Any person who seeks to review or
obtain copies of information submitted to the emergency response commission or
a local emergency planning committee shall submit a written request to the
information coordinator of the commission or committee:
(A)
Requests for
information.
(1)
A person who requests to receive information submitted under
Chapter 3750. of the Revised Code by a facility owner or operator shall submit
a separate application for each facility for which information is being
requested and shall specify both the facility and address for which information
is being requested and the particular types of documents requested.
(2)
An
officer or employee of the state or a political subdivision acting in an
official capacity may have access to tier II information by submitting a
written request to the commission or committee.
(3)
An affected
community water system may have access to tier II information by submitting a
request to the commission or committee. Upon receipt of a request for tier II
information, the commission or committee shall make available such information
to the affected community water system.
The term "affected community water
system" in this section means a community water system (as defined in section
1401(15) of the Safe Drinking Water Act) that receives supplies of drinking
water from a source water area, delineated under section 1453 of the Safe
Drinking Water Act, in which a facility that is required to prepare and submit
an inventory form under Chapter 3750-30 of the Administrative Code is
located.
(B)
Until such time
as the commission has its own staff and office, only public employed authorized
representatives of the commission or committee shall copy information in the
files of the commission or committee.
(C)
A person who,
either in person or by mail, requests to obtain a copy of a material safety
data sheet submitted under Chapter 3750. of the Revised Code by a facility
owner or operator shall submit a separate application for each facility for
which a material safety data sheet is being requested.
(D)
Information that
is subject to protection under section
3750.09 of the Revised Code and
rules adopted by the commission under Chapter 3750-60 of the Administrative
Code as trade secret information or confidential business information shall be
kept in files that are separate from those containing information that is not
so protected and shall not be made available to any person requesting
information under this chapter.
(E)
The original
copies of information submitted to the commission or committee shall not be
removed from the custody and control of the commission or
committee.
(F)
The commission or committee may require any person who
requests to personally review information submitted under Chapter 3750. of the
Revised Code to schedule an appointment for that purpose with the information
coordinator of the commission or committee at least twenty-four hours before
arriving at the office of the commission or committee for the
review.
(G)
Any person who seeks access to information in the files
of the commission or a committee shall submit a written application on a form
provided by the commission or committee. The person also shall provide the
person's name and current mailing address on the application and may be
requested by the commission or committee to provide basic demographic
information on the form to assist in the evaluation of the information access
provisions of this chapter. Requester can seek information in email or letter
on company letterhead, but must include all information contained on the
commission or committee approved application request form. Application forms
may be obtained by mail or in person or by request by telephone at the office
of the commission or committee during regular business hours. Upon receipt of a
request for an application by telephone or mail, the information coordinator
shall promptly provide an application to the person who requested the
application.
(H)
The application form shall provide the applicant with a
means of indicating that the applicant's name and address are to be kept
confidential. If the applicant so indicates, that information is not a public
record under section 149.43 of the Revised Code and
shall not be disclosed to any person who is not a member or employee of the
commission or committee or an employee of the environmental protection agency.
When a name and address are to be kept confidential, they also shall be deleted
from the copy of the application required to be placed in the file of the
facility and shall be withheld from any log of information requests kept by the
commission or committee.
(I)
Neither the commission nor committee shall charge any
fee for access to review information in the files when no copies or computer
searches of that information are requested.
(J)
An applicant
shall be informed of the cost of copying, mailing, or conducting a computer
search of information on file with the commission or committee before such a
copy or search is made, and the commission or committee shall collect the
appropriate fees as established. Each applicant shall acknowledge on the
application form that the applicant is aware that the applicant will be charged
for copies and computer searches of that information the applicant requests and
for the costs of mailing copies of the information to the applicant. Those
seeking copies of public records may be charged only the actual cost of making
copies and not labor. The charge for paper is five cents per page. The
commission or committee may waive the charges if fewer than two hundred fifty
pages are copied.
(K)
When the commission or the committee receives a request
for access to review or obtain copies of information in the files, the
commission or the committee shall not routinely notify the owner or operator of
the facility involved, but instead shall either keep a log or file of requests
for the information or shall place a copy of each completed application form in
the file for the facility to which the application pertains. Such a log or file
shall be available for review by the public and by the owners and operators of
facilities required to submit information to the commission or
committee.
(L)
The commission or committee shall make copies of the
requested public records available within a reasonable period of
time.
(M)
The commission or committee shall not share, except as
otherwise authorized by division (A) of section
3750.22 of the Revised Code, any
vulnerability assessment or other security-sensitive information the commission
or the committee receives pursuant to division (A) of section
3750.22 of the Revised Code and
that assessment or information is neither a public record under section
149.43 of the Revised Code nor
subject to the mandatory disclosure requirements of section
149.43 of the Revised
Code.
Notes
Ohio Admin. Code
3750-90-01
Five Year Review (FYR) Dates:
3/17/2021 and
03/17/2026
Promulgated
Under:
119.03
Statutory Authority:
3750.02(B)(2)(c)
Rule Amplifies:
3750.10
Prior Effective Dates:
08/03/2019
Effective: 8/3/2019
Five Year Review
(FYR) Dates: 08/03/2024
Promulgated Under:
119.03
Statutory
Authority: 3750.02(B)(2)(c)
Rule Amplifies:
3750.10