As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 197 5
1999-2000 6
REPRESENTATIVES KREBS-ALLEN-OPFER-PRINGLE-TERWILLEGER-WILLIAMS 8
_________________________________________________________________ 9
A B I L L
To amend sections 3709.085, 3745.11, 6111.01, 11
6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 13
6111.44, 6111.45, and 6111.46 of the Revised Code 14
to authorize the Director of Environmental
Protection to issue permits for the use, storage, 15
treatment, or disposal of sludge and sludge 16
materials, to impose an annual sludge fee, and to
otherwise regulate sludge and sludge materials. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 3709.085, 3745.11, 6111.01, 21
6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 6111.44, 6111.45, 23
and 6111.46 of the Revised Code be amended to read as follows: 24
Sec. 3709.085. (A) The board of health of a city or 33
general health district may enter into a contract with any 34
political subdivision or other governmental agency to obtain or 35
provide all or part of any services, including, but not limited 36
to, enforcement services, for the purposes of Chapter 3704. of 37
the Revised Code, the rules adopted and orders made pursuant 38
thereto, or any other ordinances or rules for the prevention, 39
control, and abatement of air pollution. 40
(B)(1) As used in division (B)(2) of this section: 42
(a) "Semipublic disposal system" means a disposal system 44
which THAT treats the sanitary sewage discharged from publicly or 46
privately owned buildings or places of assemblage, entertainment, 47
recreation, education, correction, hospitalization, housing, or 48
employment, but does not include a disposal system which THAT 49
2
treats sewage in amounts of more than twenty-five thousand 51
gallons per day; a disposal system for the treatment of sewage 52
that is exempt from the requirements of section 6111.04 of the 53
Revised Code pursuant to division (F)(6) of that section; or a 54
disposal system for the treatment of industrial waste. 55
(b) Terms defined in section 6111.01 of the Revised Code 57
have the same meaning MEANINGS as in that section. 58
(2) The board of health of a city or general health 60
district may enter into a contract with the environmental 61
protection agency to conduct on behalf of the agency inspection 62
or enforcement services, for the purposes of Chapter 6111. and 63
section 1541.21 of the Revised Code and rules adopted thereunder, 64
for the disposal or treatment of sewage from single-family, 65
two-family, or three-family dwellings located in special sanitary 66
districts designated by section 1541.21 of the Revised Code, for 67
the disposal or treatment of sewage from semipublic disposal 68
systems, or for both. The board of health of a city or general 69
health district may charge a fee established pursuant to section 70
3709.09 of the Revised Code to be paid by the holder of a permit 71
under Chapter 6111. of the Revised Code or the owner or resident 72
of any such dwelling located in a special sanitary district for 73
inspections conducted by the board pursuant to a contract entered 74
into under this division (B)(2) OF THIS SECTION, except that the 76
board shall not charge a fee for those inspections conducted at 77
any manufactured home park, recreational vehicle park, recreation 78
camp, or combined park-camp that is licensed under section 79
3733.03 of the Revised Code. 80
Sec. 3745.11. (A) Applicants for and holders of permits, 89
licenses, variances, plan approvals, and certifications issued by 90
the director of environmental protection pursuant to Chapters 91
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 92
fee to the environmental protection agency for each such issuance 93
and each application for an issuance as provided by this section. 94
No fee shall be charged for any issuance for which no application 95
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has been submitted to the director. 96
(B) Prior to January 1, 1994, each person issued a permit 98
to operate, variance, or permit to install under section 3704.03 99
of the Revised Code shall pay the fees specified in the following 100
schedule: 101
(1) Fuel-Burning Equipment 103
Input capacity 105
(million British 106
Permit Permit
thermal units 108
to to
per hour) 111
operate Variance install
0 or more, but 114
less than 10 $ 75 $225 $ 100
10 or more, but 115
less than 100 210 450 390
100 or more, but 116
less than 300 270 675 585
300 or more, but 117
less than 500 330 900 780
500 or more 500 975 1000 118
Any fuel-burning equipment using only natural gas, propane, 121
liquefied petroleum gas, or number two or lighter fuel oil shall 122
be assessed a fee one-half of that shown. 123
(2) Incinerators 125
Input capacity 128
Permit Permit
(pounds per 130
to to
hour) 133
operate Variance install
0 to 50 $ 50 $225 $ 65 136
51 to 500 210 450 390 137
4
501 to 2000 270 675 585 138
2001 to 30,000 330 900 780 139
more than 30,000 500 975 1000 140
(3) Process 143
Process weight 146
Permit Permit
rate 147
to to
(pounds per hour) 150
operate Variance install
0 to 1000 $100 $225 $ 200 153
1001 to 5000 210 450 390 154
5001 to 10,000 270 675 585 155
10,001 to 50,000 330 900 780 156
more than 50,000 500 975 1000 157
In any process where process weight rate cannot be 160
ascertained, the minimum fee shall be assessed. 161
(4) Storage tanks 163
Gallons 166
Permit to Permit to
(capacity) 168
operate Variance install
less than 40,000 $150 $225 $ 195 171
40,000 or more, but 172
less than 100,000 210 450 390
100,000 or more, but 173
less than 400,000 270 675 585
400,000 or more, but 174
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 175
(5) Gasoline 178
Gasoline dispensing 181
Permit to Permit to
5
facilities 183
operate Variance install
For each gasoline 186
dispensing
facility $20 $100 $50
(6) Dry cleaning 189
Dry cleaning 192
Permit to Permit to
facilities 194
operate Variance install
For each dry 197
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 200
of the Revised Code shall be assessed a fee of two hundred fifty 201
dollars per mine or location. 202
(C)(1) Except as otherwise provided in division (C)(2) of 204
this section, beginning July 1, 1994, each person who owns or 205
operates an air contaminant source and who is required to apply 206
for and obtain a Title V permit under section 3704.036 of the 207
Revised Code shall pay the fees set forth in division (C)(1) of 208
this section. For the purposes of that division, total emissions 209
of air contaminants may be calculated using engineering 210
calculations, emissions factors, material balance calculations, 211
or performance testing procedures, as authorized by the director. 212
The following fees shall be assessed on the total actual 214
emissions from a source in tons per year of the regulated 215
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 216
organic compounds, and lead: 217
(a) Fifteen dollars per ton on the total actual emissions 219
of each such regulated pollutant during the period July through 220
December 1993, to be collected no sooner than July 1, 1994; 221
(b) Twenty dollars per ton on the total actual emissions 223
of each such regulated pollutant during calendar year 1994, to be 224
collected no sooner than April 15, 1995; 225
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(c) Twenty-five dollars per ton on the total actual 227
emissions of each such regulated pollutant in calendar year 1995, 228
and each subsequent calendar year, to be collected no sooner than 229
the fifteenth day of April of the year next succeeding the 230
calendar year in which the emissions occurred. 231
The fees levied under division (C)(1) of this section do 233
not apply to that portion of the emissions of a regulated 234
pollutant at a facility that exceed four thousand tons during a 235
calendar year. 236
(2) The fees assessed under division (C)(1) of this 238
section are for the purpose of providing funding for the Title V 239
permit program. 240
(3) The fees assessed under division (C)(1) of this 242
section do not apply to emissions from any electric generating 243
unit designated as a Phase I unit under Title IV of the federal 244
Clean Air Act prior to calendar year 2000. Those fees shall be 245
assessed on the emissions from such a generating unit commencing 246
in calendar year 2001 based upon the total actual emissions from 247
the generating unit during calendar year 2000. 248
(4) The director shall issue invoices to owners or 250
operators of air contaminant sources who are required to pay a 251
fee assessed under division (C) or (D) of this section. Any such 252
invoice shall be issued no sooner than the applicable date when 253
the fee first may be collected in a year under the applicable 254
division, shall identify the nature and amount of the fee 255
assessed, and shall indicate that the fee is required to be paid 256
within thirty days after the issuance of the invoice. 257
(D) Beginning January 1, 1994, each person who owns or 259
operates an air contaminant source; who is required to apply for 260
a permit to operate pursuant to rules adopted under division (G), 261
or a variance pursuant to division (H), of section 3704.03 of the 262
Revised Code; and who is not required to apply for and obtain a 263
Title V permit under section 3704.036 of the Revised Code shall 264
pay a single fee based upon the sum of the actual annual 265
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emissions from the facility of the regulated pollutants 266
particulate matter, sulfur dioxide, nitrogen oxides, organic 268
compounds, and lead in accordance with the following schedule: 269
Total tons per year 271
of regulated pollutants 272
emitted Annual fee per facility 273
More than 0, but less than 50 $ 75 276
50 or more, but less than 100 300 277
100 or more 700 278
The fees assessed under this division shall be collected 281
annually no sooner than the fifteenth day of April, commencing in 282
1995. The fee assessed under this division in a calendar year 283
shall be based upon the sum of the actual emissions of those 284
regulated pollutants during the preceding calendar year. For the 285
purpose of this division, emissions of air contaminants may be 286
calculated using engineering calculations, emission factors, 287
material balance calculations, or performance testing procedures, 288
as authorized by the director. The director, by rule, may 289
require persons who are required to pay the fees assessed under 290
this division to pay those fees biennially rather than annually. 291
(E)(1) Consistent with the need to cover the reasonable 293
costs of the Title V permit program, the director annually shall 294
increase the fees prescribed in division (C)(1) of this section 295
by the percentage, if any, by which the consumer price index for 296
the most recent calendar year ending before the beginning of a 297
year exceeds the consumer price index for calendar year 1989. 298
Upon calculating an increase in fees authorized by division 299
(E)(1) of this section, the director shall compile revised fee 300
schedules for the purposes of division (C)(1) of this section and 301
shall make the revised schedules available to persons required to 302
pay the fees assessed under that division and to the public. 303
(2) For the purposes of division (E)(1) of this section: 305
(a) The consumer price index for any year is the average 307
of the consumer price index for all urban consumers published by 308
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the United States department of labor as of the close of the 309
twelve-month period ending on the thirty-first day of August of 310
that year; 311
(b) If the 1989 consumer price index is revised, the 313
director shall use the revision of the consumer price index that 314
is most consistent with that for calendar year 1989. 315
(F) Each person who is issued a permit to install pursuant 317
to rules adopted under division (F) of section 3704.03 of the 318
Revised Code on or after January 1, 1994, shall pay the fees 319
specified in the following schedules: 320
(1) 322
(1) Fuel-burning equipment (boilers) 324
Input capacity (maximum) 326
(million British thermal units per Permit to install 327
hour)
Greater than 0, but less than 10 $ 200 328
10 or more, but less than 100 400 329
100 or more, but less than 300 800 330
300 or more, but less than 500 1500 331
500 or more, but less than 1000 2500 332
1000 or more, but less than 5000 4000 333
5000 or more 6000 334
Units burning exclusively natural gas, number two fuel oil, 337
or both shall be assessed a fee that is one-half the applicable 338
amount shown in division (F)(1) of this section. 339
(2) 341
(2) Incinerators 343
Input capacity (pounds per hour) Permit to install 345
0 to 100 $ 100 346
101 to 500 400 347
501 to 2000 750 348
2001 to 20,000 1000 349
more than 20,000 2500 350
(3) 353
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(3)(a) Process 355
Process weight rate (pounds per Permit to install 357
hour)
0 to 1000 $ 200 358
1001 to 5000 400 359
5001 to 10,000 600 360
10,001 to 50,000 800 361
more than 50,000 1000 362
In any process where process weight rate cannot be 365
ascertained, the minimum fee shall be assessed. 366
(b) Notwithstanding division (F)(3)(a) of this section, 368
any person issued a permit to install pursuant to rules adopted 369
under division (F) of section 3704.03 of the Revised Code shall 370
pay the fees set forth in division (F)(3)(c) of this section for 371
a process used in any of the following industries, as identified 372
by the applicable four-digit standard industrial classification 373
code according to the Standard Industrial Classification Manual 374
published by the United States office of management and budget in 375
the executive office of the president, 1972, as revised: 376
1211 Bituminous coal and lignite mining; 378
1213 Bituminous coal and lignite mining services; 380
1411 Dimension stone; 382
1422 Crushed and broken limestone; 384
1427 Crushed and broken stone, not elsewhere classified; 386
1442 Construction sand and gravel; 388
1446 Industrial sand; 390
3281 Cut stone and stone products; 392
3295 Minerals and earth, ground or otherwise treated. 394
(c) The fees set forth in the following schedule apply to 396
the issuance of a permit to install pursuant to rules adopted 397
under division (F) of section 3704.03 of the Revised Code for a 398
process identified in division (F)(3)(b) of this section: 399
Process weight rate Permit to install 401
(pounds per hour)
10
0 to 10,000 $200 402
10,001 to 50,000 300 403
50,001 to 100,000 400 404
100,001 to 200,000 500 405
200,001 to 400,000 600 406
400,001 or more 700 407
(4) 410
(4) Storage tanks 412
Gallons (maximum useful Permit to install 414
capacity)
0 to 20,000 $100 415
20,001 to 40,000 150 416
40,001 to 100,000 200 417
100,001 to 250,000 250 418
250,001 to 500,000 350 419
500,001 to 1,000,000 500 420
1,000,001 or greater 750 421
(5) 424
(5) Gasoline/fuel dispensing facilities 426
For each gasoline/fuel Permit to install 428
dispensing facility
(includes all units at $100 429
the facility)
(6) 432
(6) Dry cleaning facilities 434
For each dry cleaning Permit to install 436
facility
(includes all units at $100 437
the facility)
(7) 440
(7) Registration status 442
Permit to install 444
For each source covered 445
by registration status $75
11
(G) An owner or operator who is responsible for an 448
asbestos demolition or renovation project pursuant to rules 449
adopted under section 3704.03 of the Revised Code shall pay the 450
fees set forth in the following schedule: 451
Fee 453
Action
Each notification $75 454
Asbestos removal $3/unit 455
Asbestos cleanup $4/cubic yard 456
For purposes of this division, "unit" means any combination of 459
linear feet or square feet equal to fifty. 460
(H) A person who is issued an extension of time for a 462
permit to install an air contaminant source pursuant to rules 463
adopted under division (F) of section 3704.03 of the Revised Code 464
shall pay a fee equal to one-half the fee originally assessed for 465
the permit to install under this section, except that the fee for 466
such an extension shall not exceed two hundred dollars. 467
(I) A person who is issued a modification to a permit to 469
install an air contaminant source pursuant to rules adopted under 470
section 3704.03 of the Revised Code shall pay a fee equal to 471
one-half of the fee that would be assessed under this section to 472
