Section 1. That sections 1501.32, 1501.33, 1521.04, 1522.03, | 11 |
and 1522.05 be amended and sections 1522.10, 1522.101, 1522.11, | 12 |
1522.12, 1522.13, 1522.131, 1522.14, 1522.15, 1522.16, 1522.17, | 13 |
1522.18, 1522.19, 1522.20, and 1522.21 of the Revised Code be | 14 |
enacted to read as follows: | 15 |
Sec. 1501.32. (A) No person shall divert more than one | 16 |
hundred thousand gallons per day of any waters of the state out of | 17 |
the Lake Erie or Ohio river drainage basinswatershed to another | 18 |
basin without having a permit to do so issued by the director of | 19 |
natural resources. An application for such a permit shall be filed | 20 |
with the director upon such forms as the director prescribes. The | 21 |
application shall state the quantity of water to be diverted, the | 22 |
purpose of the diversion, the life of the project for which the | 23 |
water is to be diverted, and such other information as the | 24 |
director may require by rule. Each application shall be | 25 |
accompanied by a nonrefundable fee of one thousand dollars, which | 26 |
shall be credited to the water management fund, which is hereby | 27 |
created. | 28 |
(C) Whenever the director receives an application under this | 53 |
section to divert water out of the Lake Erie drainage basin, the | 54 |
director shall notify the governors and premiers of the other | 55 |
great lakes states and provinces, the appropriate water management | 56 |
agencies of those states and provinces, and, when appropriate, the | 57 |
international joint commission and shall solicit their comments | 58 |
and concerns regarding the application. In the event of an | 59 |
objection to the proposed diversion, the director shall consult | 60 |
with the affected great lakes states and provinces to consider the | 61 |
issues involved and seek mutually agreeable recommendations. | 62 |
Before rendering a decision on the permit application, the | 63 |
director shall consider the concerns, comments, and | 64 |
recommendations of the other great lakes states and provinces and | 65 |
the international joint commission, and, in accordance with | 66 |
section 1109 of the "Water Resources Development Act of 1986," 100 | 67 |
Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not approve a | 68 |
permit application for any diversion to which that section | 69 |
pertains unless that diversion is approved by the governor of each | 70 |
great lakes state as defined in section 1109(c) of that act. | 71 |
The director may suspend a permit if the director determines | 97 |
that the continued diversion of water will endanger the public | 98 |
health, safety, or welfare. Before suspending a permit, the | 99 |
director shall make a reasonable attempt to notify the permittee | 100 |
that the director intends to suspend the permit. If the attempt | 101 |
fails, notification shall be given as soon as practicable | 102 |
following the suspension. Within five days after the suspension, | 103 |
the director shall provide the permittee an opportunity to be | 104 |
heard and to present evidence that the continued diversion of | 105 |
water will not endanger the public health, safety, or welfare. | 106 |
Sec. 1501.33. (A) Except as provided in divisions (B) and, | 140 |
(C), and (D) of this section, no person shall allow a facility | 141 |
that the person owns or operates to withdraw waters of the state | 142 |
in an amount that would result in a new or increased consumptive | 143 |
use of more than an average of two million gallons of water per | 144 |
day in any thirty-day period without first obtaining a permit from | 145 |
the director of natural resources under section 1501.34 of the | 146 |
Revised Code. The personPrior to developing a new or increased | 147 |
withdrawal or consumptive use capacity that would facilitate a | 148 |
withdrawal requiring a permit under this section, an owner or | 149 |
operator of a facility shall submit an application for a permit to | 150 |
the director on a form hethe director prescribes, which. The | 151 |
application shall declare and document all of the following: | 152 |
(c) A public water system, other than one that encompasses | 191 |
only water distribution facilities, is proposed to be constructed | 192 |
or installed, or substantial changes in the design capacity of an | 193 |
existing system, other than one that encompasses only water | 194 |
distribution facilities, are proposed; the plans submitted for the | 195 |
system to the director of environmental protection under section | 196 |
6109.07 of the Revised Code declare and document the information | 197 |
specified in division (A) of this section and rules adopted under | 198 |
it as determined by the director of natural resources; and the | 199 |
director of environmental protection has applied the criteria | 200 |
specified in division (A) of section 1501.34 of the Revised Code | 201 |
in reviewing and approving the plans as determined by the director | 202 |
of natural resources. | 203 |
