As Reported by House Energy and Environment Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 197 5
1999-2000 6
REPRESENTATIVES 8
KREBS-ALLEN-OPFER-PRINGLE-TERWILLEGER-WILLIAMS-LOGAN
_________________________________________________________________ 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 and to enact
section 6111.039 of the Revised Code to authorize 14
the Director of Environmental Protection to issue 16
permits for the use, storage, treatment, or
disposal of sludge and sludge materials, to 17
impose an annual sludge fee, and to otherwise
regulate sludge and sludge materials. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3709.085, 3745.11, 6111.01, 22
6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 6111.44, 6111.45, 24
and 6111.46 be amended and section 6111.039 of the Revised Code 25
be enacted to read as follows:
Sec. 3709.085. (A) The board of health of a city or 34
general health district may enter into a contract with any 35
political subdivision or other governmental agency to obtain or 36
provide all or part of any services, including, but not limited 37
to, enforcement services, for the purposes of Chapter 3704. of 38
the Revised Code, the rules adopted and orders made pursuant 39
thereto, or any other ordinances or rules for the prevention, 40
control, and abatement of air pollution. 41
(B)(1) As used in division (B)(2) of this section: 43
(a) "Semipublic disposal system" means a disposal system 45
which THAT treats the sanitary sewage discharged from publicly or 47
2
privately owned buildings or places of assemblage, entertainment, 48
recreation, education, correction, hospitalization, housing, or 49
employment, but does not include a disposal system which THAT 50
treats sewage in amounts of more than twenty-five thousand 52
gallons per day; a disposal system for the treatment of sewage 53
that is exempt from the requirements of section 6111.04 of the 54
Revised Code pursuant to division (F)(6) of that section; or a 55
disposal system for the treatment of industrial waste. 56
(b) Terms defined in section 6111.01 of the Revised Code 58
have the same meaning MEANINGS as in that section. 59
(2) The board of health of a city or general health 61
district may enter into a contract with the environmental 62
protection agency to conduct on behalf of the agency inspection 63
or enforcement services, for the purposes of Chapter 6111. and 64
section 1541.21 of the Revised Code and rules adopted thereunder, 65
for the disposal or treatment of sewage from single-family, 66
two-family, or three-family dwellings located in special sanitary 67
districts designated by section 1541.21 of the Revised Code, for 68
the disposal or treatment of sewage from semipublic disposal 69
systems, or for both. The board of health of a city or general 70
health district may charge a fee established pursuant to section 71
3709.09 of the Revised Code to be paid by the holder of a permit 72
under Chapter 6111. of the Revised Code or the owner or resident 73
of any such dwelling located in a special sanitary district for 74
inspections conducted by the board pursuant to a contract entered 75
into under this division (B)(2) OF THIS SECTION, except that the 77
board shall not charge a fee for those inspections conducted at 78
any manufactured home park, recreational vehicle park, recreation 79
camp, or combined park-camp that is licensed under section 80
3733.03 of the Revised Code. 81
Sec. 3745.11. (A) Applicants for and holders of permits, 90
licenses, variances, plan approvals, and certifications issued by 91
the director of environmental protection pursuant to Chapters 92
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 93
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fee to the environmental protection agency for each such issuance 94
and each application for an issuance as provided by this section. 95
No fee shall be charged for any issuance for which no application 96
has been submitted to the director. 97
(B) Prior to January 1, 1994, each person issued a permit 99
to operate, variance, or permit to install under section 3704.03 100
of the Revised Code shall pay the fees specified in the following 101
schedule: 102
(1) Fuel-Burning Equipment 104
Input capacity 106
(million British Permit Permit 107
thermal units to to 109
per hour) operate Variance install 112
0 or more, but 115
less than 10 $ 75 $225 $ 100
10 or more, but 116
less than 100 210 450 390
100 or more, but 117
less than 300 270 675 585
300 or more, but 118
less than 500 330 900 780
500 or more 500 975 1000 119
Any fuel-burning equipment using only natural gas, propane, 122
liquefied petroleum gas, or number two or lighter fuel oil shall 123
be assessed a fee one-half of that shown. 124
(2) Incinerators 126
Input capacity Permit Permit 129
(pounds per to to 131
hour) operate Variance install 134
0 to 50 $ 50 $225 $ 65 137
51 to 500 210 450 390 138
501 to 2000 270 675 585 139
2001 to 30,000 330 900 780 140
more than 30,000 500 975 1000 141
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(3) Process 144
Process weight Permit Permit 147
rate to to 148
(pounds per hour) operate Variance install 151
0 to 1000 $100 $225 $ 200 154
1001 to 5000 210 450 390 155
5001 to 10,000 270 675 585 156
10,001 to 50,000 330 900 780 157
more than 50,000 500 975 1000 158
In any process where process weight rate cannot be 161
ascertained, the minimum fee shall be assessed. 162
(4) Storage tanks 164
Gallons Permit to Permit to 167
(capacity) operate Variance install 169
less than 40,000 $150 $225 $ 195 172
40,000 or more, but 173
less than 100,000 210 450 390
100,000 or more, but 174
less than 400,000 270 675 585
400,000 or more, but 175
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 176
(5) Gasoline 179
Gasoline dispensing Permit to Permit to 182
facilities operate Variance install 184
For each gasoline 187
dispensing
facility $20 $100 $50
(6) Dry cleaning 190
Dry cleaning Permit to Permit to 193
facilities operate Variance install 195
For each dry 198
cleaning facility $50 $200 $100
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(7) Coal mining operations regulated under Chapter 1513. 201
of the Revised Code shall be assessed a fee of two hundred fifty 202
dollars per mine or location. 203
(C)(1) Except as otherwise provided in division (C)(2) of 205
this section, beginning July 1, 1994, each person who owns or 206
operates an air contaminant source and who is required to apply 207
for and obtain a Title V permit under section 3704.036 of the 208
Revised Code shall pay the fees set forth in division (C)(1) of 209
this section. For the purposes of that division, total emissions 210
of air contaminants may be calculated using engineering 211
calculations, emissions factors, material balance calculations, 212
or performance testing procedures, as authorized by the director. 213
The following fees shall be assessed on the total actual 215
emissions from a source in tons per year of the regulated 216
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 217
organic compounds, and lead: 218
(a) Fifteen dollars per ton on the total actual emissions 220
of each such regulated pollutant during the period July through 221
December 1993, to be collected no sooner than July 1, 1994; 222
(b) Twenty dollars per ton on the total actual emissions 224
of each such regulated pollutant during calendar year 1994, to be 225
collected no sooner than April 15, 1995; 226
(c) Twenty-five dollars per ton on the total actual 228
emissions of each such regulated pollutant in calendar year 1995, 229
and each subsequent calendar year, to be collected no sooner than 230
the fifteenth day of April of the year next succeeding the 231
calendar year in which the emissions occurred. 232
The fees levied under division (C)(1) of this section do 234
not apply to that portion of the emissions of a regulated 235
pollutant at a facility that exceed four thousand tons during a 236
calendar year. 237
(2) The fees assessed under division (C)(1) of this 239
section are for the purpose of providing funding for the Title V 240
permit program. 241
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(3) The fees assessed under division (C)(1) of this 243
section do not apply to emissions from any electric generating 244
unit designated as a Phase I unit under Title IV of the federal 245
Clean Air Act prior to calendar year 2000. Those fees shall be 246
assessed on the emissions from such a generating unit commencing 247
in calendar year 2001 based upon the total actual emissions from 248
the generating unit during calendar year 2000. 249
(4) The director shall issue invoices to owners or 251
operators of air contaminant sources who are required to pay a 252
fee assessed under division (C) or (D) of this section. Any such 253
invoice shall be issued no sooner than the applicable date when 254
the fee first may be collected in a year under the applicable 255
division, shall identify the nature and amount of the fee 256
assessed, and shall indicate that the fee is required to be paid 257
within thirty days after the issuance of the invoice. 258
(D) Beginning January 1, 1994, each person who owns or 260
operates an air contaminant source; who is required to apply for 261
a permit to operate pursuant to rules adopted under division (G), 262
or a variance pursuant to division (H), of section 3704.03 of the 263
Revised Code; and who is not required to apply for and obtain a 264
Title V permit under section 3704.036 of the Revised Code shall 265
pay a single fee based upon the sum of the actual annual 266
emissions from the facility of the regulated pollutants 267
particulate matter, sulfur dioxide, nitrogen oxides, organic 269
compounds, and lead in accordance with the following schedule: 270
Total tons per year 272
of regulated pollutants Annual fee per facility 274
emitted
More than 0, but less than 50 $ 75 277
50 or more, but less than 100 300 278
100 or more 700 279
The fees assessed under this division shall be collected 282
annually no sooner than the fifteenth day of April, commencing in 283
1995. The fee assessed under this division in a calendar year 284
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shall be based upon the sum of the actual emissions of those 285
regulated pollutants during the preceding calendar year. For the 286
purpose of this division, emissions of air contaminants may be 287
calculated using engineering calculations, emission factors, 288
material balance calculations, or performance testing procedures, 289
as authorized by the director. The director, by rule, may 290
require persons who are required to pay the fees assessed under 291
this division to pay those fees biennially rather than annually. 292
(E)(1) Consistent with the need to cover the reasonable 294
costs of the Title V permit program, the director annually shall 295
increase the fees prescribed in division (C)(1) of this section 296
by the percentage, if any, by which the consumer price index for 297
the most recent calendar year ending before the beginning of a 298
year exceeds the consumer price index for calendar year 1989. 299
Upon calculating an increase in fees authorized by division 300
(E)(1) of this section, the director shall compile revised fee 301
schedules for the purposes of division (C)(1) of this section and 302
shall make the revised schedules available to persons required to 303
pay the fees assessed under that division and to the public. 304
(2) For the purposes of division (E)(1) of this section: 306
(a) The consumer price index for any year is the average 308
of the consumer price index for all urban consumers published by 309
the United States department of labor as of the close of the 310
twelve-month period ending on the thirty-first day of August of 311
that year; 312
(b) If the 1989 consumer price index is revised, the 314
director shall use the revision of the consumer price index that 315
is most consistent with that for calendar year 1989. 316
(F) Each person who is issued a permit to install pursuant 318
to rules adopted under division (F) of section 3704.03 of the 319
Revised Code on or after January 1, 1994, shall pay the fees 320
specified in the following schedules: 321
(1) 323
(1) Fuel-burning equipment (boilers) 325
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Input capacity (maximum) 327
(million British thermal units per Permit to install 328
hour)
Greater than 0, but less than 10 $ 200 329
10 or more, but less than 100 400 330
100 or more, but less than 300 800 331
300 or more, but less than 500 1500 332
500 or more, but less than 1000 2500 333
1000 or more, but less than 5000 4000 334
5000 or more 6000 335
Units burning exclusively natural gas, number two fuel oil, 338
or both shall be assessed a fee that is one-half the applicable 339
amount shown in division (F)(1) of this section. 340
(2) 342
(2) Incinerators 344
Input capacity (pounds per hour) Permit to install 346
0 to 100 $ 100 347
101 to 500 400 348
501 to 2000 750 349
2001 to 20,000 1000 350
more than 20,000 2500 351
(3) 354
(3)(a) Process 356
Process weight rate (pounds per Permit to install 358
hour)
0 to 1000 $ 200 359
1001 to 5000 400 360
5001 to 10,000 600 361
10,001 to 50,000 800 362
more than 50,000 1000 363
In any process where process weight rate cannot be 366
ascertained, the minimum fee shall be assessed. 367
(b) Notwithstanding division (F)(3)(a) of this section, 369
any person issued a permit to install pursuant to rules adopted 370
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under division (F) of section 3704.03 of the Revised Code shall 371
pay the fees set forth in division (F)(3)(c) of this section for 372
a process used in any of the following industries, as identified 373
by the applicable four-digit standard industrial classification 374
code according to the Standard Industrial Classification Manual 375
published by the United States office of management and budget in 376
the executive office of the president, 1972, as revised: 377
1211 Bituminous coal and lignite mining; 379
1213 Bituminous coal and lignite mining services; 381
1411 Dimension stone; 383
1422 Crushed and broken limestone; 385
1427 Crushed and broken stone, not elsewhere classified; 387
1442 Construction sand and gravel; 389
1446 Industrial sand; 391
3281 Cut stone and stone products; 393
3295 Minerals and earth, ground or otherwise treated. 395
(c) The fees set forth in the following schedule apply to 397
the issuance of a permit to install pursuant to rules adopted 398
under division (F) of section 3704.03 of the Revised Code for a 399
process identified in division (F)(3)(b) of this section: 400
Process weight rate Permit to install 402
(pounds per hour)
0 to 10,000 $200 403
10,001 to 50,000 300 404
50,001 to 100,000 400 405
100,001 to 200,000 500 406
200,001 to 400,000 600 407
400,001 or more 700 408
(4) 411
(4) Storage tanks 413
Gallons (maximum useful Permit to install 415
capacity)
0 to 20,000 $100 416
20,001 to 40,000 150 417
10
40,001 to 100,000 200 418
100,001 to 250,000 250 419
250,001 to 500,000 350 420
500,001 to 1,000,000 500 421
1,000,001 or greater 750 422
(5) 425
(5) Gasoline/fuel dispensing facilities 427
For each gasoline/fuel Permit to install 429
dispensing facility
(includes all units at $100 430
the facility)
(6) 433
(6) Dry cleaning facilities 435
For each dry cleaning Permit to install 437
facility
(includes all units at $100 438
the facility)
(7) 441
(7) Registration status 443
Permit to install 445
For each source covered 446
by registration status $75
(G) An owner or operator who is responsible for an 449
asbestos demolition or renovation project pursuant to rules 450
adopted under section 3704.03 of the Revised Code shall pay the 451
fees set forth in the following schedule: 452
Action Fee 454
Each notification $75 455
Asbestos removal $3/unit 456
Asbestos cleanup $4/cubic yard 457
For purposes of this division, "unit" means any combination of 460
linear feet or square feet equal to fifty. 461
(H) A person who is issued an extension of time for a 463
permit to install an air contaminant source pursuant to rules 464
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adopted under division (F) of section 3704.03 of the Revised Code 465
shall pay a fee equal to one-half the fee originally assessed for 466
the permit to install under this section, except that the fee for 467
such an extension shall not exceed two hundred dollars. 468
(I) A person who is issued a modification to a permit to 470
install an air contaminant source pursuant to rules adopted under 471
section 3704.03 of the Revised Code shall pay a fee equal to 472
one-half of the fee that would be assessed under this section to 473
obtain a permit to install the source. The fee assessed by this 474
division only applies to modifications that are initiated by the 475
owner or operator of the source and shall not exceed two thousand 476
dollars. 477
(J) Notwithstanding division (B) or (F) of this section, a 479
person who applies for or obtains a permit to install pursuant to 480
rules adopted under division (F) of section 3704.03 of the 481
Revised Code after the date actual construction of the source 482
began shall pay a fee for the permit to install that is equal to 483
twice the fee that otherwise would be assessed under the 484
applicable division unless the applicant received authorization 485
to begin construction under division (W) of section 3704.03 of 486
the Revised Code. This division only applies to sources for 487
which actual construction of the source begins on or after July 488
1, 1993. The imposition or payment of the fee established in 489
this division does not preclude the director from taking any 490
administrative or judicial enforcement action under this chapter, 491
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 492
rule adopted under any of them, in connection with a violation of 493
rules adopted under division (F) of section 3704.03 of the 494
Revised Code. 495
As used in this division, "actual construction of the 497
source" means the initiation of physical on-site construction 498
activities in connection with improvements to the source that are 499
permanent in nature, including, without limitation, the 500
installation of building supports and foundations and the laying 501
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of underground pipework. 502
(K) Fifty cents per ton of each fee assessed under 504
division (C) of this section on actual emissions from a source 505
and received by the environmental protection agency pursuant to 506
that division shall be deposited into the state treasury to the 507
credit of the small business assistance fund created in section 508
3706.19 of the Revised Code. The remainder of the moneys 509
received by the division pursuant to that division and moneys 510
received by the agency pursuant to divisions (D), (F), (G), (H), 511
(I), and (J) of this section shall be deposited in the state 512
treasury to the credit of the clean air fund created in section 513
3704.035 of the Revised Code. 514
(L)(1)(a) Except as otherwise provided in division 516
(L)(1)(b) or (c) of this section, a person issued a water 517
discharge permit or renewal of a water discharge permit pursuant 518
to Chapter 6111. of the Revised Code shall pay a fee based on 519
each point source to which the issuance is applicable in 520
accordance with the following schedule: 521
Design flow discharge (gallons per day) Fee 523
0 to 1000 $ 0 526
1,001 to 5000 100 527
5,001 to 50,000 200 528
50,001 to 100,000 300 529
100,001 to 300,000 525 530
over 300,000 750 531
(b) Notwithstanding the fee schedule specified in division 534
(L)(1)(a) of this section, the fee for a water discharge permit 535
that is applicable to coal mining operations regulated under 536
Chapter 1513. of the Revised Code shall be two hundred fifty 537
dollars per mine. 538
(c) Notwithstanding the fee schedule specified in division 540
(L)(1)(a) of this section, the fee for a water discharge permit 541
for a public discharger identified by I in the third character of 542
the permittee's NPDES permit number shall not exceed seven 543
13
hundred fifty dollars. 544
(2) A person applying for a plan approval for a wastewater 546
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 547
of the Revised Code shall pay a fee of one hundred dollars plus 548
sixty-five one-hundredths of one per cent of the estimated 549
project cost through June 30, 2000, and one hundred dollars plus 550
two-tenths of one per cent of the estimated project cost on and 551
after July 1, 2000, except that the total fee shall not exceed 553
fifteen thousand dollars through June 30, 2000, and five thousand 554
dollars on and after July 1, 2000. The fee shall be paid at the 555
time the application is submitted.