obtain a permit to install the source. The fee assessed by this 473
division only applies to modifications that are initiated by the 474
owner or operator of the source and shall not exceed two thousand 475
dollars. 476
(J) Notwithstanding division (B) or (F) of this section, a 478
person who applies for or obtains a permit to install pursuant to 479
rules adopted under division (F) of section 3704.03 of the 480
Revised Code after the date actual construction of the source 481
began shall pay a fee for the permit to install that is equal to 482
twice the fee that otherwise would be assessed under the 483
applicable division unless the applicant received authorization 484
to begin construction under division (W) of section 3704.03 of 485
the Revised Code. This division only applies to sources for 486
12
which actual construction of the source begins on or after July 487
1, 1993. The imposition or payment of the fee established in 488
this division does not preclude the director from taking any 489
administrative or judicial enforcement action under this chapter, 490
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 491
rule adopted under any of them, in connection with a violation of 492
rules adopted under division (F) of section 3704.03 of the 493
Revised Code. 494
As used in this division, "actual construction of the 496
source" means the initiation of physical on-site construction 497
activities in connection with improvements to the source that are 498
permanent in nature, including, without limitation, the 499
installation of building supports and foundations and the laying 500
of underground pipework. 501
(K) Fifty cents per ton of each fee assessed under 503
division (C) of this section on actual emissions from a source 504
and received by the environmental protection agency pursuant to 505
that division shall be deposited into the state treasury to the 506
credit of the small business assistance fund created in section 507
3706.19 of the Revised Code. The remainder of the moneys 508
received by the division pursuant to that division and moneys 509
received by the agency pursuant to divisions (D), (F), (G), (H), 510
(I), and (J) of this section shall be deposited in the state 511
treasury to the credit of the clean air fund created in section 512
3704.035 of the Revised Code. 513
(L)(1)(a) Except as otherwise provided in division 515
(L)(1)(b) or (c) of this section, a person issued a water 516
discharge permit or renewal of a water discharge permit pursuant 517
to Chapter 6111. of the Revised Code shall pay a fee based on 518
each point source to which the issuance is applicable in 519
accordance with the following schedule: 520
Design flow discharge (gallons per day) Fee 522
0 to 1000 $ 0 525
1,001 to 5000 100 526
13
5,001 to 50,000 200 527
50,001 to 100,000 300 528
100,001 to 300,000 525 529
over 300,000 750 530
(b) Notwithstanding the fee schedule specified in division 533
(L)(1)(a) of this section, the fee for a water discharge permit 534
that is applicable to coal mining operations regulated under 535
Chapter 1513. of the Revised Code shall be two hundred fifty 536
dollars per mine. 537
(c) Notwithstanding the fee schedule specified in division 539
(L)(1)(a) of this section, the fee for a water discharge permit 540
for a public discharger identified by I in the third character of 541
the permittee's NPDES permit number shall not exceed seven 542
hundred fifty dollars. 543
(2) A person applying for a plan approval for a wastewater 545
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 546
of the Revised Code shall pay a fee of one hundred dollars plus 547
sixty-five one-hundredths of one per cent of the estimated 548
project cost through June 30, 2000, and one hundred dollars plus 549
two-tenths of one per cent of the estimated project cost on and 550
after July 1, 2000, except that the total fee shall not exceed 552
fifteen thousand dollars through June 30, 2000, and five thousand 553
dollars on and after July 1, 2000. The fee shall be paid at the 554
time the application is submitted.
(3) A person issued a modification of a water discharge 556
permit shall pay a fee equal to one-half the fee that otherwise 557
would be charged for a water discharge permit, except that the 558
fee for the modification shall not exceed four hundred dollars. 559
(4) A person who has entered into an agreement with the 561
director under section 6111.14 of the Revised Code shall pay an 562
administrative service fee for each plan submitted under that 563
section for approval that shall not exceed the minimum amount 564
necessary to pay administrative costs directly attributable to 565
processing plan approvals. The director annually shall calculate 566
14
the fee and shall notify all persons who have entered into 567
agreements under that section, or who have applied for 568
agreements, of the amount of the fee. 569
(5)(a)(i) Not later than January 30, 1998, and January 30, 572
1999, a person holding an NPDES discharge permit issued pursuant 573
to Chapter 6111. of the Revised Code with an average daily 574
discharge flow of five thousand gallons or more shall pay a 575
nonrefundable annual discharge fee. Any person who fails to pay 576
the fee at that time shall pay an additional amount that equals 577
ten per cent of the required annual discharge fee. 578
(ii) The billing year for the annual discharge fee 580
established in division (L)(4)(5)(a)(i) of this section shall 582
consist of a twelve-month period beginning on the first day of 583
January of the year preceding the date when the annual discharge 585
fee is due. In the case of an existing source that permanently 586
ceases to discharge during a billing year, the director shall 587
reduce the annual discharge fee, including the surcharge 588
applicable to certain industrial facilities pursuant to division 589
(L)(4)(5)(c) of this section, by one-twelfth for each full month 590
during the billing year that the source was not discharging, but 591
only if the person holding the NPDES discharge permit for the 592
source notifies the director in writing, not later than the first 593
day of October of the billing year, of the circumstances causing 595
the cessation of discharge.
(iii) The annual discharge fee established in division 598
(L)(4)(5)(a)(i) of this section, except for the surcharge 599
applicable to certain industrial facilities pursuant to division 600
(L)(4)(5)(c) of this section, shall be based upon the average 603
daily discharge flow in gallons per day calculated using first
day of May through thirty-first day of October flow data for the 605
period two years prior to the date on which the fee is due. In 606
the case of NPDES discharge permits for new sources, the fee 608
operation shall be calculated using the average daily design flow 609
of the facility until actual average daily discharge flow values 610
15
are available for the time period specified in division 612
(L)(4)(5)(a)(iii) of this section. The annual discharge fee may 613
be prorated for a new source as described in division 614
(L)(4)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger 616
shall pay the fee specified in the following schedule: 617
Fee due by 619
Average daily January 30, 1998, 620
discharge flow and January 30, 1999 621
5,000 to 49,999 $ 180 624
50,000 to 100,000 450 625
100,001 to 250,000 900 626
250,001 to 1,000,000 2,250 627
1,000,001 to 5,000,000 4,500 628
5,000,001 to 10,000,000 9,000 629
10,000,001 to 20,000,000 13,500 630
20,000,001 to 50,000,000 22,500 631
50,000,001 to 100,000,000 36,000 632
100,000,001 or more 54,000 633
Public dischargers owning or operating two or more publicly 636
owned treatment works serving the same political subdivision, as 637
"treatment works" is defined in section 6111.01 of the Revised 638
Code, and that serve exclusively political subdivisions having a 640
population of fewer than one hundred thousand shall pay an annual 641
discharge fee under division (L)(5)(b) of this section that is 642
based on the combined average daily discharge flow of the 643
treatment works.
(c) An NPDES permit holder that is an industrial 645
discharger, other than a coal mining operator identified by P in 647
the third character of the permittee's NPDES permit number, shall 648
pay the fee specified in the following schedule:
Fee due by 650
Average daily January 30, 1998, 651
discharge flow and January 30, 1999 652
16
5,000 to 49,999 $ 180 655
50,000 to 250,000 900 656
250,001 to 1,000,000 2,250 657
1,000,001 to 5,000,000 4,500 658
5,000,001 to 10,000,000 6,750 659
10,000,001 to 20,000,000 9,000 660
20,000,001 to 100,000,000 10,800 661
100,000,001 to 250,000,000 12,600 662
250,000,001 or more 14,400 663
In addition to the fee specified in the above schedule, an 666
NPDES permit holder that is an industrial discharger classified 667
as a major discharger during all or part of the annual discharge 668
fee billing year specified in division (L)(4)(5)(a)(ii) of this 670
section shall pay a nonrefundable annual surcharge of six
thousand seven hundred fifty dollars not later than January 30, 671
1998, and not later than January 30, 1999. Any person who fails 673
to pay the surcharge at that time shall pay an additional amount 675
that equals ten per cent of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 677
section, a public discharger identified by I in the third 678
character of the permittee's NPDES permit number and an 679
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 680
the third character of the permittee's NPDES permit number shall 682
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1998, and not later than 684
January 30, 1999. Any person who fails to pay the fee at that 685
time shall pay an additional amount that equals ten per cent of 686
the required fee. 687
(6) The director shall transmit all moneys collected under 689
division (L) of this section to the treasurer of state for 690
deposit into the state treasury to the credit of the surface 691
water protection fund created in section 6111.038 of the Revised 692
Code. 693
(7) As used in division (L) of this section: 695
17
(a) "NPDES" means the federally approved national 697
pollutant discharge elimination system program for issuing, 698
modifying, revoking, reissuing, terminating, monitoring, and 699
enforcing permits and imposing and enforcing pretreatment 700
requirements under Chapter 6111. of the Revised Code and rules 701
adopted under it. 702
(b) "Public discharger" means any holder of an NPDES 704
permit identified by P in the second character of the NPDES 705
permit number assigned by the director. 706
(c) "Industrial discharger" means any holder of an NPDES 708
permit identified by I in the second character of the NPDES 709
permit number assigned by the director. 710
(d) "Major discharger" means any holder of an NPDES permit 712
classified as major by the regional administrator of the United 713
States environmental protection agency in conjunction with the 714
director. 715
(M) Through June 30, 2000, a person applying for a license 717
or license renewal to operate a public water system under section 718
6109.21 of the Revised Code shall pay the appropriate fee 719
established under this division at the time of application to the 720
director. Any person who fails to pay the fee at that time shall 721
pay an additional amount that equals ten per cent of the required 722
fee. The director shall transmit all moneys collected under this 723
division to the treasurer of state for deposit into the drinking 724
water protection fund created in section 6109.30 of the Revised 725
Code. 726
Fees required under this division shall be calculated and 728
paid in accordance with the following schedule: 729
(1) For the initial license required under division (A)(1) 731
of section 6109.21 of the Revised Code for any public water 732
system that is a community water system as defined in section 733
6109.01 of the Revised Code, and for each license renewal 734
required for such a system prior to January 31, 2000, the fee is: 736
18
Number of service connections 738
Fee amount
Not more than 49 $ 56 741
50 to 99 88 742
Number of service connections Average cost per connection 745
100 to 2,499 $ .96 747
2,500 to 4,999 .92 748
5,000 to 7,499 .88 749
7,500 to 9,999 .84 750
10,000 to 14,999 .80 751
15,000 to 24,999 .76 752
25,000 to 49,999 .72 753
50,000 to 99,999 .68 754
100,000 to 149,999 .64 755
150,000 to 199,999 .60 756
200,000 or more .56 757
A public water system may determine how it will pay the 760
total amount of the fee calculated under division (M)(1) of this 761
section, including the assessment of additional user fees that 762
may be assessed on a volumetric basis. 763
As used in division (M)(1) of this section, "service 765
connection" means the number of active or inactive pipes, 766
goosenecks, pigtails, and any other fittings connecting a water 767
main to any building outlet. 768
(2) For the initial license required under division (A)(2) 770
of section 6109.21 of the Revised Code for any public water 771
system that is not a community water system and serves a 772
nontransient population, and for each license renewal required 773
for such a system prior to January 31, 2000, the fee is: 774
Population served 776
Fee amount
Fewer than 150 $ 56 779
150 to 299 88 780
300 to 749 192 781
19
750 to 1,499 392 782
1,500 to 2,999 792 783
3,000 to 7,499 1,760 784
7,500 to 14,999 3,800 785
15,000 to 22,499 6,240 786
22,500 to 29,999 8,576 787
30,000 or more 11,600 788
As used in division (M)(2) of this section, "population 791
served" means the total number of individuals receiving water 792
from the water supply during a twenty-four-hour period for at 793
least sixty days during any calendar year. In the absence of a 794
specific population count, that number shall be calculated at the 795
rate of three individuals per service connection. 796
(3) For the initial license required under division (A)(3) 798
of section 6109.21 of the Revised Code for any public water 799
system that is not a community water system and serves a 800
transient population, and for each license renewal required for 801
such a system prior to January 31, 2000, the fee is: 802
Number of wells supplying system Fee amount 804
1 $ 56 807
2 56 808
3 88 809
4 192 810
5 392 811
System supplied by surface 814
springs or dug wells 792
As used in division (M)(3) of this section, "number of 817
wells supplying system" means those wells that are physically 818
connected to the plumbing system serving the public water system. 819
(N)(1) A person applying for a plan approval for a public 821
water supply system under section 6109.07 of the Revised Code 822
shall pay a fee of one hundred dollars plus two-tenths of one per 823
cent of the estimated project cost, except that the total fee 824
shall not exceed fifteen thousand dollars through June 30, 2000, 826
20
and five thousand dollars on and after July 1, 2000. The fee
shall be paid at the time the application is submitted. 827
(2) A person who has entered into an agreement with the 829
director under division (A)(2) of section 6109.07 of the Revised 830
Code shall pay an administrative service fee for each plan 831
submitted under that section for approval that shall not exceed 832
the minimum amount necessary to pay administrative costs directly 833
attributable to processing plan approvals. The director annually 834
shall calculate the fee and shall notify all persons that WHO 835
have entered into agreements under that division, or who have 836
applied for agreements, of the amount of the fee. 837
(3) Through June 30, 2000, the following fee, on a per 839
survey basis, shall be charged any person for services rendered 840
by the state in the evaluation of laboratories and laboratory 841
personnel for compliance with accepted analytical techniques and 842
procedures established pursuant to Chapter 6109. of the Revised 843
Code for determining the qualitative characteristics of water: 844
microbiological $1,650 846
organic chemical 3,500 847
inorganic chemical 3,500 848
standard chemistry 1,800 849
limited chemistry 1,000 850
On and after July 1, 2000, the following fee, on a per 853
survey basis, shall be charged any such person: 854
microbiological $250 856
chemical/radiological 250 857
nitrate/turbidity (only) 150 858
The fee for those services shall be paid at the time the request 861
for the survey is made. Through June 30, 2000, an individual 863
