Chapter 3750-10 | Commission Management Rules

Rule 3750-10-01 | Establishment of state emergency response commission, executive committee and committees.

• Effective: July 6, 2021
• Promulgated Under: 119.03

(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 the director's 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 preceding term. Each member shall hold office from the date of appointment until the end of the appointed term. A member shall continue in office subsequent to the expiration date of the 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 the 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 the 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 safety or the directors' designees shall serve as the co-chairs of the executive committee.

(C) Through resolution, the commission shall establish 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.

Last updated July 6, 2021 at 11:49 AM

Supplemental Information

Authorized By: 3750.02
Amplifies: 3750.02, 3750.02(B)(9)
Five Year Review Date: 3/17/2026
Prior Effective Dates: 7/30/1990, 9/1/1998, 12/25/2014

Rule 3750-10-08 | Issuance of orders to facilities.

• Effective: October 22, 2016
• Promulgated Under: 119.03

(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.

Last updated January 21, 2025 at 8:05 AM

Supplemental Information

Authorized By: 3750.02(B)(2)(g)
Amplifies: 3750.18
Five Year Review Date: 3/17/2026