Chapter 3750-10 Commission Management Rules
(A) The commission will be created pursuant to section 3750.02 of the Revised Code.
The commission shall consist of members as required pursuant to division (A) of section 3750.02 of the Revised Code. The director of the environmental protection agency and the director of public safety or their designees shall serve as co-chairpersons of the commission.
(1) The initial appointments made by the governor to the commission shall provide five members with a term of two years and five members with a term of one year; thereafter terms of office of the appointed members of the commission shall each be for two years with each term ending on the same day of the same month as did the term that it succeeds. Each member shall hold office from the date of their appointment until the end of the term for which they were appointed. A member shall continue in office subsequent to the expiration date of their term until a successor takes office or until a period of sixty days has elapsed, whichever occurs first. Members of the commission may be reappointed.
(2) Vacancies shall be filled in the same manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the terms for which his predecessor was appointed shall hold office for the remainder of that term.
(3) The commission may at any time by a vote of two-thirds of all the members remove any appointed member of the commission for misfeasance, nonfeasance or malfeasance.
(4) Except for purposes of Chapters 102. and 2921. and sections 9.86 and 109.36 to 109.366 of the Revised Code, serving as appointed members of the commission does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment.
(B) The commission shall establish an executive committee consisting of members as required in division (B)(9) of section 3750.02 of the Revised Code. The commission shall delegate to the executive committee the performance of such of the commission's duties and powers under Chapter 3750. of the Revised Code as are required or authorized to be so delegated under division (B)(9) of section 3750.02 of the Revised Code. The directors of the environmental protection agency and public safty or the directors' designees shall serve as the co-chairs of the executive committee.
(C) The commission shall establish, through resolution, such committees as the commission determines necessary or convenient from time to time to implement and administer Chapter 3750. of the Revised Code. The committees may include such standing and temporary committees as necessary. Any committee may be dissolved through the adoption of a resolution by the commission.
(1) The commission shall designate two co-chairpersons for each committee, one from a state agency, and one from the committee's membership who is also an appointee of the governor.
(2) Each committee may obtain input from noncommission personnel.
(3) The committees shall meet as necessary.
(4) A committee that has met since the last regular commission meeting shall report in writing to the commission during the next regular commission meeting. The written reports of each committee shall contain a summary of the committee's activities, rather than verbatim statements or transcript.
(5) A committee may propose resolutions for the entire commission to consider.
Five Year Review (FYR) Dates: 10/07/2014 and 08/21/2019
Promulgated Under: 119.03
Statutory Authority: 3750.02
Rule Amplifies: 3750.02 , 3750.02(B)(9)
Prior Effective Dates: 7/30/90, 9/1/98
(A) The commission shall meet at least annually. Except as provided in section 121.22 of the Revised Code, or otherwise in the Revised Code, all meetings of the commission or any of its committees shall be open to the public. Meetings of the executive committee, when determining whether to issue an enforcement order or to request a civil action, civil penalty action or criminal action to enforce Chapter 3750. of the Revised Code, or an issue that meets a condition of paragraph (B) of this rule shall ordinarily be held in private unless there is a majority vote of the full membership of the commission or a majority vote of the executive committee in favor of a public meeting.
(B) The membership of the commission may hold an executive session only at a regular or special meeting of the commission for the sole purpose of considering matters enumerated in division (G) of section 121.22 of the Revised Code. If the executive committee is to determine matters enumerated under division (G) of section 121.22 of the Revised Code, the motion and vote to hold the session shall set forth which one or more of the approved matters listed in that division which are to be considered. Prior to holding an executive session at a regular or special meeting, the presiding co-chairperson of the commission shall state the commission is going to meet in executive session and state generally the purpose of the meeting and the purpose for holding an executive session as delineated in division (G) of section 121.22 of the Revised Code. The commission may hear the following matters in executive session:
(1) The appointment, employment, dismissal, discipline, promotion, demotion, or compensation of public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual pursuant to division (G)(1) of section 121.22 of the Revised Code, unless the public employee, official licensee, or regulated individual requests a public hearing;
(2) To consider the purchase or sale of property as set forth in division (G)(2) of section 121.22 of the Revised Code;
(3) Conferences with an attorney for the commission concerning disputes involving the commission that are the subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal law or rules or state statutes.
(C) The director of the Ohio EPA, and the director of public safety or their authorized designees, shall be known as the co-chairpersons of the commission, The co-chairpersons shall be the chief executive officers of the commission and shall perform all duties commonly incidental to such position. One of the co-chairpersons shall preside at all meetings. The presiding chairperson of each regularly scheduled meeting of the commission will alternate. If the co-chairperson who is scheduled to preside at a regularly scheduled meeting of the commission will be unavailable to serve as the chairperson of the meeting, the scheduled presiding chairperson will notify the other co-chairperson to preside, as soon as possible but no later than twenty four hours in advance. If neither chairperson is available, then the designee of the agency scheduled to preside shall act as the presiding chairperson. The secretary of the commission will attempt to notify the commission members as to which co-chairperson will be presiding.