(3) A person issued a modification of a water discharge 557
permit shall pay a fee equal to one-half the fee that otherwise 558
would be charged for a water discharge permit, except that the 559
fee for the modification shall not exceed four hundred dollars. 560
(4) A person who has entered into an agreement with the 562
director under section 6111.14 of the Revised Code shall pay an 563
administrative service fee for each plan submitted under that 564
section for approval that shall not exceed the minimum amount 565
necessary to pay administrative costs directly attributable to 566
processing plan approvals. The director annually shall calculate 567
the fee and shall notify all persons who have entered into 568
agreements under that section, or who have applied for 569
agreements, of the amount of the fee. 570
(5)(a)(i) Not later than January 30, 1998, and January 30, 573
1999, a person holding an NPDES discharge permit issued pursuant 574
to Chapter 6111. of the Revised Code with an average daily 575
discharge flow of five thousand gallons or more shall pay a 576
nonrefundable annual discharge fee. Any person who fails to pay 577
the fee at that time shall pay an additional amount that equals 578
ten per cent of the required annual discharge fee. 579
(ii) The billing year for the annual discharge fee 581
established in division (L)(4)(5)(a)(i) of this section shall 583
consist of a twelve-month period beginning on the first day of 584
14
January of the year preceding the date when the annual discharge 586
fee is due. In the case of an existing source that permanently 587
ceases to discharge during a billing year, the director shall 588
reduce the annual discharge fee, including the surcharge 589
applicable to certain industrial facilities pursuant to division 590
(L)(4)(5)(c) of this section, by one-twelfth for each full month 591
during the billing year that the source was not discharging, but 592
only if the person holding the NPDES discharge permit for the 593
source notifies the director in writing, not later than the first 594
day of October of the billing year, of the circumstances causing 596
the cessation of discharge.
(iii) The annual discharge fee established in division 599
(L)(4)(5)(a)(i) of this section, except for the surcharge 600
applicable to certain industrial facilities pursuant to division 601
(L)(4)(5)(c) of this section, shall be based upon the average 604
daily discharge flow in gallons per day calculated using first
day of May through thirty-first day of October flow data for the 606
period two years prior to the date on which the fee is due. In 607
the case of NPDES discharge permits for new sources, the fee 609
operation shall be calculated using the average daily design flow 610
of the facility until actual average daily discharge flow values 611
are available for the time period specified in division 613
(L)(4)(5)(a)(iii) of this section. The annual discharge fee may 614
be prorated for a new source as described in division 615
(L)(4)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger 617
shall pay the fee specified in the following schedule: 618
Fee due by 620
Average daily January 30, 1998, 621
discharge flow and January 30, 1999 622
5,000 to 49,999 $ 180 625
50,000 to 100,000 450 626
100,001 to 250,000 900 627
250,001 to 1,000,000 2,250 628
15
1,000,001 to 5,000,000 4,500 629
5,000,001 to 10,000,000 9,000 630
10,000,001 to 20,000,000 13,500 631
20,000,001 to 50,000,000 22,500 632
50,000,001 to 100,000,000 36,000 633
100,000,001 or more 54,000 634
Public dischargers owning or operating two or more publicly 637
owned treatment works serving the same political subdivision, as 638
"treatment works" is defined in section 6111.01 of the Revised 639
Code, and that serve exclusively political subdivisions having a 641
population of fewer than one hundred thousand shall pay an annual 642
discharge fee under division (L)(5)(b) of this section that is 643
based on the combined average daily discharge flow of the 644
treatment works.
(c) An NPDES permit holder that is an industrial 646
discharger, other than a coal mining operator identified by P in 648
the third character of the permittee's NPDES permit number, shall 649
pay the fee specified in the following schedule:
Fee due by 651
Average daily January 30, 1998, 652
discharge flow and January 30, 1999 653
5,000 to 49,999 $ 180 656
50,000 to 250,000 900 657
250,001 to 1,000,000 2,250 658
1,000,001 to 5,000,000 4,500 659
5,000,001 to 10,000,000 6,750 660
10,000,001 to 20,000,000 9,000 661
20,000,001 to 100,000,000 10,800 662
100,000,001 to 250,000,000 12,600 663
250,000,001 or more 14,400 664
In addition to the fee specified in the above schedule, an 667
NPDES permit holder that is an industrial discharger classified 668
as a major discharger during all or part of the annual discharge 669
fee billing year specified in division (L)(4)(5)(a)(ii) of this 671
16
section shall pay a nonrefundable annual surcharge of six
thousand seven hundred fifty dollars not later than January 30, 672
1998, and not later than January 30, 1999. Any person who fails 674
to pay the surcharge at that time shall pay an additional amount 676
that equals ten per cent of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 678
section, a public discharger identified by I in the third 679
character of the permittee's NPDES permit number and an 680
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 681
the third character of the permittee's NPDES permit number shall 683
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1998, and not later than 685
January 30, 1999. Any person who fails to pay the fee at that 686
time shall pay an additional amount that equals ten per cent of 687
the required fee. 688
(6) The director shall transmit all moneys collected under 690
division (L) of this section to the treasurer of state for 691
deposit into the state treasury to the credit of the surface 692
water protection fund created in section 6111.038 of the Revised 693
Code. 694
(7) As used in division (L) of this section: 696
(a) "NPDES" means the federally approved national 698
pollutant discharge elimination system program for issuing, 699
modifying, revoking, reissuing, terminating, monitoring, and 700
enforcing permits and imposing and enforcing pretreatment 701
requirements under Chapter 6111. of the Revised Code and rules 702
adopted under it. 703
(b) "Public discharger" means any holder of an NPDES 705
permit identified by P in the second character of the NPDES 706
permit number assigned by the director. 707
(c) "Industrial discharger" means any holder of an NPDES 709
permit identified by I in the second character of the NPDES 710
permit number assigned by the director. 711
(d) "Major discharger" means any holder of an NPDES permit 713
17
classified as major by the regional administrator of the United 714
States environmental protection agency in conjunction with the 715
director. 716
(M) Through June 30, 2000, a person applying for a license 718
or license renewal to operate a public water system under section 719
6109.21 of the Revised Code shall pay the appropriate fee 720
established under this division at the time of application to the 721
director. Any person who fails to pay the fee at that time shall 722
pay an additional amount that equals ten per cent of the required 723
fee. The director shall transmit all moneys collected under this 724
division to the treasurer of state for deposit into the drinking 725
water protection fund created in section 6109.30 of the Revised 726
Code. 727
Fees required under this division shall be calculated and 729
paid in accordance with the following schedule: 730
(1) For the initial license required under division (A)(1) 732
of section 6109.21 of the Revised Code for any public water 733
system that is a community water system as defined in section 734
6109.01 of the Revised Code, and for each license renewal 735
required for such a system prior to January 31, 2000, the fee is: 737
Number of service connections Fee amount 739
Not more than 49 $ 56 742
50 to 99 88 743
Number of service connections Average cost per connection 746
100 to 2,499 $ .96 748
2,500 to 4,999 .92 749
5,000 to 7,499 .88 750
7,500 to 9,999 .84 751
10,000 to 14,999 .80 752
15,000 to 24,999 .76 753
25,000 to 49,999 .72 754
50,000 to 99,999 .68 755
100,000 to 149,999 .64 756
150,000 to 199,999 .60 757
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200,000 or more .56 758
A public water system may determine how it will pay the 761
total amount of the fee calculated under division (M)(1) of this 762
section, including the assessment of additional user fees that 763
may be assessed on a volumetric basis. 764
As used in division (M)(1) of this section, "service 766
connection" means the number of active or inactive pipes, 767
goosenecks, pigtails, and any other fittings connecting a water 768
main to any building outlet. 769
(2) For the initial license required under division (A)(2) 771
of section 6109.21 of the Revised Code for any public water 772
system that is not a community water system and serves a 773
nontransient population, and for each license renewal required 774
for such a system prior to January 31, 2000, the fee is: 775
Population served Fee amount 777
Fewer than 150 $ 56 780
150 to 299 88 781
300 to 749 192 782
750 to 1,499 392 783
1,500 to 2,999 792 784
3,000 to 7,499 1,760 785
7,500 to 14,999 3,800 786
15,000 to 22,499 6,240 787
22,500 to 29,999 8,576 788
30,000 or more 11,600 789
As used in division (M)(2) of this section, "population 792
served" means the total number of individuals receiving water 793
from the water supply during a twenty-four-hour period for at 794
least sixty days during any calendar year. In the absence of a 795
specific population count, that number shall be calculated at the 796
rate of three individuals per service connection. 797
(3) For the initial license required under division (A)(3) 799
of section 6109.21 of the Revised Code for any public water 800
system that is not a community water system and serves a 801
19
transient population, and for each license renewal required for 802
such a system prior to January 31, 2000, the fee is: 803
Number of wells supplying system Fee amount 805
1 $ 56 808
2 56 809
3 88 810
4 192 811
5 392 812
System supplied by surface 815
springs or dug wells 792
As used in division (M)(3) of this section, "number of 818
wells supplying system" means those wells that are physically 819
connected to the plumbing system serving the public water system. 820
(N)(1) A person applying for a plan approval for a public 822
water supply system under section 6109.07 of the Revised Code 823
shall pay a fee of one hundred dollars plus two-tenths of one per 824
cent of the estimated project cost, except that the total fee 825
shall not exceed fifteen thousand dollars through June 30, 2000, 827
and five thousand dollars on and after July 1, 2000. The fee
shall be paid at the time the application is submitted. 828
(2) A person who has entered into an agreement with the 830
director under division (A)(2) of section 6109.07 of the Revised 831
Code shall pay an administrative service fee for each plan 832
submitted under that section for approval that shall not exceed 833
the minimum amount necessary to pay administrative costs directly 834
attributable to processing plan approvals. The director annually 835
shall calculate the fee and shall notify all persons that WHO 836
have entered into agreements under that division, or who have 837
applied for agreements, of the amount of the fee. 838
(3) Through June 30, 2000, the following fee, on a per 840
survey basis, shall be charged any person for services rendered 841
by the state in the evaluation of laboratories and laboratory 842
personnel for compliance with accepted analytical techniques and 843
procedures established pursuant to Chapter 6109. of the Revised 844
20
Code for determining the qualitative characteristics of water: 845
microbiological $1,650 847
organic chemical 3,500 848
inorganic chemical 3,500 849
standard chemistry 1,800 850
limited chemistry 1,000 851
On and after July 1, 2000, the following fee, on a per 854
survey basis, shall be charged any such person: 855
microbiological $250 857
chemical/radiological 250 858
nitrate/turbidity (only) 150 859
The fee for those services shall be paid at the time the request 862
for the survey is made. Through June 30, 2000, an individual 864
laboratory shall not be assessed a fee under this division more 865
than once in any three-year period. 866
The director shall transmit all moneys collected under this 868
division to the treasurer of state for deposit into the drinking 869
water protection fund created in section 6109.30 of the Revised 870
Code. 871
(O) Any person applying to the director for examination 873
for certification as an operator of a water supply system or 874
wastewater system under Chapter 6109. or 6111. of the Revised 875
Code, at the time the application is submitted, shall pay an 876
application fee of twenty-five dollars through June 30, 2000, and 879
ten dollars on and after July 1, 2000. Upon approval from the 880
director that the applicant is eligible to take the examination 881
therefor, the applicant shall pay a fee in accordance with the 882
following schedule through June 30, 2000: 883
Class I operator $45 885
Class II operator 55 886
Class III operator 65 887
Class IV operator 75 888
On and after July 1, 2000, the applicant shall pay a fee in 892
accordance with the following schedule:
21
Class I operator $25 894
Class II operator 35 895
Class III operator 45 896
Class IV operator 55 897
The director shall transmit all moneys collected under this 900
division to the treasurer of state for deposit into the drinking 901
water protection fund created in section 6109.30 of the Revised 902
Code. 903
(P) Through June 30, 2000, any person submitting an 905
application for an industrial water pollution control certificate 906
under section 6111.31 of the Revised Code shall pay a 907
nonrefundable fee of five hundred dollars at the time the 908
application is submitted. The director shall transmit all moneys 909
collected under this division to the treasurer of state for 910
deposit into the surface water protection fund created in section 911
6111.038 of the Revised Code. A person paying a certificate fee 912
under this division shall not pay an application fee under 913
division (S)(1) of this section. 914
(Q) Except as otherwise provided in division (R) of this 916
section, a person issued a permit by the director for a new solid 917