(2) Any public water system that withdraws waters of the | 204 |
state in an amount that would result in a new or increased | 205 |
consumptive use of more than two million gallons per day and that | 206 |
does not meet the criteria specified in divisionsdivision | 207 |
(C)(1)(a), (b), or (c) of this section shall obtain a permit under | 208 |
section 1501.34 of the Revised Code. A person who submits plans | 209 |
for such a system under section 6109.07 of the Revised Code may | 210 |
request the director of natural resources in writing to consider | 211 |
those plans as an application under this section. No later than | 212 |
twenty days after receiving the request, the director shall notify | 213 |
the person of one of the following: | 214 |
Sec. 1521.04. The chief of the division of soil and water | 228 |
resources, with the approval of the director of natural resources, | 229 |
may make loans and grants from the water management fund created | 230 |
in section 1501.32 of the Revised Code to governmental agencies | 231 |
for water management, water supply improvements, and planning and | 232 |
may administer grants from the federal government and from other | 233 |
public or private sources for carrying out those functions and for | 234 |
the performance of any acts that may be required by the United | 235 |
States or by any agency or department thereof as a condition for | 236 |
the participation by any governmental agency in any federal | 237 |
financial or technical assistance program. Direct and indirect | 238 |
costs of administration may be paid from the fund. | 239 |
The chief may use the water management fund for the purposes | 240 |
of administering the water diversion and consumptive use permit | 241 |
programs established in sections 1501.30 to 1501.35 of the Revised | 242 |
Code and the withdrawal and consumptive use permit program | 243 |
established under sections 1522.10 to 1522.21 of the Revised Code; | 244 |
to perform watershed and water resources studies for the purposes | 245 |
of water management planning; and to acquire, construct, | 246 |
reconstruct, improve, equip, maintain, operate, and dispose of | 247 |
water management improvements. The chief may fix, alter, charge, | 248 |
and collect rates, fees, rentals, and other charges to be paid | 249 |
into the fund by governmental agencies and persons who are | 250 |
supplied with water by facilities constructed or operated by the | 251 |
department of natural resources in order to amortize and defray | 252 |
the cost of the construction, maintenance, and operation of those | 253 |
facilities. | 254 |
Rules adopted under this section shall be no more stringent | 274 |
than the great lakes-st. Lawrence river basin water resources | 275 |
compact. The chief shall convene a working group consisting of | 276 |
parties with interests in Lake Erie, the Lake Erie watershed, and | 277 |
the great lakes-st. Lawrence river basin water resources compact. | 278 |
The working group shall consult with the chief regarding the | 279 |
adoption of rules under this section. | 280 |
(B)(1) The governor, the department of natural resources, or | 288 |
any other agency of the state shall not adopt rules or implement | 289 |
any program regulating the use, withdrawal, consumptive use, or | 290 |
diversion of water pursuant to Sections 4.10 and 4.12.2 of the | 291 |
compact unless the general assembly enacts legislation after the | 292 |
effective date of this section authorizing the implementation of | 293 |
the program or adoption of rules. | 294 |
In addition, the governor, the department of natural | 295 |
resources, or any other agency of the state shall not adopt rules | 296 |
or implement any mandatory program governing water conservation | 297 |
and efficiency pursuant to Section 4.2 of the compact unless the | 298 |
general assembly enacts legislation after the effective date of | 299 |
the compact authorizing the implementation of the program or | 300 |
adoption of rules. However, the governor, the department of | 301 |
natural resources, or any other agency of the state may adopt | 302 |
rules concerning and may implement voluntary water conservation | 303 |
and efficiency programs without authorization from the general | 304 |
assembly. Such voluntary programs shall not include any mandatory | 305 |
requirements. | 306 |
(2) Division (B)(1) of this section does not prohibit the | 307 |
effectuation of Sections 4.8 and 4.9 of the compact after the | 308 |
effective date of the compact or prohibit the continued | 309 |
implementation and enforcement by the governor or applicable | 310 |
agencies of this state of laws, rules, or programs regulating the | 311 |
use, withdrawal, consumptive use, or diversion of water that are | 312 |
in effect on or before the effective date of this sectionThe | 313 |
chief of the division of soil and water resources shall adopt | 314 |
voluntary watershedwide goals, objectives, and standards for water | 315 |
conservation and efficiency consistent with Section 4.2 of the | 316 |
