As Reported by the Senate Energy, Natural Resources 2
and Environment Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 197 6
1999-2000 7
REPRESENTATIVES KREBS-ALLEN-OPFER-PRINGLE-TERWILLEGER- 10
WILLIAMS-LOGAN-HOUSEHOLDER-FERDERBER-BARNES-KRUPINSKI- 11
GOODING-PERRY-MAIER-SENATORS CARNES-GARDNER 11
_________________________________________________________________ 13
A B I L L
To amend sections 3709.085, 3745.11, 6111.01, 15
6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 17
6111.44, 6111.45, and 6111.46 and to enact
section 6111.039 of the Revised Code to authorize 18
the Director of Environmental Protection to issue 20
permits for the use, storage, treatment, or
disposal of sludge and sludge materials, to 21
impose an annual sludge fee, and to otherwise
regulate sludge and sludge materials. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 3709.085, 3745.11, 6111.01, 26
6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 6111.44, 6111.45, 28
and 6111.46 be amended and section 6111.039 of the Revised Code 29
be enacted to read as follows:
Sec. 3709.085. (A) The board of health of a city or 38
general health district may enter into a contract with any 39
political subdivision or other governmental agency to obtain or 40
provide all or part of any services, including, but not limited 41
to, enforcement services, for the purposes of Chapter 3704. of 42
the Revised Code, the rules adopted and orders made pursuant 43
thereto, or any other ordinances or rules for the prevention, 44
control, and abatement of air pollution. 45
(B)(1) As used in division (B)(2) of this section: 47
2
(a) "Semipublic disposal system" means a disposal system 49
that treats the sanitary sewage discharged from publicly or 51
privately owned buildings or places of assemblage, entertainment, 52
recreation, education, correction, hospitalization, housing, or 53
employment, but does not include a disposal system that treats 55
sewage in amounts of more than twenty-five thousand gallons per 56
day; a disposal system for the treatment of sewage that is exempt 57
from the requirements of section 6111.04 of the Revised Code 58
pursuant to division (F)(6) of that section; or a disposal system 59
for the treatment of industrial waste. 60
(b) Terms defined in section 6111.01 of the Revised Code 62
have the same meanings as in that section. 63
(2) The board of health of a city or general health 65
district may enter into a contract with the environmental 66
protection agency to conduct on behalf of the agency inspection 67
or enforcement services, for the purposes of Chapter 6111. and 68
section 1541.21 of the Revised Code and rules adopted thereunder, 69
for the disposal or treatment of sewage from single-family, 70
two-family, or three-family dwellings located in special sanitary 71
districts designated by section 1541.21 of the Revised Code, for 72
the disposal or treatment of sewage from semipublic disposal 73
systems, or for both. The board of health of a city or general 74
health district may charge a fee established pursuant to section 75
3709.09 of the Revised Code to be paid by the owner or operator 76
of a semipublic disposal system or the owner or resident of any 78
such dwelling located in a special sanitary district for
inspections conducted by the board pursuant to a contract entered 79
into under division (B)(2) of this section, except that the board 81
shall not charge a fee for those inspections conducted at any 82
manufactured home park, recreational vehicle park, recreation 83
camp, or combined park-camp that is licensed under section 84
3733.03 of the Revised Code. 85
Sec. 3745.11. (A) Applicants for and holders of permits, 94
licenses, variances, plan approvals, and certifications issued by 95
3
the director of environmental protection pursuant to Chapters 96
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 97
fee to the environmental protection agency for each such issuance 98
and each application for an issuance as provided by this section. 99
No fee shall be charged for any issuance for which no application 100
has been submitted to the director. 101
(B) Prior to January 1, 1994, each person issued a permit 103
to operate, variance, or permit to install under section 3704.03 104
of the Revised Code shall pay the fees specified in the following 105
schedule: 106
(1) Fuel-Burning Equipment 108
Input capacity 110
(million British Permit Permit 111
thermal units to to 113
per hour) operate Variance install 116
0 or more, but 119
less than 10 $ 75 $225 $ 100
10 or more, but 120
less than 100 210 450 390
100 or more, but 121
less than 300 270 675 585
300 or more, but 122
less than 500 330 900 780
500 or more 500 975 1000 123
Any fuel-burning equipment using only natural gas, propane, 126
liquefied petroleum gas, or number two or lighter fuel oil shall 127
be assessed a fee one-half of that shown. 128
(2) Incinerators 130
Input capacity Permit Permit 133
(pounds per to to 135
hour) operate Variance install 138
0 to 50 $ 50 $225 $ 65 141
51 to 500 210 450 390 142
501 to 2000 270 675 585 143
4
2001 to 30,000 330 900 780 144
more than 30,000 500 975 1000 145
(3) Process 148
Process weight Permit Permit 151
rate to to 152
(pounds per hour) operate Variance install 155
0 to 1000 $100 $225 $ 200 158
1001 to 5000 210 450 390 159
5001 to 10,000 270 675 585 160
10,001 to 50,000 330 900 780 161
more than 50,000 500 975 1000 162
In any process where process weight rate cannot be 165
ascertained, the minimum fee shall be assessed. 166
(4) Storage tanks 168
Gallons Permit TO Permit to 171
(capacity) operate Variance install 173
less than 40,000 $150 $225 $ 195 176
40,000 or more, but 177
less than 100,000 210 450 390
100,000 or more, but 178
less than 400,000 270 675 585
400,000 or more, but 179
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 180
(5) Gasoline 183
Gasoline dispensing Permit to Permit to 186
facilities operate Variance install 188
For each gasoline 191
dispensing
facility $20 $100 $50
(6) Dry cleaning 194
Dry cleaning Permit to Permit to 197
facilities operate Variance install 199
5
For each dry 202
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 205
of the Revised Code shall be assessed a fee of two hundred fifty 206
dollars per mine or location. 207
(C)(1) Except as otherwise provided in division (C)(2) of 209
this section, beginning July 1, 1994, each person who owns or 210
operates an air contaminant source and who is required to apply 211
for and obtain a Title V permit under section 3704.036 of the 212
Revised Code shall pay the fees set forth in division (C)(1) of 213
this section. For the purposes of that division, total emissions 214
of air contaminants may be calculated using engineering 215
calculations, emissions factors, material balance calculations, 216
or performance testing procedures, as authorized by the director. 217
The following fees shall be assessed on the total actual 219
emissions from a source in tons per year of the regulated 220
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 221
organic compounds, and lead: 222
(a) Fifteen dollars per ton on the total actual emissions 224
of each such regulated pollutant during the period July through 225
December 1993, to be collected no sooner than July 1, 1994; 226
(b) Twenty dollars per ton on the total actual emissions 228
of each such regulated pollutant during calendar year 1994, to be 229
collected no sooner than April 15, 1995; 230
(c) Twenty-five dollars per ton on the total actual 232
emissions of each such regulated pollutant in calendar year 1995, 233
and each subsequent calendar year, to be collected no sooner than 234
the fifteenth day of April of the year next succeeding the 235
calendar year in which the emissions occurred. 236
The fees levied under division (C)(1) of this section do 238
not apply to that portion of the emissions of a regulated 239
pollutant at a facility that exceed four thousand tons during a 240
calendar year. 241
(2) The fees assessed under division (C)(1) of this 243
6
section are for the purpose of providing funding for the Title V 244
permit program. 245
(3) The fees assessed under division (C)(1) of this 247
section do not apply to emissions from any electric generating 248
unit designated as a Phase I unit under Title IV of the federal 249
Clean Air Act prior to calendar year 2000. Those fees shall be 250
assessed on the emissions from such a generating unit commencing 251
in calendar year 2001 based upon the total actual emissions from 252
the generating unit during calendar year 2000. 253
(4) The director shall issue invoices to owners or 255
operators of air contaminant sources who are required to pay a 256
fee assessed under division (C) or (D) of this section. Any such 257
invoice shall be issued no sooner than the applicable date when 258
the fee first may be collected in a year under the applicable 259
division, shall identify the nature and amount of the fee 260
assessed, and shall indicate that the fee is required to be paid 261
within thirty days after the issuance of the invoice. 262
(D)(1) Except as provided in division (D)(2) of this 265
section, beginning January 1, 1994, each person who owns or 266
operates an air contaminant source; who is required to apply for 267
a permit to operate pursuant to rules adopted under division (G), 268
or a variance pursuant to division (H), of section 3704.03 of the 269
Revised Code; and who is not required to apply for and obtain a 270
Title V permit under section 3704.036 of the Revised Code shall 271
pay a single fee based upon the sum of the actual annual 272
emissions from the facility of the regulated pollutants 273
particulate matter, sulfur dioxide, nitrogen oxides, organic 275
compounds, and lead in accordance with the following schedule: 276
Total tons 278
per year of regulated Annual fee 280
pollutants emitted per facility 282
More than 0, but less than 50 $ 75 284
50 or more, but less than 100 300 285
100 or more 700 286
7
(2)(a) As used in division (D) of this section, "synthetic 290
minor facility" means a facility for which one or more permits to 291
install or permits to operate have been issued for the air 292
contaminant sources at the facility that include terms and 293
conditions that lower the facility's potential to emit air 294
contaminants below the major source thresholds established in 295
rules adopted under section 3704.036 of the Revised Code. 296
(b) Beginning January 1, 2000, through June 30, 2001, each 299
person who owns or operates a synthetic minor facility shall pay 300
an annual fee based on the sum of the actual annual emissions 301
from the facility of particulate matter, sulfur dioxide, nitrogen 302
dioxide, organic compounds, and lead in accordance with the 303
following schedule:
Combined total tons 305
per year of all regulated Annual fee 307
pollutants emitted per facility 309
Less than 10 $ 170 312
10 or more, but less than 20 340 314
20 or more, but less than 30 670 316
30 or more, but less than 40 1,010 318
40 or more, but less than 50 1,340 320
50 or more, but less than 60 1,680 322
60 or more, but less than 70 2,010 324
70 or more, but less than 80 2,350 326
80 or more, but less than 90 2,680 328
90 or more, but less than 100 3,020 330
100 or more 3,350 332
(3) The fees assessed under division (D)(1) of this 336
section shall be collected annually no sooner than the fifteenth 337
day of April, commencing in 1995. The fees assessed under 338
division (D)(2) of this section shall be collected no sooner than 339
the fifteenth day of April, commencing in 2000, and shall 340
continue through June 30, 2001. The fees assessed under division 342
(D) of this section in a calendar year shall be based upon the 343
8
sum of the actual emissions of those regulated pollutants during 344
the preceding calendar year. For the purpose of division (D) of 345
this section, emissions of air contaminants may be calculated 347
using engineering calculations, emission factors, material 348
balance calculations, or performance testing procedures, as 349
authorized by the director. The director, by rule, may require 350
persons who are required to pay the fees assessed under division 351
(D) of this section to pay those fees biennially rather than 352
annually.
