Ohio Admin. Code 3701:1-40-36 - Requirement to provide a decision
(A) If a final bureau assessment report is
required, the report shall become part of the director's decision. The decision
shall be clearly identified and shall include the following:
(1) A statement of the decision.
(2) Identification of all alternatives
considered by the department, a statement that these alternatives were included
in the range of alternatives discussed in the bureau assessment report, and a
statement specifying any alternative that is considered to be environmentally
preferable.
(3) A discussion of
preferences among alternatives based on relevant factors including statutory
requirements in Chapter 3748. of the Revised Code.
(4) A statement indicating whether the
department has taken all practicable measures to avoid or minimize
environmental harm from the alternative selected, and if not, to explain why
those measures were not adopted. The statement also shall summarize any license
conditions and monitoring programs adopted in connection with mitigation
measures.
(B) The
decision may be integrated into any other record prepared by the department in
connection with the action.
(C)
The decision may incorporate by reference material contained in a final bureau
assessment report. The applicant may appeal a final decision as provided in
rule
3701:1-38-06
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02
Rule Amplifies: 3748.04, 3748.11
Prior Effective Dates: 07/22/2001
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04, 3748.11
Prior Effective Dates: 7/22/2001
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