1501:13-1-09. Notice of citizen suits

(A) A person who intends to initiate a civil action on his or her own behalf under division (B) of section 1513.15 of the Revised Code shall give written notice of intent to do so in accordance with this rule.

(B) Notice shall be given by certified mail to the chief and the alleged violator, if the complaint alleges a violation of Chapter 1513. of the Revised Code or any rule, order, or permit issued under Chapter 1513. of the Revised Code.

(C) Service of notice under this rule is complete upon mailing to the last known address of the person being notified.

(D) A person giving notice regarding an alleged violation shall state, to the extent known:

(1) Sufficient information to identify the provision of Chapter 1513. of the Revised Code, rule, order, or permit allegedly violated;

(2) The act or omission alleged to constitute a violation;

(3) The name, address, and telephone numbers of the person or persons responsible for the alleged violation;

(4) The date, time, and location of the alleged violation;

(5) The name, address, and telephone number of the person giving notice,; and;

(6) The name, address, and telephone number of legal counsel, if any, of the person giving notice.

(E) A person giving notice of an alleged failure by the chief to perform a mandatory act or duty under Chapter 1513. of the Revised Code shall state, to the extent known:

(1) The provision of Chapter 1513. of the Revised Code containing the mandatory act or duty allegedly not performed;

(2) Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under Chapter 1513. of the Revised Code;

(3) The name, address, and telephone number of the person giving notice; and

(4) The name, address, and telephone number of legal counsel, if any, of the person giving notice.

Five Year Review (FYR) Dates: 9/11/2020 and 09/11/2025
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.15
Prior Effective Dates: 08/28/1978, 10/27/1982, 02/12/2009

Prior History: (Five Year Review (FYR) Dates: 11/02/2015 and 11/02/2020
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.15
Prior Effective Dates: 8/28/78, 10/27/82, 2/12/09)