(E)(1) Consistent with the need to cover the reasonable 354
costs of the Title V permit program, the director annually shall 355
increase the fees prescribed in division (C)(1) of this section 356
by the percentage, if any, by which the consumer price index for 357
the most recent calendar year ending before the beginning of a 358
year exceeds the consumer price index for calendar year 1989. 359
Upon calculating an increase in fees authorized by division 360
(E)(1) of this section, the director shall compile revised fee 361
schedules for the purposes of division (C)(1) of this section and 362
shall make the revised schedules available to persons required to 363
pay the fees assessed under that division and to the public. 364
(2) For the purposes of division (E)(1) of this section: 366
(a) The consumer price index for any year is the average 368
of the consumer price index for all urban consumers published by 369
the United States department of labor as of the close of the 370
twelve-month period ending on the thirty-first day of August of 371
that year; 372
(b) If the 1989 consumer price index is revised, the 374
director shall use the revision of the consumer price index that 375
is most consistent with that for calendar year 1989. 376
(F) Each person who is issued a permit to install pursuant 378
to rules adopted under division (F) of section 3704.03 of the 379
Revised Code on or after January 1, 1994, shall pay the fees 380
specified in the following schedules: 381
(1) Fuel-burning equipment (boilers) 384
9
Input capacity (maximum) 386
(million British thermal units per Permit to install 387
hour)
Greater than 0, but less than 10 $ 200 388
10 or more, but less than 100 400 389
100 or more, but less than 300 800 390
300 or more, but less than 500 1500 391
500 or more, but less than 1000 2500 392
1000 or more, but less than 5000 4000 393
5000 or more 6000 394
Units burning exclusively natural gas, number two fuel oil, 397
or both shall be assessed a fee that is one-half the applicable 398
amount shown in division (F)(1) of this section. 399
(2) Incinerators 401
Input capacity (pounds per hour) Permit to install 403
0 to 100 $ 100 404
101 to 500 400 405
501 to 2000 750 406
2001 to 20,000 1000 407
more than 20,000 2500 408
(3)(a) Process 411
Process weight rate (pounds per Permit to install 413
hour)
0 to 1000 $ 200 414
1001 to 5000 400 415
5001 to 10,000 600 416
10,001 to 50,000 800 417
more than 50,000 1000 418
In any process where process weight rate cannot be 421
ascertained, the minimum fee shall be assessed. 422
(b) Notwithstanding division (F)(3)(a) of this section, 424
any person issued a permit to install pursuant to rules adopted 425
under division (F) of section 3704.03 of the Revised Code shall 426
pay the fees set forth in division (F)(3)(c) of this section for 427
10
a process used in any of the following industries, as identified 428
by the applicable four-digit standard industrial classification 429
code according to the Standard Industrial Classification Manual 430
published by the United States office of management and budget in 431
the executive office of the president, 1972, as revised: 432
1211 Bituminous coal and lignite mining; 434
1213 Bituminous coal and lignite mining services; 436
1411 Dimension stone; 438
1422 Crushed and broken limestone; 440
1427 Crushed and broken stone, not elsewhere classified; 442
1442 Construction sand and gravel; 444
1446 Industrial sand; 446
3281 Cut stone and stone products; 448
3295 Minerals and earth, ground or otherwise treated. 450
(c) The fees set forth in the following schedule apply to 452
the issuance of a permit to install pursuant to rules adopted 453
under division (F) of section 3704.03 of the Revised Code for a 454
process identified in division (F)(3)(b) of this section: 455
Process weight rate Permit to install 457
(pounds per hour)
0 to 10,000 $200 458
10,001 to 50,000 300 459
50,001 to 100,000 400 460
100,001 to 200,000 500 461
200,001 to 400,000 600 462
400,001 or more 700 463
(4) Storage tanks 466
Gallons (maximum useful Permit to install 468
capacity)
0 to 20,000 $100 469
20,001 to 40,000 150 470
40,001 to 100,000 200 471
100,001 to 250,000 250 472
250,001 to 500,000 350 473
11
500,001 to 1,000,000 500 474
1,000,001 or greater 750 475
(5) Gasoline/fuel dispensing facilities 478
For each gasoline/fuel Permit to install 480
dispensing facility
(includes all units at $100 481
the facility)
(6) Dry cleaning facilities 484
For each dry cleaning Permit to install 486
facility
(includes all units at $100 487
the facility)
(7) Registration status 490
Permit to install 492
For each source covered 493
by registration status $75
(G) An owner or operator who is responsible for an 496
asbestos demolition or renovation project pursuant to rules 497
adopted under section 3704.03 of the Revised Code shall pay the 498
fees set forth in the following schedule: 499
Action Fee 501
Each notification $75 502
Asbestos removal $3/unit 503
Asbestos cleanup $4/cubic yard 504
For purposes of this division, "unit" means any combination of 507
linear feet or square feet equal to fifty. 508
(H) A person who is issued an extension of time for a 510
permit to install an air contaminant source pursuant to rules 511
adopted under division (F) of section 3704.03 of the Revised Code 512
shall pay a fee equal to one-half the fee originally assessed for 513
the permit to install under this section, except that the fee for 514
such an extension shall not exceed two hundred dollars. 515
(I) A person who is issued a modification to a permit to 517
install an air contaminant source pursuant to rules adopted under 518
12
section 3704.03 of the Revised Code shall pay a fee equal to 519
one-half of the fee that would be assessed under this section to 520
obtain a permit to install the source. The fee assessed by this 521
division only applies to modifications that are initiated by the 522
owner or operator of the source and shall not exceed two thousand 523
dollars. 524
(J) Notwithstanding division (B) or (F) of this section, a 526
person who applies for or obtains a permit to install pursuant to 527
rules adopted under division (F) of section 3704.03 of the 528
Revised Code after the date actual construction of the source 529
began shall pay a fee for the permit to install that is equal to 530
twice the fee that otherwise would be assessed under the 531
applicable division unless the applicant received authorization 532
to begin construction under division (W) of section 3704.03 of 533
the Revised Code. This division only applies to sources for 534
which actual construction of the source begins on or after July 535
1, 1993. The imposition or payment of the fee established in 536
this division does not preclude the director from taking any 537
administrative or judicial enforcement action under this chapter, 538
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 539
rule adopted under any of them, in connection with a violation of 540
rules adopted under division (F) of section 3704.03 of the 541
Revised Code. 542
As used in this division, "actual construction of the 544
source" means the initiation of physical on-site construction 545
activities in connection with improvements to the source that are 546
permanent in nature, including, without limitation, the 547
installation of building supports and foundations and the laying 548
of underground pipework. 549
(K) Fifty cents per ton of each fee assessed under 551
division (C) of this section on actual emissions from a source 552
and received by the environmental protection agency pursuant to 553
that division shall be deposited into the state treasury to the 554
credit of the small business assistance fund created in section 555
13
3706.19 of the Revised Code. The remainder of the moneys 556
received by the division pursuant to that division and moneys 557
received by the agency pursuant to divisions (D), (F), (G), (H), 558
(I), and (J) of this section shall be deposited in the state 559
treasury to the credit of the clean air fund created in section 560
3704.035 of the Revised Code. 561
(L)(1)(a) Except as otherwise provided in division 563
(L)(1)(b) or (c) of this section, a person issued a water 564
discharge permit or renewal of a water discharge permit pursuant 565
to Chapter 6111. of the Revised Code shall pay a fee based on 566
each point source to which the issuance is applicable in 567
accordance with the following schedule: 568
Design flow discharge (gallons per day) Fee 570
0 to 1000 $ 0 573
1,001 to 5000 100 574
5,001 to 50,000 200 575
50,001 to 100,000 300 576
100,001 to 300,000 525 577
over 300,000 750 578
(b) Notwithstanding the fee schedule specified in division 581
(L)(1)(a) of this section, the fee for a water discharge permit 582
that is applicable to coal mining operations regulated under 583
Chapter 1513. of the Revised Code shall be two hundred fifty 584
dollars per mine. 585
(c) Notwithstanding the fee schedule specified in division 587
(L)(1)(a) of this section, the fee for a water discharge permit 588
for a public discharger identified by I in the third character of 589
the permittee's NPDES permit number shall not exceed seven 590
hundred fifty dollars. 591
(2) A person applying for a plan approval for a wastewater 593
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 594
of the Revised Code shall pay a fee of one hundred dollars plus 595
sixty-five one-hundredths of one per cent of the estimated 596
project cost through June 30, 2002, and one hundred dollars plus 598
14
two-tenths of one per cent of the estimated project cost on and 599
after July 1, 2002, except that the total fee shall not exceed 601
fifteen thousand dollars through June 30, 2002, and five thousand 603
dollars on and after July 1, 2002. The fee shall be paid at the 604
time the application is submitted.
(3) A person issued a modification of a water discharge 606
permit shall pay a fee equal to one-half the fee that otherwise 607
would be charged for a water discharge permit, except that the 608
fee for the modification shall not exceed four hundred dollars. 609
(4) A person who has entered into an agreement with the 611
director under section 6111.14 of the Revised Code shall pay an 612
administrative service fee for each plan submitted under that 613
section for approval that shall not exceed the minimum amount 614
necessary to pay administrative costs directly attributable to 615
processing plan approvals. The director annually shall calculate 616
the fee and shall notify all persons who have entered into 617
agreements under that section, or who have applied for 618
agreements, of the amount of the fee. 619
(5)(a)(i) Not later than January 30, 2000, and January 30, 622
2001, a person holding an NPDES discharge permit issued pursuant 623
to Chapter 6111. of the Revised Code with an average daily 624
discharge flow of five thousand gallons or more shall pay a 625
nonrefundable annual discharge fee. Any person who fails to pay 626
the fee at that time shall pay an additional amount that equals 627
ten per cent of the required annual discharge fee. 628
(ii) The billing year for the annual discharge fee 630
established in division (L)(5)(a)(i) of this section shall 632
consist of a twelve-month period beginning on the first day of 633
January of the year preceding the date when the annual discharge 635
fee is due. In the case of an existing source that permanently 636
ceases to discharge during a billing year, the director shall 637
reduce the annual discharge fee, including the surcharge 638
applicable to certain industrial facilities pursuant to division 639
(L)(5)(c) of this section, by one-twelfth for each full month 640
15
during the billing year that the source was not discharging, but 641
only if the person holding the NPDES discharge permit for the 642
source notifies the director in writing, not later than the first 643
day of October of the billing year, of the circumstances causing 645
the cessation of discharge.