(D) An executive committee shall be formed consisting of the members provided for in division (B)(9) of section 3750.02 of the Revised Code. If a quorum of the executive committee conducts a meeting, it shall thereafter advise the commission as a whole at any regular commission meeting, and propose resolutions for adoption to the commission as a whole, as necessary. The executive committee shall have any other powers as identified in paragraph (B) of rule 3750-10-01 of the Administrative Code.
(E) The commission through the Ohio EPA shall be responsible for recording the proceedings of the commission. The minutes of a regular or special meeting of the commission shall be promptly recorded and open to public inspection. The minutes of an executive session meeting need only include the general subject matter of the discussion at the executive session meeting. The minutes of all the meetings shall include the date, place and time of the meeting. Minutes of regular and special meetings shall include a record of motions made at the meeting, a vote count on all motions raised at the meeting and a summary of all business conducted at the meeting. Until such time as the commission has its own staff and office, the minutes shall be stored at the office of the Ohio EPA in Columbus in the custody of the Ohio EPA, "Community Right-to-Know" program and will be available for inspection.
(F) The commission shall use the Ohio EPA, public interest center, to disseminate public information regarding commission meetings. The Ohio EPA public interest center, shall maintain a listing of meetings scheduled to be held by the commission and its committees including the date, time, and place of all regular and special meetings. A member of the public may obtain advance notification of regular and special meetings of the commission beginning thirty days after submitting a written request to receive such notification to the Ohio EPA public interest center. The advance notification may include, but is not necessarily limited to, mailing the agenda of meetings.
(G) The commission, through the Ohio EPA, public interest center, shall give at least seventy-two hours advance notice to the news media of all regularly scheduled meetings. This notice will be accomplished by the Ohio EPA public interest center issuing a press release to its general list of newspapers and wire services including the date, time, place and agenda for the meeting and the name of a commission contact person who has knowledge of the scheduled meeting.
(H) The commission, through the Ohio EPA, public interest center, shall give at least twenty-four hours advance notice of all special meetings to any member of the news media that has requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the commission, through the Ohio EPA, public interest center, shall immediately notify the news media that have requested notification upon the scheduling of the meeting. This notice shall include the date, time, place and purpose of the meetings.
(I) At the beginning of each meeting of the commission membership, a recitation of the public notice given of that meeting shall be made. and the presiding co-chairperson or designee shall state that the meeting is open to the public.
(J) These internal rules may be supplemented by the commission through resolution adopted according to normal voting procedures.
(A) In order for the commission membership to meet as a whole, a quorum of members must be present at the meeting. The commission shall conduct a roll call of its membership to determine if a quorum is present prior to conducting any business at a meeting. A quorum consists of one-half of all presently appointed members plus one member. A statutorily authorized member of the commission or their designee must be present in person at a meeting open to the public to be considered present and vote at the meeting for purposes of determining whether a quorum exists. A quorum of the executive committee consists of one-half of the members plus one member.
(B) Any matters of business to be voted upon by the commission shall be in the form of a resolution or motion. Each resolution shall be submitted in writing to each member of the commission at least twenty-four hours prior to the meeting upon which said resolution is voted upon, unless a majority of the commission members present vote, in the form of an oral or written resolution, to waive the requirement of twenty-four hours prior written notice. A simple majority of the membership in attendance at any meeting must vote affirmatively for any resolution for it to be adopted by the commission. Except for the chairmen of the respective house and senate standing committees which shall be non voting members, and except when the member falls under paragraph (D) of this rule, each commission member, including the presiding chairperson, shall have one vote. Either the primary designee or in the primary designee's absence. The alternate designee from a state member agency may vote. A commission member may vote for or against a resolution or may abstain.
Each resolution shall be adopted on a vote of the commission in public unless the commission is meeting in executive session in accordance with section 121.22 of the Revised Code. Resolutions shall be numbered consecutively and if a particular resolution is rejected, that resolution number shall not be assigned to another resolution. Each resolution must state that it was passed or rejected by a majority of the members and it must be signed by the co-chairpersons of the commission or their designees. A resolution may be modified by oral motion approved by a majority of the members at a meeting of the commission.
Each statutory head of each agency appointed as a member of the commission may designate a representative and an alternate representative(s) if desired. A statutory head of an agency may designate additional or substitute representatives in the form of a letter addressed to the co-chairpersons of the commission and signed by the statutory head of the agency.
(C) Minutes of each meeting and a record of all resolutions adopted or rejected by the commission shall be recorded in the commission's journal which, until such time as the commission has its own office, shall be stored in accordance with paragraph (E) of rule 3750-10-03 of the Administrative Code.
