of the draft or proposed modification together with references to the action to be modified and identification numbers of earlier notices or fact sheets relating to such action, and no additional information need be included in the notice of the draft or proposed action.

(G) All notices required by rule 3745-47-07 of the Administrative Code may be summary in form, specifying the source or facility involved, the applicant, owner, or operator, the type of action proposed, if any, and the address of the office from which further information, including the full notice, may be obtained.

Eff 7-5-73; 6-30-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC Chapter 3745.

119.032 Review Date: 5-25-03