3745-49-08. Contents of public notices

(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 obtain additional information, a copy of any fact sheet prepared, or a copy of the action.

(4) Instructions to persons desiring to be included on the mailing list provided for in section 3745.07 of the Revised Code.

(5) The name and address of the person to whom the action was issued.

(6) A brief description of the activities or operations that are the subject of the action.

(7) The location of the source, facility, or subject of the action, including a street address if one is known.

(8) A statement summarizing the action.

(9) The date of issuance of the action.

(B) If the public notice is for a draft action or proposed action, in addition to the information required by paragraph (A) of this rule, the public notice shall include the following:

(1) A statement that any person may submit written comments regarding the action not later than thirty days after the publication of the public notice, or such longer period as the agency may specify.

(2) A statement that any person may request a public meeting and that if the agency determines that significant public interest is shown, a public meeting may be held on the action prior to issuance of a final action.

(3) If the draft action or proposed action specifies when the action will become final, a statement that the draft action or proposed action shall become final on an effective date or event specified therein unless any of the following occurs:

(a) The director withdraws or amends the action.

(b) The action is disapproved by the United States environmental protection agency.

(c) For proposed actions, an adjudication hearing is timely requested in accordance with Chapter 3745-47 of the Administrative Code.

(4) A statement as to when the action may become effective as a final action.

(C) If the public notice is for a final action, in addition to the information required by paragraph (A) of this rule, the public notice shall indicate that the final action may be appealed to the environmental review appeals commission and shall include a statement summarizing the rights to appeal, if applicable.

(D) Public notices of all public meetings relating to an action 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 obtain additional information, a copy of any fact sheet prepared, or a copy of the action.

(4) Instructions to persons desiring to be included on the mailing list provided for in section 3745.07 of the Revised Code.

(5) The name and address of the person to whom the action was issued.

(6) The location of the source, facility, or subject of the action, including a street address if one is known.

(7) The date, time, and location of the public meeting.

(8) If the activities or operations that are the subject of the action are not otherwise included in the public notice, a brief statement of the issues to be addressed at the public meeting, if any.

(9) A statement that the purpose of the meeting is to obtain additional information that will be considered by the director prior to the director taking further action on the matter under consideration.

(E) Public notice of verified complaints filed pursuant to section 3745.08 of the Revised Code and rule 3745-49-12 of the Administrative Code shall include, to the extent known to the agency, the following:

(1) The name of the agency.

(2) The address and telephone number of the locations where further information may be obtained and agency files and records pertaining to the verified complaint may be inspected and copied.

(3) The name of the person who filed the complaint.

(4) The name of the person against whom the complaint was filed.

(5) A brief description of the location of the source, facility, or subject of the verified complaint, including a street address if one is known.

(6) A brief description of the activities or operations that are the subject of the verified complaint.

(7) A statement that any person may request notice concerning further actions pursuant to the verified complaint.

(F) All other public notices shall include, to the extent known to the agency, the following:

(1) The name of the agency.

(2) The address and telephone number where further information may be obtained and agency files and records pertaining to the source, facility, or subject may be inspected and copied.

(3) The name and address of the person responsible for the source, facility, or subject.

(4) The location of the source, facility, or subject, including a street address if one is known.

(5) A statement that any person, within thirty days of publication of the public notice, or such longer period as the agency may specify, may submit written comments to the director concerning the source, facility, or subject.

(6) A statement that any person may request notice concerning further actions or proceedings regarding the source, facility, or subject.

(G) Where duplicate information is required in multiple notices that are mailed or published together, any information that is required by this rule to be contained in more than one such notice need not be repeated in each notice but may be contained in a separate document mailed or published with and referred to in each notice to which it applies.

(H) Notwithstanding any other provision in this rule, notice of an action to modify any action of the director shall include a statement summarizing the modification together with references to the following:

(1) The action to be modified.

(2) Prior public notices or fact sheets relating to the action to be modified.

(I) All notices required by rule 3745-49-07 of the Administrative Code may be in summary form, specifying the source or facility; the name of the person to whom the action was issued; the type of action, if any; and the address of the office where further information, including the full notice, may be obtained.

Replaces: 3745-47-08

Five Year Review (FYR) Dates: 10/2/2018 and 10/02/2023
Promulgated Under: 119.03
Statutory Authority: 3734.12, 3734.021, 3734.02 , 3714.02, 3704.03, 6111.041, 6111.03, 6109.04, 3753.02, 3752.03, 3751.02, 3746.04, 3745.01, 3734.74, 3734.73, 3734.72, 3734.71, 3734.70
Rule Amplifies: 3745.07
Prior Effective Dates: 07/05/1973, 06/30/1981, 04/02/2012

Prior History: (Effective: 04/02/2012
R.C. 119.032 review dates: 04/02/2017
Promulgated Under: 119.03
Statutory Authority: 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, 3753.02, 6109.04, 6111.03, 6111.041
Rule Amplifies: 3745.07
Prior Effective Dates: 7/5/73, 06/30/81 )