(D) An appointed member of the commission may also serve as a member of a local emergency planning committee of an emergency planning district, except that they shall not participate as a member of the commission in the appointment of members of the committee of which they are a member, in the review of the chemical emergency response and preparedness plan submitted by the committee of which they are a member, in any vote to approve a grant to their district, or in any vote of the commission on any motion or resolution pertaining specifically to their district or the committee on which they serve. A member of the commission who is also a member of a committee may vote on resolutions of the commission that apply uniformly to all committees and districts in the state and do not provide a grant or other pecuniary benefit to their district or the committee of which they are a member.
(E) A state agency member of the commission may serve on a committee in the district in which the member resides or works. A state agency member of the commission serving on a local emergency planning committee shall not be compensated by the local emergency planning committee.
(A) The executive committee of the commission, by majority vote of a quorum of at least four members, may issue an order to any person who has violated or is violating any provision of Chapter 3750. of the Revised Code or the rules adopted hereunder.
(B) The order shall be in writing and shall set forth the section or rule violated and a description of the violation, and shall specify what action is required in order to abate the violation. An order issued under this rule shall be sent by certified mail, return receipt requested. Notice of the order shall be deemed effective when delivery is tendered at the last known address or the address currently on file with the commission, committee, or fire department for any facility owner or operator subject of the order.
(C) Any state agency represented on the commission, committee, fire department or any other person who believes that any person has violated or is violating a provision of Chapter 3750. of the Revised Code or a rule adopted hereunder may request the executive committee to issue an order to such person under this rule.
(1) The request shall be in writing and shall be on a form prescribed by the executive committee. A person submitting a request under this rule, other than the state agencies represented on the commission, shall have the form notarized.
(2) Upon receipt of a request for enforcement action under this rule from the state agencies represented on the commission, committee, fire department or other person, the executive committee may request the commission or the director of environmental protection to investigate the alleged violation, and the executive committee may thereafter issue an order under this rule.
(D) A decision of the executive committee to request an investigation by the commission or director to issue an order under this rule is not an act or action appealable to the environmental board of review under section 3750.19 of the Revised Code.
(A) Request for order from a local emergency planning committee.
(1) Any local emergency planning committee requesting the issuance of an order under division (A) of section 3750.05 of the Revised Code shall submit an application in writing to the emergency response commission. The local emergency planning committee shall include the following in the application:
(a) A certified copy of the resolution which is the subject of the application for the order.
(b) A signed statement from the local emergency planning committee stating the basis for requesting the order.
(c) Documents, sworn statements or other materials which support and address the criteria set forth in paragraph (B) of this rule.
(2) Any application for an order that fails to provide sufficient information for the emergency response commission to make the findings required by paragraph (B) of this rule shall be considered incomplete. A local emergency planning committee that submits an incomplete application shall be notified in writing of the nature of the deficiencies. No action shall be taken on an incomplete application, until the deficiencies have been addressed.
(B) Criteria for issuance of an order to a facility.
Before issuing an order, the commission shall find that due to the size of the facility, the nature of the operations performed at the facility, or the proximity of the facility to a residential area or an area where significant numbers of people work or congregate, participation in the emergency planning process under sections 3750.04 and 3750.05 of the Revised Code is necessary or appropriate to protect the public health or safety or the environment.
(C) Decision by emergency response commission.
(1) The emergency response commission shall vote to designate the emergency response commission's intent to issue an order, within one hundred twenty days of receiving the request, unless information is presented to the commission at the meeting which in the judgment of the commission requires additional review and evaluation. If the commission determines that the information presented at the meeting needs further evaluation, then the commission may approve a motion to delay a vote on intent to issue the order until the next regularly scheduled meeting.
(2) Following a vote which establishes that the commission intends to issue an order, the commission shall do the following:
(a) Mail written notice to the owner or operator of the facility by certified mail, return receipt requested of the commission's intention to approve the request and to issue the order.
(b) Notify the public, by the publication of notice in a newspaper of general circulation in the county where the facility is located, of the commission's intention to approve the request and to issue the order and that the public may submit written comments to the commission regarding approval of the request.
(3) At least forty-five days following the notification of the public and written notification of the owner or operator of the facility, the emergency response commission shall vote to issue an order, unless information is presented to the commission at the meeting which in the judgment of the commission requires additional review and evaluation. If the commission determines that the information presented at the meeting needs further evaluation, then the commission may approve a motion to delay a vote on the application for an order until the next regularly scheduled meeting.
(4) The commission shall issue an order when sixty per cent or more of the voting members of the commission vote to approve the order application.
Any person who is not a member of the commission and wishes to appear before the commission at a regular or special meeting shall advise the presiding co-chairperson or designee before the meeting convenes, using a witness slip provided for that purpose. The witness slip shall indicate the person's name and address, group represented and the subject upon which the person desires to speak. The request may be granted, refused or otherwise acted upon at the discretion of the presiding co-chairperson or designee. No person shall speak more than once on the same subject, unless granted permission by the presiding co-chairperson or designee. No presentation under this rule shall be more than ten minutes unless permission is granted by the presiding co-chairperson or designee.