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Ohio Laws and Rules
(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 of rule 4906-1-01 of the Administrative Code, a letter of notification application shall be filed.
(1) The letter of notification shall be filed not less than ninety days before planned commencement of construction. For good cause shown, such ninety-day time period may be waived by the board 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 waivers filed with it within forty-five days of the official filing date, the letter of notification and/or waivers shall be deemed automatically approved on the forty-sixth day after the official filing date. Upon good cause, the board or an administrative law judge assigned by the board may suspend consideration of a letter of notification. If the board or an administrative law judge assigned by the board acts to suspend a letter of notification it 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 deems necessary to evaluate the application.
(b) Act to approve or deny the application within ninety days from the date that the application 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.
(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 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 of 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 sixty days before planned commencement of construction. For good cause shown, such sixty-day time period may be waived by the board 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 waivers filed with it within thirty days of the official filing date, the construction notice and/or waivers shall be deemed automatically approved on the thirty-first day after the official filing date. Upon good cause, the board or an administrative law judge assigned by the board may suspend consideration of a construction notice. If the board or an administrative law judge assigned by the board acts to suspend a construction notice, it 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 deems necessary to evaluate the construction notice.
(b) Act to approve or deny the construction notice within ninety-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.
(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.
HISTORY: Replaces: part of rule 4906-5-03; Eff 12-27-76; 6-10-89; 8-28-98; 12-15-03
Rule promulgated under: RC 111.15
Rule authorized by: RC 4906.03
Rule amplifies: RC 4906.03, 4906.06, 4906.02, 4906.10
RC 119.032 review dates: 8/28/03, 9/30/98, 9/30/08