laboratory shall not be assessed a fee under this division more 864
than once in any three-year period. 865
The director shall transmit all moneys collected under this 867
division to the treasurer of state for deposit into the drinking 868
water protection fund created in section 6109.30 of the Revised 869
21
Code. 870
(O) Any person applying to the director for examination 872
for certification as an operator of a water supply system or 873
wastewater system under Chapter 6109. or 6111. of the Revised 874
Code, at the time the application is submitted, shall pay an 875
application fee of twenty-five dollars through June 30, 2000, and 878
ten dollars on and after July 1, 2000. Upon approval from the 879
director that the applicant is eligible to take the examination 880
therefor, the applicant shall pay a fee in accordance with the 881
following schedule through June 30, 2000: 882
Class I operator $45 884
Class II operator 55 885
Class III operator 65 886
Class IV operator 75 887
On and after July 1, 2000, the applicant shall pay a fee in 891
accordance with the following schedule:
Class I operator $25 893
Class II operator 35 894
Class III operator 45 895
Class IV operator 55 896
The director shall transmit all moneys collected under this 899
division to the treasurer of state for deposit into the drinking 900
water protection fund created in section 6109.30 of the Revised 901
Code. 902
(P) Through June 30, 2000, any person submitting an 904
application for an industrial water pollution control certificate 905
under section 6111.31 of the Revised Code shall pay a 906
nonrefundable fee of five hundred dollars at the time the 907
application is submitted. The director shall transmit all moneys 908
collected under this division to the treasurer of state for 909
deposit into the surface water protection fund created in section 910
6111.038 of the Revised Code. A person paying a certificate fee 911
under this division shall not pay an application fee under 912
division (S)(1) of this section. 913
22
(Q) Except as otherwise provided in division (R) of this 915
section, a person issued a permit by the director for a new solid 916
waste disposal facility other than an incineration or composting 917
facility, a new infectious waste treatment facility other than an 918
incineration facility, or a modification of such an existing 919
facility that includes an increase in the total disposal or 920
treatment capacity of the facility pursuant to Chapter 3734. of 921
the Revised Code shall pay a fee of ten dollars per thousand 922
cubic yards of disposal or treatment capacity, or one thousand 923
dollars, whichever is greater, except that the total fee for any 924
such permit shall not exceed eighty thousand dollars. A person 925
issued a modification of a permit for a solid waste disposal 926
facility or an infectious waste treatment facility that does not 927
involve an increase in the total disposal or treatment capacity 928
of the facility shall pay a fee of one thousand dollars. A 929
person issued a permit to install a new, or modify an existing, 930
solid waste transfer facility under that chapter shall pay a fee 931
of two thousand five hundred dollars. A person issued a permit 932
to install a new or to modify an existing solid waste 933
incineration or composting facility, or an existing infectious 934
waste treatment facility using incineration as its principal 935
method of treatment, under that chapter shall pay a fee of one 936
thousand dollars. The increases in the permit fees under this 937
division resulting from the amendments made by Amended Substitute 938
House Bill 592 of the 117th general assembly do not apply to any 939
person who submitted an application for a permit to install a 940
new, or modify an existing, solid waste disposal facility under 941
that chapter prior to September 1, 1987; any such person shall 942
pay the permit fee established in this division as it existed 943
prior to June 24, 1988. In addition to the applicable permit fee 944
under this division, a person issued a permit to install or 945
modify a solid waste facility or an infectious waste treatment 946
facility under that chapter who fails to pay the permit fee to 947
the director in compliance with division (V) of this section 948
23
shall pay an additional ten per cent of the amount of the fee for 949
each week that the permit fee is late. 950
Permit and late payment fees paid to the director under 952
this division shall be credited to the general revenue fund. 953
(R)(1) A person issued a registration certificate for a 955
scrap tire collection facility under section 3734.75 of the 956
Revised Code shall pay a fee of two hundred dollars, except that 957
if the facility is owned or operated by a motor vehicle salvage 958
dealer licensed under Chapter 4738. of the Revised Code, the 959
person shall pay a fee of twenty-five dollars. 960
(2) A person issued a registration certificate for a new 962
scrap tire storage facility under section 3734.76 of the Revised 963
Code shall pay a fee of three hundred dollars, except that if the 964
facility is owned or operated by a motor vehicle salvage dealer 965
licensed under Chapter 4738. of the Revised Code, the person 966
shall pay a fee of twenty-five dollars. 967
(3) A person issued a permit for a scrap tire storage 969
facility under section 3734.76 of the Revised Code shall pay a 970
fee of one thousand dollars, except that if the facility is owned 971
or operated by a motor vehicle salvage dealer licensed under 972
Chapter 4738. of the Revised Code, the person shall pay a fee of 973
fifty dollars. 974
(4) A person issued a permit for a scrap tire monocell or 976
monofill facility under section 3734.77 of the Revised Code shall 977
pay a fee of ten dollars per thousand cubic yards of disposal 978
capacity or one thousand dollars, whichever is greater, except 979
that the total fee for any such permit shall not exceed eighty 980
thousand dollars. 981
(5) A person issued a registration certificate for a scrap 983
tire recovery facility under section 3734.78 of the Revised Code 984
shall pay a fee of one hundred dollars. 985
(6) A person issued a permit for a scrap tire recovery 987
facility under section 3734.78 of the Revised Code shall pay a 988
fee of one thousand dollars. 989
24
(7) In addition to the applicable registration certificate 991
or permit fee under divisions (R)(1) to (6) of this section, a 992
person issued a registration certificate or permit for any such 993
scrap tire facility who fails to pay the registration certificate 994
or permit fee to the director in compliance with division (V) of 995
this section shall pay an additional ten per cent of the amount 996
of the fee for each week that the fee is late. 997
(8) The registration certificate, permit, and late payment 999
fees paid to the director under divisions (R)(1) to (7) of this 1,000
section shall be credited to the scrap tire management fund 1,001
created in section 3734.82 of the Revised Code. 1,002
(S)(1) Except as provided by divisions (L), (M), (N), (O), 1,004
(P), and (S)(2) of this section, division (A)(2) of section 1,005
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 1,006
and rules adopted under division (T)(1) of this section, any 1,007
person applying for a registration certificate under section 1,008
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 1,009
variance, or plan approval under Chapter 3734. of the Revised 1,010
Code shall pay a nonrefundable fee of fifteen dollars at the time 1,011
the application is submitted, and any person applying for a 1,012
permit, variance, or plan approval under Chapter 6109. or 6111. 1,013
of the Revised Code shall pay a nonrefundable fee of one hundred 1,014
dollars at the time the application is submitted through June 30, 1,015
2000, and a nonrefundable fee of fifteen dollars at the time the 1,017
application is submitted on and after July 1, 2000. 1,018
The director shall transmit all moneys collected under 1,020
division (S)(1) of this section pursuant to Chapter 6109. of the 1,021
Revised Code to the treasurer of state for deposit into the 1,022
drinking water protection fund created in section 6109.30 of the 1,023
Revised Code.
The director shall transmit all moneys collected under 1,025
division (S)(1) of this section pursuant to Chapter 6111. of the 1,026
Revised Code to the treasurer of state for deposit into the 1,027
surface water protection fund created in section 6111.038 of the 1,028
25
Revised Code.
If a registration certificate is issued under section 1,030
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 1,031
the application fee paid shall be deducted from the amount of the 1,032
registration certificate fee due under division (R)(1), (2), or 1,033
(5) of this section, as applicable. 1,034
(2) Division (S)(1) of this section does not apply to an 1,036
application for a registration certificate for a scrap tire 1,037
collection or storage facility submitted under section 3734.75 or 1,038
3734.76 of the Revised Code, as applicable, if the owner or 1,039
operator of the facility or proposed facility is a motor vehicle 1,040
salvage dealer licensed under Chapter 4738. of the Revised Code. 1,041
(T) The director may adopt, amend, and rescind rules in 1,043
accordance with Chapter 119. of the Revised Code that do all of 1,044
the following: 1,045
(1) Prescribe fees to be paid by applicants for and 1,047
holders of any license, permit, variance, plan approval, or 1,048
certification required or authorized by Chapter 3704., 3734., 1,049
6109., or 6111. of the Revised Code that are not specifically 1,050
established in this section. The fees shall be designed to 1,051
defray the cost of processing, issuing, revoking, modifying, 1,052
denying, and enforcing the licenses, permits, variances, plan 1,053
approvals, and certifications. 1,054
The director shall transmit all moneys collected under 1,056
rules adopted under division (T)(1) of this section pursuant to 1,057
Chapter 6109. of the Revised Code to the treasurer of state for 1,058
deposit into the drinking water protection fund created in 1,059
section 6109.30 of the Revised Code. 1,060
The director shall transmit all moneys collected under 1,062
rules adopted under division (T)(1) of this section pursuant to 1,063
Chapter 6111. of the Revised Code to the treasurer of state for 1,064
deposit into the surface water protection fund created in section 1,065
6111.038 of the Revised Code. 1,066
(2) Exempt the state and political subdivisions thereof, 1,068
26
including education facilities or medical facilities owned by the 1,069
state or a political subdivision, or any person exempted from 1,070
taxation by section 5709.07 or 5709.12 of the Revised Code, from 1,071
any fee required by this section; 1,072
(3) Provide for the waiver of any fee, or any part 1,074
thereof, otherwise required by this section whenever the director 1,075
determines that the imposition of the fee would constitute an 1,076
unreasonable cost of doing business for any applicant, class of 1,077
applicants, or other person subject to the fee; 1,078
(4) Prescribe measures that the director considers 1,080
necessary to carry out this section. 1,081
(U) When the director reasonably demonstrates that the 1,083
direct cost to the state associated with the issuance of a permit 1,084
to install, license, variance, plan approval, or certification 1,085
exceeds the fee for the issuance or review specified by this 1,086
section, the director may condition the issuance or review on the 1,087
payment by the person receiving the issuance or review of, in 1,088
addition to the fee specified by this section, the amount, or any 1,089
portion thereof, in excess of the fee specified under this 1,090
section. The director shall not so condition issuances for which 1,091
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 1,092
section. 1,093
(V) Except as provided in divisions (L), (M), and (P) of 1,095
this section or unless otherwise prescribed by a rule of the 1,096
director adopted pursuant to Chapter 119. of the Revised Code, 1,097
all fees required by this section are payable within thirty days 1,098
after the issuance of an invoice for the fee by the director or 1,099
the effective date of the issuance of the license, permit, 1,100
variance, plan approval, or certification. If payment is late, 1,101
the person responsible for payment of the fee shall pay an 1,102
additional ten per cent of the amount due for each month that it 1,103
is late. 1,104
(W) As used in this section, "fuel-burning equipment," 1,106
"fuel-burning equipment input capacity," "incinerator," 1,107
27
"incinerator input capacity," "process," "process weight rate," 1,108
"storage tank," "gasoline dispensing facility," "dry cleaning 1,109
facility," "design flow discharge," and "new source treatment 1,110
works" have the meanings ascribed to those terms by applicable 1,111
rules or standards adopted by the director under Chapter 3704. or 1,112
6111. of the Revised Code. 1,113
(X) As used in divisions (B), (C), (D), (E), (F), (H), 1,115
(I), and (J) of this section, and in any other provision of this 1,116
section pertaining to fees paid pursuant to Chapter 3704. of the 1,117
Revised Code: 1,118
(1) "Facility," "federal Clean Air Act," "person," and 1,120
"Title V permit" have the same meanings as in section 3704.01 of 1,121
the Revised Code. 1,122
(2) "Title V permit program" means the following 1,124
activities as necessary to meet the requirements of Title V of 1,125
the federal Clean Air Act and 40 C.F.R. part 70, including at 1,126
least: 1,127
(a) Preparing and adopting, if applicable, generally 1,129
applicable rules or guidance regarding the permit program or its 1,130
implementation or enforcement; 1,131
(b) Reviewing and acting on any application for a Title V 1,133
permit, permit revision, or permit renewal, including the 1,134
development of an applicable requirement as part of the 1,135
processing of a permit, permit revision, or permit renewal; 1,136
(c) Administering the permit program, including the 1,138
supporting and tracking of permit applications, compliance 1,139
certification, and related data entry; 1,140
(d) Determining which sources are subject to the program 1,142
and implementing and enforcing the terms of any Title V permit, 1,143
not including any court actions or other formal enforcement 1,144
actions; 1,145
(e) Emission and ambient monitoring; 1,147
(f) Modeling, analyses, or demonstrations; 1,149
(g) Preparing inventories and tracking emissions; 1,151
28
(h) Providing direct and indirect support to small 1,153
business stationary sources to determine and meet their 1,154
obligations under the federal Clean Air Act pursuant to the small 1,155
business stationary source technical and environmental compliance 1,156
assistance program required by section 507 of that act and 1,157
established in sections 3704.18, 3704.19, and 3706.19 of the 1,158
Revised Code. 1,159
(Y)(1) EXCEPT AS PROVIDED IN DIVISIONS (Y)(2), (3), AND 1,163
(4) OF THIS SECTION, EACH SEWAGE SLUDGE FACILITY SHALL PAY A 1,165
NONREFUNDABLE ANNUAL SLUDGE FEE EQUAL TO THREE DOLLARS AND FIFTY 1,166
CENTS PER DRY TON OF SEWAGE SLUDGE THAT THE SEWAGE SLUDGE 1,167
FACILITY TREATS OR DISPOSES OF IN THIS STATE. THE ANNUAL VOLUME 1,168
OF SEWAGE SLUDGE TREATED OR DISPOSED OF BY A SEWAGE SLUDGE 1,169
FACILITY SHALL BE CALCULATED USING THE FIRST DAY OF JANUARY 1,170
THROUGH THE THIRTY-FIRST DAY OF DECEMBER OF THE CALENDAR YEAR 1,172
PRECEDING THE DATE ON WHICH PAYMENT OF THE FEE IS DUE. 1,173
(2)(a) EACH ENTITY THAT GENERATES SEWAGE SLUDGE AND EACH 1,176
SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE SLUDGE SHALL PAY A 1,177
MINIMUM ANNUAL SEWAGE SLUDGE FEE OF ONE HUNDRED DOLLARS IF THE 1,178
ENTITY OR SEWAGE SLUDGE FACILITY ALSO IS REQUIRED TO PAY AN 1,179
ANNUAL DISCHARGE FEE UNDER DIVISION (L)(5)(a) OF THIS SECTION. 1,181
(b) THE ANNUAL SLUDGE FEE REQUIRED TO BE PAID BY A SEWAGE 1,184
SLUDGE FACILITY THAT TREATS OR DISPOSES OF EXCEPTIONAL QUALITY 1,185
SLUDGE IN THIS STATE SHALL BE THIRTY-FIVE PER CENT LESS PER DRY 1,186
TON OF EXCEPTIONAL QUALITY SLUDGE THAN THE FEE ASSESSED UNDER 1,187
DIVISION (Y)(1) OF THIS SECTION, SUBJECT TO THE FOLLOWING 1,189
EXCEPTIONS:
(i) A SEWAGE SLUDGE FACILITY THAT TREATS EXCEPTIONAL 1,192
QUALITY SLUDGE SHALL PAY ONE HUNDRED PER CENT OF THE MINIMUM 1,193
ANNUAL SEWAGE SLUDGE FEE ESTABLISHED BY DIVISION (Y)(2)(a) OF 1,195
THIS SECTION.
