Ohio Administrative Code|Rule 3745-49-07 | Public notice.

                                                
(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 actions preceded by proposed actions, unless the agency determines that
			 the final action differs from the proposed action in a manner that affects the
			 rights or duties of any person.
(3) Withdrawals of
			 actions.
(4) Public
			 meetings.
(5) Verified complaints
			 received.
(6) Whenever the agency
			 begins consideration of the issuance of a water quality certification under
			 section 401 of the Federal Water Pollution Control Act, 33 USC 1251, et seq.
			 (July 1, 2005).
(7) The adoption,
			 amendment, or rescission of a rule.
(B) Public notices shall be published as
		  follows:
(1) For all public
			 notices required or authorized by this rule, except for public notices of
			 rules, registrations, and public notices related to Ohio's state
			 implementation plan developed under section 110 of the Clean Air Act, 42 USC
			 7410, (November 15, 1990), in at least one newspaper of general circulation in
			 the county in which the source, facility, or subject of the public notice is
			 located.
(2) For registrations and
			 public notices related to Ohio's state implementation plan developed under
			 section 110 of the Clean Air Act, 42 USC 7410, (November 15, 1990), once in the
			 Ohio EPA "Weekly Review."
(3) For the adoption,
			 amendment, or rescission of a rule, in accordance with rule 3745-49-04 of the
			 Administrative Code.
(4) Not later than thirty
			 days prior to a public meeting.
(5) Not later than
			 fifteen days after issuance of an action and initiation of consideration of the
			 issuance of a water quality certification under section 401 of the Federal
			 Water Pollution Control Act, 33 USC 1251, et seq. (July 1, 2005).
(6) Not later than
			 fifteen days after receipt of a verified complaint.
Public notice is complete upon
		  publication.
(C) All public notices required or
		  authorized by this chapter shall be mailed by first class mail to all persons
		  on the mailing list of subscribers maintained pursuant to section 3745.07 of
		  the Revised Code not later than seven days after issuance of an action, receipt
		  of verified complaint, or initiation of consideration of the issuance of a
		  water quality certification under section 401 of the Federal Water Pollution
		  Control Act, 33 USC 1251, et seq. (July 1, 2005), and at least fourteen days
		  prior to a public meeting. Failure to mail notice to any person on the mailing
		  list of subscribers maintained pursuant to section 3745.07 of the Revised Code
		  will not invalidate any action of the director under any
		  circumstance.
(D) Failure to give public notice of a
		  draft action as required by this rule will invalidate the resulting final
		  action only if such invalidation is expressly required by applicable
		  law.
(E) Failure to give public notice of a
		  proposed action as required by this rule will invalidate the resulting final
		  action only if the failure is raised by, and was relied upon to the detriment
		  of, any person entitled to be a party to an adjudication proceeding before the
		  agency.
(F) If any action but a final action
		  would issue or renew a permit to discharge sewage, industrial wastes, or other
		  wastes to waters of the state under division (J) of section 6111.03 of the
		  Revised Code, the agency shall, on or before the date of newspaper publication
		  of the public notice, comply with rule 3745-49-10 of the Administrative
		  Code.
(G) If any person has requested to be
		  notified of agency actions relating to an application or request for a permit,
		  license, or variance for a particular source or facility and the agency later
		  issues the permit, license, or variance, the agency shall send the notice
		  required by paragraph (A)(2) of this rule to that person not later than fifteen
		  days after issuance. Failure to do so will not invalidate the agency
		  action.