great lakes-st. Lawrence river basin water resources compact. | 317 |
(F) "Consumptive use" has the same meaning as in section | 351 |
1522.01 of the Revised Code. For purposes of determining a new or | 352 |
increased capacity for consumptive use, "consumptive use" is the | 353 |
use based on a coefficient of consumptive use generally accepted | 354 |
in the scientific community that most accurately reflects the | 355 |
process at a facility or the use based on facility specific data, | 356 |
whichever is more accurate. | 357 |
(H) "Facility" means any site, installation, or building at | 360 |
which water withdrawal and consumptive use activities take place | 361 |
or are proposed to take place, that is located at a property or on | 362 |
contiguous properties, and that is under the direction of either a | 363 |
private or public entity. "Facility" includes any site, | 364 |
installation, building, or service area of a public water system | 365 |
at or within which water withdrawal and consumptive use activities | 366 |
take place. | 367 |
Sec. 1522.11. (A) No person shall install or operate a | 408 |
facility or equipment that results in a new or increased diversion | 409 |
of any water out of the Lake Erie watershed to another watershed | 410 |
without first obtaining a permit to do so issued by the chief of | 411 |
the division of soil and water resources. An application for such | 412 |
a permit shall be submitted to the chief on a form that the chief | 413 |
prescribes. An application shall be accompanied by a nonrefundable | 414 |
fee of one thousand dollars, which shall be credited to the water | 415 |
management fund created in section 1501.32 of the Revised Code. | 416 |
Sec. 1522.12. (A) For purposes of the compact, not later | 422 |
than one hundred eighty days after the effective date of this | 423 |
section, the chief of the division of soil and water resources | 424 |
shall establish a program for the issuance of permits for the | 425 |
withdrawal and consumptive use of water from the Lake Erie | 426 |
watershed. Upon establishment of the program, the owner or | 427 |
operator of a facility within the Lake Erie watershed that is not | 428 |
otherwise exempt under section 1522.14 of the Revised Code shall | 429 |
obtain a withdrawal and consumptive use permit from the chief if | 430 |
the facility meets any of the following threshold criteria: | 431 |
(3)(a) Except as provided in division (A)(3)(b) of this | 440 |
section, the facility has a new or increased capacity for | 441 |
withdrawals or consumptive uses from any river or stream in the | 442 |
Lake Erie watershed that is a high quality water of at least one | 443 |
hundred thousand gallons per day. Division (A)(3) of this section | 444 |
does not apply to withdrawals and consumptive uses from | 445 |
outstanding state waters that are designated as such by the | 446 |
environmental protection agency due to their exceptional | 447 |
recreational values. | 448 |
(b) If a river or stream or segment thereof is designated as | 449 |
a high quality water as of the effective date of this section, the | 450 |
threshold established in division (A)(3)(a) of this section | 451 |
applies to the river or stream or segment thereof and the entire | 452 |
watershed upstream of that river, stream, or segment. If a river | 453 |
or stream or segment thereof is designated as a high quality water | 454 |
after the effective date of this section, the threshold | 455 |
established in division (A)(3)(a) of this section applies to the | 456 |
river or stream or segment thereof and the entire watershed | 457 |
upstream of that river, stream, or segment, provided that the | 458 |
director of environmental protection and the director of natural | 459 |
resources, or their designees, jointly determine that the proposed | 460 |
withdrawal or consumptive use would cause the high quality water | 461 |
to lose its designation as a high quality water. If the directors | 462 |
determine that the proposed withdrawal or consumptive use would | 463 |
not cause the high quality water to lose that designation, the | 464 |
threshold established in division (A)(2) of this section applies | 465 |
to the withdrawal or consumptive use at a point beginning one | 466 |
thousand feet upstream of the upstream end of the designated high | 467 |
quality water segment or at a point beginning two times the length | 468 |
of the river, stream, or segment that has been designated as a | 469 |
high quality water, whichever is greater. | 470 |
Upon establishment of the withdrawal and consumptive use | 471 |
permit program under this division, the owner or operator of a | 472 |
facility that is not otherwise exempt under section 1522.14 of the | 473 |
Revised Code and that is subject to a threshold specified in | 474 |
division (A)(1) or (2) of this section, after submitting an | 475 |
application for a permit under this section and a determination by | 476 |
the chief that the application is complete, may commence | 477 |