(ii) A SEWAGE SLUDGE FACILITY THAT TREATS OR DISPOSES OF 1,198
EXCEPTIONAL QUALITY SLUDGE SHALL NOT BE REQUIRED TO PAY THE 1,199
ANNUAL SLUDGE FEE FOR TREATMENT OR DISPOSAL IN THIS STATE OF 1,200
29
EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF THIS STATE AND 1,201
CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER THAN ONE 1,202
HUNDRED POUNDS IN CAPACITY.
(c) A SEWAGE SLUDGE FACILITY THAT TRANSFERS SEWAGE SLUDGE 1,205
TO A TREATMENT WORKS IN THIS STATE, AS "TREATMENT WORKS" IS 1,206
DEFINED IN SECTION 6111.01 OF THE REVISED CODE, OR TO ANOTHER 1,208
SEWAGE SLUDGE FACILITY IN THIS STATE FOR FURTHER TREATMENT PRIOR 1,209
TO DISPOSAL IN THIS STATE SHALL NOT BE REQUIRED TO PAY THE ANNUAL 1,210
SLUDGE FEE FOR THE TONS OF SEWAGE SLUDGE THAT HAVE BEEN 1,211
TRANSFERRED. IN SUCH A CASE, THE TREATMENT WORKS OR SEWAGE 1,212
SLUDGE FACILITY THAT DISPOSES OF THE SEWAGE SLUDGE SHALL PAY THE 1,213
ANNUAL SLUDGE FEE. 1,214
IN THE CASE OF A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE 1,216
SLUDGE IN THIS STATE AND TRANSFERS IT OUT OF THIS STATE TO 1,217
ANOTHER ENTITY FOR DISPOSAL, THE SEWAGE SLUDGE FACILITY IN THIS 1,218
STATE SHALL BE REQUIRED TO PAY THE ANNUAL SLUDGE FEE FOR THE TONS 1,220
OF SEWAGE SLUDGE THAT HAVE BEEN TRANSFERRED.
(3) NO SEWAGE SLUDGE FACILITY REQUIRED TO PAY THE ANNUAL 1,222
SLUDGE FEE SHALL BE REQUIRED TO PAY MORE THAN THE MAXIMUM ANNUAL 1,223
FEE FOR EACH DISPOSAL METHOD THAT THE SEWAGE SLUDGE FACILITY 1,224
USES. THE MAXIMUM ANNUAL FEE DOES NOT INCLUDE THE ADDITIONAL 1,225
AMOUNT THAT MAY BE CHARGED UNDER DIVISION (Y)(5) OF THIS SECTION 1,227
FOR LATE PAYMENT OF THE ANNUAL SLUDGE FEE. THE MAXIMUM ANNUAL 1,228
FEE FOR THE FOLLOWING METHODS OF DISPOSAL OF SEWAGE SLUDGE IS AS 1,229
FOLLOWS: 1,230
(a) INCINERATION: FIVE THOUSAND DOLLARS; 1,233
(b) DISPOSAL IN A LANDFILL: FIVE THOUSAND DOLLARS; 1,236
(c) LAND APPLICATION, LAND RECLAMATION, SURFACE DISPOSAL, 1,239
OR ANY OTHER DISPOSAL METHOD NOT SPECIFIED IN DIVISION (Y)(3)(a) 1,241
OR (b) OF THIS SECTION: TWENTY THOUSAND DOLLARS. 1,243
(4)(a) IN THE CASE OF AN ENTITY THAT GENERATES SEWAGE 1,246
SLUDGE OR A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE SLUDGE AND 1,247
TRANSFERS THE SEWAGE SLUDGE TO AN INCINERATION FACILITY FOR 1,248
DISPOSAL, THE INCINERATION FACILITY, AND NOT THE ENTITY 1,249
30
GENERATING THE SEWAGE SLUDGE OR THE SEWAGE SLUDGE FACILITY 1,250
TREATING THE SEWAGE SLUDGE, SHALL PAY THE ANNUAL SLUDGE FEE FOR 1,251
THE TONS OF SEWAGE SLUDGE THAT ARE TRANSFERRED.
(b) IN THE CASE OF AN ENTITY THAT GENERATES SEWAGE SLUDGE 1,254
OR A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE SLUDGE AND 1,255
TRANSFERS THE SEWAGE SLUDGE TO A LANDFILL FOR DISPOSAL, THE 1,256
ENTITY GENERATING THE SEWAGE SLUDGE OR THE SEWAGE SLUDGE FACILITY 1,257
TREATING THE SEWAGE SLUDGE, AND NOT THE LANDFILL, SHALL PAY THE 1,258
ANNUAL SLUDGE FEE FOR THE TONS OF SEWAGE SLUDGE THAT ARE 1,259
TRANSFERRED.
(5) NOT LATER THAN THE FIRST DAY OF APRIL OF THE CALENDAR 1,262
YEAR FOLLOWING THE EFFECTIVE DATE OF THIS AMENDMENT AND EACH 1,263
FIRST DAY OF APRIL THEREAFTER, THE DIRECTOR SHALL ISSUE INVOICES 1,264
TO PERSONS WHO ARE REQUIRED TO PAY THE ANNUAL SLUDGE FEE. THE 1,265
INVOICE SHALL IDENTIFY THE NATURE AND AMOUNT OF THE ANNUAL SLUDGE 1,266
FEE ASSESSED AND STATE THE FIRST DAY OF MAY AS THE DEADLINE FOR 1,268
RECEIPT BY THE DIRECTOR OF OBJECTIONS REGARDING THE AMOUNT OF THE
FEE AND THE FIRST DAY OF JULY AS THE DEADLINE FOR PAYMENT OF THE 1,271
FEE.
NOT LATER THAN THE FIRST DAY OF MAY FOLLOWING RECEIPT OF AN 1,274
INVOICE, A PERSON REQUIRED TO PAY THE ANNUAL SLUDGE FEE MAY 1,275
SUBMIT OBJECTIONS TO THE DIRECTOR CONCERNING THE ACCURACY OF 1,276
INFORMATION REGARDING THE NUMBER OF DRY TONS OF SEWAGE SLUDGE 1,277
USED TO CALCULATE THE AMOUNT OF THE ANNUAL SLUDGE FEE OR 1,278
REGARDING WHETHER THE SEWAGE SLUDGE QUALIFIES FOR THE EXCEPTIONAL 1,279
QUALITY SLUDGE DISCOUNT ESTABLISHED IN DIVISION (Y)(2)(b) OF THIS 1,282
SECTION. THE DIRECTOR MAY CONSIDER THE OBJECTIONS AND ADJUST THE 1,283
AMOUNT OF THE FEE TO ENSURE THAT IT IS ACCURATE.
IF THE DIRECTOR DOES NOT ADJUST THE AMOUNT OF THE ANNUAL 1,285
SLUDGE FEE IN RESPONSE TO A PERSON'S OBJECTIONS, THE PERSON MAY 1,286
APPEAL THE DIRECTOR'S DETERMINATION IN ACCORDANCE WITH CHAPTER 1,288
119. OF THE REVISED CODE. 1,290
NOT LATER THAN THE FIRST DAY OF JUNE, THE DIRECTOR SHALL 1,293
NOTIFY THE OBJECTING PERSON REGARDING WHETHER THE DIRECTOR HAS 1,294
31
FOUND THE OBJECTIONS TO BE VALID AND THE REASONS FOR THE FINDING. 1,295
IF THE DIRECTOR FINDS THE OBJECTIONS TO BE VALID AND ADJUSTS THE 1,296
AMOUNT OF THE ANNUAL SLUDGE FEE ACCORDINGLY, THE DIRECTOR SHALL 1,297
ISSUE WITH THE NOTIFICATION A NEW INVOICE TO THE PERSON 1,298
IDENTIFYING THE AMOUNT OF THE ANNUAL SLUDGE FEE ASSESSED AND 1,299
STATING THE FIRST DAY OF JULY AS THE DEADLINE FOR PAYMENT. 1,301
NOT LATER THAN THE FIRST DAY OF JULY, ANY PERSON WHO IS 1,304
REQUIRED TO DO SO SHALL PAY THE ANNUAL SLUDGE FEE. ANY PERSON 1,305
WHO IS REQUIRED TO PAY THE FEE, BUT WHO FAILS TO DO SO ON OR 1,306
BEFORE THAT DATE SHALL PAY AN ADDITIONAL AMOUNT THAT EQUALS TEN 1,307
PER CENT OF THE REQUIRED ANNUAL SLUDGE FEE.
(6) THE DIRECTOR SHALL TRANSMIT ALL MONEYS COLLECTED UNDER 1,310
DIVISION (Y) OF THIS SECTION TO THE TREASURER OF STATE FOR 1,311
DEPOSIT INTO THE SURFACE WATER PROTECTION FUND CREATED IN SECTION 1,312
6111.038 OF THE REVISED CODE. THE MONEYS SHALL BE USED TO DEFRAY 1,315
THE COSTS OF ADMINISTERING AND ENFORCING PROVISIONS IN CHAPTER 1,316
6111. OF THE REVISED CODE AND RULES ADOPTED UNDER IT THAT GOVERN 1,319
THE USE, STORAGE, TREATMENT, OR DISPOSAL OF SEWAGE SLUDGE. 1,320
(7) AS USED IN DIVISION (Y) OF THIS SECTION: 1,323
(a) "SEWAGE SLUDGE FACILITY" MEANS AN ENTITY THAT PERFORMS 1,326
TREATMENT ON OR IS RESPONSIBLE FOR THE DISPOSAL OF SEWAGE SLUDGE. 1,327
(b) "SEWAGE SLUDGE" MEANS A SOLID, SEMI-SOLID, OR LIQUID 1,330
RESIDUE GENERATED DURING THE TREATMENT OF DOMESTIC SEWAGE IN A 1,331
TREATMENT WORKS AS DEFINED IN SECTION 6111.01 OF THE REVISED 1,333
CODE. "SEWAGE SLUDGE" INCLUDES, BUT IS NOT LIMITED TO, SCUM OR 1,334
SOLIDS REMOVED IN PRIMARY, SECONDARY, OR ADVANCED WASTEWATER 1,335
TREATMENT PROCESSES AND A MATERIAL DERIVED FROM SEWAGE SLUDGE. 1,336
"SEWAGE SLUDGE" DOES NOT INCLUDE ASH GENERATED DURING THE FIRING 1,337
OF SEWAGE SLUDGE IN A SEWAGE SLUDGE INCINERATOR, GRIT AND 1,338
SCREENINGS GENERATED DURING PRELIMINARY TREATMENT OF DOMESTIC 1,339
SEWAGE IN A TREATMENT WORKS, ANIMAL MANURE, OR RESIDUE GENERATED 1,340
DURING TREATMENT OF ANIMAL MANURE. 1,341
(c) "EXCEPTIONAL QUALITY SLUDGE" MEANS SEWAGE SLUDGE THAT 1,344
MEETS ALL OF THE FOLLOWING QUALIFICATIONS: 1,345
32
(i) SATISFIES THE CLASS A PATHOGEN STANDARDS IN 40 C.F.R. 1,349
503.32(a); 1,350
(ii) SATISFIES ONE OF THE VECTOR ATTRACTION REDUCTION 1,353
REQUIREMENTS IN 40 C.F.R. 503.33(b)(1) TO (b)(8); 1,356
(iii) DOES NOT EXCEED THE CEILING CONCENTRATION 1,359
LIMITATIONS FOR METALS LISTED IN TABLE ONE OF 40 C.F.R. 503.13; 1,361
(iv) DOES NOT EXCEED THE CONCENTRATION LIMITATIONS FOR 1,364
METALS LISTED IN TABLE THREE OF 40 C.F.R. 503.13. 1,366
(d) "TREATMENT" MEANS THE PREPARATION OF SEWAGE SLUDGE FOR 1,369
FINAL USE OR DISPOSAL AND INCLUDES, BUT IS NOT LIMITED TO, 1,370
THICKENING, STABILIZATION, AND DEWATERING OF SEWAGE SLUDGE. 1,371
(e) "DISPOSAL" MEANS THE FINAL USE OF SEWAGE SLUDGE, 1,374
INCLUDING, BUT NOT LIMITED TO, LAND APPLICATION, LAND 1,375
RECLAMATION, SURFACE DISPOSAL, OR DISPOSAL IN A LANDFILL OR AN 1,376
INCINERATOR.