(iii) The annual discharge fee established in division 648
(L)(5)(a)(i) of this section, except for the surcharge applicable 649
to certain industrial facilities pursuant to division (L)(5)(c) 651
of this section, shall be based upon the average daily discharge 652
flow in gallons per day calculated using first day of May through 653
thirty-first day of October flow data for the period two years 654
prior to the date on which the fee is due. In the case of NPDES 655
discharge permits for new sources, the fee shall be calculated 657
using the average daily design flow of the facility until actual 658
average daily discharge flow values are available for the time 659
period specified in division (L)(5)(a)(iii) of this section. The 660
annual discharge fee may be prorated for a new source as 661
described in division (L)(5)(a)(ii) of this section. 662
(b) An NPDES permit holder that is a public discharger 664
shall pay the fee specified in the following schedule: 665
Average daily Fee due by Fee due by 668
discharge flow January 30, 2000 January 30, 2001 670
5,000 to 49,999 $ 180 $ 200 675
50,000 to 100,000 450 500 677
100,001 to 250,000 900 1,050 679
250,001 to 1,000,000 2,250 2,600 681
1,000,001 to 5,000,000 4,500 5,200 683
5,000,001 to 10,000,000 9,000 10,350 685
10,000,001 to 20,000,000 13,500 15,550 687
20,000,001 to 50,000,000 22,500 25,900 689
50,000,001 to 100,000,000 36,000 41,400 691
100,000,001 or more 54,000 62,100 693
Public dischargers owning or operating two or more publicly 696
owned treatment works serving the same political subdivision, as 697
16
"treatment works" is defined in section 6111.01 of the Revised 698
Code, and that serve exclusively political subdivisions having a 700
population of fewer than one hundred thousand shall pay an annual 701
discharge fee under division (L)(5)(b) of this section that is 702
based on the combined average daily discharge flow of the 703
treatment works.
(C) An NPDES permit holder that is an industrial 706
discharger, other than a coal mining operator identified by P in 708
the third character of the permittee's NPDES permit number, shall 709
pay the fee specified in the following schedule:
Average daily Fee due by Fee due by 712
discharge flow January 30, 2000 January 30, 2001 714
5,000 to 49,999 $ 180 $ 250 719
50,000 to 250,000 900 1,200 721
250,001 to 1,000,000 2,250 2,950 723
1,000,001 to 5,000,000 4,500 5,850 725
5,000,001 to 10,000,000 6,750 8,800 727
10,000,001 to 20,000,000 9,000 11,700 729
20,000,001 to 100,000,000 10,800 14,050 731
100,000,001 to 250,000,000 12,600 16,400 733
250,000,001 or more 14,400 18,700 735
In addition to the fee specified in the above schedule, an 738
NPDES permit holder that is an industrial discharger classified 740
as a major discharger during all or part of the annual discharge 741
fee billing year specified in division (L)(5)(a)(ii) of this 743
section shall pay a nonrefundable annual surcharge of six
thousand seven hundred fifty dollars not later than January 30, 745
2000, and a nonrefundable annual surcharge of seven thousand five 746
hundred dollars not later than January 30, 2001. Any person who 747
fails to pay the surcharge at that time shall pay an additional 749
amount that equals ten per cent of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 751
section, a public discharger identified by I in the third 752
character of the permittee's NPDES permit number and an 753
17
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 754
the third character of the permittee's NPDES permit number shall 756
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 2000, and not later than 758
January 30, 2001. Any person who fails to pay the fee at that 759
time shall pay an additional amount that equals ten per cent of 760
the required fee. 761
(6) The director shall transmit all moneys collected under 763
division (L) of this section to the treasurer of state for 764
deposit into the state treasury to the credit of the surface 765
water protection fund created in section 6111.038 of the Revised 766
Code. 767
(7) As used in division (L) of this section: 769
(a) "NPDES" means the federally approved national 771
pollutant discharge elimination system program for issuing, 772
modifying, revoking, reissuing, terminating, monitoring, and 773
enforcing permits and imposing and enforcing pretreatment 774
requirements under Chapter 6111. of the Revised Code and rules 775
adopted under it. 776
(b) "Public discharger" means any holder of an NPDES 778
permit identified by P in the second character of the NPDES 779
permit number assigned by the director. 780
(c) "Industrial discharger" means any holder of an NPDES 783
permit identified by I in the second character of the NPDES 784
permit number assigned by the director. 785
(d) "Major discharger" means any holder of an NPDES permit 788
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the 789
director. 790
(M) Through June 30, 2002, a person applying for a license 792
or license renewal to operate a public water system under section 793
6109.21 of the Revised Code shall pay the appropriate fee 794
established under this division at the time of application to the 795
director. Any person who fails to pay the fee at that time shall 796
18
pay an additional amount that equals ten per cent of the required 797
fee. The director shall transmit all moneys collected under this 798
division to the treasurer of state for deposit into the drinking 799
water protection fund created in section 6109.30 of the Revised 800
Code. 801
Fees required under this division shall be calculated and 803
paid in accordance with the following schedule: 804
(1) For the initial license required under division (A)(1) 806
of section 6109.21 of the Revised Code for any public water 807
system that is a community water system as defined in section 808
6109.01 of the Revised Code, and for each license renewal 809
required for such a system prior to January 31, 2002, the fee is: 811
Number of service connections Fee amount 813
Not more than 49 $ 56 816
50 to 99 88 817
Number of service connections Average cost per connection 820
100 to 2,499 $ .96 822
2,500 to 4,999 .92 823
5,000 to 7,499 .88 824
7,500 to 9,999 .84 825
10,000 to 14,999 .80 826
15,000 to 24,999 .76 827
25,000 to 49,999 .72 828
50,000 to 99,999 .68 829
100,000 to 149,999 .64 830
150,000 to 199,999 .60 831
200,000 or more .56 832
A public water system may determine how it will pay the 835
total amount of the fee calculated under division (M)(1) of this 836
section, including the assessment of additional user fees that 837
may be assessed on a volumetric basis. 838
As used in division (M)(1) of this section, "service 840
connection" means the number of active or inactive pipes, 841
goosenecks, pigtails, and any other fittings connecting a water 842
19
main to any building outlet. 843
(2) For the initial license required under division (A)(2) 845
of section 6109.21 of the Revised Code for any public water 846
system that is not a community water system and serves a 847
nontransient population, and for each license renewal required 848
for such a system prior to January 31, 2002, the fee is: 849
Population served Fee amount 851
Fewer than 150 $ 56 854
150 to 299 88 855
300 to 749 192 856
750 to 1,499 392 857
1,500 to 2,999 792 858
3,000 to 7,499 1,760 859
7,500 to 14,999 3,800 860
15,000 to 22,499 6,240 861
22,500 to 29,999 8,576 862
30,000 or more 11,600 863
As used in division (M)(2) of this section, "population 866
served" means the total number of individuals receiving water 867
from the water supply during a twenty-four-hour period for at 868
least sixty days during any calendar year. In the absence of a 869
specific population count, that number shall be calculated at the 870
rate of three individuals per service connection. 871
(3) For the initial license required under division (A)(3) 873
of section 6109.21 of the Revised Code for any public water 874
system that is not a community water system and serves a 875
transient population, and for each license renewal required for 876
such a system prior to January 31, 2002, the fee is: 877
Number of wells supplying system Fee amount 879
1 $ 56 882
2 56 883
3 88 884
4 192 885
5 392 886
20
System supplied by surface 889
water, springs, or dug wells 792 890
As used in division (M)(3) of this section, "number of 893
wells supplying system" means those wells that are physically 894
connected to the plumbing system serving the public water system. 895
(N)(1) A person applying for a plan approval for a public 897
water supply system under section 6109.07 of the Revised Code 898
shall pay a fee of one hundred dollars plus two-tenths of one per 899
cent of the estimated project cost, except that the total fee 900
shall not exceed fifteen thousand dollars through June 30, 2002, 902
and five thousand dollars on and after July 1, 2002. The fee 903
shall be paid at the time the application is submitted. 904
(2) A person who has entered into an agreement with the 906
director under division (A)(2) of section 6109.07 of the Revised 907
Code shall pay an administrative service fee for each plan 908
submitted under that section for approval that shall not exceed 909
the minimum amount necessary to pay administrative costs directly 910
attributable to processing plan approvals. The director annually 911
shall calculate the fee and shall notify all persons that have 912
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee. 913
(3) Through June 30, 2002, the following fee, on a per 915
survey basis, shall be charged any person for services rendered 917
by the state in the evaluation of laboratories and laboratory 918
personnel for compliance with accepted analytical techniques and 919
procedures established pursuant to Chapter 6109. of the Revised 920
Code for determining the qualitative characteristics of water: 921
microbiological $1,650 923
organic chemical 3,500 924
inorganic chemical 3,500 925
standard chemistry 1,800 926
limited chemistry 1,000 927
On and after July 1, 2002, the following fee, on a per 930
survey basis, shall be charged any such person: 931
21
microbiological $250 933
chemical/radiological 250 934
nitrate/turbidity (only) 150 935
The fee for those services shall be paid at the time the request 938
for the survey is made. Through June 30, 2002, an individual 940
laboratory shall not be assessed a fee under this division more 941
than once in any three-year period. 942
The director shall transmit all moneys collected under this 944
division to the treasurer of state for deposit into the drinking 945
water protection fund created in section 6109.30 of the Revised 946
Code. 947
(O) Any person applying to the director for examination 949
for certification as an operator of a water supply system or 950
wastewater system under Chapter 6109. or 6111. of the Revised 951
Code, at the time the application is submitted, shall pay an 952
application fee of twenty-five dollars through June 30, 2002, and 954
ten dollars on and after July 1, 2002. Upon approval from the 955
director that the applicant is eligible to take the examination 956
therefor, the applicant shall pay a fee in accordance with the 957
following schedule through June 30, 2002: 958
Class I operator $45 960
Class II operator 55 961
Class III operator 65 962
Class IV operator 75 963
On and after July 1, 2002, the applicant shall pay a fee in 967
accordance with the following schedule:
Class I operator $25 969
Class II operator 35 970
Class III operator 45 971
Class IV operator 55 972
The director shall transmit all moneys collected under this 975
division to the treasurer of state for deposit into the drinking 976
water protection fund created in section 6109.30 of the Revised 977
Code. 978
22
(P) Through June 30, 2002, any person submitting an 980
application for an industrial water pollution control certificate 981
under section 6111.31 of the Revised Code shall pay a 982
nonrefundable fee of five hundred dollars at the time the 983
application is submitted. The director shall transmit all moneys 984
collected under this division to the treasurer of state for 985
deposit into the surface water protection fund created in section 986
6111.038 of the Revised Code. A person paying a certificate fee 987
under this division shall not pay an application fee under 988
division (S)(1) of this section. 989
(Q) Except as otherwise provided in division (R) of this 991
section, a person issued a permit by the director for a new solid 992
waste disposal facility other than an incineration or composting 993
facility, a new infectious waste treatment facility other than an 994
incineration facility, or a modification of such an existing 995
facility that includes an increase in the total disposal or 996
treatment capacity of the facility pursuant to Chapter 3734. of 997
the Revised Code shall pay a fee of ten dollars per thousand 998
cubic yards of disposal or treatment capacity, or one thousand 999
dollars, whichever is greater, except that the total fee for any 1,000
such permit shall not exceed eighty thousand dollars. A person 1,001
issued a modification of a permit for a solid waste disposal 1,002
facility or an infectious waste treatment facility that does not 1,003
involve an increase in the total disposal or treatment capacity 1,004
of the facility shall pay a fee of one thousand dollars. A 1,005
