Ohio Administrative Code

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-42-01 of the Administrative Code.](A) Criteria for decision by the direc…

(A) Except as provided in paragraphs (A)(1) to (A)(6) of this rule, the minimum design flows and waste strengths in table A-1 of this rule shall be used to design a treatment works sized for one hundred thousand gallons per day or less and the determined design flows and waste st…

(A) General permit to install coverage.Without receiving an application for the general permit to install, the director may prepare and issue a general permit to install that covers the installation of any of the following, within a specific geographic area:(1) Oil and water sepa…

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-42-01 of the Administrative Code.](A) Definitions.(1) "Centralized colle…

(A) Isolation distances. Except as provided in paragraphs (B) to (E) of this rule, the minimum isolation distances in table A-1 of this rule shall be maintained.[Comment: In case of reference to any building, the measurement is to be taken from the outside wall of the building. I…

(A) Purpose. The purpose of this rule is to establish the permit to install application requirements, management plan application requirements, design standards, siting restrictions and operation and maintenance requirements for any holding tank.(B) Exclusions from this rule. The…

[Comment: For the definitions of terms used in this rule, see rule 3745-42-01 of the Administrative Code.][Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions refer…

(A) This chapter governs the procedure for all adjudication proceedings and other procedures relating to adjudications pursuant to Chapter 119. of the Revised Code, or any other statute or rule providing for an adjudication proceeding before the agency.(B) This chapter shall be c…

As used in this chapter:(A) (1) "Action" means the issuance, modification, or revocation of an order; the issuance, denial, renewal, modification, suspension, or revocation of a license, permit, lease, variance, certificate, registration, or authorization; or the approval or disa…

(A) An adjudication proceeding shall be initiated if any of the following occur:(1) The person to whom the proposed action was issued timely requests an adjudication hearing pursuant to sections 119.06 and 119.07 of the Revised Code.(2) An officer of an agency of the state or of …

(A) Service of notice.(1) A notice of an adjudication hearing shall be served in accordance with division (B) of section 119.05 of the Revised Code, to the parties to the adjudication proceeding not less than thirty days prior to the adjudication hearing. Service shall be complet…

(A) All documents shall be delivered to the hearing examiner for each case, even when cases have been consolidated. The hearing examiner shall do the following:(1) Immediately upon initiation of an adjudication proceeding, open an adjudication file and assign a docket number to t…

(A) Adjudication hearings shall be conducted before a hearing examiner.(B) Upon receiving a request or objection pursuant to rule 3745-47-03 of the Administrative Code, a hearing examiner shall be assigned to the case.(C) The hearing examiner shall conduct adjudication hearings i…

(A) Any person may file a motion to intervene in an adjudication proceeding conducted under this chapter. A motion shall be accompanied by a memorandum setting forth the matter for which intervention is sought, the grounds for proposed intervention, the position and interest of t…

(A) All motions, unless made before the hearing examiner upon the record, shall be made in writing. A written motion shall state with particularity the relief or order sought and shall be accompanied by a memorandum setting forth the grounds therefor.(B) Not later than ten days a…

(A) An adjudication hearing may be continued or postponed by the hearing examiner upon the hearing examiner's own motion, or upon the hearing examiner's determination that the written motion of any party shows good cause.(B) Before granting any continuance, the hearing examiner s…

(A) Upon written notice by the hearing examiner to all parties, the parties or the parties' attorneys may be ordered to appear at a specified time and place for a conference, presided over by the hearing examiner, before or during the course of the adjudication hearing, to consid…

(A) Any party may obtain public records of the agency, pursuant to section 149.43 of the Revised Code and rule 3745-49-03 of the Administrative Code, and obtain discovery or protection from discovery in the same manner and to the same extent as is prescribed in the "Ohio Rules of…

(A) Adjudication hearing procedures:(1) A record of the testimony and other evidence submitted shall be memorialized by stenographic record.(2) The hearing examiner shall provide the parties the opportunity to make an opening statement.(3) A witness at the hearing shall testify u…

(A) Withdrawal of request for adjudication. A party may file a withdrawal of its objection or request for an adjudication hearing at any stage of the adjudication proceeding. Provided there is not another party to the adjudication proceeding who wishes the adjudication proceeding…

(A) The burden at all adjudication hearings with respect to applications for permits, licenses, variances, certificates, or other authorizing actions shall be upon the applicant to prove entitlement to the permit, license, variance, certificate, or authorizing action.(B) Except a…

(A) Except as otherwise provided in this paragraph, not later than forty-five days after receipt of the stenographic record of an adjudication hearing, and upon due consideration of the record, the hearing examiner shall file a report and recommendation and shall submit a copy of…