installation of the facility or equipment that will result in a | 478 |
new or increased withdrawal or consumptive use of water in the | 479 |
Lake Erie watershed prior to issuance of the withdrawal and | 480 |
consumptive use permit. | 481 |
Upon establishment of the withdrawal and consumptive use | 482 |
permit program under this division, the owner or operator of a | 483 |
facility that is not otherwise exempt under section 1522.14 of the | 484 |
Revised Code and that is subject to a threshold specified in | 485 |
division (A)(3) of this section shall not install or operate the | 486 |
facility or equipment that will result in a new or increased | 487 |
withdrawal or consumptive use of water in the Lake Erie watershed | 488 |
without first obtaining a withdrawal and consumptive use permit. | 489 |
(G) The chief shall issue or deny a permit not later than | 537 |
ninety days after receipt of a complete application. If | 538 |
applicable, the chief shall comply with the requirements regarding | 539 |
prior notice established in Section 4.6 of the compact. The chief | 540 |
shall issue or deny a permit through issuance of an order. The | 541 |
chief shall issue a permit if all applicable criteria for | 542 |
receiving the permit are met as provided in sections 1522.10 to | 543 |
1522.21 of the Revised Code. | 544 |
(B) In applying the provision of the decision-making standard | 550 |
established in Section 4.11.2 of the compact, the chief shall | 551 |
require that a withdrawal or consumptive use will be implemented | 552 |
so as to ensure that the withdrawal or consumptive use will result | 553 |
in no significant individual or cumulative adverse impacts on the | 554 |
quantity or quality of the waters and water dependent natural | 555 |
resources of the great lakes basin considered as a whole or of the | 556 |
Lake Erie source watershed considered as a whole. As part of the | 557 |
evaluation of a permit application under Section 4.11.2 of the | 558 |
compact, the chief shall do all of the following: | 559 |
(E) Nothing in sections 1522.10 to 1522.21 of the Revised | 579 |
Code shall be construed to affect, limit, diminish, or impair any | 580 |
rights validly established and existing under the laws of this | 581 |
state as of December 8, 2008, including, but not limited to, | 582 |
sections 1506.10 and 1521.17 of the Revised Code, or to limit a | 583 |
person's right to the reasonable use of ground water, water in a | 584 |
lake, or any other watercourse in contravention of Section 19b of | 585 |
Article I, Ohio Constitution. | 586 |
Sec. 1522.131. (A) To encourage the development of innovative | 587 |
water use practices and technologies that ensure sustainable water | 588 |
use for industrial, commercial, residential, agricultural, or | 589 |
public purposes, including recreational and cultural resources, as | 590 |
a means to facilitate sustainable economic growth and job | 591 |
creation, the chief of the division of soil and water resources, | 592 |
with the approval of the director of natural resources, may issue | 593 |
experimental use permits. An experimental use permit may be issued | 594 |
in lieu of a withdrawal and consumptive use permit as determined | 595 |
appropriate by the chief. | 596 |
(E) The chief shall establish the terms and conditions of an | 617 |
experimental use permit and may suspend such a permit, at any | 618 |
time, if the chief finds that its terms or conditions are being | 619 |
violated or that its terms and conditions are inadequate to avoid | 620 |
significant individual or cumulative adverse impacts on the | 621 |
quantity or quality of the waters and water dependent natural | 622 |
resources of the great lakes basin considered as a whole or the | 623 |
Lake Erie source watershed considered as a whole. | 624 |
(E) A facility making a withdrawal and consumptive use from | 661 |
an impoundment of water collected primarily from diffused surface | 662 |
water sources, including a farm pond, golf course pond, nursery | 663 |
pond, stormwater retention pond, or other private pond; or a | 664 |
facility making a withdrawal and consumptive use from any stream | 665 |
or river to augment the water supply of an impoundment of water if | 666 |
the impoundment is used, at least in part, for firefighting | 667 |
purposes. The exemption established by this division does not | 668 |
apply to a facility making a withdrawal and consumptive use for | 669 |
industrial purposes or for public water supply purposes. | 670 |
Sec. 1522.15. (A)(1) Transfer of a withdrawal and consumptive | 701 |
use permit upon the sale or transfer of a facility may occur so | 702 |
long as the location of the facility, the source of water, and the | 703 |
withdrawal and consumptive use capacities do not change. Transfer | 704 |
of the baseline withdrawal and consumptive use capacity of a | 705 |
baseline facility upon the sale or transfer of the baseline | 706 |
facility may occur so long as the location of the facility, the | 707 |