person issued a permit to install a new, or modify an existing, 1,006
solid waste transfer facility under that chapter shall pay a fee 1,007
of two thousand five hundred dollars. A person issued a permit 1,008
to install a new or to modify an existing solid waste 1,009
incineration or composting facility, or an existing infectious 1,010
waste treatment facility using incineration as its principal 1,011
method of treatment, under that chapter shall pay a fee of one 1,012
thousand dollars. The increases in the permit fees under this 1,013
division resulting from the amendments made by Amended Substitute 1,014
23
House Bill 592 of the 117th general assembly do not apply to any 1,015
person who submitted an application for a permit to install a 1,016
new, or modify an existing, solid waste disposal facility under 1,017
that chapter prior to September 1, 1987; any such person shall 1,018
pay the permit fee established in this division as it existed 1,019
prior to June 24, 1988. In addition to the applicable permit fee 1,020
under this division, a person issued a permit to install or 1,021
modify a solid waste facility or an infectious waste treatment 1,022
facility under that chapter who fails to pay the permit fee to 1,023
the director in compliance with division (V) of this section 1,024
shall pay an additional ten per cent of the amount of the fee for 1,025
each week that the permit fee is late. 1,026
Permit and late payment fees paid to the director under 1,028
this division shall be credited to the general revenue fund. 1,029
(R)(1) A person issued a registration certificate for a 1,031
scrap tire collection facility under section 3734.75 of the 1,032
Revised Code shall pay a fee of two hundred dollars, except that 1,033
if the facility is owned or operated by a motor vehicle salvage 1,034
dealer licensed under Chapter 4738. of the Revised Code, the 1,035
person shall pay a fee of twenty-five dollars. 1,036
(2) A person issued a registration certificate for a new 1,038
scrap tire storage facility under section 3734.76 of the Revised 1,039
Code shall pay a fee of three hundred dollars, except that if the 1,040
facility is owned or operated by a motor vehicle salvage dealer 1,041
licensed under Chapter 4738. of the Revised Code, the person 1,042
shall pay a fee of twenty-five dollars. 1,043
(3) A person issued a permit for a scrap tire storage 1,045
facility under section 3734.76 of the Revised Code shall pay a 1,046
fee of one thousand dollars, except that if the facility is owned 1,047
or operated by a motor vehicle salvage dealer licensed under 1,048
Chapter 4738. of the Revised Code, the person shall pay a fee of 1,049
fifty dollars. 1,050
(4) A person issued a permit for a scrap tire monocell or 1,052
monofill facility under section 3734.77 of the Revised Code shall 1,053
24
pay a fee of ten dollars per thousand cubic yards of disposal 1,054
capacity or one thousand dollars, whichever is greater, except 1,055
that the total fee for any such permit shall not exceed eighty 1,056
thousand dollars. 1,057
(5) A person issued a registration certificate for a scrap 1,059
tire recovery facility under section 3734.78 of the Revised Code 1,060
shall pay a fee of one hundred dollars. 1,061
(6) A person issued a permit for a scrap tire recovery 1,063
facility under section 3734.78 of the Revised Code shall pay a 1,064
fee of one thousand dollars. 1,065
(7) In addition to the applicable registration certificate 1,067
or permit fee under divisions (R)(1) to (6) of this section, a 1,068
person issued a registration certificate or permit for any such 1,069
scrap tire facility who fails to pay the registration certificate 1,070
or permit fee to the director in compliance with division (V) of 1,071
this section shall pay an additional ten per cent of the amount 1,072
of the fee for each week that the fee is late. 1,073
(8) The registration certificate, permit, and late payment 1,075
fees paid to the director under divisions (R)(1) to (7) of this 1,076
section shall be credited to the scrap tire management fund 1,077
created in section 3734.82 of the Revised Code. 1,078
(S)(1) Except as provided by divisions (L), (M), (N), (O), 1,080
(P), and (S)(2) of this section, division (A)(2) of section 1,081
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 1,082
and rules adopted under division (T)(1) of this section, any 1,083
person applying for a registration certificate under section 1,084
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 1,085
variance, or plan approval under Chapter 3734. of the Revised 1,086
Code shall pay a nonrefundable fee of fifteen dollars at the time 1,087
the application is submitted. 1,088
Except as otherwise provided, any person applying for a 1,090
permit, variance, or plan approval under Chapter 6109. or 6111. 1,091
of the Revised Code shall pay a nonrefundable fee of one hundred 1,092
dollars at the time the application is submitted through June 30, 1,093
25
2002, and a nonrefundable fee of fifteen dollars at the time the 1,095
application is submitted on and after July 1, 2002. Through June 1,096
30, 2002, any person applying for a national pollutant discharge 1,098
elimination system permit under Chapter 6111. of the Revised Code 1,099
shall pay a nonrefundable fee of two hundred dollars at the time 1,101
of application for the permit. On and after July 1, 2002, such a 1,103
person shall pay a nonrefundable fee of fifteen dollars at the
time of application. 1,104
The director shall transmit all moneys collected under 1,106
division (S)(1) of this section pursuant to Chapter 6109. of the 1,107
Revised Code to the treasurer of state for deposit into the 1,108
drinking water protection fund created in section 6109.30 of the 1,109
Revised Code.
The director shall transmit all moneys collected under 1,111
division (S)(1) of this section pursuant to Chapter 6111. of the 1,112
Revised Code to the treasurer of state for deposit into the 1,113
surface water protection fund created in section 6111.038 of the 1,114
Revised Code.
If a registration certificate is issued under section 1,116
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 1,117
the application fee paid shall be deducted from the amount of the 1,118
registration certificate fee due under division (R)(1), (2), or 1,119
(5) of this section, as applicable. 1,120
(2) Division (S)(1) of this section does not apply to an 1,122
application for a registration certificate for a scrap tire 1,123
collection or storage facility submitted under section 3734.75 or 1,124
3734.76 of the Revised Code, as applicable, if the owner or 1,125
operator of the facility or proposed facility is a motor vehicle 1,126
salvage dealer licensed under Chapter 4738. of the Revised Code. 1,127
(T) The director may adopt, amend, and rescind rules in 1,129
accordance with Chapter 119. of the Revised Code that do all of 1,130
the following: 1,131
(1) Prescribe fees to be paid by applicants for and 1,133
holders of any license, permit, variance, plan approval, or 1,134
26
certification required or authorized by Chapter 3704., 3734., 1,135
6109., or 6111. of the Revised Code that are not specifically 1,136
established in this section. The fees shall be designed to 1,137
defray the cost of processing, issuing, revoking, modifying, 1,138
denying, and enforcing the licenses, permits, variances, plan 1,139
approvals, and certifications. 1,140
The director shall transmit all moneys collected under 1,142
rules adopted under division (T)(1) of this section pursuant to 1,143
Chapter 6109. of the Revised Code to the treasurer of state for 1,144
deposit into the drinking water protection fund created in 1,145
section 6109.30 of the Revised Code. 1,146
The director shall transmit all moneys collected under 1,148
rules adopted under division (T)(1) of this section pursuant to 1,149
Chapter 6111. of the Revised Code to the treasurer of state for 1,150
deposit into the surface water protection fund created in section 1,151
6111.038 of the Revised Code. 1,152
(2) Exempt the state and political subdivisions thereof, 1,154
including education facilities or medical facilities owned by the 1,155
state or a political subdivision, or any person exempted from 1,156
taxation by section 5709.07 or 5709.12 of the Revised Code, from 1,157
any fee required by this section; 1,158
(3) Provide for the waiver of any fee, or any part 1,160
thereof, otherwise required by this section whenever the director 1,161
determines that the imposition of the fee would constitute an 1,162
unreasonable cost of doing business for any applicant, class of 1,163
applicants, or other person subject to the fee; 1,164
(4) Prescribe measures that the director considers 1,166
necessary to carry out this section. 1,167
(U) When the director reasonably demonstrates that the 1,169
direct cost to the state associated with the issuance of a permit 1,170
to install, license, variance, plan approval, or certification 1,171
exceeds the fee for the issuance or review specified by this 1,172
section, the director may condition the issuance or review on the 1,173
payment by the person receiving the issuance or review of, in 1,174
27
addition to the fee specified by this section, the amount, or any 1,175
portion thereof, in excess of the fee specified under this 1,176
section. The director shall not so condition issuances for which 1,177
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 1,178
section. 1,179
(V) Except as provided in divisions (L), (M), and (P) of 1,181
this section or unless otherwise prescribed by a rule of the 1,182
director adopted pursuant to Chapter 119. of the Revised Code, 1,183
all fees required by this section are payable within thirty days 1,184
after the issuance of an invoice for the fee by the director or 1,185
the effective date of the issuance of the license, permit, 1,186
variance, plan approval, or certification. If payment is late, 1,187
the person responsible for payment of the fee shall pay an 1,188
additional ten per cent of the amount due for each month that it 1,189
is late. 1,190
(W) As used in this section, "fuel-burning equipment," 1,193
"fuel-burning equipment input capacity," "incinerator," 1,194
"incinerator input capacity," "process," "process weight rate," 1,195
"storage tank," "gasoline dispensing facility," "dry cleaning
facility," "design flow discharge," and "new source treatment 1,196
works" have the meanings ascribed to those terms by applicable 1,197
rules or standards adopted by the director under Chapter 3704. or 1,198
6111. of the Revised Code. 1,199
(X) As used in divisions (B), (C), (D), (E), (F), (H), 1,201
(I), and (J) of this section, and in any other provision of this 1,202
section pertaining to fees paid pursuant to Chapter 3704. of the 1,203
Revised Code: 1,204
(1) "Facility," "federal Clean Air Act," "person," and 1,207
"Title V permit" have the same meanings as in section 3704.01 of
the Revised Code. 1,208
(2) "Title V permit program" means the following 1,210
activities as necessary to meet the requirements of Title V of 1,211
the federal Clean Air Act and 40 C.F.R. part 70, including at 1,212
least: 1,213
28
(a) Preparing and adopting, if applicable, generally 1,215
applicable rules or guidance regarding the permit program or its 1,216
implementation or enforcement; 1,217
(b) Reviewing and acting on any application for a Title V 1,219
permit, permit revision, or permit renewal, including the 1,220
development of an applicable requirement as part of the 1,221
processing of a permit, permit revision, or permit renewal; 1,222
(c) Administering the permit program, including the 1,224
supporting and tracking of permit applications, compliance 1,225
certification, and related data entry; 1,226
(d) Determining which sources are subject to the program 1,228
and implementing and enforcing the terms of any Title V permit, 1,229
not including any court actions or other formal enforcement 1,230
actions; 1,231
(e) Emission and ambient monitoring; 1,233
(f) Modeling, analyses, or demonstrations; 1,235
(g) Preparing inventories and tracking emissions; 1,237
(h) Providing direct and indirect support to small 1,239
business stationary sources to determine and meet their 1,240
obligations under the federal Clean Air Act pursuant to the small 1,241
business stationary source technical and environmental compliance 1,242
assistance program required by section 507 of that act and 1,243
established in sections 3704.18, 3704.19, and 3706.19 of the 1,244
Revised Code. 1,245
(Y)(1) EXCEPT AS PROVIDED IN DIVISIONS (Y)(2), (3), AND 1,249
(4) OF THIS SECTION, EACH SEWAGE SLUDGE FACILITY SHALL PAY A 1,251
NONREFUNDABLE ANNUAL SLUDGE FEE EQUAL TO THREE DOLLARS AND FIFTY 1,252
CENTS PER DRY TON OF SEWAGE SLUDGE, INCLUDING THE DRY TONS OF 1,253
SEWAGE SLUDGE IN MATERIALS DERIVED FROM SEWAGE SLUDGE, THAT THE 1,254
SEWAGE SLUDGE FACILITY TREATS OR DISPOSES OF IN THIS STATE. THE 1,255
ANNUAL VOLUME OF SEWAGE SLUDGE TREATED OR DISPOSED OF BY A SEWAGE 1,256
SLUDGE FACILITY SHALL BE CALCULATED USING THE FIRST DAY OF 1,257
JANUARY THROUGH THE THIRTY-FIRST DAY OF DECEMBER OF THE CALENDAR 1,259
YEAR PRECEDING THE DATE ON WHICH PAYMENT OF THE FEE IS DUE. 1,260
29
(2)(a) EXCEPT AS PROVIDED IN DIVISION (Y)(2)(d) OF THIS 1,263
SECTION, EACH SEWAGE SLUDGE FACILITY SHALL PAY A MINIMUM ANNUAL 1,264
SEWAGE SLUDGE FEE OF ONE HUNDRED DOLLARS.