waste disposal facility other than an incineration or composting 918
facility, a new infectious waste treatment facility other than an 919
incineration facility, or a modification of such an existing 920
facility that includes an increase in the total disposal or 921
treatment capacity of the facility pursuant to Chapter 3734. of 922
the Revised Code shall pay a fee of ten dollars per thousand 923
cubic yards of disposal or treatment capacity, or one thousand 924
dollars, whichever is greater, except that the total fee for any 925
such permit shall not exceed eighty thousand dollars. A person 926
issued a modification of a permit for a solid waste disposal 927
facility or an infectious waste treatment facility that does not 928
involve an increase in the total disposal or treatment capacity 929
of the facility shall pay a fee of one thousand dollars. A 930
person issued a permit to install a new, or modify an existing, 931
22
solid waste transfer facility under that chapter shall pay a fee 932
of two thousand five hundred dollars. A person issued a permit 933
to install a new or to modify an existing solid waste 934
incineration or composting facility, or an existing infectious 935
waste treatment facility using incineration as its principal 936
method of treatment, under that chapter shall pay a fee of one 937
thousand dollars. The increases in the permit fees under this 938
division resulting from the amendments made by Amended Substitute 939
House Bill 592 of the 117th general assembly do not apply to any 940
person who submitted an application for a permit to install a 941
new, or modify an existing, solid waste disposal facility under 942
that chapter prior to September 1, 1987; any such person shall 943
pay the permit fee established in this division as it existed 944
prior to June 24, 1988. In addition to the applicable permit fee 945
under this division, a person issued a permit to install or 946
modify a solid waste facility or an infectious waste treatment 947
facility under that chapter who fails to pay the permit fee to 948
the director in compliance with division (V) of this section 949
shall pay an additional ten per cent of the amount of the fee for 950
each week that the permit fee is late. 951
Permit and late payment fees paid to the director under 953
this division shall be credited to the general revenue fund. 954
(R)(1) A person issued a registration certificate for a 956
scrap tire collection facility under section 3734.75 of the 957
Revised Code shall pay a fee of two hundred dollars, except that 958
if the facility is owned or operated by a motor vehicle salvage 959
dealer licensed under Chapter 4738. of the Revised Code, the 960
person shall pay a fee of twenty-five dollars. 961
(2) A person issued a registration certificate for a new 963
scrap tire storage facility under section 3734.76 of the Revised 964
Code shall pay a fee of three hundred dollars, except that if the 965
facility is owned or operated by a motor vehicle salvage dealer 966
licensed under Chapter 4738. of the Revised Code, the person 967
shall pay a fee of twenty-five dollars. 968
23
(3) A person issued a permit for a scrap tire storage 970
facility under section 3734.76 of the Revised Code shall pay a 971
fee of one thousand dollars, except that if the facility is owned 972
or operated by a motor vehicle salvage dealer licensed under 973
Chapter 4738. of the Revised Code, the person shall pay a fee of 974
fifty dollars. 975
(4) A person issued a permit for a scrap tire monocell or 977
monofill facility under section 3734.77 of the Revised Code shall 978
pay a fee of ten dollars per thousand cubic yards of disposal 979
capacity or one thousand dollars, whichever is greater, except 980
that the total fee for any such permit shall not exceed eighty 981
thousand dollars. 982
(5) A person issued a registration certificate for a scrap 984
tire recovery facility under section 3734.78 of the Revised Code 985
shall pay a fee of one hundred dollars. 986
(6) A person issued a permit for a scrap tire recovery 988
facility under section 3734.78 of the Revised Code shall pay a 989
fee of one thousand dollars. 990
(7) In addition to the applicable registration certificate 992
or permit fee under divisions (R)(1) to (6) of this section, a 993
person issued a registration certificate or permit for any such 994
scrap tire facility who fails to pay the registration certificate 995
or permit fee to the director in compliance with division (V) of 996
this section shall pay an additional ten per cent of the amount 997
of the fee for each week that the fee is late. 998
(8) The registration certificate, permit, and late payment 1,000
fees paid to the director under divisions (R)(1) to (7) of this 1,001
section shall be credited to the scrap tire management fund 1,002
created in section 3734.82 of the Revised Code. 1,003
(S)(1) Except as provided by divisions (L), (M), (N), (O), 1,005
(P), and (S)(2) of this section, division (A)(2) of section 1,006
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 1,007
and rules adopted under division (T)(1) of this section, any 1,008
person applying for a registration certificate under section 1,009
24
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 1,010
variance, or plan approval under Chapter 3734. of the Revised 1,011
Code shall pay a nonrefundable fee of fifteen dollars at the time 1,012
the application is submitted, and any person applying for a 1,013
permit, variance, or plan approval under Chapter 6109. or 6111. 1,014
of the Revised Code shall pay a nonrefundable fee of one hundred 1,015
dollars at the time the application is submitted through June 30, 1,016
2000, and a nonrefundable fee of fifteen dollars at the time the 1,018
application is submitted on and after July 1, 2000. 1,019
The director shall transmit all moneys collected under 1,021
division (S)(1) of this section pursuant to Chapter 6109. of the 1,022
Revised Code to the treasurer of state for deposit into the 1,023
drinking water protection fund created in section 6109.30 of the 1,024
Revised Code.
The director shall transmit all moneys collected under 1,026
division (S)(1) of this section pursuant to Chapter 6111. of the 1,027
Revised Code to the treasurer of state for deposit into the 1,028
surface water protection fund created in section 6111.038 of the 1,029
Revised Code.
If a registration certificate is issued under section 1,031
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 1,032
the application fee paid shall be deducted from the amount of the 1,033
registration certificate fee due under division (R)(1), (2), or 1,034
(5) of this section, as applicable. 1,035
(2) Division (S)(1) of this section does not apply to an 1,037
application for a registration certificate for a scrap tire 1,038
collection or storage facility submitted under section 3734.75 or 1,039
3734.76 of the Revised Code, as applicable, if the owner or 1,040
operator of the facility or proposed facility is a motor vehicle 1,041
salvage dealer licensed under Chapter 4738. of the Revised Code. 1,042
(T) The director may adopt, amend, and rescind rules in 1,044
accordance with Chapter 119. of the Revised Code that do all of 1,045
the following: 1,046
(1) Prescribe fees to be paid by applicants for and 1,048
25
holders of any license, permit, variance, plan approval, or 1,049
certification required or authorized by Chapter 3704., 3734., 1,050
6109., or 6111. of the Revised Code that are not specifically 1,051
established in this section. The fees shall be designed to 1,052
defray the cost of processing, issuing, revoking, modifying, 1,053
denying, and enforcing the licenses, permits, variances, plan 1,054
approvals, and certifications. 1,055
The director shall transmit all moneys collected under 1,057
rules adopted under division (T)(1) of this section pursuant to 1,058
Chapter 6109. of the Revised Code to the treasurer of state for 1,059
deposit into the drinking water protection fund created in 1,060
section 6109.30 of the Revised Code. 1,061
The director shall transmit all moneys collected under 1,063
rules adopted under division (T)(1) of this section pursuant to 1,064
Chapter 6111. of the Revised Code to the treasurer of state for 1,065
deposit into the surface water protection fund created in section 1,066
6111.038 of the Revised Code. 1,067
(2) Exempt the state and political subdivisions thereof, 1,069
including education facilities or medical facilities owned by the 1,070
state or a political subdivision, or any person exempted from 1,071
taxation by section 5709.07 or 5709.12 of the Revised Code, from 1,072
any fee required by this section; 1,073
(3) Provide for the waiver of any fee, or any part 1,075
thereof, otherwise required by this section whenever the director 1,076
determines that the imposition of the fee would constitute an 1,077
unreasonable cost of doing business for any applicant, class of 1,078
applicants, or other person subject to the fee; 1,079
(4) Prescribe measures that the director considers 1,081
necessary to carry out this section. 1,082
(U) When the director reasonably demonstrates that the 1,084
direct cost to the state associated with the issuance of a permit 1,085
to install, license, variance, plan approval, or certification 1,086
exceeds the fee for the issuance or review specified by this 1,087
section, the director may condition the issuance or review on the 1,088
26
payment by the person receiving the issuance or review of, in 1,089
addition to the fee specified by this section, the amount, or any 1,090
portion thereof, in excess of the fee specified under this 1,091
section. The director shall not so condition issuances for which 1,092
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 1,093
section. 1,094
(V) Except as provided in divisions (L), (M), and (P) of 1,096
this section or unless otherwise prescribed by a rule of the 1,097
director adopted pursuant to Chapter 119. of the Revised Code, 1,098
all fees required by this section are payable within thirty days 1,099
after the issuance of an invoice for the fee by the director or 1,100
the effective date of the issuance of the license, permit, 1,101
variance, plan approval, or certification. If payment is late, 1,102
the person responsible for payment of the fee shall pay an 1,103
additional ten per cent of the amount due for each month that it 1,104
is late. 1,105
(W) As used in this section, "fuel-burning equipment," 1,107
"fuel-burning equipment input capacity," "incinerator," 1,108
"incinerator input capacity," "process," "process weight rate," 1,109
"storage tank," "gasoline dispensing facility," "dry cleaning 1,110
facility," "design flow discharge," and "new source treatment 1,111
works" have the meanings ascribed to those terms by applicable 1,112
rules or standards adopted by the director under Chapter 3704. or 1,113
6111. of the Revised Code. 1,114
(X) As used in divisions (B), (C), (D), (E), (F), (H), 1,116
(I), and (J) of this section, and in any other provision of this 1,117
section pertaining to fees paid pursuant to Chapter 3704. of the 1,118
Revised Code: 1,119
(1) "Facility," "federal Clean Air Act," "person," and 1,121
"Title V permit" have the same meanings as in section 3704.01 of 1,122
the Revised Code. 1,123
(2) "Title V permit program" means the following 1,125
activities as necessary to meet the requirements of Title V of 1,126
the federal Clean Air Act and 40 C.F.R. part 70, including at 1,127
27
least: 1,128
(a) Preparing and adopting, if applicable, generally 1,130
applicable rules or guidance regarding the permit program or its 1,131
implementation or enforcement; 1,132
(b) Reviewing and acting on any application for a Title V 1,134
permit, permit revision, or permit renewal, including the 1,135
development of an applicable requirement as part of the 1,136
processing of a permit, permit revision, or permit renewal; 1,137
(c) Administering the permit program, including the 1,139
supporting and tracking of permit applications, compliance 1,140
certification, and related data entry; 1,141
(d) Determining which sources are subject to the program 1,143
and implementing and enforcing the terms of any Title V permit, 1,144
not including any court actions or other formal enforcement 1,145
actions; 1,146
(e) Emission and ambient monitoring; 1,148
(f) Modeling, analyses, or demonstrations; 1,150
(g) Preparing inventories and tracking emissions; 1,152
(h) Providing direct and indirect support to small 1,154
business stationary sources to determine and meet their 1,155
obligations under the federal Clean Air Act pursuant to the small 1,156
business stationary source technical and environmental compliance 1,157
assistance program required by section 507 of that act and 1,158
established in sections 3704.18, 3704.19, and 3706.19 of the 1,159
Revised Code. 1,160
(Y)(1) EXCEPT AS PROVIDED IN DIVISIONS (Y)(2), (3), AND 1,164
(4) OF THIS SECTION, EACH SEWAGE SLUDGE FACILITY SHALL PAY A 1,166
NONREFUNDABLE ANNUAL SLUDGE FEE EQUAL TO THREE DOLLARS AND FIFTY 1,167
CENTS PER DRY TON OF SEWAGE SLUDGE THAT THE SEWAGE SLUDGE 1,168
FACILITY TREATS OR DISPOSES OF IN THIS STATE. THE ANNUAL VOLUME 1,169
OF SEWAGE SLUDGE TREATED OR DISPOSED OF BY A SEWAGE SLUDGE 1,170
FACILITY SHALL BE CALCULATED USING THE FIRST DAY OF JANUARY 1,171
THROUGH THE THIRTY-FIRST DAY OF DECEMBER OF THE CALENDAR YEAR 1,173
PRECEDING THE DATE ON WHICH PAYMENT OF THE FEE IS DUE. 1,174
28
(2)(a) EACH SEWAGE SLUDGE FACILITY THAT GENERATES SEWAAGE 1,176
SLUDGE AND IS REQUIRED TO PAY AN ANNUAL DISCHARGE FEE UNDER 1,177
DIVISION (L) (5) (a) OF THIS SECTION AND EACH ENTITY THAT TREATS 1,179
SEWAGE SLUDGE SHALL PAY A MINUMUM ANNUAL SEWAGE SLUDGE SHALL PAY 1,181
A MINIMUM ANNUAL SEWAGE SLUDGE FEE OF ONE HUNDRED DOLLARS. 1,182
(b) THE ANNUAL SLUDGE FEE REQUIRED TO BE PAID BY A SEWAGE 1,185
SLUDGE FACILITY THAT TREATS OR DISPOSES OF EXCEPTIONAL QUALITY 1,186
SLUDGE IN THIS STATE SHALL BE THIRTY-FIVE PER CENT LESS PER DRY 1,187
TON OF EXCEPTIONAL QUALITY SLUDGE THAN THE FEE ASSESSED UNDER 1,188
DIVISION (Y)(1) OF THIS SECTION, SUBJECT TO THE FOLLOWING 1,190
EXCEPTIONS:
(I) A SEWAGE SLUDGE FACILITY THAT TREATS EXCEPTIONAL 1,192
QUALITY SLUDGE SHALL PAY A MINIMUM ANNUAL SEWAGE SLUDGE FEE OF 1,193
ONE HUNDRED DOLLARS. 1,194
(ii) A SEWAGE SLUDGE FACILITY THAT TREATS OR DISPOSES OF 1,197
EXCEPTIONAL QUALITY SLUDGE SHALL NOT BE REQUIRED TO PAY THE 1,198
ANNUAL SLUDGE FEE FOR TREATMENT OR DISPOSAL IN THIS STATE OF 1,199
EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF THIS STATE AND 1,200
CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER THAN ONE 1,201
HUNDRED POUNDS IN CAPACITY.