source of water, and the withdrawal and consumptive use capacities | 708 |
do not change. Transferred capacity of a baseline facility does | 709 |
not require a withdrawal and consumptive use permit. | 710 |
(2) If the owner of a facility for which a withdrawal and | 714 |
consumptive use permit has been issued sells or transfers a | 715 |
portion of the facility, transfer of the applicable portion of the | 716 |
withdrawal and consumptive use capacity authorized by the | 717 |
withdrawal and consumptive use permit may occur so long as the | 718 |
location of the facility, the source of water, and the total | 719 |
withdrawal and consumptive use capacities do not change. The | 720 |
permittee shall provide notice of such a transfer to the chief in | 721 |
a manner prescribed by the chief. Upon receipt of the notice and | 722 |
if a permit is required for the transferred portion based on the | 723 |
threshold amounts established in divisions (A)(1) to (3) of | 724 |
section 1522.12 of the Revised Code, the chief shall issue a new | 725 |
permit for the transferred portion of the facility to the | 726 |
transferee and a modified permit for the remaining portion of the | 727 |
facility to the original permittee upon a showing that the | 728 |
transferee will meet the conditions of the original permit and all | 729 |
applicable requirements of this chapter and rules adopted under | 730 |
it. Any new permit shall reflect the portion of the withdrawal and | 731 |
consumptive use capacity that has been transferred. | 732 |
(3) If the owner of a baseline facility sells or transfers a | 733 |
portion of the baseline facility, transfer of the applicable | 734 |
portion of the withdrawal and consumptive use capacity listed in | 735 |
the baseline report for that facility may occur so long as the | 736 |
location of the facility, the source of water, and the total | 737 |
withdrawal and consumptive use capacities do not change. The owner | 738 |
shall provide notice of such a transfer to the chief in a manner | 739 |
prescribed by the chief. The chief shall not require the owner of | 740 |
the baseline facility or the transferee to obtain a withdrawal and | 741 |
consumptive use permit, but shall update the baseline report to | 742 |
reflect the transfer. | 743 |
(4) The chief may deny a transfer under this section by | 744 |
issuing an order denying the transfer and sending written notice | 745 |
to the permittee and the transferee not later than thirty days | 746 |
after notice of the intended transfer. The chief shall deny the | 747 |
transfer if the chief determines that the transfer will result in | 748 |
noncompliance with this chapter, rules adopted under it, or the | 749 |
terms and conditions of a withdrawal and consumptive use permit. | 750 |
(B) With regard to the nonuse of a baseline facility's or a | 776 |
facility's withdrawal and consumptive use capacity, not later than | 777 |
sixty days after the time period specified in division (B)(1) or | 778 |
(2) or (I)(1) or (2) of section 1522.10 of the Revised Code, the | 779 |
owner or operator of the facility may request an extension from | 780 |
the chief to retain the facility's active status. The request | 781 |
shall be made in a manner prescribed by the chief. The chief shall | 782 |
determine the appropriate terms and conditions of the extension, | 783 |
if approved, based on information submitted by the owner or | 784 |
operator. The chief shall issue an order approving or disapproving | 785 |
the request and shall do so in a manner prescribed by the chief. | 786 |
Sec. 1522.17. (A) The owner or operator of a facility who is | 787 |
applying for a withdrawal and consumptive use permit shall submit | 788 |
to the chief of the division of soil and water resources a | 789 |
facility water conservation plan that incorporates environmentally | 790 |
sound and economically feasible water conservation measures in | 791 |
accordance with Section 4.11.3 of the compact. If the plan | 792 |
reasonably incorporates environmentally sound and economically | 793 |
feasible water conservation measures applicable to the facility, | 794 |
it shall be deemed to be in compliance with Section 4.11.3 of the | 795 |
compact. | 796 |
(C)(1) The owner or operator of a facility may request that | 808 |
any portions of a facility water conservation plan be kept | 809 |
confidential. The request for confidentiality shall be submitted | 810 |
at the same time that an owner or operator submits a facility | 811 |
water conservation plan under division (A) of this section. The | 812 |
owner or operator shall clearly indicate the information that the | 813 |
owner or operator considers a trade secret and shall label it as | 814 |
"trade secret." Failure to make such a request shall constitute a | 815 |
waiver of the right to prevent public disclosure of the | 816 |
information. A request for confidentiality shall be accompanied by | 817 |
documents that support the request. The documents shall describe | 818 |
