Common Sense Regulation

ODNR POLICY STATEMENT FOR EXECUTIVE ORDER 2008-04S

On February 12, 2008, Governor Ted Strickland signed Executive Order 2008-04S “Implementing Common Sense Business Regulation,” to help grow Ohio’s economy by meeting the regulatory needs of the state’s diverse employers.

Minor Violations

Specifically, paragraph 5(F) of the Executive Order provides as follows:

“Agencies should when appropriate waive penalties for first-time or isolated paperwork or procedural regulatory non-compliance. Each cabinet agency, board and commission shall prepare and publish on its website, a policy describing the circumstances in which such waivers shall be granted.”

In accordance with EO 2008-04S and House Bill 285, the Department’s goal is to assure that its regulated customers have the opportunity to achieve compliance with its regulations. In order to foster this goal, it is the Department’s policy to provide written notification for the initial violation of a minor, procedural regulatory or paperwork violation. A penalty will generally not be imposed for such violations unless the Director determines the violation poses actual or potential harm to animal or human health, the environment, or poses a danger to the general public.

Ombudsman Program

ODNR stakeholders have regularly noted the importance of regulatory policies that:

• are consistently applied,
• provide a fair and open opportunity for appeal, and,
• resort to litigation only as a final resort.

Therefore, as part of the Common Sense Regulation policy, the Department has created
a Regulatory Ombudsman Program. The intent of the program is to provide a forum for the fair resolution of department regulatory actions.

The Ombudsman Program is meant to supplement the normal agency process, and to assure that all reasonable opportunities are made available to support the long-term health of Ohio’s regulated businesses.

ODNR Director Sean D. Logan has appointed Assistant Director Rich Milleson and Deputy Director Cathryn Loucas to serve in this capacity. Both Mr. Milleson and Ms. Loucas have extensive backgrounds in the regulated private sector and have demonstrated an ability to work with ODNR stakeholders to satisfactorily conclude regulatory issues.

If you wish to contact an Ombudsman, please call (614) 265-6876.

ODNR Regulatory Divisions:

Rule Review

ODNR Director Sean Logan has implemented a system to provide legal review of all proposed rules to ensure they comply with the Executive Order’s goal to advance Ohio’s economic growth through reasonable and streamlined regulatory policies.

Proposed administrative rules will be reviewed, when appropriate, prior to filing to ensure that they are written using easily understandable wording in a manner that avoids the use of acronyms, specialized terminology and ‘legalese’.

Overview of Policy Intent

The Department is always mindful of its mission statement: “To ensure a balance between wise use and protection of our natural resources for the benefit of all.” Whenever possible, regulatory actions should anticipate their impact on Ohio’s natural resources and on business’s sustained growth. In industries that are regulated by ODNR; coal, oil, gas, salt, aggregate minerals and others, ODNR permitting should function as a ‘license to grow.’

Regulatory issue resolution should create solutions that last, not create bigger problems to solve. We will ask; if we permit this project, can we reasonably expect to gain more by doing it now than we will pay later to clean it up? If we permit this project, are we protecting business… or setting it up to fail? Are we setting business up to be one day fined or litigated into failure?

ODNR’s regulatory and licensing function is to protect Ohio business in its relations with the environment to steer business away from obstacles, away from restrictions, and toward growth that can be sustained.

Done right, regulation should open doors to a competitive future, uninterrupted growth and job creation.