(f) "LAND APPLICATION" MEANS THE SPRAYING OR SPREADING OF 1,379
SEWAGE SLUDGE ONTO THE LAND SURFACE, THE INJECTION OF SEWAGE 1,380
SLUDGE BELOW THE LAND SURFACE, OR THE INCORPORATION OF SEWAGE 1,381
SLUDGE INTO THE SOIL FOR THE PURPOSES OF CONDITIONING THE SOIL OR 1,382
FERTILIZING CROPS OR VEGETATION GROWN IN THE SOIL. 1,383
(g) "LAND RECLAMATION" MEANS THE RETURNING OF DISTURBED 1,386
LAND TO PRODUCTIVE USE.
(h) "SURFACE DISPOSAL" MEANS THE PLACEMENT OF SLUDGE ON AN 1,389
AREA OF LAND FOR DISPOSAL, INCLUDING, BUT NOT LIMITED TO, 1,390
MONOFILLS, SURFACE IMPOUNDMENTS, LAGOONS, WASTE PILES, OR 1,391
DEDICATED DISPOSAL SITES.
(i) "INCINERATOR" MEANS AN ENTITY THAT DISPOSES OF SEWAGE 1,394
SLUDGE THROUGH THE COMBUSTION OF ORGANIC MATTER AND INORGANIC 1,395
MATTER IN SEWAGE SLUDGE BY HIGH TEMPERATURES IN AN ENCLOSED 1,396
DEVICE.
(j) "INCINERATION FACILITY" INCLUDES ALL INCINERATORS 1,399
OWNED OR OPERATED BY THE SAME ENTITY AND LOCATED ON A CONTIGUOUS 1,400
TRACT OF LAND. AREAS OF LAND ARE CONSIDERED TO BE CONTIGUOUS 1,401
EVEN IF THEY ARE SEPARATED BY A PUBLIC ROAD OR HIGHWAY. 1,402
33
(k) "ANNUAL SLUDGE FEE" MEANS THE FEE ASSESSED UNDER 1,405
DIVISION (Y)(1) OF THIS SECTION. 1,406
Sec. 6111.01. As used in Chapter 6111. of the Revised Code 1,416
THIS CHAPTER:
(A) "Pollution" means the placing of any sewage, SLUDGE, 1,419
SLUDGE MATERIALS, industrial waste, or other wastes in any waters 1,420
of the state.
(B) "Sewage" means any liquid waste containing SLUDGE, 1,422
SLUDGE MATERIALS, OR animal or vegetable matter in suspension or 1,424
solution, and may include household wastes as commonly discharged 1,426
from residences and from commercial, institutional, or similar 1,427
facilities.
(C) "Industrial waste" means any liquid, gaseous, or solid 1,429
waste substance resulting from any process of industry, 1,430
manufacture, trade, or business, or from the development, 1,431
processing, or recovery of any natural resource, together with 1,432
such sewage as is present. 1,433
(D) "Other wastes" means garbage, refuse, decayed wood, 1,435
sawdust, shavings, bark, and other wood debris, lime, sand, 1,436
ashes, offal, night soil, oil, tar, coal dust, dredged or fill 1,437
material, or silt, other substances that are not sewage, SLUDGE, 1,439
SLUDGE MATERIALS, or industrial waste, and any other "pollutants" 1,440
or "toxic pollutants" as defined in the "Federal Water Pollution 1,442
Control Act" that are not sewage, SLUDGE, SLUDGE MATERIALS, or 1,444
industrial waste.
(E) "Sewerage system" means pipelines or conduits, pumping 1,446
stations, and force mains, and all other constructions, devices, 1,447
appurtenances, and facilities used for collecting or conducting 1,448
water-borne sewage, industrial waste, or other wastes to a point 1,449
of disposal or treatment, but does not include plumbing fixtures, 1,450
building drains and subdrains, building sewers, and building 1,451
storm sewers. 1,452
(F) "Treatment works" means any plant, disposal field, 1,454
lagoon, dam, pumping station, building sewer connected directly 1,455
34
to treatment works, incinerator, or other works used for the 1,456
purpose of treating, stabilizing, BLENDING, COMPOSTING, or 1,457
holding sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or 1,458
other wastes, except as otherwise defined. 1,460
(G) "Disposal system" means a system for disposing of 1,462
sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or other 1,463
wastes, and includes sewerage systems and treatment works. 1,466
(H) "Waters of the state" means all streams, lakes, ponds, 1,468
marshes, watercourses, waterways, wells, springs, irrigation 1,469
systems, drainage systems, and all other bodies or accumulations 1,470
of water, surface and underground, natural or artificial, 1,471
regardless of the depth of the strata in which underground water 1,472
is located, which THAT are situated wholly or partly within, or 1,473
border upon, this state, or are within its jurisdiction, except 1,475
those private waters which THAT do not combine or effect a 1,476
junction with natural surface or underground waters. 1,478
(I) "Person" means the state, any municipal corporation, 1,480
OR OTHER political subdivision of the state, person as defined in 1,482
section 1.59 of the Revised Code, AN interstate body created by 1,483
compact, or the federal government or any department, agency, or 1,484
instrumentality thereof. 1,485
(J) "Industrial water pollution control facility" means 1,487
any disposal system or any treatment works, pretreatment works, 1,488
appliance, equipment, machinery, pipeline or conduit, pumping 1,489
station, force main, or installation constructed, used, or placed 1,490
in operation primarily for the purpose of collecting or 1,491
conducting industrial waste to a point of disposal or treatment; 1,492
reducing, controlling, or eliminating water pollution caused by 1,493
industrial waste; or for reducing, controlling, or eliminating 1,494
the discharge into a disposal system of industrial waste or what 1,495
would be industrial waste if discharged into the waters of the 1,496
state. 1,497
(K) "Schedule of compliance" means a schedule of remedial 1,499
measures including an enforceable sequence of actions or 1,500
35
operations leading to compliance with standards and rules adopted 1,501
under sections 6111.041 and 6111.042 of the Revised Code or 1,502
compliance with terms and conditions of permits set under 1,503
division (J) of section 6111.03 of the Revised Code. 1,504
(L) "Federal Water Pollution Control Act" means the 1,506
"Federal Water Pollution Control Act Amendments of 1972," 86 1,507
Stat. 886, 33 U.S.C.A. 1251, as amended by the "Clean Water Act 1,508
of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, AND ALL OTHER 1,509
AMENDMENTS TO THAT ACT. 1,510
(M) "SLUDGE" MEANS A SOLID, SEMI-SOLID, OR LIQUID RESIDUE 1,513
GENERATED DURING THE TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT 1,514
WORKS AND INCLUDES A SOLID, SEMI-SOLID, OR LIQUID RESIDUE THAT IS 1,515
GENERATED FROM AN INDUSTRIAL WASTEWATER TREATMENT PROCESS AND 1,516
THAT MAY BE APPLIED TO LAND FOR AGRONOMIC BENEFIT. "SLUDGE" DOES 1,517
NOT INCLUDE ASH GENERATED DURING THE FIRING OF SLUDGE IN A SLUDGE 1,518
INCINERATOR, GRIT AND SCREENING GENERATED DURING PRELIMINARY 1,519
TREATMENT OF SEWAGE IN A TREATMENT WORKS, ANIMAL MANURE, OR 1,520
RESIDUE GENERATED DURING TREATMENT OF ANIMAL MANURE. 1,522
(N) "SLUDGE MATERIALS" MEANS SOLID, SEMI-SOLID, OR LIQUID 1,525
MATERIALS DERIVED FROM SLUDGE AND INCLUDES PRODUCTS FROM A 1,526
TREATMENT WORKS THAT RESULT FROM THE TREATMENT, BLENDING, OR 1,527
COMPOSTING OF SLUDGE.
(O) "STORAGE OF SLUDGE" MEANS THE PLACEMENT OF SLUDGE ON 1,530
LAND ON WHICH THE SLUDGE REMAINS FOR NOT LONGER THAN TWO YEARS, 1,531
BUT DOES NOT INCLUDE THE PLACEMENT OF SLUDGE ON LAND FOR 1,532
TREATMENT.
(P) "SLUDGE DISPOSAL PROGRAM" MEANS ANY PROGRAM USED BY AN 1,535
ENTITY THAT BEGINS WITH THE GENERATION OF SLUDGE AND INCLUDES 1,536
TREATMENT OR DISPOSAL OF THE SLUDGE, AS "TREATMENT" AND 1,537
"DISPOSAL" ARE DEFINED IN DIVISION (Y) OF SECTION 3745.11 OF THE 1,538
REVISED CODE.
(Q) "AGRONOMIC BENEFIT" MEANS ANY PROCESS THAT PROMOTES OR 1,541
ENHANCES PLANT GROWTH AND INCLUDES, BUT IS NOT LIMITED TO, A 1,542
PROCESS THAT INCREASES SOIL FERTILITY AND MOISTURE RETENTION. 1,543
36
(R) "SLUDGE MANAGEMENT" MEANS THE USE, STORAGE, TREATMENT, 1,546
OR DISPOSAL OF, AND MANAGEMENT PRACTICES RELATED TO, SLUDGE AND 1,547
SLUDGE MATERIALS. 1,548
(S) "SLUDGE MANAGEMENT PERMIT" MEANS A PERMIT FOR SLUDGE 1,552
MANAGEMENT THAT IS ISSUED UNDER DIVISION (J) OF SECTION 6111.03 1,553
OF THE REVISED CODE. 1,554
Sec. 6111.03. The director of environmental protection may 1,564
do any of the following:
(A) Develop plans and programs for the prevention, 1,566
control, and abatement of new or existing pollution of the waters 1,567
of the state; 1,568
(B) Advise, consult, and cooperate with other agencies of 1,570
the state, the federal government, other states, and interstate 1,571
agencies and with affected groups, political subdivisions, and 1,572
industries in furtherance of the purposes of this chapter. 1,573
Before adopting, amending, or rescinding a standard or rule 1,574
pursuant to division (G) of this section or section 6111.041 or 1,576
6111.042 of the Revised Code, the director shall do all of the
following:
(1) Mail notice to each statewide organization that he THE 1,578
DIRECTOR determines represents persons who would be affected by 1,579
the proposed standard or rule, amendment thereto, or rescission 1,580
thereof at least thirty-five days before any public hearing 1,581
thereon;
(2) Mail a copy of each proposed standard or rule, 1,583
amendment thereto, or rescission thereof to any person who 1,584
requests a copy, within five days after receipt of the request 1,585
therefor;
(3) Consult with appropriate state and local government 1,587
agencies or their representatives, including statewide 1,588
organizations of local government officials, industrial 1,589
representatives, and other interested persons. 1,590
Although the director is expected to diligently discharge 1,592
these duties DILIGENTLY, failure to mail any such notice or copy 1,593
37
or to so consult with any person shall not invalidate any 1,595
proceeding or action of the director. 1,596
(C) Administer grants from the federal government and from 1,598
other sources, public or private, for carrying out any of its 1,599
functions, all such moneys to be deposited in the state treasury 1,600
and kept by the treasurer of state in a separate fund subject to 1,601
the lawful orders of the director; 1,602
(D) Administer state grants for the construction of sewage 1,604
and waste collection and treatment works; 1,605
(E) Encourage, participate in, or conduct studies, 1,607
investigations, research, and demonstrations relating to water 1,608
pollution, and the causes, prevention, control, and abatement 1,609
thereof, as is THAT ARE advisable and necessary for the discharge 1,611
of his duties under this chapter; 1,612
(F) Collect and disseminate information relating to water 1,614
pollution and prevention, control, and abatement thereof; 1,615
(G) Adopt, amend, and rescind rules in accordance with 1,617
Chapter 119. of the Revised Code governing the procedure for 1,618
hearings, the filing of reports, the issuance of permits, the 1,619
issuance of industrial water pollution control certificates, and 1,620
all other matters relating to procedure; 1,621
(H) Issue, modify, or revoke orders to prevent, control, 1,623
or abate water pollution BY SUCH MEANS as follows THE FOLLOWING: 1,625
(1) Prohibiting or abating discharges of sewage, 1,627
industrial waste, or other wastes into the waters of the state; 1,628
(2) Requiring the construction of new disposal systems or 1,630
any parts thereof, or the modification, extension, or alteration 1,631
of existing disposal systems or any parts thereof; 1,632
(3) Prohibiting additional connections to or extensions of 1,634
a sewerage system when the connections or extensions would result 1,636
in an increase in the polluting properties of the effluent from 1,637
the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted 1,639
under section 6111.041 or 6111.042 SECTIONS 6111.01 TO 6111.05 of 1,641
38
the Revised Code, or term or condition of a permit. 1,643
In the making of those orders, wherever compliance with a 1,645
rule adopted under section 6111.042 of the Revised Code is not 1,646
involved, consistent with the "Federal Water Pollution Control 1,647
Act," the director shall give consideration to, and base his THE 1,649
determination on, evidence relating to the technical feasibility 1,650
and economic reasonableness of complying with those orders and to 1,651
evidence relating to conditions calculated to result from 1,652
compliance with those orders, and their relation to benefits to 1,653
the people of the state to be derived from such compliance in 1,654
accomplishing the purposes of this chapter. 1,655
(I) Review plans, specifications, or other data relative 1,657
to disposal systems or any part thereof in connection with the 1,658
issuance of orders, permits, and industrial water pollution 1,659
control certificates under this chapter; 1,660
(J) Issue, revoke, modify, or deny SLUDGE MANAGEMENT 1,662
PERMITS AND permits for the discharge of sewage, industrial 1,665
waste, or other wastes into the waters of the state, and for the 1,666
installation or modification of disposal systems or any parts 1,667
thereof in compliance with all requirements of the "Federal Water 1,668
Pollution Control Act" and mandatory regulations adopted 1,669
thereunder, INCLUDING REGULATIONS ADOPTED UNDER SECTION 405 OF 1,670
THE FEDERAL WATER POLLUTION CONTROL ACT, and set terms and 1,671
conditions of permits, including schedules of compliance, where 1,672
necessary. The terms and conditions shall be designed to achieve 1,673
and maintain full compliance with the national effluent 1,674
limitations, national standards of performance for new sources, 1,675
and national toxic and pretreatment effluent standards set under 1,676
that act, and any other mandatory requirements of that act that 1,677
are imposed by regulation of the administrator of the United 1,678
States environmental protection agency. An IF AN APPLICANT FOR A 1,679
SLUDGE MANAGEMENT PERMIT ALSO APPLIES FOR A RELATED PERMIT FOR 1,680
THE DISCHARGE OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTES INTO 1,681
THE WATERS OF THE STATE, THE DIRECTOR MAY COMBINE THE TWO PERMITS 1,682
39
AND ISSUE ONE PERMIT TO THE APPLICANT.
