(1) As used in this section, "policy" means a written clarification or explanation of a statute or rule that is initiated by the environmental protection agency. "Policy" does not include any educational guideline, suggestion, or case study regarding how to comply with a statute or rule or any document or guideline regarding the internal organization or operation of the agency, including matters regarding administration, personnel, or accounting.
(2) A policy does not have the force of law.
(B) Policies established by the agency shall be subject to all of the following requirements:
(1) A policy shall comply with the statutes and rules that are in existence at the time the policy is established;
(2) A policy shall not establish any new requirement;
(3) A policy shall be established only at the central office of the agency;
(4) The first page of each policy shall have printed on it the following statement in uppercase letters: "This policy does not have the force of law."
(C) Every five years the agency shall review each policy that it established prior to the effective date of this section or that it establishes after the effective date of this section and shall prepare written documentation certifying that the policy has been reviewed. The documentation is a public record under section 149.43 of the Revised Code. A policy that has not been so reviewed is void.
(D) A person may file a written complaint at any time with the director of environmental protection alleging that a policy established by the agency does not comply with the requirements established under divisions (B)(1) to (3) of this section. Not later than ninety days after receiving the complaint, the director shall review the policy and issue a determination as to whether the policy complies with those requirements. A determination issued by the director under this division is not a final action that is appealable under this chapter.
(E) The agency's proposed policies shall be advertised in its weekly review.
(F) Notwithstanding section 149.43 of the Revised Code, not later than ninety days after the effective date of this section, the agency shall compile at its central office a copy of all its policies. The copy of policies shall be kept current and made available for public inspection and copying.
Effective Date: 03-05-1996