DIVISION (Y) (2) (b) OF THIS SECTION APPLIES TO THE MAXIMUM 1,205
ANNUAL FEES ESTABLISHED UNDER DIVISION (Y) (3) OF THIS SECTION. 1,206
(c) A SEWAGE SLUDGE FACILITY THAT TRANSFERS SEWAGE SLUDGE 1,209
TO A TREATMENT WORKS IN THIS STATE, AS "TREATMENT WORKS" IS 1,210
DEFINED IN SECTION 6111.01 OF THE REVISED CODE, OR TO ANOTHER 1,212
SEWAGE SLUDGE FACILITY IN THIS STATE FOR FURTHER TREATMENT PRIOR 1,213
TO DISPOSAL IN THIS STATE SHALL NOT BE REQUIRED TO PAY THE ANNUAL 1,214
SLUDGE FEE FOR THE TONS OF SEWAGE SLUDGE THAT HAVE BEEN 1,215
TRANSFERRED. IN SUCH A CASE, THE TREATMENT WORKS OR SEWAGE 1,216
SLUDGE FACILITY THAT DISPOSES OF THE SEWAGE SLUDGE SHALL PAY THE 1,217
ANNUAL SLUDGE FEE. HOWEVER, THE FACILITY TRANSFERRING THE SEWAGE 1,218
SLUDGE SHALL PAY THE ONE-HUNDRED-DOLLAR MINIMUM FEE REQUIRED 1,219
UNDER DIVISION (Y) (2) (a) OF THIS SECTION. 1,220
IN THE CASE OF A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE 1,222
29
SLUDGE IN THIS STATE AND TRANSFERS IT OUT OF THIS STATE TO 1,223
ANOTHER ENTITY FOR DISPOSAL, THE SEWAGE SLUDGE FACILITY IN THIS 1,224
STATE SHALL BE REQUIRED TO PAY THE ANNUAL SLUDGE FEE FOR THE TONS 1,226
OF SEWAGE SLUDGE THAT HAVE BEEN TRANSFERRED.
(d) A SEWAGE SLUDGE FACILITY THAT GENERATES SEWAGE SLUDGE 1,228
AND THAT IS NOT REQUIRED TO PAY AN ANNUAL DISCHARGE FEE UNDER 1,229
DIVISION (L) (5) (a) OF THIS SECTION IS NOT SUBJECT TO THE FEE 1,230
ASSESSED UNDER DIVISION (Y) (1) OF THIS SECTION. 1,231
(3) NO SEWAGE SLUDGE FACILITY REQUIRED TO PAY THE ANNUAL 1,232
SLUDGE FEE SHALL BE REQUIRED TO PAY MORE THAN THE MAXIMUM ANNUAL 1,233
FEE FOR EACH DISPOSAL METHOD THAT THE SEWAGE SLUDGE FACILITY 1,234
USES. THE MAXIMUM ANNUAL FEE DOES NOT INCLUDE THE ADDITIONAL 1,235
AMOUNT THAT MAY BE CHARGED UNDER DIVISION (Y)(5) OF THIS SECTION 1,237
FOR LATE PAYMENT OF THE ANNUAL SLUDGE FEE. THE MAXIMUM ANNUAL 1,238
FEE FOR THE FOLLOWING METHODS OF DISPOSAL OF SEWAGE SLUDGE IS AS 1,239
FOLLOWS: 1,240
(a) INCINERATION: FIVE THOUSAND DOLLARS; 1,243
(b) DISPOSAL IN A LANDFILL: FIVE THOUSAND DOLLARS; 1,246
(c) LAND APPLICATION, LAND RECLAMATION, SURFACE DISPOSAL, 1,249
OR ANY OTHER DISPOSAL METHOD NOT SPECIFIED IN DIVISION (Y)(3)(a) 1,251
OR (b) OF THIS SECTION: TWENTY THOUSAND DOLLARS. 1,253
(4)(a) IN THE CASE OF AN ENTITY THAT GENERATES SEWAGE 1,256
SLUDGE OR A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE SLUDGE AND 1,257
TRANSFERS THE SEWAGE SLUDGE TO AN INCINERATION FACILITY FOR 1,258
DISPOSAL, THE INCINERATION FACILITY, AND NOT THE ENTITY 1,259
GENERATING THE SEWAGE SLUDGE OR THE SEWAGE SLUDGE FACILITY 1,260
TREATING THE SEWAGE SLUDGE, SHALL PAY THE ANNUAL SLUDGE FEE FOR 1,261
THE TONS OF SEWAGE SLUDGE THAT ARE TRANSFERRED. HOWEVER, THE
ENTITY OF FACILITY GENERATING OR TREATING THE SEWAGE SLUDGE SHALL 1,262
PAY THE ONE-HUNDRED-DOLLAR MINIMUM FEE REQUIRED UNDER DIVISION 1,263
(Y) (2) (a) OF THIS SECTION. 1,264
(b) IN THE CASE OF AN ENTITY THAT GENERATES SEWAGE SLUDGE 1,267
OR A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE SLUDGE AND 1,268
TRANSFERS THE SEWAGE SLUDGE TO A LANDFILL FOR DISPOSAL, THE 1,269
30
ENTITY GENERATING THE SEWAGE SLUDGE OR THE SEWAGE SLUDGE FACILITY 1,270
TREATING THE SEWAGE SLUDGE, AND NOT THE LANDFILL, SHALL PAY THE 1,271
ANNUAL SLUDGE FEE FOR THE TONS OF SEWAGE SLUDGE THAT ARE 1,272
TRANSFERRED.
(5) NOT LATER THAN THE FIRST DAY OF APRIL OF THE CALENDAR 1,275
YEAR FOLLOWING THE EFFECTIVE DATE OF THIS AMENDMENT AND EACH 1,276
FIRST DAY OF APRIL THEREAFTER, THE DIRECTOR SHALL ISSUE INVOICES 1,277
TO PERSONS WHO ARE REQUIRED TO PAY THE ANNUAL SLUDGE FEE. THE 1,278
INVOICE SHALL IDENTIFY THE NATURE AND AMOUNT OF THE ANNUAL SLUDGE 1,279
FEE ASSESSED AND STATE THE FIRST DAY OF MAY AS THE DEADLINE FOR 1,281
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 1,284
FEE.
NOT LATER THAN THE FIRST DAY OF MAY FOLLOWING RECEIPT OF AN 1,287
INVOICE, A PERSON REQUIRED TO PAY THE ANNUAL SLUDGE FEE MAY 1,288
SUBMIT OBJECTIONS TO THE DIRECTOR CONCERNING THE ACCURACY OF 1,289
INFORMATION REGARDING THE NUMBER OF DRY TONS OF SEWAGE SLUDGE 1,290
USED TO CALCULATE THE AMOUNT OF THE ANNUAL SLUDGE FEE OR 1,291
REGARDING WHETHER THE SEWAGE SLUDGE QUALIFIES FOR THE EXCEPTIONAL 1,292
QUALITY SLUDGE DISCOUNT ESTABLISHED IN DIVISION (Y)(2)(b) OF THIS 1,295
SECTION. THE DIRECTOR MAY CONSIDER THE OBJECTIONS AND ADJUST THE 1,296
AMOUNT OF THE FEE TO ENSURE THAT IT IS ACCURATE.
IF THE DIRECTOR DOES NOT ADJUST THE AMOUNT OF THE ANNUAL 1,298
SLUDGE FEE IN RESPONSE TO A PERSON'S OBJECTIONS, THE PERSON MAY 1,299
APPEAL THE DIRECTOR'S DETERMINATION IN ACCORDANCE WITH CHAPTER 1,301
119. OF THE REVISED CODE. 1,303
NOT LATER THAN THE FIRST DAY OF JUNE, THE DIRECTOR SHALL 1,306
NOTIFY THE OBJECTING PERSON REGARDING WHETHER THE DIRECTOR HAS 1,307
FOUND THE OBJECTIONS TO BE VALID AND THE REASONS FOR THE FINDING. 1,308
IF THE DIRECTOR FINDS THE OBJECTIONS TO BE VALID AND ADJUSTS THE 1,309
AMOUNT OF THE ANNUAL SLUDGE FEE ACCORDINGLY, THE DIRECTOR SHALL 1,310
ISSUE WITH THE NOTIFICATION A NEW INVOICE TO THE PERSON 1,311
IDENTIFYING THE AMOUNT OF THE ANNUAL SLUDGE FEE ASSESSED AND 1,312
STATING THE FIRST DAY OF JULY AS THE DEADLINE FOR PAYMENT. 1,314
31
NOT LATER THAN THE FIRST DAY OF JULY, ANY PERSON WHO IS 1,317
REQUIRED TO DO SO SHALL PAY THE ANNUAL SLUDGE FEE. ANY PERSON 1,318
WHO IS REQUIRED TO PAY THE FEE, BUT WHO FAILS TO DO SO ON OR 1,319
BEFORE THAT DATE SHALL PAY AN ADDITIONAL AMOUNT THAT EQUALS TEN 1,320
PER CENT OF THE REQUIRED ANNUAL SLUDGE FEE.
(6) THE DIRECTOR SHALL TRANSMIT ALL MONEYS COLLECTED UNDER 1,323
DIVISION (Y) OF THIS SECTION TO THE TREASURER OF STATE FOR 1,324
DEPOSIT INTO THE SURFACE WATER PROTECTION FUND CREATED IN SECTION 1,325
6111.038 OF THE REVISED CODE. THE MONEYS SHALL BE USED TO DEFRAY 1,328
THE COSTS OF ADMINISTERING AND ENFORCING PROVISIONS IN CHAPTER 1,329
6111. OF THE REVISED CODE AND RULES ADOPTED UNDER IT THAT GOVERN 1,332
THE USE, STORAGE, TREATMENT, OR DISPOSAL OF SEWAGE SLUDGE. 1,333
(7) AS USED IN DIVISION (Y) OF THIS SECTION: 1,336
(a) "SEWAGE SLUDGE FACILITY" MEANS AN ENTITY THAT PERFORMS 1,339
TREATMENT ON OR IS RESPONSIBLE FOR THE DISPOSAL OF SEWAGE SLUDGE. 1,340
(b) "SEWAGE SLUDGE" MEANS A SOLID, SEMI-SOLID, OR LIQUID 1,343
RESIDUE GENERATED DURING THE TREATMENT OF DOMESTIC SEWAGE IN A 1,344
TREATMENT WORKS AS DEFINED IN SECTION 6111.01 OF THE REVISED 1,346
CODE. "SEWAGE SLUDGE" INCLUDES, BUT IS NOT LIMITED TO, SCUM OR 1,347
SOLIDS REMOVED IN PRIMARY, SECONDARY, OR ADVANCED WASTEWATER 1,348
TREATMENT PROCESSES AND A MATERIAL DERIVED FROM SEWAGE SLUDGE. 1,349
"SEWAGE SLUDGE" DOES NOT INCLUDE ASH GENERATED DURING THE FIRING 1,350
OF SEWAGE SLUDGE IN A SEWAGE SLUDGE INCINERATOR, GRIT AND 1,351
SCREENINGS GENERATED DURING PRELIMINARY TREATMENT OF DOMESTIC 1,352
SEWAGE IN A TREATMENT WORKS, ANIMAL MANURE, OR RESIDUE GENERATED 1,353
DURING TREATMENT OF ANIMAL MANURE. 1,354
(c) "EXCEPTIONAL QUALITY SLUDGE" MEANS SEWAGE SLUDGE THAT 1,357
MEETS ALL OF THE FOLLOWING QUALIFICATIONS: 1,358
(i) SATISFIES THE CLASS A PATHOGEN STANDARDS IN 40 C.F.R. 1,362
503.32(a); 1,363
(ii) SATISFIES ONE OF THE VECTOR ATTRACTION REDUCTION 1,366
REQUIREMENTS IN 40 C.F.R. 503.33(b)(1) TO (b)(8); 1,369
(iii) DOES NOT EXCEED THE CEILING CONCENTRATION 1,372
LIMITATIONS FOR METALS LISTED IN TABLE ONE OF 40 C.F.R. 503.13; 1,374
32
(iv) DOES NOT EXCEED THE CONCENTRATION LIMITATIONS FOR 1,377
METALS LISTED IN TABLE THREE OF 40 C.F.R. 503.13. 1,379
(d) "TREATMENT" MEANS THE PREPARATION OF SEWAGE SLUDGE FOR 1,382
FINAL USE OR DISPOSAL AND INCLUDES, BUT IS NOT LIMITED TO, 1,383
THICKENING, STABILIZATION, AND DEWATERING OF SEWAGE SLUDGE. 1,384
(e) "DISPOSAL" MEANS THE FINAL USE OF SEWAGE SLUDGE, 1,387
INCLUDING, BUT NOT LIMITED TO, LAND APPLICATION, LAND 1,388
RECLAMATION, SURFACE DISPOSAL, OR DISPOSAL IN A LANDFILL OR AN 1,389
INCINERATOR.
