Ohio Admin. Code 1501-2-12 - Coordination with the federal great lakes diversion statute and the great lakes charter
(A)
Within ninety days of accepting a completed application for a diversion which
is subject to the provisions of section 1109 of the "Water Resources
Development Act of 1986," 100 Stat. 4230
42 U.S.C. 1962d-20, the director shall either:
(1) Deny the permit in accordance with the
provisions set forth in rule 1501-2-06 of the Administrative Code; or
(2) Formulate a
recommendation to approve the diversion proposal and transmit it, along with
the completed application and other relevant materials, to the governor of Ohio
for consideration pursuant to section 1109 of the "Water Resource Development
Act of 1986," 100 Stat. 4230,
42 U.S.C. 1962d-20.
(B) Upon being notified that the governor of
Ohio has denied permission for the diversion proposal pursuant to section 1109
of the "Water Resources Development Act of 1986," 100 Stat. 4230,
42 U.S.C. 1962d-20, the director shall deny the
permit consistent with the provisions of rule 1501-2-07 of the Administrative Code.
(C) Upon being notified that
the governor of Ohio has indicated that the diversion proposal is approvable
pursuant to section 1109 of the "Water Resources Development Act of 1986," 100
Stat. 4230, 42 U.S.C. 1962d-20, the director shall:
(1) Notify the governors and appropriate
water management agencies of the other great lakes states and request the
approval of the governors for the diversion proposal pursuant to section 1109
of the "Water Resources Development Act of 1986," 100 Stat. 4230,
42 U.S.C. 1962d-20.
(2) Notify the premiers and appropriate water
management agencies of the Canadian provinces of Quebec and Ontario and request
their comments on the diversion proposal pursuant to the prior notice and
consultation provisions of the great lakes charter.
(3) If the diversion proposal directly
involves the waters of lake Erie, consult the international joint commission to
determine whether the proposed diversion is subject to the Boundary Waters
Treaty of 1909.
(4) The
notification shall include a copy of the completed diversion application and
any other relevant information not contained in the application.
(5) The director shall make a reasonable
effort to provide any additional information requested by the parties listed in
paragraphs (C)(1), (C)(2), and (C)(3) of this rule. If necessary, the director
shall request the applicant to provide the information requested.
(6) If requested by any of the parties listed
in paragraphs (C)(1), (C)(2), and (C)(3) of this rule, the director shall
convene a consultation meeting with the other great lakes states and provinces,
providing at least a thirty day notice of the meeting.
(D) If one or more of the great lakes states'
governors indicate that they are unwilling to approve the diversion proposal
without modifications, the director shall provide the applicant the opportunity
to amend the diversion application. If the applicant does so amend the
application, the director will notify the parties listed in paragraphs (C)(1),
(C)(2), and (C)(3) of this rule about the amendment and will request the great
lakes states' governors to approve the diversion proposal as amended.
(E) Upon being notified that any
of the great lakes states' governors has denied permission for the diversion
proposal pursuant to section 1109 of the "Water Resources Development Act of
1986," 100 Stat. 4230, 42 U.S.C. 1962d-20, the director shall deny the
permit application consistent with the provisions of rule 1501-2-07 of the Administrative Code.
(F) Upon being notified that
all the great lakes states' governors have approved the diversion proposal
pursuant to section 1109 of the "Water Resources Development Act of 1986," 100
Stat. 4230, 42 U.S.C. 1962d-20, the director shall approve
the permit application consistent with the provisions of rule 1501-2-07 of the Administrative Code. Upon issuing the diversion permit, the director will notify the other
great lakes states and the Canadian provinces of Quebec and Ontario of such
issuance.
(G) Within ninety days
of accepting a completed application for a diversion which is not subject to
the provisions of section 1109 of the "Water Resources Development Act of
1986," 100 Stat. 4230 42 U.S.C. 1962d-20 but is subject to the
provisions of the great lakes charter, the director shall either:
(1) Deny the permit in accordance with the
provisions set forth in rule 1501-2-06 of the Administrative Code; or
(2) Notify the governors
and appropriate water management agencies of the great lakes states and the
premiers and appropriate water management agencies of the Canadian provinces of
Quebec and Ontario and request their comments on the diversion proposal
pursuant to the prior notice and consultation provisions of the great lakes
charter.
Notes
Promulgated Under: 111.15
Statutory Authority: R.C. 1501.31
Rule Amplifies: R.C. 1501.32
Prior Effective Dates: 11/28/2000
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.