Weekly Review and Public Notices

Each week, the Ohio EPA Weekly Review provides a county-by-county listing of public notices in alphabetical order by county. Most of Ohio EPA’s public notices are contained in this listing.Certain Ohio EPA public notices are too lengthy to be included in the county-by-county listing, or apply to more than one county. An example would be public notices of proposed rule-making. These multi-county or other public notices are posted by week.

Public notices are published in the largest newspaper of general circulation (usually in the legal notices section) for the county in which the facility is or is proposed to be located. If no newspaper of general circulation is published in the county, the notice will be published in a newspaper of general circulation in an adjoining county.

Draft Actions

"Draft actions" are written statements of the Director of Environmental Protection’s (Director’s) intent with respect to the issuance, denial, etc. of a permit, license, order, etc. Interested persons may submit written comments or request a public meeting regarding draft actions. Comments or public meeting requests must be submitted within 30 days of notice of the draft action.

Final Actions

"Final actions" are actions of the Director which are effective upon issuance or a stated effective date. Pursuant to Ohio Revised Code Section 3745.04, a final action may be appealed to the Environmental Review Appeals Commission (ERAC) by a person who was a party to a proceeding before the Director by filing an appeal within 30 days of notice of the final action.

Pursuant to Ohio Revised Code Section 3745.07, a final action issuing, denying, modifying, revoking or renewing a permit, license or variance which is not preceded by a proposed action, may be appealed to the ERAC by filing an appeal within 30 days of the issuance of the final action. ERAC appeals accompanied by a $70.00 filing fee which the Commission in its discretion may reduce if by affidavit the appellant demonstrates that payment of the full amount of the fee would cause extreme hardship, must be filed with:

Environmental Review Appeals Commission
77 South High Street, 17th Floor
Columbus, Ohio 43215
(614) 466-8950

A copy of the appeal must be served on the Director within three days after filing the appeal with ERAC.

Adjudication Proceedings

Ordinarily, "actions" of the Director of Environmental Protection (which include the adoption, amendment or rescission of rules, the issuance, modification or rescission of most orders, and the issuance, denial, modification or revocation of permits and licenses) are issued as "final actions" appealable to the Environmental Review Appeals Commission (ERAC).

However, in some instances Ohio EPA is required, or chooses, to provide the person subject to an action an opportunity for a prior hearing. These instances will most often involve the denial of an application for a permit or license. In these cases, the Director will issue a "proposed action" that may be adjudicated before the Ohio EPA hearing officer.

An adjudication hearing on a proposed action of the Director may be requested by the person subject to the proposed action, or by any person who would be aggrieved or adversely affected by issuance of the permit in question, by the filing of a hearing request or objection within 30 days of issuance of the proposed action. The hearing request or objection is filed with Ohio EPA's hearing clerk in the Legal Records Section. The hearing clerk dockets the request and refers it to the hearing officer.

The first step in an adjudication proceeding is the scheduling of a prehearing conference by the hearing officer. The first prehearing conference will be scheduled to be held approximately four to six weeks after receipt of the hearing request, and will be attended by all parties to the case or their counsel (Ohio EPA will be represented by an Assistant Attorney General from the Environmental Enforcement Section). The purpose of the prehearing conference is to focus the issues in dispute, explore the possibility of settlement of the controversy, and discuss preliminary schedules for discovery and hearing if settlement of the case appears unlikely.

Most adjudication cases before Ohio EPA, as with most cases in any tribunal, settle without going to formal litigation. As long as all parties agree that settlement negotiations are being actively and productively pursued, the hearing officer will encourage efforts to resolve cases informally. If a case cannot be resolved informally, or cannot be resolved within a reasonable period of time, the case will proceed to a formal adjudication hearing.

Following the adjudication hearing and post-hearing briefing, the hearing officer submits a Report and Recommendation to the Director. The parties have an opportunity to file objections to the Report and Recommendation, and then the Director issues final Findings and Orders. This final action is then appealable to ERAC.

Law Summary

Material/Activity Regulated Division/Program Administrative Code Revised Code Federal Enabling/Related Statute
Air Pollution DAPC 3745-71 to 80; 3745-14 to 26; 3745-31; 3745-35; 3745-101 to 103 3704 Clean Air Act (CAA)
Cessation of Regulated Operations DMWM 3745-352 3752 N/A
Clean Ohio Fund Clean Ohio Fund Program (DERR) N/A 122.65 - .659 N/A
Community Right-to-Know, Emergency Planning, and Release Reporting Requirements DAPC--State Emergency Response Commission (SERC) 3750-1 to 60 3750 Emergency Planning and Community Right-to-Know (EPCRTK)
Construction Demolition & Debris DMWM 3745-400 3714 N/A
Drinking Water DDAGW 3745-81 to 99; 3745-7 6109 Safe Drinking Water Act (SDWA)
Hazardous Waste DMWM 3745-50 to 69; 3745-218; 3745-248; 3745-270 3734 Resource Conservation & Recovery Act (RCRA); Subtitle C
Injection of Wastes into Wells Underground Injection Control (UIC) Program (DDAGW) 3745-34 6111.043 - .049 SDWA
Ohio EPA (Enabling Statute) All Divisions/Programs (Including Verified Complaint Process, Environmental Education Fund, and Environmental Audits) N/A 3745 N/A
Oil and Gas Separate entity; Department of Natural Resources (DNR) 1501 1509 SDWA
Private Sewer Systems DSW N/A 6112 N/A
Remedial Actions at Unregulated Sites DERR N/A 3734, 3745.12, and 6111 Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)
Solid & Infectious Wastes DMWM 3745-27, 28, 29, 30; 3745-37 3734 RCRA Subtitle D (only for municipal solid waste landfills)
Spills of Hazardous Substances, Oil, etc. Emergency Response Section (DERR) N/A 3734, 3745.12, and 6111 CERCLA
Toxic Release Inventory DAPC 3745-100 3751 EPCRTK
Underground Storage Tanks Separate entity: Bureau of Underground Storage Tank Regulation (BUSTR) 1301 3737 RCRA
Universal Wastes DMWM 3745-273 3734 RCRA
Used Oil DMWM 3745-279 3734 RCRA
Voluntary Clean-up Voluntary Action Program (VAP)(DERR) 3745-300 3746 N/A
Water Pollution DSW 3745-1 to 3; 3745-7; 3745-11; 3745-32 to 33; 3745-36; 3745-38; 3745-40; 3745-42 6111, 6117 & 6119 Clean Water Act (CWA)
DAPC--Division of Air Pollution Control
DDAGW--Division of Drinking and Ground Waters
DMWM--Division of Materials and Waste Management
DSW--Division of Surface Water
DERR--Division of Environmental Response and Revitalization

County-by-County Notices

Environmental Review Appeals Commission

The Environmental Review Appeals Commission (ERAC) is an appellate review commission, which is separate and distinct from the Ohio Environmental Protection Agency (Ohio EPA). To inform the public of the time and place of Regular Scheduled Meetings, each week ERAC uses the Ohio EPA Weekly Review, pursuant to Revised Code Section 3745.04. Any questions or concerns regarding the docket should be directed to ERAC at (614) 466-8950.