the measures that the requestor has taken to safeguard the | 819 |
confidentiality of the information and indicate whether or not | 820 |
others are bound by a confidentiality agreement related to the | 821 |
information. | 822 |
Sec. 1522.18. The chief of the division of soil and water | 830 |
resources, on the chief's own initiative or upon written complaint | 831 |
by any person, may investigate or make inquiries into any alleged | 832 |
failure to comply with this chapter, any rule adopted under it, | 833 |
any order issued under it, or the terms and conditions of a permit | 834 |
issued under it. The chief or the chief's duly authorized | 835 |
representative may enter at reasonable times on any private or | 836 |
public property to inspect and investigate conditions relating to | 837 |
any such alleged act of noncompliance and, if necessary, may apply | 838 |
to the court of common pleas having jurisdiction for a warrant | 839 |
permitting the entrance and inspection. | 840 |
Sec. 1522.20. (A)(1) The chief of the division of soil and | 844 |
water resources may issue an order to a person that the chief | 845 |
determines has violated, is violating, or is threatening to | 846 |
violate any provisions of this chapter, rules adopted under it, or | 847 |
permits or orders issued under it. The order shall be effective | 848 |
upon issuance and shall identify the facility where the violation | 849 |
has occurred, is occurring, or is threatened to occur, the | 850 |
specific violation, and actions that the owner or operator of the | 851 |
facility must take to comply with the order. The order shall | 852 |
establish a reasonable date by which the owner or operator must | 853 |
comply with the order. | 854 |
(B)(1) The chief, by order, may propose to suspend or revoke | 863 |
a permit issued under this chapter if the chief determines that | 864 |
any term or condition of the permit is being violated. The chief's | 865 |
order shall identify the facility where the violation allegedly | 866 |
occurred, describe the nature of the violation, and prescribe what | 867 |
action the permittee may take to bring the facility into | 868 |
compliance with the permit. The chief shall fix and specify in the | 869 |
order a reasonable date or time by which the permittee must | 870 |
comply. The order shall state that the chief may suspend or revoke | 871 |
the permit if the permittee fails to comply with the order by that | 872 |
date or time. If on that date or time the chief finds that the | 873 |
permittee has not complied with the order, the chief may issue a | 874 |
new order suspending or revoking the permit. | 875 |
(C) The attorney general, upon written request of the chief, | 880 |
shall bring an action for an injunction or other appropriate legal | 881 |
or equitable action against any person who has violated, is | 882 |
violating, or is threatening to violate any provision of this | 883 |
chapter, any rule or order adopted or issued under it, or any term | 884 |
or condition of a permit issued under it. The attorney general | 885 |
shall bring the action in the court of common pleas of Franklin | 886 |
county or the county where the applicable facility is located. In | 887 |
an action for injunction, any factual findings of the chief | 888 |
presented at a hearing conducted under division (A) of section | 889 |
1522.21 of the Revised Code is prima-facie evidence of the facts | 890 |
regarding the order that is the subject of the hearing. | 891 |
(D) A person who violates any provision of this chapter, any | 892 |
rule or order adopted or issued under it, or any term or condition | 893 |
of a permit issued under it is liable to the chief for any costs | 894 |
incurred by the division of soil and water resources in | 895 |
investigating, mitigating, minimizing, removing, or abating the | 896 |
violation and conditions caused by it. Upon the request of the | 897 |
chief, the attorney general shall bring a civil action against the | 898 |
responsible person to recover those costs in the court of common | 899 |
pleas of Franklin county. Moneys recovered under this division | 900 |
shall be deposited in the state treasury to the credit of the | 901 |
water management fund created in section 1501.32 of the Revised | 902 |
Code. | 903 |
(B)(1) Before issuance of a final order denying the issuance | 909 |
of a permit under section 1522.11, 1522.12, or 1522.131 of the | 910 |
Revised Code, denying a transfer under section 1522.15 of the | 911 |
Revised Code, denying a petition to the chief under section | 912 |
1522.16 of the Revised Code, or denying a request for | 913 |
confidentiality under section 1522.17 of the Revised Code, or | 914 |
before the issuance of a final order under section 1522.20 of the | 915 |
Revised Code, the chief shall issue a proposed order indicating | 916 |
the chief's intent to issue a final order. If the chief receives a | 917 |
written objection from a person who is or will be aggrieved or | 918 |