(b) THE ANNUAL SLUDGE FEE REQUIRED TO BE PAID BY A SEWAGE 1,267
SLUDGE FACILITY THAT TREATS OR DISPOSES OF EXCEPTIONAL QUALITY 1,268
SLUDGE IN THIS STATE SHALL BE THIRTY-FIVE PER CENT LESS PER DRY 1,269
TON OF EXCEPTIONAL QUALITY SLUDGE THAN THE FEE ASSESSED UNDER 1,270
DIVISION (Y)(1) OF THIS SECTION, SUBJECT TO THE FOLLOWING 1,272
EXCEPTIONS:
(i) EXCEPT AS PROVIDED IN DIVISION (Y)(2)(d) OF THIS 1,275
SECTION, A SEWAGE SLUDGE FACILITY THAT TREATS OR DISPOSES OF 1,276
EXCEPTIONAL QUALITY SLUDGE SHALL PAY A MINIMUM ANNUAL SEWAGE 1,277
SLUDGE FEE OF ONE HUNDRED DOLLARS. 1,278
(ii) A SEWAGE SLUDGE FACILITY THAT TREATS OR DISPOSES OF 1,281
EXCEPTIONAL QUALITY SLUDGE SHALL NOT BE REQUIRED TO PAY THE 1,282
ANNUAL SLUDGE FEE FOR TREATMENT OR DISPOSAL IN THIS STATE OF 1,283
EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF THIS STATE AND 1,284
CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER THAN ONE 1,285
HUNDRED POUNDS IN CAPACITY.
A THIRTY-FIVE PER CENT REDUCTION FOR EXCEPTIONAL QUALITY 1,287
SLUDGE APPLIES TO THE MAXIMUM ANNUAL FEES ESTABLISHED UNDER 1,289
DIVISION (Y)(3) OF THIS SECTION. 1,290
(c) A SEWAGE SLUDGE FACILITY THAT TRANSFERS SEWAGE SLUDGE 1,293
TO ANOTHER SEWAGE SLUDGE FACILITY IN THIS STATE FOR FURTHER 1,295
TREATMENT PRIOR TO DISPOSAL IN THIS STATE SHALL NOT BE REQUIRED 1,296
TO PAY THE ANNUAL SLUDGE FEE FOR THE TONS OF SEWAGE SLUDGE THAT 1,297
HAVE BEEN TRANSFERRED. IN SUCH A CASE, THE SEWAGE SLUDGE 1,299
FACILITY THAT DISPOSES OF THE SEWAGE SLUDGE SHALL PAY THE ANNUAL 1,300
SLUDGE FEE. HOWEVER, THE FACILITY TRANSFERRING THE SEWAGE SLUDGE
SHALL PAY THE ONE-HUNDRED-DOLLAR MINIMUM FEE REQUIRED UNDER 1,301
DIVISION (Y)(2)(a) OF THIS SECTION. 1,302
IN THE CASE OF A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE 1,304
SLUDGE IN THIS STATE AND TRANSFERS IT OUT OF THIS STATE TO 1,305
ANOTHER ENTITY FOR DISPOSAL, THE SEWAGE SLUDGE FACILITY IN THIS 1,306
30
STATE SHALL BE REQUIRED TO PAY THE ANNUAL SLUDGE FEE FOR THE TONS 1,308
OF SEWAGE SLUDGE THAT HAVE BEEN TRANSFERRED.
(d) A SEWAGE SLUDGE FACILITY THAT GENERATES SEWAGE SLUDGE 1,310
RESULTING FROM AN AVERAGE DAILY DISCHARGE FLOW OF LESS THAN FIVE 1,311
THOUSAND GALLONS PER DAY IS NOT SUBJECT TO THE FEES ASSESSED 1,314
UNDER DIVISION (Y) OF THIS SECTION.
(3) NO SEWAGE SLUDGE FACILITY REQUIRED TO PAY THE ANNUAL 1,316
SLUDGE FEE SHALL BE REQUIRED TO PAY MORE THAN THE MAXIMUM ANNUAL 1,317
FEE FOR EACH DISPOSAL METHOD THAT THE SEWAGE SLUDGE FACILITY 1,318
USES. THE MAXIMUM ANNUAL FEE DOES NOT INCLUDE THE ADDITIONAL 1,319
AMOUNT THAT MAY BE CHARGED UNDER DIVISION (Y)(5) OF THIS SECTION 1,321
FOR LATE PAYMENT OF THE ANNUAL SLUDGE FEE. THE MAXIMUM ANNUAL 1,322
FEE FOR THE FOLLOWING METHODS OF DISPOSAL OF SEWAGE SLUDGE IS AS 1,323
FOLLOWS: 1,324
(a) INCINERATION: FIVE THOUSAND DOLLARS; 1,327
(b) PREEXISTING LAND RECLAMATION PROJECT OR DISPOSAL IN A 1,329
LANDFILL: FIVE THOUSAND DOLLARS; 1,331
(c) LAND APPLICATION, LAND RECLAMATION, SURFACE DISPOSAL, 1,334
OR ANY OTHER DISPOSAL METHOD NOT SPECIFIED IN DIVISION (Y)(3)(a) 1,336
OR (b) OF THIS SECTION: TWENTY THOUSAND DOLLARS. 1,338
(4)(a) IN THE CASE OF AN ENTITY THAT GENERATES SEWAGE 1,341
SLUDGE OR A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE SLUDGE AND 1,342
TRANSFERS THE SEWAGE SLUDGE TO AN INCINERATION FACILITY FOR 1,343
DISPOSAL, THE INCINERATION FACILITY, AND NOT THE ENTITY 1,344
GENERATING THE SEWAGE SLUDGE OR THE SEWAGE SLUDGE FACILITY 1,345
TREATING THE SEWAGE SLUDGE, SHALL PAY THE ANNUAL SLUDGE FEE FOR 1,346
THE TONS OF SEWAGE SLUDGE THAT ARE TRANSFERRED. HOWEVER, THE
ENTITY OF FACILITY GENERATING OR TREATING THE SEWAGE SLUDGE SHALL 1,347
PAY THE ONE-HUNDRED-DOLLAR MINIMUM FEE REQUIRED UNDER DIVISION 1,349
(Y)(2)(a) OF THIS SECTION.
(b) IN THE CASE OF AN ENTITY THAT GENERATES SEWAGE SLUDGE 1,352
AND TRANSFERS THE SEWAGE SLUDGE TO A LANDFILL FOR DISPOSAL OR TO 1,354
A SEWAGE SLUDGE FACILITY FOR LAND RECLAMATION OR SURFACE
DISPOSAL, THE ENTITY GENERATING THE SEWAGE SLUDGE, AND NOT THE 1,356
31
LANDFILL OR SEWAGE SLUDGE FACILITY, SHALL PAY THE ANNUAL SLUDGE 1,357
FEE FOR THE TONS OF SEWAGE SLUDGE THAT ARE TRANSFERRED. 1,359
(5) NOT LATER THAN THE FIRST DAY OF APRIL OF THE CALENDAR 1,362
YEAR FOLLOWING THE EFFECTIVE DATE OF THIS AMENDMENT AND EACH 1,363
FIRST DAY OF APRIL THEREAFTER, THE DIRECTOR SHALL ISSUE INVOICES 1,364
TO PERSONS WHO ARE REQUIRED TO PAY THE ANNUAL SLUDGE FEE. THE 1,365
INVOICE SHALL IDENTIFY THE NATURE AND AMOUNT OF THE ANNUAL SLUDGE 1,366
FEE ASSESSED AND STATE THE FIRST DAY OF MAY AS THE DEADLINE FOR 1,368
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 1,371
FEE.
NOT LATER THAN THE FIRST DAY OF MAY FOLLOWING RECEIPT OF AN 1,374
INVOICE, A PERSON REQUIRED TO PAY THE ANNUAL SLUDGE FEE MAY 1,375
SUBMIT OBJECTIONS TO THE DIRECTOR CONCERNING THE ACCURACY OF 1,376
INFORMATION REGARDING THE NUMBER OF DRY TONS OF SEWAGE SLUDGE 1,377
USED TO CALCULATE THE AMOUNT OF THE ANNUAL SLUDGE FEE OR 1,378
REGARDING WHETHER THE SEWAGE SLUDGE QUALIFIES FOR THE EXCEPTIONAL 1,379
QUALITY SLUDGE DISCOUNT ESTABLISHED IN DIVISION (Y)(2)(b) OF THIS 1,382
SECTION. THE DIRECTOR MAY CONSIDER THE OBJECTIONS AND ADJUST THE 1,383
AMOUNT OF THE FEE TO ENSURE THAT IT IS ACCURATE.
