Ohio Code 903.081 – Permits not to be granted
(A) For purposes of section 903.08 of the Revised Code, no person shall approve all or portions of a NPDES permit if the person receives or has received during the two years prior to the receipt of an application for a NPDES permit a significant portion of income from any NPDES permittee or any applicant for a NPDES permit. In addition, no person may serve on a board or commission that approves all or portions of a NPDES permit, including taking such action pursuant to an appeal of a NPDES permit, if the person receives or has received during the two years prior to serving on the board or commission or to the filing of the appeal a significant portion of income from any NPDES permittee or any applicant for a NPDES permit.
Terms Used In Ohio Code 903.081
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- NPDES permit: includes the federally enforceable provisions of a permit to operate into which NPDES permit provisions have been incorporated. See Ohio Code 903.01
- Permit: includes an initial, renewed, or modified permit to install, permit to operate, NPDES permit, and installation permit unless expressly stated otherwise. See Ohio Code 903.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(B) As used in this section:
(1) “Significant portion of income” means ten per cent or more of gross personal income in a calendar year or fifty per cent or more of gross personal income in a calendar year if the recipient of the income is more than sixty years of age and is receiving that portion of income under retirement benefits, including a pension or similar arrangement.
(2) “Income” includes retirement benefits, consultant fees, and stock dividends. “Income” does not include mutual fund payments or other diversified investments for which the recipient does not know the identity of the primary sources of the income.
(3) “Permittee” and “applicant for a NPDES permit” does not include any department or agency of the state.