2006 Ohio Revised Code - [903.08.1] 903.081.Effect of receipt of income from permittee or applicant for permit.

[§ 903.08.1] § 903.081. Effect of receipt of income from permittee or applicant for permit.
 

(A)  For purposes of section 903.08 of the Revised Code, no person shall issue 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 who, pursuant to an appeal of an action regarding a NPDES permit, has the authority to require or to order the director of agriculture to vacate or modify a NPDES permit shall require or order the director to vacate or modify a NPDES permit if the person receives or has received during the two years prior to the filing of the appeal a significant portion of income from any NPDES permittee or any applicant for a NPDES permit. 

(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. 
 

HISTORY: 150 v H 152, § 1, eff. 11-5-03.

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