(f) "LAND APPLICATION" MEANS THE SPRAYING OR SPREADING OF 1,392
SEWAGE SLUDGE ONTO THE LAND SURFACE, THE INJECTION OF SEWAGE 1,393
SLUDGE BELOW THE LAND SURFACE, OR THE INCORPORATION OF SEWAGE 1,394
SLUDGE INTO THE SOIL FOR THE PURPOSES OF CONDITIONING THE SOIL OR 1,395
FERTILIZING CROPS OR VEGETATION GROWN IN THE SOIL. 1,396
(g) "LAND RECLAMATION" MEANS THE RETURNING OF DISTURBED 1,399
LAND TO PRODUCTIVE USE.
(h) "SURFACE DISPOSAL" MEANS THE PLACEMENT OF SLUDGE ON AN 1,402
AREA OF LAND FOR DISPOSAL, INCLUDING, BUT NOT LIMITED TO, 1,403
MONOFILLS, SURFACE IMPOUNDMENTS, LAGOONS, WASTE PILES, OR 1,404
DEDICATED DISPOSAL SITES.
(i) "INCINERATOR" MEANS AN ENTITY THAT DISPOSES OF SEWAGE 1,407
SLUDGE THROUGH THE COMBUSTION OF ORGANIC MATTER AND INORGANIC 1,408
MATTER IN SEWAGE SLUDGE BY HIGH TEMPERATURES IN AN ENCLOSED 1,409
DEVICE.
(j) "INCINERATION FACILITY" INCLUDES ALL INCINERATORS 1,412
OWNED OR OPERATED BY THE SAME ENTITY AND LOCATED ON A CONTIGUOUS 1,413
TRACT OF LAND. AREAS OF LAND ARE CONSIDERED TO BE CONTIGUOUS 1,414
EVEN IF THEY ARE SEPARATED BY A PUBLIC ROAD OR HIGHWAY. 1,415
(k) "ANNUAL SLUDGE FEE" MEANS THE FEE ASSESSED UNDER 1,418
DIVISION (Y)(1) OF THIS SECTION. 1,419
Sec. 6111.01. As used in Chapter 6111. of the Revised Code 1,429
THIS CHAPTER:
(A) "Pollution" means the placing of any sewage, SLUDGE, 1,432
SLUDGE MATERIALS, industrial waste, or other wastes in any waters 1,433
33
of the state.
(B) "Sewage" means any liquid waste containing SLUDGE, 1,435
SLUDGE MATERIALS, OR animal or vegetable matter in suspension or 1,437
solution, and may include household wastes as commonly discharged 1,439
from residences and from commercial, institutional, or similar 1,440
facilities.
(C) "Industrial waste" means any liquid, gaseous, or solid 1,442
waste substance resulting from any process of industry, 1,443
manufacture, trade, or business, or from the development, 1,444
processing, or recovery of any natural resource, together with 1,445
such sewage as is present. 1,446
(D) "Other wastes" means garbage, refuse, decayed wood, 1,448
sawdust, shavings, bark, and other wood debris, lime, sand, 1,449
ashes, offal, night soil, oil, tar, coal dust, dredged or fill 1,450
material, or silt, other substances that are not sewage, SLUDGE, 1,452
SLUDGE MATERIALS, or industrial waste, and any other "pollutants" 1,453
or "toxic pollutants" as defined in the "Federal Water Pollution 1,455
Control Act" that are not sewage, SLUDGE, SLUDGE MATERIALS, or 1,457
industrial waste.
(E) "Sewerage system" means pipelines or conduits, pumping 1,459
stations, and force mains, and all other constructions, devices, 1,460
appurtenances, and facilities used for collecting or conducting 1,461
water-borne sewage, industrial waste, or other wastes to a point 1,462
of disposal or treatment, but does not include plumbing fixtures, 1,463
building drains and subdrains, building sewers, and building 1,464
storm sewers. 1,465
(F) "Treatment works" means any plant, disposal field, 1,467
lagoon, dam, pumping station, building sewer connected directly 1,468
to treatment works, incinerator, or other works used for the 1,469
purpose of treating, stabilizing, BLENDING, COMPOSTING, or 1,470
holding sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or 1,471
other wastes, except as otherwise defined. 1,473
(G) "Disposal system" means a system for disposing of 1,475
sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or other 1,476
34
wastes, and includes sewerage systems and treatment works. 1,479
(H) "Waters of the state" means all streams, lakes, ponds, 1,481
marshes, watercourses, waterways, wells, springs, irrigation 1,482
systems, drainage systems, and all other bodies or accumulations 1,483
of water, surface and underground, natural or artificial, 1,484
regardless of the depth of the strata in which underground water 1,485
is located, which THAT are situated wholly or partly within, or 1,486
border upon, this state, or are within its jurisdiction, except 1,488
those private waters which THAT do not combine or effect a 1,489
junction with natural surface or underground waters. 1,491
(I) "Person" means the state, any municipal corporation, 1,493
OR OTHER political subdivision of the state, person as defined in 1,495
section 1.59 of the Revised Code, AN interstate body created by 1,496
compact, or the federal government or any department, agency, or 1,497
instrumentality thereof. 1,498
(J) "Industrial water pollution control facility" means 1,500
any disposal system or any treatment works, pretreatment works, 1,501
appliance, equipment, machinery, pipeline or conduit, pumping 1,502
station, force main, or installation constructed, used, or placed 1,503
in operation primarily for the purpose of collecting or 1,504
conducting industrial waste to a point of disposal or treatment; 1,505
reducing, controlling, or eliminating water pollution caused by 1,506
industrial waste; or for reducing, controlling, or eliminating 1,507
the discharge into a disposal system of industrial waste or what 1,508
would be industrial waste if discharged into the waters of the 1,509
state. 1,510
(K) "Schedule of compliance" means a schedule of remedial 1,512
measures including an enforceable sequence of actions or 1,513
operations leading to compliance with standards and rules adopted 1,514
under sections 6111.041 and 6111.042 of the Revised Code or 1,515
compliance with terms and conditions of permits set under 1,516
division (J) of section 6111.03 of the Revised Code. 1,517
(L) "Federal Water Pollution Control Act" means the 1,519
"Federal Water Pollution Control Act Amendments of 1972," 86 1,520
35
Stat. 886, 33 U.S.C.A. 1251, as amended by the "Clean Water Act 1,521
of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, AND ALL OTHER 1,522
AMENDMENTS TO THAT ACT. 1,523
(M) "SLUDGE" MEANS A SOLID, SEMI-SOLID, OR LIQUID RESIDUE 1,526
GENERATED DURING THE TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT 1,527
WORKS AND INCLUDES A SOLID, SEMI-SOLID, OR LIQUID RESIDUE THAT IS 1,528
GENERATED FROM AN INDUSTRIAL WASTEWATER TREATMENT PROCESS AND 1,529
THAT MAY BE APPLIED TO LAND FOR AGRONOMIC BENEFIT. "SLUDGE" DOES 1,530
NOT INCLUDE ASH GENERATED DURING THE FIRING OF SLUDGE IN A SLUDGE 1,531
INCINERATOR, GRIT AND SCREENING GENERATED DURING PRELIMINARY 1,532
TREATMENT OF SEWAGE IN A TREATMENT WORKS, ANIMAL MANURE, OR 1,533
RESIDUE GENERATED DURING TREATMENT OF ANIMAL MANURE. 1,535
(N) "SLUDGE MATERIALS" MEANS SOLID, SEMI-SOLID, OR LIQUID 1,538
MATERIALS DERIVED FROM SLUDGE AND INCLUDES PRODUCTS FROM A 1,539
TREATMENT WORKS THAT RESULT FROM THE TREATMENT, BLENDING, OR 1,540
COMPOSTING OF SLUDGE.
(O) "STORAGE OF SLUDGE" MEANS THE PLACEMENT OF SLUDGE ON 1,543
LAND ON WHICH THE SLUDGE REMAINS FOR NOT LONGER THAN TWO YEARS, 1,544
BUT DOES NOT INCLUDE THE PLACEMENT OF SLUDGE ON LAND FOR 1,545
TREATMENT.
(P) "SLUDGE DISPOSAL PROGRAM" MEANS ANY PROGRAM USED BY AN 1,548
ENTITY THAT BEGINS WITH THE GENERATION OF SLUDGE AND INCLUDES 1,549
TREATMENT OR DISPOSAL OF THE SLUDGE, AS "TREATMENT" AND 1,550
"DISPOSAL" ARE DEFINED IN DIVISION (Y) OF SECTION 3745.11 OF THE 1,551
REVISED CODE.
(Q) "AGRONOMIC BENEFIT" MEANS ANY PROCESS THAT PROMOTES OR 1,554
ENHANCES PLANT GROWTH AND INCLUDES, BUT IS NOT LIMITED TO, A 1,555
PROCESS THAT INCREASES SOIL FERTILITY AND MOISTURE RETENTION. 1,556
(R) "SLUDGE MANAGEMENT" MEANS THE USE, STORAGE, TREATMENT, 1,559
OR DISPOSAL OF, AND MANAGEMENT PRACTICES RELATED TO, SLUDGE AND 1,560
SLUDGE MATERIALS. 1,561
(S) "SLUDGE MANAGEMENT PERMIT" MEANS A PERMIT FOR SLUDGE 1,565
MANAGEMENT THAT IS ISSUED UNDER DIVISION (J) OF SECTION 6111.03 1,566
OF THE REVISED CODE. 1,567
36
Sec. 6111.03. The director of environmental protection may 1,577
do any of the following:
(A) Develop plans and programs for the prevention, 1,579
control, and abatement of new or existing pollution of the waters 1,580
of the state; 1,581
(B) Advise, consult, and cooperate with other agencies of 1,583
the state, the federal government, other states, and interstate 1,584
agencies and with affected groups, political subdivisions, and 1,585
industries in furtherance of the purposes of this chapter. 1,586
Before adopting, amending, or rescinding a standard or rule 1,587
pursuant to division (G) of this section or section 6111.041 or 1,589
6111.042 of the Revised Code, the director shall do all of the
following:
(1) Mail notice to each statewide organization that he THE 1,591
DIRECTOR determines represents persons who would be affected by 1,592
the proposed standard or rule, amendment thereto, or rescission 1,593
thereof at least thirty-five days before any public hearing 1,594
thereon;
(2) Mail a copy of each proposed standard or rule, 1,596
amendment thereto, or rescission thereof to any person who 1,597
requests a copy, within five days after receipt of the request 1,598
therefor;
(3) Consult with appropriate state and local government 1,600
agencies or their representatives, including statewide 1,601
organizations of local government officials, industrial 1,602
representatives, and other interested persons. 1,603
Although the director is expected to diligently discharge 1,605
these duties DILIGENTLY, failure to mail any such notice or copy 1,606
or to so consult with any person shall not invalidate any 1,608
proceeding or action of the director. 1,609
(C) Administer grants from the federal government and from 1,611
other sources, public or private, for carrying out any of its 1,612
functions, all such moneys to be deposited in the state treasury 1,613
and kept by the treasurer of state in a separate fund subject to 1,614
37
the lawful orders of the director; 1,615
(D) Administer state grants for the construction of sewage 1,617
and waste collection and treatment works; 1,618
(E) Encourage, participate in, or conduct studies, 1,620
investigations, research, and demonstrations relating to water 1,621
pollution, and the causes, prevention, control, and abatement 1,622
thereof, as is THAT ARE advisable and necessary for the discharge 1,624
of his duties under this chapter; 1,625
(F) Collect and disseminate information relating to water 1,627
pollution and prevention, control, and abatement thereof; 1,628
(G) Adopt, amend, and rescind rules in accordance with 1,630
Chapter 119. of the Revised Code governing the procedure for 1,631
hearings, the filing of reports, the issuance of permits, the 1,632
issuance of industrial water pollution control certificates, and 1,633
all other matters relating to procedure; 1,634
(H) Issue, modify, or revoke orders to prevent, control, 1,636
or abate water pollution BY SUCH MEANS as follows THE FOLLOWING: 1,638
(1) Prohibiting or abating discharges of sewage, 1,640
industrial waste, or other wastes into the waters of the state; 1,641
(2) Requiring the construction of new disposal systems or 1,643
any parts thereof, or the modification, extension, or alteration 1,644
of existing disposal systems or any parts thereof; 1,645
(3) Prohibiting additional connections to or extensions of 1,647
a sewerage system when the connections or extensions would result 1,649
in an increase in the polluting properties of the effluent from 1,650
the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted 1,652
under section 6111.041 or 6111.042 SECTIONS 6111.01 TO 6111.05 of 1,654
the Revised Code, or term or condition of a permit. 1,656
In the making of those orders, wherever compliance with a 1,658
rule adopted under section 6111.042 of the Revised Code is not 1,659
involved, consistent with the "Federal Water Pollution Control 1,660
Act," the director shall give consideration to, and base his THE 1,662
determination on, evidence relating to the technical feasibility 1,663
38
and economic reasonableness of complying with those orders and to 1,664
evidence relating to conditions calculated to result from 1,665
compliance with those orders, and their relation to benefits to 1,666
the people of the state to be derived from such compliance in 1,667
accomplishing the purposes of this chapter. 1,668
(I) Review plans, specifications, or other data relative 1,670
to disposal systems or any part thereof in connection with the 1,671
issuance of orders, permits, and industrial water pollution 1,672
control certificates under this chapter; 1,673
(J) Issue, revoke, modify, or deny SLUDGE MANAGEMENT 1,675
PERMITS AND permits for the discharge of sewage, industrial 1,678
waste, or other wastes into the waters of the state, and for the 1,679
installation or modification of disposal systems or any parts 1,680
thereof in compliance with all requirements of the "Federal Water 1,681
Pollution Control Act" and mandatory regulations adopted 1,682
thereunder, INCLUDING REGULATIONS ADOPTED UNDER SECTION 405 OF 1,683
THE FEDERAL WATER POLLUTION CONTROL ACT, and set terms and 1,684
conditions of permits, including schedules of compliance, where 1,685
necessary. The terms and conditions shall be designed to achieve 1,686
and maintain full compliance with the national effluent 1,687
limitations, national standards of performance for new sources, 1,688
and national toxic and pretreatment effluent standards set under 1,689
that act, and any other mandatory requirements of that act that 1,690
are imposed by regulation of the administrator of the United 1,691
States environmental protection agency. An IF AN APPLICANT FOR A 1,692
SLUDGE MANAGEMENT PERMIT ALSO APPLIES FOR A RELATED PERMIT FOR 1,693
THE DISCHARGE OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTES INTO 1,694
THE WATERS OF THE STATE, THE DIRECTOR MAY COMBINE THE TWO PERMITS 1,695
AND ISSUE ONE PERMIT TO THE APPLICANT.