IF THE DIRECTOR DOES NOT ADJUST THE AMOUNT OF THE ANNUAL 1,385
SLUDGE FEE IN RESPONSE TO A PERSON'S OBJECTIONS, THE PERSON MAY 1,386
APPEAL THE DIRECTOR'S DETERMINATION IN ACCORDANCE WITH CHAPTER 1,388
119. OF THE REVISED CODE. 1,390
NOT LATER THAN THE FIRST DAY OF JUNE, THE DIRECTOR SHALL 1,393
NOTIFY THE OBJECTING PERSON REGARDING WHETHER THE DIRECTOR HAS 1,394
FOUND THE OBJECTIONS TO BE VALID AND THE REASONS FOR THE FINDING. 1,395
IF THE DIRECTOR FINDS THE OBJECTIONS TO BE VALID AND ADJUSTS THE 1,396
AMOUNT OF THE ANNUAL SLUDGE FEE ACCORDINGLY, THE DIRECTOR SHALL 1,397
ISSUE WITH THE NOTIFICATION A NEW INVOICE TO THE PERSON 1,398
IDENTIFYING THE AMOUNT OF THE ANNUAL SLUDGE FEE ASSESSED AND 1,399
STATING THE FIRST DAY OF JULY AS THE DEADLINE FOR PAYMENT. 1,401
NOT LATER THAN THE FIRST DAY OF JULY, ANY PERSON WHO IS 1,404
REQUIRED TO DO SO SHALL PAY THE ANNUAL SLUDGE FEE. ANY PERSON 1,405
32
WHO IS REQUIRED TO PAY THE FEE, BUT WHO FAILS TO DO SO ON OR 1,406
BEFORE THAT DATE SHALL PAY AN ADDITIONAL AMOUNT THAT EQUALS TEN 1,407
PER CENT OF THE REQUIRED ANNUAL SLUDGE FEE.
(6) THE DIRECTOR SHALL TRANSMIT ALL MONEYS COLLECTED UNDER 1,410
DIVISION (Y) OF THIS SECTION TO THE TREASURER OF STATE FOR 1,411
DEPOSIT INTO THE SURFACE WATER PROTECTION FUND CREATED IN SECTION 1,412
6111.038 OF THE REVISED CODE. THE MONEYS SHALL BE USED TO DEFRAY 1,415
THE COSTS OF ADMINISTERING AND ENFORCING PROVISIONS IN CHAPTER 1,416
6111. OF THE REVISED CODE AND RULES ADOPTED UNDER IT THAT GOVERN 1,419
THE USE, STORAGE, TREATMENT, OR DISPOSAL OF SEWAGE SLUDGE. 1,420
(7) BEGINNING IN FISCAL YEAR 2001, AND EVERY TWO YEARS 1,422
THEREAFTER, THE DIRECTOR SHALL REVIEW THE TOTAL AMOUNT OF MONEYS 1,423
GENERATED BY THE ANNUAL SLUDGE FEES TO DETERMINE IF THAT AMOUNT 1,425
EXCEEDS SIX HUNDRED THOUSAND DOLLARS IN EITHER OF THE TWO 1,427
PRECEDING FISCAL YEARS. IF THE TOTAL AMOUNT OF MONEYS IN THE
FUND EXCEEDED SIX HUNDRED THOUSAND DOLLARS IN EITHER FISCAL YEAR, 1,428
THE DIRECTOR, AFTER REVIEW OF THE FEE STRUCTURE AND CONSULTATION 1,429
WITH AFFECTED PERSONS, SHALL ISSUE AN ORDER REDUCING THE AMOUNT 1,431
OF THE FEES LEVIED UNDER DIVISION (Y) OF THIS SECTION SO THAT THE 1,432
ESTIMATED AMOUNT OF MONEYS RESULTING FROM THE FEES WILL NOT 1,433
EXCEED SIX HUNDRED THOUSAND DOLLARS IN ANY FISCAL YEAR.
IF, UPON REVIEW OF THE FEES UNDER DIVISION (Y)(7) OF THIS 1,435
SECTION AND AFTER THE FEES HAVE BEEN REDUCED, THE DIRECTOR 1,436
DETERMINES THAT THE TOTAL AMOUNT OF MONEYS COLLECTED AND 1,437
ACCUMULATED IS LESS THAN SIX HUNDRED THOUSAND DOLLARS, THE 1,438
DIRECTOR, AFTER REVIEW OF THE FEE STRUCTURE AND CONSULTATION WITH
AFFECTED PERSONS, MAY ISSUE AN ORDER INCREASING THE AMOUNT OF THE 1,439
FEES LEVIED UNDER DIVISION (Y) OF THIS SECTION SO THAT THE 1,440
ESTIMATED AMOUNT OF MONEYS RESULTING FROM THE FEES WILL BE 1,441
APPROXIMATELY SIX HUNDRED THOUSAND DOLLARS. FEES SHALL NEVER BE 1,442
INCREASED TO AN AMOUNT EXCEEDING THE AMOUNT SPECIFIED IN DIVISION 1,443
(Y)(7) OF THIS SECTION.
NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE, THE 1,445
DIRECTOR MAY ISSUE AN ORDER UNDER DIVISION (Y)(7) OF THIS SECTION 1,446
33
WITHOUT THE NECESSITY TO HOLD AN ADJUDICATORY HEARING IN 1,447
CONNECTION WITH THE ORDER. THE ISSUANCE OF AN ORDER UNDER THIS 1,448
DIVISION IS NOT AN ACT OR ACTION FOR PURPOSES OF SECTION 3745.04
OF THE REVISED CODE. 1,449
(8) AS USED IN DIVISION (Y) OF THIS SECTION: 1,452
(a) "SEWAGE SLUDGE FACILITY" MEANS AN ENTITY THAT PERFORMS 1,455
TREATMENT ON OR IS RESPONSIBLE FOR THE DISPOSAL OF SEWAGE SLUDGE. 1,456
(b) "SEWAGE SLUDGE" MEANS A SOLID, SEMI-SOLID, OR LIQUID 1,459
RESIDUE GENERATED DURING THE TREATMENT OF DOMESTIC SEWAGE IN A 1,460
TREATMENT WORKS AS DEFINED IN SECTION 6111.01 OF THE REVISED 1,462
CODE. "SEWAGE SLUDGE" INCLUDES, BUT IS NOT LIMITED TO, SCUM OR 1,463
SOLIDS REMOVED IN PRIMARY, SECONDARY, OR ADVANCED WASTEWATER 1,464
TREATMENT PROCESSES. "SEWAGE SLUDGE" DOES NOT INCLUDE ASH 1,466
GENERATED DURING THE FIRING OF SEWAGE SLUDGE IN A SEWAGE SLUDGE 1,467
INCINERATOR, GRIT AND SCREENINGS GENERATED DURING PRELIMINARY 1,468
TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT WORKS, ANIMAL MANURE, 1,469
RESIDUE GENERATED DURING TREATMENT OF ANIMAL MANURE, OR DOMESTIC 1,470
SEPTAGE.
(c) "EXCEPTIONAL QUALITY SLUDGE" MEANS SEWAGE SLUDGE THAT 1,473
MEETS ALL OF THE FOLLOWING QUALIFICATIONS: 1,474
(i) SATISFIES THE CLASS A PATHOGEN STANDARDS IN 40 C.F.R. 1,478
503.32(a); 1,479
(ii) SATISFIES ONE OF THE VECTOR ATTRACTION REDUCTION 1,482
REQUIREMENTS IN 40 C.F.R. 503.33(b)(1) TO (b)(8); 1,485
(iii) DOES NOT EXCEED THE CEILING CONCENTRATION 1,488
LIMITATIONS FOR METALS LISTED IN TABLE ONE OF 40 C.F.R. 503.13; 1,490
(iv) DOES NOT EXCEED THE CONCENTRATION LIMITATIONS FOR 1,493
METALS LISTED IN TABLE THREE OF 40 C.F.R. 503.13. 1,495
(d) "TREATMENT" MEANS THE PREPARATION OF SEWAGE SLUDGE FOR 1,498
FINAL USE OR DISPOSAL AND INCLUDES, BUT IS NOT LIMITED TO, 1,499
THICKENING, STABILIZATION, AND DEWATERING OF SEWAGE SLUDGE. 1,500
(e) "DISPOSAL" MEANS THE FINAL USE OF SEWAGE SLUDGE, 1,503
INCLUDING, BUT NOT LIMITED TO, LAND APPLICATION, LAND 1,504
RECLAMATION, SURFACE DISPOSAL, OR DISPOSAL IN A LANDFILL OR AN 1,505
34
INCINERATOR.
(f) "LAND APPLICATION" MEANS THE SPRAYING OR SPREADING OF 1,508
SEWAGE SLUDGE ONTO THE LAND SURFACE, THE INJECTION OF SEWAGE 1,509
SLUDGE BELOW THE LAND SURFACE, OR THE INCORPORATION OF SEWAGE 1,510
SLUDGE INTO THE SOIL FOR THE PURPOSES OF CONDITIONING THE SOIL OR 1,511
FERTILIZING CROPS OR VEGETATION GROWN IN THE SOIL. 1,512
(g) "LAND RECLAMATION" MEANS THE RETURNING OF DISTURBED 1,515
LAND TO PRODUCTIVE USE.
(h) "SURFACE DISPOSAL" MEANS THE PLACEMENT OF SLUDGE ON AN 1,518
AREA OF LAND FOR DISPOSAL, INCLUDING, BUT NOT LIMITED TO, 1,519
MONOFILLS, SURFACE IMPOUNDMENTS, LAGOONS, WASTE PILES, OR 1,520
DEDICATED DISPOSAL SITES.
(i) "INCINERATOR" MEANS AN ENTITY THAT DISPOSES OF SEWAGE 1,523
SLUDGE THROUGH THE COMBUSTION OF ORGANIC MATTER AND INORGANIC 1,524
MATTER IN SEWAGE SLUDGE BY HIGH TEMPERATURES IN AN ENCLOSED 1,525
DEVICE.
(j) "INCINERATION FACILITY" INCLUDES ALL INCINERATORS 1,528
OWNED OR OPERATED BY THE SAME ENTITY AND LOCATED ON A CONTIGUOUS 1,529
TRACT OF LAND. AREAS OF LAND ARE CONSIDERED TO BE CONTIGUOUS 1,530
EVEN IF THEY ARE SEPARATED BY A PUBLIC ROAD OR HIGHWAY. 1,531
(k) "ANNUAL SLUDGE FEE" MEANS THE FEE ASSESSED UNDER 1,534
DIVISION (Y)(1) OF THIS SECTION. 1,535
(l) "LANDFILL" MEANS A SANITARY LANDFILL FACILITY, AS 1,537
DEFINED IN RULES ADOPTED UNDER SECTION 3734.02 OF THE REVISED 1,538
CODE, THAT IS LICENSED UNDER SECTION 3734.05 OF THE REVISED CODE. 1,540
(m) "PREEXISTING LAND RECLAMATION PROJECT" MEANS A 1,542
PROPERTY-SPECIFIC LAND RECLAMATION PROJECT THAT HAS BEEN IN 1,543
CONTINUOUS OPERATION FOR NOT LESS THAN FIVE YEARS PURSUANT TO 1,545
APPROVAL OF THE ACTIVITY BY THE DIRECTOR AND INCLUDES THE 1,546
IMPLEMENTATION OF A COMMUNITY OUTREACH PROGRAM CONCERNING THE
ACTIVITY. 1,547
Sec. 6111.01. As used in this chapter: 1,556
(A) "Pollution" means the placing of any sewage, SLUDGE, 1,559
SLUDGE MATERIALS, industrial waste, or other wastes in any waters 1,560
35
of the state.
(B) "Sewage" means any liquid waste containing SLUDGE, 1,562
SLUDGE MATERIALS, OR animal or vegetable matter in suspension or 1,564
solution, and may include household wastes as commonly discharged 1,565
from residences and from commercial, institutional, or similar 1,566
facilities.