AN application for a permit or renewal thereof shall be 1,685
denied if any of the following applies:
(1) The secretary of the army determines in writing that 1,687
anchorage or navigation would be substantially impaired thereby; 1,688
(2) The director determines that the proposed discharge or 1,690
source would conflict with an area wide AREAWIDE waste treatment 1,691
management plan adopted in accordance with section 208 of the 1,693
"Federal Water Pollution Control Act";
(3) The administrator of the United States environmental 1,695
protection agency objects in writing to the issuance or renewal 1,696
of the permit in accordance with section 402 (d) of the "Federal 1,697
Water Pollution Control Act"; 1,698
(4) The application is for the discharge of any 1,700
radiological, chemical, or biological warfare agent, or 1,701
high-level radioactive waste into the waters of the United 1,702
States. 1,703
To achieve and maintain applicable standards of quality for 1,705
the waters of the state adopted pursuant to section 6111.041 of 1,706
the Revised Code, the director shall impose, where necessary and 1,707
appropriate, as conditions of each permit, water quality related 1,708
effluent limitations in accordance with sections 301, 302, 306, 1,709
and 307, AND 405 of the "Federal Water Pollution Control Act" 1,712
and, to the extent consistent with that act, shall give 1,713
consideration to, and base his THE determination on, evidence 1,714
relating to the technical feasibility and economic reasonableness 1,715
of removing the polluting properties from those wastes and to 1,716
evidence relating to conditions calculated to result from that 1,717
action and their relation to benefits to the people of the state 1,718
and to accomplishment of the purposes of this chapter. 1,719
Where a discharge having a thermal component from a source 1,721
that is constructed or modified on or after October 18, 1972, 1,722
meets national or state effluent limitations or more stringent 1,723
permit conditions designed to achieve and maintain compliance 1,724
40
with applicable standards of quality for the waters of the state, 1,725
which limitations or conditions will ensure protection and 1,726
propagation of a balanced, indigenous population of shellfish, 1,727
fish, and wildlife in or on the body of water into which the 1,728
discharge is made, taking into account the interaction of the 1,729
thermal component with sewage, industrial waste, or other wastes, 1,730
the director shall not impose any more stringent limitation on 1,731
the thermal component of the discharge, as a condition of a 1,732
permit or renewal thereof for the discharge, during a ten-year 1,733
period beginning on the date of completion of the construction or 1,734
modification of the source, or during the period of depreciation 1,735
or amortization of the source for the purpose of section 167 or 1,736
169 of the Internal Revenue Code of 1954, whichever period ends 1,737
first. 1,738
The director shall specify in permits for the discharge of 1,740
sewage, industrial waste, and other wastes, the net volume, net 1,741
weight, duration, frequency, and, where necessary, concentration 1,742
of the sewage, industrial waste, and other wastes that may be 1,743
discharged into the waters of the state. The director shall 1,744
specify in those permits AND IN SLUDGE MANAGEMENT PERMITS that 1,745
the permit is conditioned upon payment of applicable fees as 1,747
required by section 3745.11 of the Revised Code and upon the 1,748
right of his THE DIRECTOR'S authorized representatives to enter 1,749
upon the premises of the person to whom the permit has been 1,750
issued for the purpose of determining compliance with this
chapter, rules adopted thereunder, or the terms and conditions of 1,751
a permit, order, or other determination. The director shall 1,752
issue or deny an application for a SLUDGE MANAGEMENT PERMIT OR A 1,753
permit for a new discharge, for the installation or modification 1,755
of a disposal system, or for THE renewal of a permit, within one 1,756
hundred eighty days of the date on which he receives a complete 1,757
application with all plans, specifications, construction 1,758
schedules, and other pertinent information required by the 1,759
director IS RECEIVED. The director may condition permits upon 1,761
41
the installation of discharge or water quality monitoring 1,762
equipment or devices and the filing of such periodic reports on 1,763
the amounts and contents of discharges and the quality of 1,764
receiving waters as THAT the director prescribes. The director 1,765
shall condition each permit for a government-owned disposal 1,766
system or any other publicly owned "treatment works" as defined 1,767
in the "Federal Water Pollution Control Act" upon the reporting 1,768
of new introductions of industrial waste or other wastes and 1,769
substantial changes in volume or character thereof being 1,770
introduced into those systems or works from "industrial users" as 1,771
defined in section 502 of that act, as necessary to comply with 1,772
section 402(b)(8) of that act; upon the identification of the 1,773
character and volume of pollutants subject to pretreatment 1,774
standards being introduced into the system or works; and upon the 1,775
existence of a program to ensure compliance with pretreatment 1,776
standards by "industrial users" of the system or works. In 1,777
requiring monitoring devices and reports, the director, to the 1,778
extent consistent with the "Federal Water Pollution Control Act," 1,780
shall give consideration to technical feasibility and economic 1,781
reasonableness and shall allow reasonable time for compliance. A 1,782
permit may be issued for a period not to exceed five years, and 1,783
may be renewed upon application for renewal and upon a finding by 1,785
the director that the permit holder is making satisfactory
progress toward the achievement of all applicable standards and 1,786
has complied with the terms and conditions of the existing 1,787
permit. A permit may be modified, suspended, or revoked for 1,788
cause, including, but not limited to, violation of any condition 1,789
of the permit, obtaining a permit by misrepresentation or failure 1,790
to disclose fully all relevant facts OF THE PERMITTED DISCHARGE 1,791
OR OF THE SLUDGE USE, STORAGE, TREATMENT, OR DISPOSAL PRACTICE, 1,793
or changes in any condition that requires either a temporary or 1,794
permanent reduction or elimination of the permitted discharge 1,795
ACTIVITY. No application shall be denied or permit revoked or 1,797
modified without a written order stating the findings upon which 1,798
42
the denial, revocation, or modification is based. A copy of the 1,799
order shall be sent to the applicant or permit holder by 1,800
certified mail.
(K) Institute or cause to be instituted in any court of 1,802
competent jurisdiction proceedings to compel compliance with this 1,804
chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307, and 1,805
308, AND 405 of the "Federal Water Pollution Control Act"; 1,808
(L) Issue, deny, revoke, or modify industrial water 1,810
pollution control certificates; 1,811
(M) Certify to the government of the United States or any 1,813
agency thereof that an industrial water pollution control 1,814
facility is in conformity with the state program or requirements 1,815
for THE control of water pollution whenever the certification may 1,816
be required for a taxpayer under the Internal Revenue Code of the 1,817
United States, as amended; 1,818
(N) Issue, modify, and revoke orders requiring any 1,820
"industrial user" of any publicly owned "treatment works" as 1,821
defined in sections 212(2) and 502(18) of the "Federal Water 1,822
Pollution Control Act" to comply with pretreatment standards; 1,823
establish and maintain records; make reports; install, use, and 1,824
maintain monitoring equipment or methods, including, where 1,825
appropriate, biological monitoring methods; sample discharges in 1,826
accordance with such methods, at such locations, at such 1,827
intervals, and in such A manner as THAT the director determines; 1,829
and provide such other information as THAT is necessary to 1,830
ascertain whether or not there is compliance with toxic and 1,832
pretreatment effluent standards. In issuing, modifying, and 1,833
revoking those orders, the director, to the extent consistent 1,834
with the "Federal Water Pollution Control Act," shall give 1,835
consideration to technical feasibility and economic 1,836
reasonableness and shall allow reasonable time for compliance. 1,837
(O) Exercise all incidental powers necessary to carry out 1,839
the purposes of this chapter; 1,840
43
(P) Certify or deny certification to any applicant for a 1,842
federal license or permit to conduct any activity that may result 1,844
in any discharge into the waters of the state that the discharge 1,845
will comply with the "Federal Water Pollution Control Act"; 1,846
(Q) Administer and enforce the publicly owned treatment 1,848
works pretreatment program in accordance with the "Federal Water 1,849
Pollution Control Act." In the administration of that program, 1,850
the director may do any of the following: 1,852
(1) Apply and enforce pretreatment standards; 1,854
(2) Approve and deny requests for approval of publicly 1,856
owned treatment works pretreatment programs, oversee those 1,857
programs, and implement, in whole or in part, those programs 1,858
under any of the following conditions: 1,859
(a) The director has denied a request for approval of the 1,861
publicly owned treatment works pretreatment program; 1,862
(b) The director has revoked the publicly owned treatment 1,864
works pretreatment program; 1,865
(c) There is no pretreatment program currently being 1,867
implemented by the publicly owned treatment works; 1,868
(d) The publicly owned treatment works has requested the 1,870
director to implement, in whole or in part, the pretreatment 1,871
program. 1,872
(3) Require that a publicly owned treatment works 1,874
pretreatment program be incorporated in a permit issued to a 1,875
publicly owned treatment works as required by the "Federal Water 1,876
Pollution Control Act," require compliance by publicly owned 1,877
treatment works with those programs, and require compliance by 1,878
industrial users with pretreatment standards; 1,879
(4) Approve and deny requests for authority to modify 1,881
categorical pretreatment standards to reflect removal of 1,882
pollutants achieved by publicly owned treatment works; 1,883
(5) Deny and recommend approval of requests for 1,885
fundamentally different factors variances submitted by industrial 1,886
users; 1,887
44
(6) Make determinations on categorization of industrial 1,889
users; 1,890
(7) Adopt, amend, or rescind rules and issue, modify, or 1,892
revoke orders necessary for the administration and enforcement of 1,893
the publicly owned treatment works pretreatment program. 1,894
Any approval of a publicly owned treatment works 1,896
pretreatment program may contain any terms and conditions, 1,897
including schedules of compliance, that are necessary to achieve 1,898
compliance with this chapter. 1,899
(R) Except as otherwise provied PROVIDED in this division, 1,901
adopt rules in accordance with Chapter 119. of the Revised Code 1,904
establishing procedures, methods, and equipment and other 1,905
requirements for equipment to prevent and contain discharges of 1,906
oil and hazardous substances into the waters of the state. The 1,907
rules shall be consistent with and equivalent in scope, content, 1,908
and coverage to section 311(j)(1)(c) of the "Federal Water 1,909
Pollution Control Act" and regulations adopted under it. The 1,910
director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling 1,911
and workover facilities as those terms are defined in that act 1,912
and regulations adopted under it. 1,913
(S) ADMINISTER AND ENFORCE A PROGRAM FOR THE REGULATION OF 1,916
SLUDGE MANAGEMENT IN THIS STATE. THE DIRECTOR SHALL HAVE 1,917
EXCLUSIVE AUTHORITY TO REGULATE SLUDGE MANAGEMENT IN THIS STATE. 1,918
THE PROGRAM SHALL BE CONSISTENT WITH SECTION 405 OF THE FEDERAL 1,920
WATER POLLUTION CONTROL ACT AND REGULATIONS ADOPTED UNDER IT AND 1,921
WITH THIS SECTION, EXCEPT THAT THE DIRECTOR MAY ADOPT RULES UNDER 1,922
DIVISION (S) OF THIS SECTION THAT ESTABLISH REQUIREMENTS THAT ARE 1,923
MORE STRINGENT THAN SECTION 405 OF THE FEDERAL WATER POLLUTION 1,924
CONTROL ACT AND REGULATIONS ADOPTED UNDER IT WITH REGARD TO 1,925
MONITORING SLUDGE AND SLUDGE MATERIALS AND ESTABLISHING 1,926
ACCEPTABLE SLUDGE MANAGEMENT PRACTICES AND POLLUTANT LEVELS IN 1,927
SLUDGE AND SLUDGE MATERIALS.