AN application for a permit or renewal thereof shall be 1,698
denied if any of the following applies:
(1) The secretary of the army determines in writing that 1,700
anchorage or navigation would be substantially impaired thereby; 1,701
(2) The director determines that the proposed discharge or 1,703
39
source would conflict with an area wide AREAWIDE waste treatment 1,704
management plan adopted in accordance with section 208 of the 1,706
"Federal Water Pollution Control Act";
(3) The administrator of the United States environmental 1,708
protection agency objects in writing to the issuance or renewal 1,709
of the permit in accordance with section 402 (d) of the "Federal 1,710
Water Pollution Control Act"; 1,711
(4) The application is for the discharge of any 1,713
radiological, chemical, or biological warfare agent, or 1,714
high-level radioactive waste into the waters of the United 1,715
States. 1,716
To achieve and maintain applicable standards of quality for 1,718
the waters of the state adopted pursuant to section 6111.041 of 1,719
the Revised Code, the director shall impose, where necessary and 1,720
appropriate, as conditions of each permit, water quality related 1,721
effluent limitations in accordance with sections 301, 302, 306, 1,722
and 307, AND 405 of the "Federal Water Pollution Control Act" 1,725
and, to the extent consistent with that act, shall give 1,726
consideration to, and base his THE determination on, evidence 1,727
relating to the technical feasibility and economic reasonableness 1,728
of removing the polluting properties from those wastes and to 1,729
evidence relating to conditions calculated to result from that 1,730
action and their relation to benefits to the people of the state 1,731
and to accomplishment of the purposes of this chapter. 1,732
Where a discharge having a thermal component from a source 1,734
that is constructed or modified on or after October 18, 1972, 1,735
meets national or state effluent limitations or more stringent 1,736
permit conditions designed to achieve and maintain compliance 1,737
with applicable standards of quality for the waters of the state, 1,738
which limitations or conditions will ensure protection and 1,739
propagation of a balanced, indigenous population of shellfish, 1,740
fish, and wildlife in or on the body of water into which the 1,741
discharge is made, taking into account the interaction of the 1,742
thermal component with sewage, industrial waste, or other wastes, 1,743
40
the director shall not impose any more stringent limitation on 1,744
the thermal component of the discharge, as a condition of a 1,745
permit or renewal thereof for the discharge, during a ten-year 1,746
period beginning on the date of completion of the construction or 1,747
modification of the source, or during the period of depreciation 1,748
or amortization of the source for the purpose of section 167 or 1,749
169 of the Internal Revenue Code of 1954, whichever period ends 1,750
first. 1,751
The director shall specify in permits for the discharge of 1,753
sewage, industrial waste, and other wastes, the net volume, net 1,754
weight, duration, frequency, and, where necessary, concentration 1,755
of the sewage, industrial waste, and other wastes that may be 1,756
discharged into the waters of the state. The director shall 1,757
specify in those permits AND IN SLUDGE MANAGEMENT PERMITS that 1,758
the permit is conditioned upon payment of applicable fees as 1,760
required by section 3745.11 of the Revised Code and upon the 1,761
right of his THE DIRECTOR'S authorized representatives to enter 1,762
upon the premises of the person to whom the permit has been 1,763
issued for the purpose of determining compliance with this
chapter, rules adopted thereunder, or the terms and conditions of 1,764
a permit, order, or other determination. The director shall 1,765
issue or deny an application for a SLUDGE MANAGEMENT PERMIT OR A 1,766
permit for a new discharge, for the installation or modification 1,768
of a disposal system, or for THE renewal of a permit, within one 1,769
hundred eighty days of the date on which he receives a complete 1,770
application with all plans, specifications, construction 1,771
schedules, and other pertinent information required by the 1,772
director IS RECEIVED. The director may condition permits upon 1,774
the installation of discharge or water quality monitoring 1,775
equipment or devices and the filing of such periodic reports on 1,776
the amounts and contents of discharges and the quality of 1,777
receiving waters as THAT the director prescribes. The director 1,778
shall condition each permit for a government-owned disposal 1,779
system or any other publicly owned "treatment works" as defined 1,780
41
in the "Federal Water Pollution Control Act" upon the reporting 1,781
of new introductions of industrial waste or other wastes and 1,782
substantial changes in volume or character thereof being 1,783
introduced into those systems or works from "industrial users" as 1,784
defined in section 502 of that act, as necessary to comply with 1,785
section 402(b)(8) of that act; upon the identification of the 1,786
character and volume of pollutants subject to pretreatment 1,787
standards being introduced into the system or works; and upon the 1,788
existence of a program to ensure compliance with pretreatment 1,789
standards by "industrial users" of the system or works. In 1,790
requiring monitoring devices and reports, the director, to the 1,791
extent consistent with the "Federal Water Pollution Control Act," 1,793
shall give consideration to technical feasibility and economic 1,794
reasonableness and shall allow reasonable time for compliance. A 1,795
permit may be issued for a period not to exceed five years, and 1,796
may be renewed upon application for renewal and upon a finding by 1,798
the director that the permit holder is making satisfactory
progress toward the achievement of all applicable standards and 1,799
has complied with the terms and conditions of the existing 1,800
permit. A permit may be modified, suspended, or revoked for 1,801
cause, including, but not limited to, violation of any condition 1,802
of the permit, obtaining a permit by misrepresentation or failure 1,803
to disclose fully all relevant facts OF THE PERMITTED DISCHARGE 1,804
OR OF THE SLUDGE USE, STORAGE, TREATMENT, OR DISPOSAL PRACTICE, 1,806
or changes in any condition that requires either a temporary or 1,807
permanent reduction or elimination of the permitted discharge 1,808
ACTIVITY. No application shall be denied or permit revoked or 1,810
modified without a written order stating the findings upon which 1,811
the denial, revocation, or modification is based. A copy of the 1,812
order shall be sent to the applicant or permit holder by 1,813
certified mail.
(K) Institute or cause to be instituted in any court of 1,815
competent jurisdiction proceedings to compel compliance with this 1,817
chapter or with the orders of the director issued under this
42
chapter, or to ensure compliance with sections 204(b), 307, and 1,818
308, AND 405 of the "Federal Water Pollution Control Act"; 1,821
(L) Issue, deny, revoke, or modify industrial water 1,823
pollution control certificates; 1,824
(M) Certify to the government of the United States or any 1,826
agency thereof that an industrial water pollution control 1,827
facility is in conformity with the state program or requirements 1,828
for THE control of water pollution whenever the certification may 1,829
be required for a taxpayer under the Internal Revenue Code of the 1,830
United States, as amended; 1,831
(N) Issue, modify, and revoke orders requiring any 1,833
"industrial user" of any publicly owned "treatment works" as 1,834
defined in sections 212(2) and 502(18) of the "Federal Water 1,835
Pollution Control Act" to comply with pretreatment standards; 1,836
establish and maintain records; make reports; install, use, and 1,837
maintain monitoring equipment or methods, including, where 1,838
appropriate, biological monitoring methods; sample discharges in 1,839
accordance with such methods, at such locations, at such 1,840
intervals, and in such A manner as THAT the director determines; 1,842
and provide such other information as THAT is necessary to 1,843
ascertain whether or not there is compliance with toxic and 1,845
pretreatment effluent standards. In issuing, modifying, and 1,846
revoking those orders, the director, to the extent consistent 1,847
with the "Federal Water Pollution Control Act," shall give 1,848
consideration to technical feasibility and economic 1,849
reasonableness and shall allow reasonable time for compliance. 1,850
(O) Exercise all incidental powers necessary to carry out 1,852
the purposes of this chapter; 1,853
(P) Certify or deny certification to any applicant for a 1,855
federal license or permit to conduct any activity that may result 1,857
in any discharge into the waters of the state that the discharge 1,858
will comply with the "Federal Water Pollution Control Act"; 1,859
(Q) Administer and enforce the publicly owned treatment 1,861
works pretreatment program in accordance with the "Federal Water 1,862
43
Pollution Control Act." In the administration of that program, 1,863
the director may do any of the following: 1,865
(1) Apply and enforce pretreatment standards; 1,867
(2) Approve and deny requests for approval of publicly 1,869
owned treatment works pretreatment programs, oversee those 1,870
programs, and implement, in whole or in part, those programs 1,871
under any of the following conditions: 1,872
(a) The director has denied a request for approval of the 1,874
publicly owned treatment works pretreatment program; 1,875
(b) The director has revoked the publicly owned treatment 1,877
works pretreatment program; 1,878
(c) There is no pretreatment program currently being 1,880
implemented by the publicly owned treatment works; 1,881
(d) The publicly owned treatment works has requested the 1,883
director to implement, in whole or in part, the pretreatment 1,884
program. 1,885
(3) Require that a publicly owned treatment works 1,887
pretreatment program be incorporated in a permit issued to a 1,888
publicly owned treatment works as required by the "Federal Water 1,889
Pollution Control Act," require compliance by publicly owned 1,890
treatment works with those programs, and require compliance by 1,891
industrial users with pretreatment standards; 1,892
(4) Approve and deny requests for authority to modify 1,894
categorical pretreatment standards to reflect removal of 1,895
pollutants achieved by publicly owned treatment works; 1,896
(5) Deny and recommend approval of requests for 1,898
fundamentally different factors variances submitted by industrial 1,899
users; 1,900
(6) Make determinations on categorization of industrial 1,902
users; 1,903
(7) Adopt, amend, or rescind rules and issue, modify, or 1,905
revoke orders necessary for the administration and enforcement of 1,906
the publicly owned treatment works pretreatment program. 1,907
Any approval of a publicly owned treatment works 1,909
44
pretreatment program may contain any terms and conditions, 1,910
including schedules of compliance, that are necessary to achieve 1,911
compliance with this chapter. 1,912
(R) Except as otherwise provied PROVIDED in this division, 1,914
adopt rules in accordance with Chapter 119. of the Revised Code 1,917
establishing procedures, methods, and equipment and other 1,918
requirements for equipment to prevent and contain discharges of 1,919
oil and hazardous substances into the waters of the state. The 1,920
rules shall be consistent with and equivalent in scope, content, 1,921
and coverage to section 311(j)(1)(c) of the "Federal Water 1,922
Pollution Control Act" and regulations adopted under it. The 1,923
director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling 1,924
and workover facilities as those terms are defined in that act 1,925
and regulations adopted under it. 1,926
(S) ADMINISTER AND ENFORCE A PROGRAM FOR THE REGULATION OF 1,929
SLUDGE MANAGEMENT IN THIS STATE. THE DIRECTOR SHALL HAVE 1,930
EXCLUSIVE AUTHORITY TO REGULATE SLUDGE MANAGEMENT IN THIS STATE. 1,931
THE PROGRAM SHALL BE CONSISTENT WITH SECTION 405 OF THE FEDERAL 1,933
WATER POLLUTION CONTROL ACT AND REGULATIONS ADOPTED UNDER IT AND 1,934
WITH THIS SECTION, EXCEPT THAT THE DIRECTOR MAY ADOPT RULES UNDER 1,935
DIVISION (S) OF THIS SECTION THAT ESTABLISH REQUIREMENTS THAT ARE 1,936
MORE STRINGENT THAN SECTION 405 OF THE FEDERAL WATER POLLUTION 1,937
CONTROL ACT AND REGULATIONS ADOPTED UNDER IT WITH REGARD TO 1,938
MONITORING SLUDGE AND SLUDGE MATERIALS AND ESTABLISHING 1,939
ACCEPTABLE SLUDGE MANAGEMENT PRACTICES AND POLLUTANT LEVELS IN 1,940
SLUDGE AND SLUDGE MATERIALS.