(C) "Industrial waste" means any liquid, gaseous, or solid 1,568
waste substance resulting from any process of industry, 1,569
manufacture, trade, or business, or from the development, 1,570
processing, or recovery of any natural resource, together with 1,571
such sewage as is present. 1,572
(D) "Other wastes" means garbage, refuse, decayed wood, 1,574
sawdust, shavings, bark, and other wood debris, lime, sand, 1,575
ashes, offal, night soil, oil, tar, coal dust, dredged or fill 1,576
material, or silt, other substances that are not sewage, SLUDGE, 1,577
SLUDGE MATERIALS, or industrial waste, and any other "pollutants" 1,579
or "toxic pollutants" as defined in the Federal Water Pollution 1,580
Control Act that are not sewage, SLUDGE, SLUDGE MATERIALS, or 1,581
industrial waste. 1,582
(E) "Sewerage system" means pipelines or conduits, pumping 1,584
stations, and force mains, and all other constructions, devices, 1,585
appurtenances, and facilities used for collecting or conducting 1,586
water-borne sewage, industrial waste, or other wastes to a point 1,587
of disposal or treatment, but does not include plumbing fixtures, 1,588
building drains and subdrains, building sewers, and building 1,589
storm sewers. 1,590
(F) "Treatment works" means any plant, disposal field, 1,592
lagoon, dam, pumping station, building sewer connected directly 1,593
to treatment works, incinerator, or other works used for the 1,594
purpose of treating, stabilizing, BLENDING, COMPOSTING, or 1,595
holding sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or 1,597
other wastes, except as otherwise defined.
(G) "Disposal system" means a system for disposing of 1,599
sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or other 1,600
36
wastes and includes sewerage systems and treatment works. 1,602
(H) "Waters of the state" means all streams, lakes, ponds, 1,604
marshes, watercourses, waterways, wells, springs, irrigation 1,605
systems, drainage systems, and other bodies or accumulations of 1,607
water, surface and underground, natural or artificial, regardless 1,608
of the depth of the strata in which underground water is located, 1,609
that are situated wholly or partly within, or border upon, this 1,611
state, or are within its jurisdiction, except those private 1,612
waters that do not combine or effect a junction with natural 1,614
surface or underground waters.
(I) "Person" means the state, any municipal corporation, 1,616
any OTHER political subdivision of the state, any person as 1,617
defined in section 1.59 of the Revised Code, any interstate body 1,619
created by compact, or the federal government or any department, 1,620
agency, or instrumentality thereof. 1,621
(J) "Industrial water pollution control facility" means 1,623
any disposal system or any treatment works, pretreatment works, 1,624
appliance, equipment, machinery, pipeline or conduit, pumping 1,625
station, force main, or installation constructed, used, or placed 1,626
in operation primarily for the purpose of collecting or 1,627
conducting industrial waste to a point of disposal or treatment; 1,628
reducing, controlling, or eliminating water pollution caused by 1,629
industrial waste; or reducing, controlling, or eliminating the 1,631
discharge into a disposal system of industrial waste or what
would be industrial waste if discharged into the waters of the 1,632
state. 1,633
(K) "Schedule of compliance" means a schedule of remedial 1,635
measures including an enforceable sequence of actions or 1,636
operations leading to compliance with standards and rules adopted 1,637
under sections 6111.041 and 6111.042 of the Revised Code or 1,638
compliance with terms and conditions of permits set under 1,639
division (J) of section 6111.03 of the Revised Code. 1,640
(L) "Federal Water Pollution Control Act" means the 1,642
"Federal Water Pollution Control Act Amendments of 1972," 86 1,643
37
Stat. 886, 33 U.S.C.A. 1251, as amended by the "Clean Water Act 1,644
of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, AND ALL OTHER 1,645
AMENDMENTS TO THAT ACT. 1,646
(M) "Historically channelized watercourse" means the 1,649
portion of a watercourse on which an improvement, as defined in 1,650
divisions (C)(2) to (4) of section 6131.01 of the Revised Code,
was constructed pursuant to Chapter 1515., 6131., or 6133. of the 1,651
Revised Code or a similar state law that preceded any of those 1,653
chapters and authorized such an improvement. 1,654
(N) "SLUDGE" MEANS SEWAGE SLUDGE AND A SOLID, SEMI-SOLID, 1,659
OR LIQUID RESIDUE THAT IS GENERATED FROM AN INDUSTRIAL WASTEWATER 1,660
TREATMENT PROCESS AND THAT IS APPLIED TO LAND FOR AGRONOMIC 1,661
BENEFIT. "SLUDGE" DOES NOT INCLUDE ASH GENERATED DURING THE 1,662
FIRING OF SLUDGE IN A SLUDGE INCINERATOR, GRIT AND SCREENING 1,663
GENERATED DURING PRELIMINARY TREATMENT OF SEWAGE IN A TREATMENT 1,664
WORKS, ANIMAL MANURE, RESIDUE GENERATED DURING TREATMENT OF 1,666
ANIMAL MANURE, OR DOMESTIC SEPTAGE.
(O) "SLUDGE MATERIALS" MEANS SOLID, SEMI-SOLID, OR LIQUID 1,669
MATERIALS DERIVED FROM SLUDGE AND INCLUDES PRODUCTS FROM A 1,670
TREATMENT WORKS THAT RESULT FROM THE TREATMENT, BLENDING, OR 1,671
COMPOSTING OF SLUDGE.
(P) "STORAGE OF SLUDGE" MEANS THE PLACEMENT OF SLUDGE ON 1,674
LAND ON WHICH THE SLUDGE REMAINS FOR NOT LONGER THAN TWO YEARS, 1,675
BUT DOES NOT INCLUDE THE PLACEMENT OF SLUDGE ON LAND FOR 1,676
TREATMENT.
(Q) "SLUDGE DISPOSAL PROGRAM" MEANS ANY PROGRAM USED BY AN 1,679
ENTITY THAT BEGINS WITH THE GENERATION OF SLUDGE AND INCLUDES 1,680
TREATMENT OR DISPOSAL OF THE SLUDGE, AS "TREATMENT" AND 1,681
"DISPOSAL" ARE DEFINED IN DIVISION (Y) OF SECTION 3745.11 OF THE 1,682
REVISED CODE.
(R) "AGRONOMIC BENEFIT" MEANS ANY PROCESS THAT PROMOTES OR 1,685
ENHANCES PLANT GROWTH AND INCLUDES, BUT IS NOT LIMITED TO, A 1,686
PROCESS THAT INCREASES SOIL FERTILITY AND MOISTURE RETENTION. 1,687
(S) "SLUDGE MANAGEMENT" MEANS THE USE, STORAGE, TREATMENT, 1,690
38
OR DISPOSAL OF, AND MANAGEMENT PRACTICES RELATED TO, SLUDGE AND 1,691
SLUDGE MATERIALS. 1,692
(T) "SLUDGE MANAGEMENT PERMIT" MEANS A PERMIT FOR SLUDGE 1,696
MANAGEMENT THAT IS ISSUED UNDER DIVISION (J) OF SECTION 6111.03 1,697
OF THE REVISED CODE. 1,698
(U) "SEWAGE SLUDGE" HAS THE SAME MEANING AS IN DIVISION 1,701
(Y) OF SECTION 3745.11 OF THE REVISED CODE.
Sec. 6111.03. The director of environmental protection may 1,711
do any of the following:
(A) Develop plans and programs for the prevention, 1,713
control, and abatement of new or existing pollution of the waters 1,714
of the state; 1,715
(B) Advise, consult, and cooperate with other agencies of 1,717
the state, the federal government, other states, and interstate 1,718
agencies and with affected groups, political subdivisions, and 1,719
industries in furtherance of the purposes of this chapter. 1,720
Before adopting, amending, or rescinding a standard or rule 1,721
pursuant to division (G) of this section or section 6111.041 or 1,723
6111.042 of the Revised Code, the director shall do all of the
following:
(1) Mail notice to each statewide organization that he THE 1,725
DIRECTOR determines represents persons who would be affected by 1,726
the proposed standard or rule, amendment thereto, or rescission 1,727
thereof at least thirty-five days before any public hearing 1,728
thereon;
(2) Mail a copy of each proposed standard or rule, 1,730
amendment thereto, or rescission thereof to any person who 1,731
requests a copy, within five days after receipt of the request 1,732
therefor;
(3) Consult with appropriate state and local government 1,734
agencies or their representatives, including statewide 1,735
organizations of local government officials, industrial 1,736
representatives, and other interested persons. 1,737
Although the director is expected to diligently discharge 1,739
39
these duties DILIGENTLY, failure to mail any such notice or copy 1,740
or to so consult with any person shall not invalidate any 1,742
proceeding or action of the director. 1,743
(C) Administer grants from the federal government and from 1,745
other sources, public or private, for carrying out any of its 1,746
functions, all such moneys to be deposited in the state treasury 1,747
and kept by the treasurer of state in a separate fund subject to 1,748
the lawful orders of the director; 1,749
(D) Administer state grants for the construction of sewage 1,751
and waste collection and treatment works; 1,752
(E) Encourage, participate in, or conduct studies, 1,754
investigations, research, and demonstrations relating to water 1,755
pollution, and the causes, prevention, control, and abatement 1,756
thereof, as is THAT ARE advisable and necessary for the discharge 1,758
of his duties under this chapter; 1,759
(F) Collect and disseminate information relating to water 1,761
pollution and prevention, control, and abatement thereof; 1,762
(G) Adopt, amend, and rescind rules in accordance with 1,764
Chapter 119. of the Revised Code governing the procedure for 1,765
hearings, the filing of reports, the issuance of permits, the 1,766
issuance of industrial water pollution control certificates, and 1,767
all other matters relating to procedure; 1,768
(H) Issue, modify, or revoke orders to prevent, control, 1,770
or abate water pollution BY SUCH MEANS as follows THE FOLLOWING: 1,772
(1) Prohibiting or abating discharges of sewage, 1,774
industrial waste, or other wastes into the waters of the state; 1,775
(2) Requiring the construction of new disposal systems or 1,777
any parts thereof, or the modification, extension, or alteration 1,778
of existing disposal systems or any parts thereof; 1,779
(3) Prohibiting additional connections to or extensions of 1,781
a sewerage system when the connections or extensions would result 1,783
in an increase in the polluting properties of the effluent from 1,784
the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted 1,786
40
under section 6111.041 or 6111.042 SECTIONS 6111.01 TO 6111.05 of 1,788
the Revised Code, or term or condition of a permit. 1,790
In the making of those orders, wherever compliance with a 1,792
rule adopted under section 6111.042 of the Revised Code is not 1,793
involved, consistent with the "Federal Water Pollution Control 1,794
Act," the director shall give consideration to, and base his THE 1,796
determination on, evidence relating to the technical feasibility 1,797
and economic reasonableness of complying with those orders and to 1,798
evidence relating to conditions calculated to result from 1,799
compliance with those orders, and their relation to benefits to 1,800
the people of the state to be derived from such compliance in 1,801
accomplishing the purposes of this chapter. 1,802
(I) Review plans, specifications, or other data relative 1,804
to disposal systems or any part thereof in connection with the 1,805
issuance of orders, permits, and industrial water pollution 1,806
control certificates under this chapter; 1,807
(J)(1) Issue, revoke, modify, or deny SLUDGE MANAGEMENT 1,809
PERMITS AND permits for the discharge of sewage, industrial 1,813
waste, or other wastes into the waters of the state, and for the 1,814
installation or modification of disposal systems or any parts 1,815
thereof in compliance with all requirements of the "Federal Water 1,816
Pollution Control Act" and mandatory regulations adopted 1,817
thereunder, INCLUDING REGULATIONS ADOPTED UNDER SECTION 405 OF 1,818
THE FEDERAL WATER POLLUTION CONTROL ACT, and set terms and 1,819
conditions of permits, including schedules of compliance, where 1,820
necessary. The terms and conditions shall be designed to achieve 1,821
and maintain full compliance with the national effluent 1,822
limitations, national standards of performance for new sources, 1,823
and national toxic and pretreatment effluent standards set under 1,824
that act, and any other mandatory requirements of that act that 1,825
are imposed by regulation of the administrator of the United 1,826
States environmental protection agency. An IF AN APPLICANT FOR A 1,827
SLUDGE MANAGEMENT PERMIT ALSO APPLIES FOR A RELATED PERMIT FOR 1,828
THE DISCHARGE OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTES INTO 1,829
41
THE WATERS OF THE STATE, THE DIRECTOR MAY COMBINE THE TWO PERMITS 1,830
AND ISSUE ONE PERMIT TO THE APPLICANT.
