Ohio Admin. Code 164-1-19 - Emergency projects

(A) The director will review a request for funding of an emergency project and may approve financial assistance on an emergency basis, not to exceed the funding limits set forth in division (B)(2) of section 164.08 of the Revised Code, depending on the availability of funds and the need, for any project adequately designed to rectify infrastructure conditions that pose an immediate threat to the health, safety, and welfare of the residents within the jurisdiction of the project applicant. With respect to such a project, the director may suspend any provision of Chapter 164-1 of the Administrative Code as necessary to deal with the emergency.

(B) In determining whether or not if emergency assistance is necessary, the director shall consider the following factors:

(1) The extent to which, if any, other existing infrastructure can be used by meet the needs of the applicant's residents in lieu of the being served by the failing infrastructure posing the threat;

(2) The capacity ability of the applicant to meet the emergency through the use of its own financial resources or through financial assistance programs operated by other federal, state, or local agencies;

(3) The degree to which the applicant is responsible for having created the emergency itself through neglect, inadequate maintenance, or failure to plan adequately for the evolution of hazardous infrastructure conditions that could reasonably have been predicted replacement of infrastructure.

Notes

Ohio Admin. Code 164-1-19

Effective: 2/15/2024
Five Year Review (FYR) Dates: 10/26/2023 and 02/15/2029
Promulgated Under: 119.03
Statutory Authority: 164.05, Chap. 119
Rule Amplifies: 164.08
Prior Effective Dates: 06/07/1989 (Emer.), 09/18/1989, 07/18/2013, 09/10/2018