adversely affected by the issuance of the final order, the chief | 919 |
shall conduct an adjudication hearing with respect to the proposed | 920 |
order in accordance with Chapter 119. of the Revised Code. A | 921 |
person who is or will be aggrieved or adversely affected by the | 922 |
issuance of the final order and who submitted a written objection | 923 |
under this division may be a party to the adjudication. | 924 |
(C)(1) After the issuance of a final order, a person who is | 930 |
or will be aggrieved or adversely affected by the issuance of the | 931 |
order may appeal the order to the court of common pleas of | 932 |
Franklin county or the court of common pleas of the county in | 933 |
which the facility that is the subject of the order is located. | 934 |
Subject to the exceptions specified in section 2506.03 of the | 935 |
Revised Code, the court is confined to the record as certified to | 936 |
it by the chief if an adjudication hearing was conducted by the | 937 |
chief under division (B) of this section. However, the court also | 938 |
may grant a request for the admission of additional evidence when | 939 |
satisfied that the additional evidence is newly discovered and | 940 |
could not with reasonable diligence have been ascertained prior to | 941 |
the hearing before the chief. If no adjudication hearing was | 942 |
conducted under division (B) of this section, the court shall | 943 |
conduct a hearing de novo. | 944 |
(B) The Chief of the Division of Soil and Water Resources | 990 |
shall serve as chairperson of the advisory group. All appointments | 991 |
shall be made to the advisory group not later than forty-five days | 992 |
after the effective date of this section. The advisory group shall | 993 |
make legislative recommendations for the application of Section | 994 |
4.11.2 of the Great Lakes-St. Lawrence River Basin Water Resources | 995 |
Compact. The recommendations shall be designed to ensure that | 996 |
permits issued under section 1522.12 of the Revised Code, as | 997 |
enacted by this act, will result in no significant individual or | 998 |
cumulative adverse impacts to the quantity or quality of the | 999 |
waters and water dependent natural resources of the Great Lakes | 1000 |
Basin considered as a whole or the Lake Erie watershed considered | 1001 |
as a whole. The recommendations shall not include any change to | 1002 |
divisions (B) and (C) of section 1522.13 of the Revised Code, as | 1003 |
enacted by this act. In developing its recommendations, the | 1004 |
advisory group shall consider the directives in divisions (B) and | 1005 |
(C) of that section and shall consider an adaptive management | 1006 |
approach taking into account scientific and technological advances | 1007 |
in accordance with Sections 1.3 and 1.4 of the Compact. | 1008 |
(C) The advisory group shall meet as necessary to accomplish | 1009 |
its purpose and shall submit its final recommendations to the | 1010 |
Chief of the Division of Soil and Water Resources not later than | 1011 |
eighteen months after the effective date of this section. If the | 1012 |
advisory group does not reach a consensus regarding its | 1013 |
recommendations, the advisory group may submit recommendations | 1014 |
representing each of the minority positions within the advisory | 1015 |
group. Upon submission of its recommendations, the advisory group | 1016 |
shall cease to exist. | 1017 |
(D) The Chief shall make legislative recommendations for | 1018 |
purposes of Section 4.11.2 of the Compact only after full | 1019 |
consideration of the advisory group's recommendations, provided | 1020 |
that the advisory group's recommendations are submitted to the | 1021 |
Chief not later than eighteen months after the effective date of | 1022 |
this section. When making legislative recommendations, the Chief | 1023 |
shall consider the economic consequences of determining whether an | 1024 |
impact is significant. | 1025 |
Section 6. If a court of competent jurisdiction holds any | 1036 |
part of this act to be void or unenforceable, it shall be | 1037 |
considered severable from those portions of the act that are | 1038 |
capable of continued implementation in the absence of the voided | 1039 |
provisions. All other provisions capable of continued | 1040 |
implementation shall continue in full force and effect. In | 1041 |
addition, if a court of competent jurisdiction holds all or part | 1042 |
of this act to be void or unenforceable such that the Chief of the | 1043 |
Division of Soil and Water Resources in the Department of Natural | 1044 |
Resources is prohibited from implementing the withdrawal and | 1045 |
consumptive use permit program under section 1522.12 of the | 1046 |
Revised Code, as enacted by this act, the owner or operator of a | 1047 |
facility that otherwise would have been required to obtain a | 1048 |
permit under that section instead shall proceed to obtain a permit | 1049 |
under section 1501.33 of the Revised Code, as amended by this act. | 1050 |