4906-5-02 Letter of notification and construction notice application requirements: form, content, and processing.

(A) A letter of notification shall be submitted for those projects listed under "letter of notification application (BLN) required" in appendix A or B of rule 4906-1-01 of the Administrative Code, or where otherwise directed by the board or its representatives. If a project falls under the requirements of both a"letter of notification application (BLN) required" and a "construction notice application (BNR) required" in appendix A or B to rule 4906-1-01 of the Administrative Code, a letter of notification application shall be filed.

(1) A letter of notification shall be filed not less than sixty-three days before planned commencement of construction. A letter of notification for which the applicant requests expedited processing shall be filed not less than twenty-eight days before planned commencement of construction. For good cause shown, such sixty-three or twenty-eight day time period may be waived by the board, its executive director, or an administrative law judge.

(2) The information contained within the letter of notification shall contain the information requested by rule 4906-11-01 of the Administrative Code.

(3) If the board does not act upon a letter of notification or any waiver requests filed with it within sixty-three days of the filing date, the letter of notification and/or waiver requests shall be deemed automatically approved, subject to any conditions contained in the board's staff report, on the sixty-fourth day after the filing date. If the board does not act upon an expedited letter of notification or any waiver requests filed with it within twenty-eight days of the filing date, the expedited letter of notification and/or waiver requests shall be deemed automatically approved, subject to any conditions contained in the board's staff report, on the twenty-ninth day after the filing date. Upon good cause, the board, its executive director, or an administrative law judge assigned by the board may suspend consideration of a letter of notification for up to ninety days. At the expiration of such time period, the letter of notification shall be deemed automatically approved unless the board, its executive director or the administrative law judge orders otherwise during the suspension period. If the board, its executive director, or an administrative law judge assigned by the board acts to suspend a letter of notification, the board, its executive director, or an administrative law judge will:

(a) Docket its decision and notify the applicant of the reasons for such suspension and may direct the applicant to furnish any additional information as the board, its executive director, or the administrative law judge deems necessary to evaluate the letter of notification.

(b) If no time period is specified, act to approve or deny the letter of notification within ninety days from the date that the letter of notification was suspended.

(c) At its discretion, set the matter for hearing.

(4) Applicants who file letters of notification with the board may commence construction of projects reported in such letters upon the approval by the board. If a continuous course of construction has not commenced within two years of the letter of notification approval date, the board's approval of the letter of notification project shall automatically expire. After the expiration of the board's approval, the applicant must submit the project for approval under the board's rules that exist at that time to commence construction.

(5) Applicants shall file a notice with the board at least seven days in advance of beginning construction of the involved letter of notification project if construction will begin on a different date from that contained in the application.

(6) Applicants shall file a notice with the board within seven days following completion of the involved letter of notification project.

(B) A construction notice shall be submitted to the board for any project listed under "construction notice application (BNR) required" in appendix A or B to rule 4906-1-01 of the Administrative Code, or where otherwise directed by the board or its representatives. If a project falls under the requirements of both a"letter of notification application (BLN) required" and a "construction notice application (BNR) required" in appendix A or B to rule 4906-1-01 of the Administrative Code, a letter of notification application shall be filed.

(1) A construction notice shall be filed not less than forty-two days before planned commencement of construction. A construction notice for which the applicant requests expedited processing shall be filed not less than twenty-one days before planned commencement of construction. For good cause shown, such forty-two or twenty-one day time period may be waived by the board, its executive director, or an administrative law judge.

(2) The information contained within the construction notice shall include the information requested by rule 4906-11-02 of the Administrative Code.

(3) If the board does not act upon a construction notice or any waiver requests filed with it within forty-two days of the filing date, the construction notice and/or waiver requests shall be deemed automatically approved, subject to any conditions contained in the board's staff report, on the forty-third day after the filing date. If the board does not act upon an expedited construction notice or any waiver requests filed with it within twenty-one days of the filing date, the expedited construction notice and/or waiver requests shall be deemed automatically approved, subject to any conditions contained in the board's staff report, on the twenty-second day after the filing date. Upon good cause, the board, its executive director, or an administrative law judge assigned by the board may suspend consideration of a construction notice for up to sixty days. At the expiration of such time period, the construction notice shall be deemed automatically approved unless the board, its executive director, or the administrative law judge orders otherwise during the suspension period. If the board, its executive director, or an administrative law judge assigned by the board acts to suspend a construction notice, the board, its executive director, or an administrative law judge will:

(a) Docket its decision and notify the applicant of the reasons for such suspension and may direct the applicant to furnish any additional information as the board, its executive director, or the administrative law judge deems necessary to evaluate the construction notice.

(b) If no time period is specified, act to approve or deny the construction notice within sixty days from the date that the construction notice was suspended.

(c) At its discretion, set the matter for hearing.

(4) Applicants who file construction notices with the board may begin construction of projects reported in the construction notices upon the approval by the board. If a continuous course of construction has not commenced within two years of the construction notice approval date, the board's approval of the construction notice project shall automatically expire. After the expiration of the board's approval, the applicant must submit the project for approval under the board's rules that exist at that time to commence construction.

(5) Applicants shall file a notice with the board at least seven days in advance of beginning construction of the involved construction notice project if construction will begin on a different date from that contained in the application.

(6) Applicants shall file a notice with the board within seven days following completion of the involved construction notice project.

Effective: 01/25/2009
R.C. 119.032 review dates: 11/10/2008 and 11/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.02 , 4906.03 , 4906.06 , 4906.10
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03