IN ADMINISTERING THE PROGRAM, THE DIRECTOR, IN ADDITION TO 1,930
45
EXERCISING THE AUTHORITY PROVIDED IN ANY OTHER APPLICABLE 1,931
SECTIONS OF THIS CHAPTER, MAY DO ANY OF THE FOLLOWING: 1,932
(1) DEVELOP PLANS AND PROGRAMS FOR THE DISPOSAL AND 1,934
UTILIZATION OF SLUDGE AND SLUDGE MATERIALS; 1,935
(2) ENCOURAGE, PARTICIPATE IN, OR CONDUCT STUDIES, 1,937
INVESTIGATIONS, RESEARCH, AND DEMONSTRATIONS RELATING TO THE 1,938
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT OF 1,940
SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON
THE AIR AND WATERS OF THE STATE; 1,941
(3) COLLECT AND DISSEMINATE INFORMATION RELATING TO THE 1,943
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT OF 1,945
SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON
THE AIR AND WATERS OF THE STATE; 1,946
(4) ISSUE, MODIFY, OR REVOKE ORDERS TO PREVENT, CONTROL, 1,948
OR ABATE THE USE AND DISPOSAL OF SLUDGE AND SLUDGE MATERIALS OR 1,949
THE EFFECTS OF THE USE OF SLUDGE AND SLUDGE MATERIALS ON LAND 1,950
LOCATED IN THE STATE AND ON THE AIR AND WATERS OF THE STATE; 1,952
(5) ADOPT AND ENFORCE, MODIFY, OR RESCIND RULES NECESSARY 1,954
FOR THE IMPLEMENTATION OF DIVISION (S) OF THIS SECTION. THE 1,955
RULES REASONABLY SHALL PROTECT PUBLIC HEALTH AND THE ENVIRONMENT, 1,956
ENCOURAGE THE BENEFICIAL REUSE OF SLUDGE AND SLUDGE MATERIALS, 1,957
AND MINIMIZE THE CREATION OF NUISANCE ODORS. 1,958
THE DIRECTOR MAY SPECIFY IN SLUDGE MANAGEMENT PERMITS THE 1,961
NET VOLUME, NET WEIGHT, QUALITY, AND POLLUTANT CONCENTRATION OF 1,963
THE SLUDGE OR SLUDGE MATERIALS THAT MAY BE USED, STORED, TREATED, 1,964
OR DISPOSED OF, AND THE MANNER AND FREQUENCY OF THE USE, STORAGE, 1,966
TREATMENT, OR DISPOSAL, TO PROTECT PUBLIC HEALTH AND THE
ENVIRONMENT FROM ADVERSE EFFECTS RELATING TO THOSE ACTIVITIES. 1,967
THE DIRECTOR SHALL IMPOSE OTHER TERMS AND CONDITIONS TO PROTECT 1,968
PUBLIC HEALTH AND THE ENVIRONMENT, MINIMIZE THE CREATION OF 1,969
NUISANCE ODORS, AND ACHIEVE COMPLIANCE WITH THIS CHAPTER AND 1,970
RULES ADOPTED UNDER IT AND, IN DOING SO, SHALL CONSIDER WHETHER 1,971
THE TERMS AND CONDITIONS ARE CONSISTENT WITH THE GOAL OF 1,972
ENCOURAGING THE BENEFICIAL REUSE OF SLUDGE AND SLUDGE MATERIALS. 1,973
46
THE DIRECTOR MAY CONDITION PERMITS ON THE IMPLEMENTATION OF 1,976
TREATMENT, STORAGE, DISPOSAL, DISTRIBUTION, OR APPLICATION
MANAGEMENT METHODS AND THE FILING OF PERIODIC REPORTS ON THE 1,977
AMOUNTS, COMPOSITION, AND QUALITY OF SLUDGE AND SLUDGE MATERIALS 1,978
THAT ARE DISPOSED OF, USED, TREATED, OR STORED. 1,979
AN APPROVAL OF A TREATMENT WORKS SLUDGE DISPOSAL PROGRAM 1,981
MAY CONTAIN ANY TERMS AND CONDITIONS, INCLUDING SCHEDULES OF 1,982
COMPLIANCE, NECESSARY TO ACHIEVE COMPLIANCE WITH THIS CHAPTER AND 1,984
RULES ADOPTED UNDER IT.
This chapter authorizes the state to participate in ANY 1,986
NATIONAL SLUDGE MANAGEMENT PROGRAM AND the national pollutant 1,987
discharge elimination system, to administer and enforce the 1,990
publicly owned treatment works pretreatment program, and to issue 1,991
permits for the discharge of dredged or fill materials, in 1,992
accordance with the "Federal Water Pollution Control Act." This 1,993
chapter shall be administered, consistent with the laws of this 1,994
state and federal law, in the same manner that the "Federal Water 1,995
Pollution Control Act" is required to be administered. 1,996
This section does not apply to animal waste treatment or 1,998
disposal works and related management and conservation practices 1,999
subject to rules adopted pursuant to division (E)(4) of section 2,000
1511.02 of the Revised Code and involving less than one thousand 2,001
animal units, as "animal units" is defined in the United States 2,002
environmental protection agency regulations. This exclusion does 2,003
not apply to animal waste treatment works having a controlled 2,004
direct discharge to the waters of the state or to the discharge 2,005
of animal waste into a publicly owned treatment works. 2,006
Sec. 6111.04. (A) BOTH OF THE FOLLOWING APPLY EXCEPT AS 2,015
OTHERWISE PROVIDED IN DIVISION (A) OR (F) OF THIS SECTION: 2,016
(1) No person shall cause pollution or place or cause to 2,019
be placed any sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, 2,020
or other wastes in a location where they cause pollution of any 2,021
waters of the state, and any such. 2,022
(2) AN action PROHIBITED UNDER DIVISION (A)(1) OF THIS 2,024
47
SECTION is hereby declared to be a public nuisance, except in 2,026
such cases where the director of environmental protection has 2,027
issued.
DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT APPLY IF 2,029
THE PERSON CAUSING POLLUTION OR PLACING OR CAUSING TO BE PLACED 2,030
WASTES IN A LOCATION IN WHICH THEY CAUSE POLLUTION OF ANY WATERS 2,031
OF THE STATE HOLDS a valid and, unexpired permit, or renewal 2,033
thereof OF A PERMIT, GOVERNING THE CAUSING OR PLACEMENT as 2,034
provided in sections 6111.01 to 6111.08 of the Revised Code, or 2,035
an IF THE PERSON'S application for renewal OF SUCH A PERMIT is 2,036
pending.
(B) IF THE DIRECTOR ADMINISTERS A SLUDGE MANAGEMENT 2,038
PROGRAM PURSUANT TO DIVISION (S) OF SECTION 6111.03 OF THE 2,039
REVISED CODE, BOTH OF THE FOLLOWING APPLY EXCEPT AS OTHERWISE 2,040
PROVIDED IN DIVISION (B) OR (F) OF THIS SECTION: 2,042
(1) NO PERSON, IN THE COURSE OF SLUDGE MANAGEMENT, SHALL 2,044
PLACE ON LAND LOCATED IN THE STATE OR RELEASE INTO THE AIR OF THE 2,045
STATE ANY SLUDGE OR SLUDGE MATERIALS. 2,046
(2) AN ACTION PROHIBITED UNDER DIVISION (B)(1) OF THIS 2,048
SECTION IS HEREBY DECLARED TO BE A PUBLIC NUISANCE. 2,049
DIVISIONS (B)(1) AND (2) OF THIS SECTION DO NOT APPLY IF 2,051
THE PERSON PLACING OR RELEASING THE SLUDGE OR SLUDGE MATERIALS 2,053
HOLDS A VALID, UNEXPIRED PERMIT, OR RENEWAL OF A PERMIT, 2,054
GOVERNING THE PLACEMENT OR RELEASE AS PROVIDED IN SECTIONS 2,055
6111.01 TO 6111.08 OF THE REVISED CODE OR IF THE PERSON'S
APPLICATION FOR RENEWAL OF SUCH A PERMIT IS PENDING. 2,056
(C) No person to whom a permit has been issued shall place 2,058
or discharge, or cause to be placed or discharged, in any waters 2,059
of the state any sewage, SLUDGE, SLUDGE MATERIALS, industrial 2,060
waste, or other wastes in excess of the permissive discharges 2,061
specified under such THE existing permit without first receiving 2,062
a permit from the director to do so. 2,064
No person who is discharging or causing the discharge of 2,066
any sewage, industrial waste, or other wastes into the waters of 2,067
48
the state shall continue or cause the continuance of such 2,068
discharge, without first obtaining a permit therefore issued by 2,070
the director. The director shall prescribe by rule a reasonable 2,071
filing period within which applications may be filed to obtain 2,072
permits for existing discharges that have not been authorized by 2,073
permit.
(D) NO PERSON TO WHOM A SLUDGE MANAGEMENT PERMIT HAS BEEN 2,075
ISSUED SHALL PLACE ON THE LAND OR RELEASE INTO THE AIR OF THE 2,076
STATE ANY SLUDGE OR SLUDGE MATERIALS IN EXCESS OF THE PERMISSIVE 2,077
AMOUNTS SPECIFIED UNDER THE EXISTING SLUDGE MANAGEMENT PERMIT 2,078
WITHOUT FIRST RECEIVING A MODIFICATION OF THE EXISTING SLUDGE 2,079
MANAGEMENT PERMIT OR A NEW SLUDGE MANAGEMENT PERMIT TO DO SO FROM 2,080
THE DIRECTOR. 2,081
(E) The director may require the submission of such plans, 2,083
specifications, and other information as he deems THAT THE 2,084
DIRECTOR CONSIDERS relevant in connection with the issuance of 2,085
permits.
(F) This section does not apply to ANY OF THE FOLLOWING: 2,087
(A)(1) Waters used in washing sand, gravel, other 2,089
aggregates, or mineral products, when such THE washing and the 2,090
ultimate disposal of the water used in such THE washing, 2,092
including any sewage, industrial waste, or other wastes contained 2,093
in such THE waters, are entirely confined to the land under the 2,095
control of the person engaged in the recovery and processing of 2,096
such THE sand, gravel, other aggregates, or mineral products, and 2,097
do not result in the pollution of waters of the state; 2,098
(B)(2) Water, gas, or other material injected into a well 2,100
to facilitate, or which THAT is incidental to, the production of 2,101
oil, gas, artificial brine, or water derived in association with 2,103
oil or gas production and disposed of in a well, in compliance 2,104
with a permit issued under Chapter 1509. of the Revised Code, or 2,105
sewage, industrial waste, or other wastes injected into a well in 2,106
compliance with an injection well operating permit. This 2,107
division DIVISION (F)(2) OF THIS SECTION does not authorize, 2,109
49
without a permit, any discharge that is prohibited by, or for 2,110
which a permit is required by, regulation of the United States 2,111
environmental protection agency.
(C)(3) Application of any materials to land for 2,113
agricultural purposes or runoff of such THOSE materials from such 2,114
THAT application or pollution by animal waste or soil sediment, 2,116
including attached substances, resulting from farming, 2,117
silvicultural, or earthmoving activities regulated by Chapter 2,118
307. or 1515. of the Revised Code. This division DIVISION (F)(3) 2,119
OF THIS SECTION does not authorize, without a permit, any 2,120
discharge from a treatment works for treating animal wastes 2,121
having a controlled direct discharge into the waters of the 2,123
state, or any discharge that is prohibited by, or for which a
permit is required by, regulation of the United States 2,124
environmental protection agency. 2,125
(D)(4) The excrement of domestic and farm animals 2,127
defecated on land or runoff therefrom into any waters of the 2,128
state. This division DIVISION (F)(4) OF THIS SECTION does not 2,129
authorize, without a permit, any discharge that is prohibited by, 2,131
or for which a permit is required by, regulation of the United 2,132
States environmental protection agency.
(E)(5) The discharge of sewage, industrial waste, or other 2,134
wastes into a sewerage system tributary to a treatment works. 2,135
This division DIVISION (F)(5) OF THIS SECTION does not authorize 2,137
any discharge into a publicly owned treatment works in violation 2,138
of a pretreatment program applicable to such THE publicly owned 2,139
treatment works.
(F)(6) Septic tanks or any other disposal systems for the 2,141
disposal or treatment of sewage from single-family, two-family, 2,142
or three-family dwellings in compliance with the sanitary code 2,143
and section 1541.21 or 3707.01 of the Revised Code. This 2,144
division DIVISION (F)(6) OF THIS SECTION does not authorize, 2,146
without a permit, any discharge that is prohibited by, or for 2,147
which a permit is required by, regulation of the United States 2,148
50
environmental protection agency.