IN ADMINISTERING THE PROGRAM, THE DIRECTOR, IN ADDITION TO 1,943
EXERCISING THE AUTHORITY PROVIDED IN ANY OTHER APPLICABLE 1,944
SECTIONS OF THIS CHAPTER, MAY DO ANY OF THE FOLLOWING: 1,945
(1) DEVELOP PLANS AND PROGRAMS FOR THE DISPOSAL AND 1,947
UTILIZATION OF SLUDGE AND SLUDGE MATERIALS; 1,948
(2) ENCOURAGE, PARTICIPATE IN, OR CONDUCT STUDIES, 1,950
INVESTIGATIONS, RESEARCH, AND DEMONSTRATIONS RELATING TO THE 1,951
45
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT OF 1,953
SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON
THE AIR AND WATERS OF THE STATE; 1,954
(3) COLLECT AND DISSEMINATE INFORMATION RELATING TO THE 1,956
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT OF 1,958
SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON
THE AIR AND WATERS OF THE STATE; 1,959
(4) ISSUE, MODIFY, OR REVOKE ORDERS TO PREVENT, CONTROL, 1,961
OR ABATE THE USE AND DISPOSAL OF SLUDGE AND SLUDGE MATERIALS OR 1,962
THE EFFECTS OF THE USE OF SLUDGE AND SLUDGE MATERIALS ON LAND 1,963
LOCATED IN THE STATE AND ON THE AIR AND WATERS OF THE STATE; 1,965
(5) ADOPT AND ENFORCE, MODIFY, OR RESCIND RULES NECESSARY 1,967
FOR THE IMPLEMENTATION OF DIVISION (S) OF THIS SECTION. THE 1,968
RULES REASONABLY SHALL PROTECT PUBLIC HEALTH AND THE ENVIRONMENT, 1,969
ENCOURAGE THE BENEFICIAL REUSE OF SLUDGE AND SLUDGE MATERIALS, 1,970
AND MINIMIZE THE CREATION OF NUISANCE ODORS. 1,971
THE DIRECTOR MAY SPECIFY IN SLUDGE MANAGEMENT PERMITS THE 1,974
NET VOLUME, NET WEIGHT, QUALITY, AND POLLUTANT CONCENTRATION OF 1,976
THE SLUDGE OR SLUDGE MATERIALS THAT MAY BE USED, STORED, TREATED, 1,977
OR DISPOSED OF, AND THE MANNER AND FREQUENCY OF THE USE, STORAGE, 1,979
TREATMENT, OR DISPOSAL, TO PROTECT PUBLIC HEALTH AND THE
ENVIRONMENT FROM ADVERSE EFFECTS RELATING TO THOSE ACTIVITIES. 1,980
THE DIRECTOR SHALL IMPOSE OTHER TERMS AND CONDITIONS TO PROTECT 1,981
PUBLIC HEALTH AND THE ENVIRONMENT, MINIMIZE THE CREATION OF 1,982
NUISANCE ODORS, AND ACHIEVE COMPLIANCE WITH THIS CHAPTER AND 1,983
RULES ADOPTED UNDER IT AND, IN DOING SO, SHALL CONSIDER WHETHER 1,984
THE TERMS AND CONDITIONS ARE CONSISTENT WITH THE GOAL OF 1,985
ENCOURAGING THE BENEFICIAL REUSE OF SLUDGE AND SLUDGE MATERIALS. 1,986
THE DIRECTOR MAY CONDITION PERMITS ON THE IMPLEMENTATION OF 1,989
TREATMENT, STORAGE, DISPOSAL, DISTRIBUTION, OR APPLICATION
MANAGEMENT METHODS AND THE FILING OF PERIODIC REPORTS ON THE 1,990
AMOUNTS, COMPOSITION, AND QUALITY OF SLUDGE AND SLUDGE MATERIALS 1,991
THAT ARE DISPOSED OF, USED, TREATED, OR STORED. 1,992
AN APPROVAL OF A TREATMENT WORKS SLUDGE DISPOSAL PROGRAM 1,994
46
MAY CONTAIN ANY TERMS AND CONDITIONS, INCLUDING SCHEDULES OF 1,995
COMPLIANCE, NECESSARY TO ACHIEVE COMPLIANCE WITH THIS CHAPTER AND 1,997
RULES ADOPTED UNDER IT.
This chapter authorizes the state to participate in ANY 1,999
NATIONAL SLUDGE MANAGEMENT PROGRAM AND the national pollutant 2,000
discharge elimination system, to administer and enforce the 2,003
publicly owned treatment works pretreatment program, and to issue 2,004
permits for the discharge of dredged or fill materials, in 2,005
accordance with the "Federal Water Pollution Control Act." This 2,006
chapter shall be administered, consistent with the laws of this 2,007
state and federal law, in the same manner that the "Federal Water 2,008
Pollution Control Act" is required to be administered. 2,009
This section does not apply to animal waste treatment or 2,011
disposal works and related management and conservation practices 2,012
subject to rules adopted pursuant to division (E)(4) of section 2,013
1511.02 of the Revised Code and involving less than one thousand 2,014
animal units, as "animal units" is defined in the United States 2,015
environmental protection agency regulations. This exclusion does 2,016
not apply to animal waste treatment works having a controlled 2,017
direct discharge to the waters of the state or to the discharge 2,018
of animal waste into a publicly owned treatment works. 2,019
Sec. 6111.039. THE DIRECTOR OF ENVIRONMENTAL PROTECTION 2,021
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 2,022
CODE REQUIRING THE POSTING OF NOTICE REGARDING THE LAND 2,023
APPLICATION OF SLUDGE THAT IS CLASSIFIED AS CLASS B SLUDGE UNDER 2,024
40 C.F.R. 503.
Sec. 6111.04. (A) BOTH OF THE FOLLOWING APPLY EXCEPT AS 2,033
OTHERWISE PROVIDED IN DIVISION (A) OR (F) OF THIS SECTION: 2,034
(1) No person shall cause pollution or place or cause to 2,037
be placed any sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, 2,038
or other wastes in a location where they cause pollution of any 2,039
waters of the state, and any such. 2,040
(2) AN action PROHIBITED UNDER DIVISION (A)(1) OF THIS 2,042
SECTION is hereby declared to be a public nuisance, except in 2,044
47
such cases where the director of environmental protection has 2,045
issued.
DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT APPLY IF 2,047
THE PERSON CAUSING POLLUTION OR PLACING OR CAUSING TO BE PLACED 2,048
WASTES IN A LOCATION IN WHICH THEY CAUSE POLLUTION OF ANY WATERS 2,049
OF THE STATE HOLDS a valid and, unexpired permit, or renewal 2,051
thereof OF A PERMIT, GOVERNING THE CAUSING OR PLACEMENT as 2,052
provided in sections 6111.01 to 6111.08 of the Revised Code, or 2,053
an IF THE PERSON'S application for renewal OF SUCH A PERMIT is 2,054
pending.
(B) IF THE DIRECTOR ADMINISTERS A SLUDGE MANAGEMENT 2,056
PROGRAM PURSUANT TO DIVISION (S) OF SECTION 6111.03 OF THE 2,057
REVISED CODE, BOTH OF THE FOLLOWING APPLY EXCEPT AS OTHERWISE 2,058
PROVIDED IN DIVISION (B) OR (F) OF THIS SECTION: 2,060
(1) NO PERSON, IN THE COURSE OF SLUDGE MANAGEMENT, SHALL 2,062
PLACE ON LAND LOCATED IN THE STATE OR RELEASE INTO THE AIR OF THE 2,063
STATE ANY SLUDGE OR SLUDGE MATERIALS. 2,064
(2) AN ACTION PROHIBITED UNDER DIVISION (B)(1) OF THIS 2,066
SECTION IS HEREBY DECLARED TO BE A PUBLIC NUISANCE. 2,067
DIVISIONS (B)(1) AND (2) OF THIS SECTION DO NOT APPLY IF 2,069
THE PERSON PLACING OR RELEASING THE SLUDGE OR SLUDGE MATERIALS 2,071
HOLDS A VALID, UNEXPIRED PERMIT, OR RENEWAL OF A PERMIT, 2,072
GOVERNING THE PLACEMENT OR RELEASE AS PROVIDED IN SECTIONS 2,073
6111.01 TO 6111.08 OF THE REVISED CODE OR IF THE PERSON'S
APPLICATION FOR RENEWAL OF SUCH A PERMIT IS PENDING. 2,074
(C) No person to whom a permit has been issued shall place 2,076
or discharge, or cause to be placed or discharged, in any waters 2,077
of the state any sewage, SLUDGE, SLUDGE MATERIALS, industrial 2,078
waste, or other wastes in excess of the permissive discharges 2,079
specified under such THE existing permit without first receiving 2,080
a permit from the director to do so. 2,082
No person who is discharging or causing the discharge of 2,084
any sewage, industrial waste, or other wastes into the waters of 2,085
the state shall continue or cause the continuance of such 2,086
48
discharge, without first obtaining a permit therefore issued by 2,088
the director. The director shall prescribe by rule a reasonable 2,089
filing period within which applications may be filed to obtain 2,090
permits for existing discharges that have not been authorized by 2,091
permit.
(D) NO PERSON TO WHOM A SLUDGE MANAGEMENT PERMIT HAS BEEN 2,093
ISSUED SHALL PLACE ON THE LAND OR RELEASE INTO THE AIR OF THE 2,094
STATE ANY SLUDGE OR SLUDGE MATERIALS IN EXCESS OF THE PERMISSIVE 2,095
AMOUNTS SPECIFIED UNDER THE EXISTING SLUDGE MANAGEMENT PERMIT 2,096
WITHOUT FIRST RECEIVING A MODIFICATION OF THE EXISTING SLUDGE 2,097
MANAGEMENT PERMIT OR A NEW SLUDGE MANAGEMENT PERMIT TO DO SO FROM 2,098
THE DIRECTOR. 2,099
(E) The director may require the submission of such plans, 2,101
specifications, and other information as he deems THAT THE 2,102
DIRECTOR CONSIDERS relevant in connection with the issuance of 2,103
permits.
(F) This section does not apply to ANY OF THE FOLLOWING: 2,105
(A)(1) Waters used in washing sand, gravel, other 2,107
aggregates, or mineral products, when such THE washing and the 2,108
ultimate disposal of the water used in such THE washing, 2,110
including any sewage, industrial waste, or other wastes contained 2,111
in such THE waters, are entirely confined to the land under the 2,113
control of the person engaged in the recovery and processing of 2,114
such THE sand, gravel, other aggregates, or mineral products, and 2,115
do not result in the pollution of waters of the state; 2,116
(B)(2) Water, gas, or other material injected into a well 2,118
to facilitate, or which THAT is incidental to, the production of 2,119
oil, gas, artificial brine, or water derived in association with 2,121
oil or gas production and disposed of in a well, in compliance 2,122
with a permit issued under Chapter 1509. of the Revised Code, or 2,123
sewage, industrial waste, or other wastes injected into a well in 2,124
compliance with an injection well operating permit. This 2,125
division DIVISION (F)(2) OF THIS SECTION does not authorize, 2,127
without a permit, any discharge that is prohibited by, or for 2,128
49
which a permit is required by, regulation of the United States 2,129
environmental protection agency.
(C)(3) Application of any materials to land for 2,131
agricultural purposes or runoff of such THOSE materials from such 2,132
THAT application or pollution by animal waste or soil sediment, 2,134
including attached substances, resulting from farming, 2,135
silvicultural, or earthmoving activities regulated by Chapter 2,136
307. or 1515. of the Revised Code. This division DIVISION (F)(3) 2,137
OF THIS SECTION does not authorize, without a permit, any 2,138
discharge from a treatment works for treating animal wastes 2,139
having a controlled direct discharge into the waters of the 2,141
state, or any discharge that is prohibited by, or for which a
permit is required by, regulation of the United States 2,142
environmental protection agency. 2,143
(D)(4) The excrement of domestic and farm animals 2,145
defecated on land or runoff therefrom into any waters of the 2,146
state. This division DIVISION (F)(4) OF THIS SECTION does not 2,147
authorize, without a permit, any discharge that is prohibited by, 2,149
or for which a permit is required by, regulation of the United 2,150
States environmental protection agency.
(E)(5) The discharge of sewage, industrial waste, or other 2,152
wastes into a sewerage system tributary to a treatment works. 2,153
This division DIVISION (F)(5) OF THIS SECTION does not authorize 2,155
any discharge into a publicly owned treatment works in violation 2,156
of a pretreatment program applicable to such THE publicly owned 2,157
treatment works.
(F)(6) Septic tanks or any other disposal systems for the 2,159
disposal or treatment of sewage from single-family, two-family, 2,160
or three-family dwellings in compliance with the sanitary code 2,161
and section 1541.21 or 3707.01 of the Revised Code. This 2,162
division DIVISION (F)(6) OF THIS SECTION does not authorize, 2,164
without a permit, any discharge that is prohibited by, or for 2,165
which a permit is required by, regulation of the United States 2,166
environmental protection agency.