(A) After the initiation of an adjudication proceeding, a record of the adjudication proceeding shall be maintained at the expense of the agency. Such record shall include the following pertaining to the adjudication proceeding:(1) The adjudication file maintained pursuant to rul…

(A) When the director has determined that an emergency exists and has ordered that such action be taken as is necessary to meet the emergency pursuant to division (B) of section 3714.12, division (B) of section 3734.13, division (B) of section 6109.05, or division (C) of section …

(A) Ex parte communications.(1) No party to an adjudication proceeding shall engage in or encourage other persons to engage in ex parte communications with the hearing examiner about any matter that is the subject of the adjudication proceeding. The hearing examiner shall not ent…

(A) For the purposes of this chapter, the following definitions apply:(1) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means to copy, view, or otherwise perceive.(2) "Acquisition of a new computer system" means the p…

For personal information systems, whether manual or computer systems, that contain confidential personal information, the agency shall do the following:(A) Criteria for accessing confidential personal information. Personal information systems of the agency are managed on a "need-…

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the exercise of the agency's powers or duties, for which only employees of the agency may access confidential personal informati…

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the agency confidential and identify the confidential personal information within this chapter:(A) Social security numbers pursuant to 5 U.S.C. 522a., …

For personal information systems that are computer systems and contain confidential personal information, the agency shall do the following:(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentic…

(A) This chapter governs public notices, public meetings, public records, trade secret claims, verified complaints, and other administrative functions performed by the agency.(B) This chapter shall be construed liberally to accomplish the purposes of the chapters of the Revised C…

As used in this chapter:(A) (1) "Action" means the issuance, modification, or revocation of an order; the issuance, denial, renewal, modification, suspension, or revocation of a license, permit, lease, variance, certificate, registration, or authorization; or the approval or disa…

(A) A trade secret claim shall be submitted to the agency simultaneously with submission of the specific information claimed to constitute a trade secret, and such request shall be accompanied by sufficient supporting documentation. If a claimant does not submit the documentation…

(A) Not later than thirty days prior to the date set for a public hearing to consider adopting, amending, or rescinding a rule, public notice shall be published in the register of Ohio in accordance with section 119.03 of the Revised Code and in the Ohio EPA "Weekly Review." The …

(A) With respect to all actions of the agency that would require the agency to afford an opportunity for an adjudication hearing in accordance with sections 119.06 and 119.07 of the Revised Code and Chapter 3745-47 of the Administrative Code, the director shall prepare a proposed…

(A) The director shall not issue an action as a final action if an objection is received from the United States environmental protection agency and applicable law prohibits the issuance of a final action under such circumstances.(B) Except as otherwise provided in paragraph (E)(1…

(A) The agency shall give public notice for the following:(1) Draft actions and proposed actions, except amended draft actions and amended proposed actions. The agency may give public notice of amended draft actions and amended proposed actions.(2) Final actions, except final act…

(A) Public notices of actions shall include the following:(1) The name of the agency.(2) The address and telephone number of the locations where agency files and records pertaining to the action are located and may be inspected and copied.(3) Instructions for persons desiring to …

(A) In all instances where a federal statute or rule requires a fact sheet to be prepared, the agency shall, prior to issuance of an action, prepare a fact sheet. The fact sheet shall include such information as may be required by federal statute or rule and may include such addi…

(A) Any action, other than a final action, that would issue or renew a permit to discharge sewage, industrial waste, or other wastes to waters of the state under division (J) of section 6111.03 of the Revised Code shall be provided to the following entities having jurisdiction ov…

(A) Upon the director's issuance of a draft action or proposed action on an application to issue, modify, or renew a permit to discharge sewage, industrial waste, or other wastes to waters of the state under division (J) of section 6111.03 of the Revised Code, the agency shall tr…

(A) Filing a verified complaint.(1) An officer of an agency of the state of Ohio or of a political subdivision in Ohio, acting in a representative capacity, may file a verified complaint with the director in accordance with section 3745.08 of the Revised Code and paragraphs (B), …

(A) Not later than thirty days after public notice or such longer period as the agency may specify in the public notice of a draft action or proposed action, any person may file a request for a public meeting. This paragraph does not apply to an amended draft action or an amended…

The agency shall maintain a journal in which all final actions of the director shall be entered. Last updated April 15, 2024 at 1:19 PM Authorized By: 3704.03, 3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 37…

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-5-02 of the Administrative Code.]As used in this chapter, terms in this …

(A) The purpose of this chapter is to establish a voluntary statewide water quality trading program that does all of the following:(1) Facilitates watershed-based approaches to improving water quality.(2) Improves water quality and minimizes the costs of achieving and maintaining…

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-5-02 of the Administrative Code.](A) The use of a water quality credit s…