§ 1041-15. Administrative Review by EJ Examiner  

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  • The EJ Examiner shall consider all evidence submitted by any interested party and the applicant. Within 30 days following the deadline for submission of information by interested parties or members of the public as provided in Section 1041-13, the EJ examiner shall either grant, conditionally grant, or deny the requested permit, and shall issue written findings and conclusions taking into consideration the relevant EJ factors and determining compliance with the EJ standard. A conditional permit shall only be issued if the EJ Examiner determines that a Proposed Project will pose a material, cumulative, adverse impact on the health or the environment of a community in which a Proposed Project is located, and that the conditions in the permit will prevent such a material, cumulative, adverse impact. Circumstances in which a conditional permit may be issued include, but are not limited to, conditions imposed on the scope of the Proposed Project, the location of materials or equipment within the Proposed Project, the type of pollution controls installed at the Proposed Project, or on the transport of materials to or from the Proposed Project.

    If the EJ Examiner issues a conditional EJ permit, imposing such conditions on the applicant that are necessary to mitigate the material cumulative adverse impact of the Proposed Project, these conditions must be expressly set forth in the EJ Examiner's findings and conclusions. Failure to comply with any of the terms of a conditional permit shall constitute a violation of this chapter. The EJ Examiner may require a bond or other acceptable form of surety to insure compliance with the conditions imposed.

    Within five days of the issuance of the findings and conclusions by the EJ Examiner, such findings and conclusions will be sent by the Office of Environmental Quality to the applicant and any interested party who submitted comments or who requested a copy of the findings and such findings and conclusions shall be posted on the City's website. The EJ Examiner shall forward a copy of such findings and conclusions to the City of Cincinnati Board of Health for consideration, as well as the Hamilton County Department of Environmental Services, the Ohio EPA, and any relevant federal agencies.

(Ordained by Ord. No. 0210-2009, § 1, eff. July 24, 2009)