Ohio Admin. Code 3750-80-01 - Application for variance by local emergency planning committee
(A) Any local
emergency planning committee applying for a variance under division (b) of
section 3750.11 of the Revised Code
shall submit its application in writing to the emergency response commission.
The local emergency planning committee shall include in its application:
(1) A certified copy of the resolution, rule,
or requirement which is the subject of the application for the variance;
(2) A signed statement from the
local emergency planning committee stating the basis for requesting the
variance; and
(3) Documents, sworn
statements or other materials which support and address each criterion set
forth in paragraphs (A) and (B) of rule
3750-80-02
of the Administrative Code.
(B) On or before the date that the local
emergency planning committee submits the variance application to the
commission, the local emergency planning committee shall mail by certified
mail, return receipt requested, notice of the application and a summary of the
reporting requirement to the owner or operator of each facility within the
emergency planning district that the local emergency planning committee
determines would be subject to the reporting requirement.
(C) At least seventy two hours prior to a
meeting of the commission where the commission is to vote on an application for
a variance, a copy of the proposed agenda shall be provided by the commission
to the committee and to the facility that would be subject to the variance
should it be granted. This proposed agenda shall provide the location, date,
and time of the meeting.
(D) Any
application for a variance that fails to provide sufficient information for the
emergency response commission to make the findings required by rule
3750-80-02
of the Administrative Code shall be considered incomplete. A local emergency
planning committee that submits an incomplete application shall be notified in
writing of the nature of the deficiencies. No action shall be taken on an
incomplete application, until the deficiencies have been addressed.
Notes
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) and (C)
Prior Effective Dates: 09/01/1995
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) and (C)
Prior Effective Dates: 9/1/95
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