50
(7) EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF THIS 2,168
STATE AND CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER THAN 2,169
ONE HUNDRED POUNDS IN CAPACITY. AS USED IN DIVISION (F)(7) OF 2,170
THIS SECTION, "EXCEPTIONAL QUALITY SLUDGE" HAS THE SAME MEANING 2,171
AS IN DIVISION (Y) OF SECTION 3745.11 OF THE REVISED CODE. 2,172
(G) The holder of a permit issued under section 402 (a) of 2,174
the "Federal Water Pollution Control Act" need not obtain a 2,175
permit for a discharge authorized by such THE permit until its 2,176
expiration date. The director of environmental protection shall 2,177
administer and enforce such THOSE permits within this state, and 2,179
may modify the THEIR terms and conditions thereof in accordance 2,181
with division (J) of section 6111.03 of the Revised Code. 2,182
Sec. 6111.042. In accordance with Chapter 119. of the 2,191
Revised Code, the director of environmental protection shall 2,192
adopt and enforce, and may modify and repeal RESCIND, rules 2,193
setting forth and requiring compliance with national effluent 2,195
limitations, national standards of performance for new sources, 2,196
and national toxic and pretreatment effluent standards, AND 2,197
NATIONAL SLUDGE USE AND DISPOSAL STANDARDS, as necessary in order 2,198
to insure ENSURE compliance with sections 301, 306, and 307, AND 2,200
405 of the "Federal Water Pollution Control Act". No person 2,201
shall violate any such rule, except in compliance with the terms 2,202
and conditions of a permit issued under section 6111.03 of the 2,203
Revised Code.
To the extent the effluent limitations adopted by the 2,205
administrator of the United States environmental protection 2,206
agency pursuant to section 304 of the "Federal Water Pollution 2,207
Control Act" are inapplicable, the director may establish on a 2,208
case-by-case basis effluent limitations in a permit issued under 2,209
section 6111.03 of the Revised Code, based upon best engineering 2,211
PROFESSIONAL judgment. In establishing such effluent 2,212
limitations, the director shall take BOTH OF THE FOLLOWING into 2,213
consideration:
(A) The appropriate technology for the category or class 2,215
51
of point sources of which the applicant is a member, based on all 2,216
available information, including the administrator's draft or 2,217
proposed development documents or guidance; the total cost of 2,218
achieving such THE limitations in relation to the effluent 2,219
reduction benefits to be achieved; the age of equipment and 2,221
facilities involved; the process employed; the engineering 2,222
aspects of the application of various types of control techniques 2,223
and process changes; nonwater quality environmental impact, 2,224
including energy requirements; and such other factors as THAT 2,225
would have been appropriate for the administrator to consider 2,227
pursuant to section 304 of the "Federal Water Pollution Control 2,228
Act";
(B) As to the applicant for the permit, any unique factors 2,230
regarding the considerations set forth in division (A) of this 2,231
section. 2,232
Sec. 6111.05. The director of environmental protection 2,241
may, on his THE DIRECTOR'S own initiative, MAY investigate or 2,243
make inquiries into any alleged act of pollution or failure to 2,245
comply with Chapter 6111. of the Revised Code, THIS CHAPTER or 2,246
any order, ANY rule, the terms and conditions of a permit, or ANY 2,248
other determination pursuant thereto. However, upon written 2,249
complaint by any person, the director shall conduct such ANY 2,250
investigations and make such ANY inquiries as THAT are required. 2,251
The director or his THE DIRECTOR'S duly authorized 2,253
representative may enter at reasonable times upon any private or 2,255
public property to inspect and investigate conditions relating to 2,256
POLLUTION OF ANY AIR OF THE STATE OR LAND LOCATED IN THE STATE 2,257
RELATED TO THE USE, STORAGE, TREATMENT, OR DISPOSAL OF SLUDGE OR 2,258
SLUDGE MATERIALS OR pollution of any waters of the state, inspect 2,259
any monitoring equipment, inspect the drilling, conversion, or 2,260
operation of any injection well, and sample any discharges, 2,261
including discharges by "industrial users" into a publicly owned 2,262
"treatment works" as such THOSE terms are defined in sections 212 2,264
and 502 of the "Federal Water Pollution Control Act," and may 2,265
52
apply to the court of common pleas having jurisdiction for a 2,266
warrant permitting such THE entrance and inspection. 2,267
Any authorized representative of the director may at 2,269
reasonable times MAY examine any records or memoranda pertaining 2,270
to SLUDGE MANAGEMENT, the operation of disposal systems, the 2,271
drilling, conversion, or operation of injection wells, or 2,273
discharges by "industrial users" into publicly owned "treatment 2,274
works" as defined in sections 212 and 501 of the "Federal Water 2,275
Pollution Control Act." The director may require the maintenance 2,276
of records relating to SLUDGE MANAGEMENT, DISCHARGES, OR the 2,277
operation of such disposal systems, OR injection wells, or 2,280
discharges. The director may make copies of such THE records. 2,282
Any authorized representative of a publicly owned "treatment
works" may enter at reasonable times upon the premises of any 2,283
"industrial user" that discharges into the works to inspect any 2,284
monitoring equipment or method of the user, to sample any 2,285
discharges of the user into the works, or to inspect any records 2,286
or memoranda pertaining to discharges by the user into the works, 2,287
in order to ascertain compliance by the user with applicable 2,288
pretreatment standards. The representative may make copies of 2,289
such THE records. Any records, reports, or information obtained 2,290
under Chapter 6111. of the Revised Code THIS CHAPTER shall be 2,291
available for public inspection, except that: 2,293
(A) Upon a showing satisfactory to the director of 2,295
environmental protection by any person that such THE records, 2,297
reports, or information, or any particular part thereof, other
than data concerning the amounts or contents of discharges or the 2,298
quality of the receiving waters, to which the director has access 2,299
under this chapter, if made public would divulge information 2,300
entitled to protection as trade secrets of such THE person, the 2,301
director shall consider such THE record, report, or information 2,302
or particular portion thereof confidential. Prior to divulging 2,303
any alleged trade secret information pursuant to this division, 2,304
the director shall give ten days' written notice to the person 2,305
53
claiming trade secrecy. 2,306
(B) Such THE record, report, or information may be 2,308
disclosed to other officers, employees, or authorized 2,309
representatives of the state, another state, or of the United 2,310
States, when necessary to sustain an action brought pursuant to 2,312
Chapter 6111. of the Revised Code THIS CHAPTER or during an 2,313
adjudication hearing, or when otherwise necessary to fulfill any 2,315
requirement of the "Federal Water Pollution Control Act." 2,316
No person to whom a permit has been issued shall refuse 2,318
entry to any authorized representative of the director or 2,319
willfully hinder or thwart such THE representative in the 2,320
exercise of any authority granted by this section. 2,322
The director or his THE DIRECTOR'S authorized 2,324
representative, or, where necessary to monitor compliance with 2,326
pretreatment standards, the authorized representative of a 2,327
publicly owned "treatment works," may apply for, and any judge of 2,328
a court of common pleas may issue, a warrant necessary to achieve 2,329
the purposes of this chapter. 2,330
Sec. 6111.07. (A) No person shall violate or fail to 2,339
perform any duty imposed by sections 6111.01 to 6111.08 of the 2,340
Revised Code, or violate any order, rule, or term or condition of 2,341
a permit issued OR ADOPTED by the director of environmental 2,342
protection pursuant to such THOSE sections. Each day of 2,344
violation is a separate offense. 2,346
(B) The attorney general, upon the written request of the 2,348
director of environmental protection, shall prosecute any person 2,349
who violates, or who fails to perform any duty imposed by, 2,350
sections 6111.01 to 6111.08 of the Revised Code, or who violates 2,351
any order, rule, or condition of a permit issued OR ADOPTED by 2,352
the director pursuant to such THOSE sections. 2,354
The attorney general, upon written request of the director 2,356
of environmental protection, shall bring an action for an 2,357
injunction against any person violating or threatening to violate 2,358
Chapter 6111., THIS CHAPTER or violating or threatening to 2,359
54
violate any order, or rule, or condition of a permit issued OR 2,361
ADOPTED by the director pursuant to Chapter 6111 THIS CHAPTER. 2,363
In an action for injunction to enforce any final order of the 2,365
director brought pursuant to this section, the finding by the 2,366
director, after hearing, is prima-facie evidence of the facts 2,367
found therein.
(C) No person KNOWINGLY shall knowingly submit false 2,369
information or records or fail to submit information or records 2,371
pertaining to discharges OF SEWAGE, INDUSTRIAL WASTES, OR OTHER 2,372
WASTES OR TO SLUDGE MANAGEMENT required as a condition of a 2,373
permit OR KNOWINGLY RENDER INACCURATE ANY MONITORING DEVICE OR 2,374
OTHER METHOD REQUIRED TO BE MAINTAINED BY THE DIRECTOR. 2,375
Sec. 6111.44. Except as otherwise provided in section 2,384
6111.14 of the Revised Code or in rules adopted under division 2,385
(G) of section 6111.03 of the Revised Code, no municipal 2,386
corporation, county, public institution, corporation, or officer 2,387
or employee thereof, or other person shall provide or install 2,388
sewerage or treatment works for sewage, SLUDGE, OR SLUDGE 2,389
MATERIALS disposal, OR TREATMENT or make a change in any sewerage 2,391
or sewage treatment works until the plans therefor have been 2,392
submitted to and approved by the director of environmental 2,393
protection. Sections 6111.44 to 6111.46 of the Revised Code 2,394
apply to sewerage and treatment works for sewage of a municipal 2,395
corporation or part thereof, an unincorporated community, a 2,396
county sewer district, or other land outside of a municipal 2,397
corporation or any publicly or privately owned building or group 2,398
of buildings or place, used for the assemblage, entertainment, 2,399
recreation, education, correction, hospitalization, housing, or 2,400
employment of persons, but do not apply to sewerage or treatment 2,401
works for sewage installed or to be installed for the use of a 2,402
private residence or dwelling, or to animal waste treatment or 2,403
disposal works and related management and conservation practices 2,404
THAT ARE subject to rules adopted pursuant to division (E)(4) of 2,405
section 1511.02 of the Revised Code and involving less than one 2,406
55
thousand animal units as animal units are defined in the United 2,407
States environmental protection agency regulations. This 2,408
exclusion does not apply to animal waste treatment works having a 2,409
controlled direct discharge to waters of the state. 2,410
In granting an approval, the director of environmental 2,412
protection may stipulate such modifications, conditions, and 2,413
rules as THAT the public health and prevention of pollution may 2,414
require. Any action taken by the director shall be a matter of 2,415
public record and shall be entered in his THE DIRECTOR'S journal. 2,417
Each period of thirty days that a violation of this section 2,418
continues, after a conviction for such THE violation, constitutes 2,419
a separate offense. 2,420
Sec. 6111.45. No municipal corporation, county, public 2,429
institution, corporation, or officer or employee thereof, or 2,430
other person shall establish as proprietor, agent, employee, 2,431
lessee, or tenant, any garbage disposal plant, shop, factory, 2,432
mill, industrial establishment, process, trade, or business, in 2,433
the operation of which an industrial waste is produced, or make a 2,434
change in or enlargement of a garbage disposal plant, shop, 2,435
factory, mill, industrial establishment, process, trade, or 2,436
business, whereby an industrial waste is produced or materially 2,437
increased or changed in character, or install works for the 2,438
treatment or disposal of any such waste until the plans for the 2,439
disposal of such THE waste have been submitted to and approved by 2,441
the director of environmental protection. As used in sections 2,442
6111.44 to 6111.46 of the Revised Code, "industrial waste" means 2,443
SLUDGE OR SLUDGE MATERIALS OR a water-carried or a liquid waste 2,445
resulting from any process of industry, manufacture, trade, or 2,447
business, or development of any natural resource. In granting an 2,448
approval, the agency may stipulate such modifications, 2,449
conditions, and regulations as RULES THAT the public health and 2,451
welfare may require. Any action taken by the director shall be a 2,452
matter of public record and shall be entered in his THE 2,453
DIRECTOR'S journal. Each period of thirty days that a violation 2,454
56
of this section continues, after a conviction of such THE 2,455
violation, constitutes a separate offense. 2,457
Sec. 6111.46. The environmental protection agency shall 2,466
exercise general supervision of the USE, STORAGE, TREATMENT, AND 2,467
disposal of sewage and industrial wastes and the operation and 2,469
maintenance of works or means installed for the collection, USE, 2,470
STORAGE, treatment, or AND disposal of sewage and industrial 2,472
wastes. Such general supervision shall apply to all features of 2,473
construction, operation, and maintenance of such THE works or 2,474
means which THAT do or may affect the proper USE, STORAGE, 2,475
treatment of, AND disposal of such sewage and industrial wastes. 2,478
The agency shall investigate the works or means employed in the 2,479
collection, USE, STORAGE, treatment, and disposal of sewage and 2,480
industrial wastes whenever deemed CONSIDERED necessary and OR 2,482
whenever requested to do so by local health officials; and, may 2,485
adopt and enforce orders and regulations RULES governing the 2,486
operation and maintenance of such THE works or means OF USE, 2,487
STORAGE, TREATMENT, AND DISPOSAL OF SUCH SEWAGE AND INDUSTRIAL 2,488
WASTES, and may require the submission of records and data of 2,490
construction, operation, and maintenance, including plans and 2,491
descriptions of existing works or means of USE, STORAGE, 2,492
TREATMENT, AND disposal of such sewage or AND INDUSTRIAL wastes. 2,493
When the agency requires the submission of such records or 2,496
information, the public officials or person, firm, or corporation 2,497
having the works in charge shall promptly comply PROMPTLY with 2,498
such THAT order.
Section 2. That existing sections 3709.085, 3745.11, 2,500
6111.01, 6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 6111.44, 2,502
6111.45, and 6111.46 of the Revised Code are hereby repealed. 2,503
Section 3. Section 3745.11 of the Revised Code is 2,505
presented in this act as a composite of the section as amended by 2,506
both Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General 2,507
Assembly, with the new language of neither of the acts shown in 2,509
capital letters. This is in recognition of the principle stated 2,510
57
in division (B) of section 1.52 of the Revised Code that such 2,511
amendments are to be harmonized where not substantively 2,512
irreconcilable and constitutes a legislative finding that such is 2,513
the resulting version in effect prior to the effective date of 2,514
this act.