(7) EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF THIS 2,150
STATE AND CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER THAN 2,151
ONE HUNDRED POUNDS IN CAPACITY. AS USED IN DIVISION (F)(7) OF 2,152
THIS SECTION, "EXCEPTIONAL QUALITY SLUDGE" HAS THE SAME MEANING 2,153
AS IN DIVISION (Y) OF SECTION 3745.11 OF THE REVISED CODE. 2,154
(G) The holder of a permit issued under section 402 (a) of 2,156
the "Federal Water Pollution Control Act" need not obtain a 2,157
permit for a discharge authorized by such THE permit until its 2,158
expiration date. The director of environmental protection shall 2,159
administer and enforce such THOSE permits within this state, and 2,161
may modify the THEIR terms and conditions thereof in accordance 2,163
with division (J) of section 6111.03 of the Revised Code. 2,164
Sec. 6111.042. In accordance with Chapter 119. of the 2,173
Revised Code, the director of environmental protection shall 2,174
adopt and enforce, and may modify and repeal RESCIND, rules 2,175
setting forth and requiring compliance with national effluent 2,177
limitations, national standards of performance for new sources, 2,178
and national toxic and pretreatment effluent standards, AND 2,179
NATIONAL SLUDGE USE AND DISPOSAL STANDARDS, as necessary in order 2,180
to insure ENSURE compliance with sections 301, 306, and 307, AND 2,182
405 of the "Federal Water Pollution Control Act". No person 2,183
shall violate any such rule, except in compliance with the terms 2,184
and conditions of a permit issued under section 6111.03 of the 2,185
Revised Code.
To the extent the effluent limitations adopted by the 2,187
administrator of the United States environmental protection 2,188
agency pursuant to section 304 of the "Federal Water Pollution 2,189
Control Act" are inapplicable, the director may establish on a 2,190
case-by-case basis effluent limitations in a permit issued under 2,191
section 6111.03 of the Revised Code, based upon best engineering 2,193
PROFESSIONAL judgment. In establishing such effluent 2,194
limitations, the director shall take BOTH OF THE FOLLOWING into 2,195
consideration:
51
(A) The appropriate technology for the category or class 2,197
of point sources of which the applicant is a member, based on all 2,198
available information, including the administrator's draft or 2,199
proposed development documents or guidance; the total cost of 2,200
achieving such THE limitations in relation to the effluent 2,201
reduction benefits to be achieved; the age of equipment and 2,203
facilities involved; the process employed; the engineering 2,204
aspects of the application of various types of control techniques 2,205
and process changes; nonwater quality environmental impact, 2,206
including energy requirements; and such other factors as THAT 2,207
would have been appropriate for the administrator to consider 2,209
pursuant to section 304 of the "Federal Water Pollution Control 2,210
Act";
(B) As to the applicant for the permit, any unique factors 2,212
regarding the considerations set forth in division (A) of this 2,213
section. 2,214
Sec. 6111.05. The director of environmental protection 2,223
may, on his THE DIRECTOR'S own initiative, MAY investigate or 2,225
make inquiries into any alleged act of pollution or failure to 2,227
comply with Chapter 6111. of the Revised Code, THIS CHAPTER or 2,228
any order, ANY rule, the terms and conditions of a permit, or ANY 2,230
other determination pursuant thereto. However, upon written 2,231
complaint by any person, the director shall conduct such ANY 2,232
investigations and make such ANY inquiries as THAT are required. 2,233
The director or his THE DIRECTOR'S duly authorized 2,235
representative may enter at reasonable times upon any private or 2,237
public property to inspect and investigate conditions relating to 2,238
POLLUTION OF ANY AIR OF THE STATE OR LAND LOCATED IN THE STATE 2,239
RELATED TO THE USE, STORAGE, TREATMENT, OR DISPOSAL OF SLUDGE OR 2,240
SLUDGE MATERIALS OR pollution of any waters of the state, inspect 2,241
any monitoring equipment, inspect the drilling, conversion, or 2,242
operation of any injection well, and sample any discharges, 2,243
including discharges by "industrial users" into a publicly owned 2,244
"treatment works" as such THOSE terms are defined in sections 212 2,246
52
and 502 of the "Federal Water Pollution Control Act," and may 2,247
apply to the court of common pleas having jurisdiction for a 2,248
warrant permitting such THE entrance and inspection. 2,249
Any authorized representative of the director may at 2,251
reasonable times MAY examine any records or memoranda pertaining 2,252
to SLUDGE MANAGEMENT, the operation of disposal systems, the 2,253
drilling, conversion, or operation of injection wells, or 2,255
discharges by "industrial users" into publicly owned "treatment 2,256
works" as defined in sections 212 and 501 of the "Federal Water 2,257
Pollution Control Act." The director may require the maintenance 2,258
of records relating to SLUDGE MANAGEMENT, DISCHARGES, OR the 2,259
operation of such disposal systems, OR injection wells, or 2,262
discharges. The director may make copies of such THE records. 2,264
Any authorized representative of a publicly owned "treatment
works" may enter at reasonable times upon the premises of any 2,265
"industrial user" that discharges into the works to inspect any 2,266
monitoring equipment or method of the user, to sample any 2,267
discharges of the user into the works, or to inspect any records 2,268
or memoranda pertaining to discharges by the user into the works, 2,269
in order to ascertain compliance by the user with applicable 2,270
pretreatment standards. The representative may make copies of 2,271
such THE records. Any records, reports, or information obtained 2,272
under Chapter 6111. of the Revised Code THIS CHAPTER shall be 2,273
available for public inspection, except that: 2,275
(A) Upon a showing satisfactory to the director of 2,277
environmental protection by any person that such THE records, 2,279
reports, or information, or any particular part thereof, other
than data concerning the amounts or contents of discharges or the 2,280
quality of the receiving waters, to which the director has access 2,281
under this chapter, if made public would divulge information 2,282
entitled to protection as trade secrets of such THE person, the 2,283
director shall consider such THE record, report, or information 2,284
or particular portion thereof confidential. Prior to divulging 2,285
any alleged trade secret information pursuant to this division, 2,286
53
the director shall give ten days' written notice to the person 2,287
claiming trade secrecy. 2,288
(B) Such THE record, report, or information may be 2,290
disclosed to other officers, employees, or authorized 2,291
representatives of the state, another state, or of the United 2,292
States, when necessary to sustain an action brought pursuant to 2,294
Chapter 6111. of the Revised Code THIS CHAPTER or during an 2,295
adjudication hearing, or when otherwise necessary to fulfill any 2,297
requirement of the "Federal Water Pollution Control Act." 2,298
No person to whom a permit has been issued shall refuse 2,300
entry to any authorized representative of the director or 2,301
willfully hinder or thwart such THE representative in the 2,302
exercise of any authority granted by this section. 2,304
The director or his THE DIRECTOR'S authorized 2,306
representative, or, where necessary to monitor compliance with 2,308
pretreatment standards, the authorized representative of a 2,309
publicly owned "treatment works," may apply for, and any judge of 2,310
a court of common pleas may issue, a warrant necessary to achieve 2,311
the purposes of this chapter. 2,312
Sec. 6111.07. (A) No person shall violate or fail to 2,321
perform any duty imposed by sections 6111.01 to 6111.08 of the 2,322
Revised Code, or violate any order, rule, or term or condition of 2,323
a permit issued OR ADOPTED by the director of environmental 2,324
protection pursuant to such THOSE sections. Each day of 2,326
violation is a separate offense. 2,328
(B) The attorney general, upon the written request of the 2,330
director of environmental protection, shall prosecute any person 2,331
who violates, or who fails to perform any duty imposed by, 2,332
sections 6111.01 to 6111.08 of the Revised Code, or who violates 2,333
any order, rule, or condition of a permit issued OR ADOPTED by 2,334
the director pursuant to such THOSE sections. 2,336
The attorney general, upon written request of the director 2,338
of environmental protection, shall bring an action for an 2,339
injunction against any person violating or threatening to violate 2,340
54
Chapter 6111., THIS CHAPTER or violating or threatening to 2,341
violate any order, or rule, or condition of a permit issued OR 2,343
ADOPTED by the director pursuant to Chapter 6111 THIS CHAPTER. 2,345
In an action for injunction to enforce any final order of the 2,347
director brought pursuant to this section, the finding by the 2,348
director, after hearing, is prima-facie evidence of the facts 2,349
found therein.
(C) No person KNOWINGLY shall knowingly submit false 2,351
information or records or fail to submit information or records 2,353
pertaining to discharges OF SEWAGE, INDUSTRIAL WASTES, OR OTHER 2,354
WASTES OR TO SLUDGE MANAGEMENT required as a condition of a 2,355
permit OR KNOWINGLY RENDER INACCURATE ANY MONITORING DEVICE OR 2,356
OTHER METHOD REQUIRED TO BE MAINTAINED BY THE DIRECTOR. 2,357
Sec. 6111.44. Except as otherwise provided in section 2,366
6111.14 of the Revised Code or in rules adopted under division 2,367
(G) of section 6111.03 of the Revised Code, no municipal 2,368
corporation, county, public institution, corporation, or officer 2,369
or employee thereof, or other person shall provide or install 2,370
sewerage or treatment works for sewage, SLUDGE, OR SLUDGE 2,371
MATERIALS disposal, OR TREATMENT or make a change in any sewerage 2,373
or sewage treatment works until the plans therefor have been 2,374
submitted to and approved by the director of environmental 2,375
protection. Sections 6111.44 to 6111.46 of the Revised Code 2,376
apply to sewerage and treatment works for sewage of a municipal 2,377
corporation or part thereof, an unincorporated community, a 2,378
county sewer district, or other land outside of a municipal 2,379
corporation or any publicly or privately owned building or group 2,380
of buildings or place, used for the assemblage, entertainment, 2,381
recreation, education, correction, hospitalization, housing, or 2,382
employment of persons, but do not apply to sewerage or treatment 2,383
works for sewage installed or to be installed for the use of a 2,384
private residence or dwelling, or to animal waste treatment or 2,385
disposal works and related management and conservation practices 2,386
THAT ARE subject to rules adopted pursuant to division (E)(4) of 2,387
55
section 1511.02 of the Revised Code and involving less than one 2,388
thousand animal units as animal units are defined in the United 2,389
States environmental protection agency regulations. This 2,390
exclusion does not apply to animal waste treatment works having a 2,391
controlled direct discharge to waters of the state. 2,392
In granting an approval, the director of environmental 2,394
protection may stipulate such modifications, conditions, and 2,395
rules as THAT the public health and prevention of pollution may 2,396
require. Any action taken by the director shall be a matter of 2,397
public record and shall be entered in his THE DIRECTOR'S journal. 2,399
Each period of thirty days that a violation of this section 2,400
continues, after a conviction for such THE violation, constitutes 2,401
a separate offense. 2,402
Sec. 6111.45. No municipal corporation, county, public 2,411
institution, corporation, or officer or employee thereof, or 2,412
other person shall establish as proprietor, agent, employee, 2,413
lessee, or tenant, any garbage disposal plant, shop, factory, 2,414
mill, industrial establishment, process, trade, or business, in 2,415
the operation of which an industrial waste is produced, or make a 2,416
change in or enlargement of a garbage disposal plant, shop, 2,417
factory, mill, industrial establishment, process, trade, or 2,418
business, whereby an industrial waste is produced or materially 2,419
increased or changed in character, or install works for the 2,420
treatment or disposal of any such waste until the plans for the 2,421
disposal of such THE waste have been submitted to and approved by 2,423
the director of environmental protection. As used in sections 2,424
6111.44 to 6111.46 of the Revised Code, "industrial waste" means 2,425
SLUDGE OR SLUDGE MATERIALS OR a water-carried or a liquid waste 2,427
resulting from any process of industry, manufacture, trade, or 2,429
business, or development of any natural resource. In granting an 2,430
approval, the agency may stipulate such modifications, 2,431
conditions, and regulations as RULES THAT the public health and 2,433
welfare may require. Any action taken by the director shall be a 2,434
matter of public record and shall be entered in his THE 2,435
56
DIRECTOR'S journal. Each period of thirty days that a violation 2,436
of this section continues, after a conviction of such THE 2,437
violation, constitutes a separate offense. 2,439
Sec. 6111.46. The environmental protection agency shall 2,448
exercise general supervision of the USE, STORAGE, TREATMENT, AND 2,449
disposal of sewage and industrial wastes and the operation and 2,451
maintenance of works or means installed for the collection, USE, 2,452
STORAGE, treatment, or AND disposal of sewage and industrial 2,454
wastes. Such general supervision shall apply to all features of 2,455
construction, operation, and maintenance of such THE works or 2,456
means which THAT do or may affect the proper USE, STORAGE, 2,457
treatment of, AND disposal of such sewage and industrial wastes. 2,460
The agency shall investigate the works or means employed in the 2,461
collection, USE, STORAGE, treatment, and disposal of sewage and 2,462
industrial wastes whenever deemed CONSIDERED necessary and OR 2,464
whenever requested to do so by local health officials; and, may 2,467
adopt and enforce orders and regulations RULES governing the 2,468
operation and maintenance of such THE works or means OF USE, 2,469
STORAGE, TREATMENT, AND DISPOSAL OF SUCH SEWAGE AND INDUSTRIAL 2,470
WASTES, and may require the submission of records and data of 2,472
construction, operation, and maintenance, including plans and 2,473
descriptions of existing works or means of USE, STORAGE, 2,474
TREATMENT, AND disposal of such sewage or AND INDUSTRIAL wastes. 2,475
When the agency requires the submission of such records or 2,478
information, the public officials or person, firm, or corporation 2,479
having the works in charge shall promptly comply PROMPTLY with 2,480
such THAT order.
Section 2. That existing sections 3709.085, 3745.11, 2,482
6111.01, 6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 6111.44, 2,484
6111.45, and 6111.46 of the Revised Code are hereby repealed. 2,485
Section 3. Section 3745.11 of the Revised Code is 2,487
presented in this act as a composite of the section as amended by 2,488
both Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General 2,489
Assembly, with the new language of neither of the acts shown in 2,491
57
capital letters. This is in recognition of the principle stated 2,492
in division (B) of section 1.52 of the Revised Code that such 2,493
amendments are to be harmonized where not substantively 2,494
irreconcilable and constitutes a legislative finding that such is 2,495
the resulting version in effect prior to the effective date of 2,496
this act.