A SLUDGE MANAGEMENT PERMIT IS NOT REQUIRED FOR AN ENTITY 1,832
THAT TREATS OR TRANSPORTS SEWAGE SLUDGE OR FOR A SANITARY 1,833
LANDFILL WHEN ALL OF THE FOLLOWING APPLY: 1,834
(a) THE ENTITY OR SANITARY LANDFILL DOES NOT GENERATE THE 1,836
SEWAGE SLUDGE. 1,837
(b) PRIOR TO RECEIPT AT THE SANITARY LANDFILL, THE ENTITY 1,839
HAS ENSURED THAT THE SEWAGE SLUDGE MEETS THE REQUIREMENTS 1,840
ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 1,841
3734.02 OF THE REVISED CODE CONCERNING DISPOSAL OF MUNICIPAL 1,842
SOLID WASTE IN A SANITARY LANDFILL. 1,844
(c) DISPOSAL OF THE SEWAGE SLUDGE OCCURS AT A SANITARY 1,846
LANDFILL THAT COMPLIES WITH RULES ADOPTED BY THE DIRECTOR UNDER 1,847
SECTION 3734.02 OF THE REVISED CODE. 1,848
AS USED IN DIVISION (J)(1) OF THIS SECTION, "SANITARY 1,850
LANDFILL" MEANS A SANITARY LANDFILL FACILITY, AS DEFINED IN RULES 1,851
ADOPTED UNDER SECTION 3734.02 OF THE REVISED CODE, THAT IS 1,852
LICENSED AS A SOLID WASTE FACILITY UNDER SECTION 3734.05 OF THE 1,853
REVISED CODE.
(2) AN application for a permit or renewal thereof shall 1,856
be denied if any of the following applies:
(1)(a) The secretary of the army determines in writing 1,858
that anchorage or navigation would be substantially impaired 1,859
thereby;
(2)(b) The director determines that the proposed discharge 1,861
or source would conflict with an area wide AREAWIDE waste 1,862
treatment management plan adopted in accordance with section 208 1,863
of the "Federal Water Pollution Control Act"; 1,864
(3)(c) The administrator of the United States 1,866
environmental protection agency objects in writing to the 1,867
issuance or renewal of the permit in accordance with section 402 1,868
(d) of the "Federal Water Pollution Control Act"; 1,869
(4)(d) The application is for the discharge of any 1,871
42
radiological, chemical, or biological warfare agent, or 1,872
high-level radioactive waste into the waters of the United 1,873
States. 1,874
(3) To achieve and maintain applicable standards of 1,876
quality for the waters of the state adopted pursuant to section 1,877
6111.041 of the Revised Code, the director shall impose, where 1,878
necessary and appropriate, as conditions of each permit, water 1,879
quality related effluent limitations in accordance with sections 1,880
301, 302, 306, and 307, AND 405 of the "Federal Water Pollution 1,882
Control Act" and, to the extent consistent with that act, shall 1,884
give consideration to, and base his THE determination on, 1,885
evidence relating to the technical feasibility and economic 1,886
reasonableness of removing the polluting properties from those 1,887
wastes and to evidence relating to conditions calculated to 1,888
result from that action and their relation to benefits to the 1,889
people of the state and to accomplishment of the purposes of this 1,890
chapter.
(4) Where a discharge having a thermal component from a 1,892
source that is constructed or modified on or after October 18, 1,893
1972, meets national or state effluent limitations or more 1,894
stringent permit conditions designed to achieve and maintain 1,895
compliance with applicable standards of quality for the waters of 1,896
the state, which limitations or conditions will ensure protection 1,897
and propagation of a balanced, indigenous population of 1,898
shellfish, fish, and wildlife in or on the body of water into 1,899
which the discharge is made, taking into account the interaction 1,900
of the thermal component with sewage, industrial waste, or other 1,901
wastes, the director shall not impose any more stringent 1,902
limitation on the thermal component of the discharge, as a 1,903
condition of a permit or renewal thereof for the discharge, 1,904
during a ten-year period beginning on the date of completion of 1,905
the construction or modification of the source, or during the 1,906
period of depreciation or amortization of the source for the 1,907
purpose of section 167 or 169 of the Internal Revenue Code of 1,908
43
1954, whichever period ends first. 1,909
(5) The director shall specify in permits for the 1,911
discharge of sewage, industrial waste, and other wastes, the net 1,912
volume, net weight, duration, frequency, and, where necessary, 1,913
concentration of the sewage, industrial waste, and other wastes 1,914
that may be discharged into the waters of the state. The 1,915
director shall specify in those permits AND IN SLUDGE MANAGEMENT 1,916
PERMITS that the permit is conditioned upon payment of applicable 1,918
fees as required by section 3745.11 of the Revised Code and upon 1,919
the right of his THE DIRECTOR'S authorized representatives to 1,920
enter upon the premises of the person to whom the permit has been 1,921
issued for the purpose of determining compliance with this
chapter, rules adopted thereunder, or the terms and conditions of 1,922
a permit, order, or other determination. The director shall 1,923
issue or deny an application for a SLUDGE MANAGEMENT PERMIT OR A 1,924
permit for a new discharge, for the installation or modification 1,926
of a disposal system, or for THE renewal of a permit, within one 1,927
hundred eighty days of the date on which he receives a complete 1,928
application with all plans, specifications, construction 1,929
schedules, and other pertinent information required by the 1,930
director IS RECEIVED. The
(6) THE director may condition permits upon the 1,934
installation of discharge or water quality monitoring equipment 1,935
or devices and the filing of such periodic reports on the amounts 1,936
and contents of discharges and the quality of receiving waters as 1,937
THAT the director prescribes. The director shall condition each 1,939
permit for a government-owned disposal system or any other 1,940
publicly owned "treatment works" as defined in the "Federal Water 1,941
Pollution Control Act" upon the reporting of new introductions of 1,942
industrial waste or other wastes and substantial changes in 1,943
volume or character thereof being introduced into those systems 1,944
or works from "industrial users" as defined in section 502 of 1,945
that act, as necessary to comply with section 402(b)(8) of that 1,946
act; upon the identification of the character and volume of 1,947
44
pollutants subject to pretreatment standards being introduced 1,948
into the system or works; and upon the existence of a program to 1,949
ensure compliance with pretreatment standards by "industrial 1,950
users" of the system or works. In requiring monitoring devices 1,951
and reports, the director, to the extent consistent with the 1,952
"Federal Water Pollution Control Act," shall give consideration 1,954
to technical feasibility and economic reasonableness and shall 1,955
allow reasonable time for compliance. A
(7) A permit may be issued for a period not to exceed five 1,957
years, and may be renewed upon application for renewal and upon a 1,959
finding by the director that the permit holder is making 1,960
satisfactory progress toward the achievement of all applicable 1,961
standards and has complied with the terms and conditions of the 1,962
existing permit. A permit may be modified, suspended, or revoked 1,963
for cause, including, but not limited to, violation of any 1,964
condition of the permit, obtaining a permit by misrepresentation 1,965
or failure to disclose fully all relevant facts OF THE PERMITTED 1,966
DISCHARGE OR OF THE SLUDGE USE, STORAGE, TREATMENT, OR DISPOSAL 1,968
PRACTICE, or changes in any condition that requires either a 1,969
temporary or permanent reduction or elimination of the permitted 1,970
discharge ACTIVITY. No application shall be denied or permit 1,972
revoked or modified without a written order stating the findings 1,973
upon which the denial, revocation, or modification is based. A 1,974
copy of the order shall be sent to the applicant or permit holder 1,975
by certified mail.
(K) Institute or cause to be instituted in any court of 1,977
competent jurisdiction proceedings to compel compliance with this 1,979
chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307, and 1,980
308, AND 405 of the "Federal Water Pollution Control Act"; 1,983
(L) Issue, deny, revoke, or modify industrial water 1,985
pollution control certificates; 1,986
(M) Certify to the government of the United States or any 1,988
agency thereof that an industrial water pollution control 1,989
45
facility is in conformity with the state program or requirements 1,990
for THE control of water pollution whenever the certification may 1,991
be required for a taxpayer under the Internal Revenue Code of the 1,992
United States, as amended; 1,993
(N) Issue, modify, and revoke orders requiring any 1,995
"industrial user" of any publicly owned "treatment works" as 1,996
defined in sections 212(2) and 502(18) of the "Federal Water 1,997
Pollution Control Act" to comply with pretreatment standards; 1,998
establish and maintain records; make reports; install, use, and 1,999
maintain monitoring equipment or methods, including, where 2,000
appropriate, biological monitoring methods; sample discharges in 2,001
accordance with such methods, at such locations, at such 2,002
intervals, and in such A manner as THAT the director determines; 2,004
and provide such other information as THAT is necessary to 2,005
ascertain whether or not there is compliance with toxic and 2,007
pretreatment effluent standards. In issuing, modifying, and 2,008
revoking those orders, the director, to the extent consistent 2,009
with the "Federal Water Pollution Control Act," shall give 2,010
consideration to technical feasibility and economic 2,011
reasonableness and shall allow reasonable time for compliance. 2,012
(O) Exercise all incidental powers necessary to carry out 2,014
the purposes of this chapter; 2,015
(P) Certify or deny certification to any applicant for a 2,017
federal license or permit to conduct any activity that may result 2,019
in any discharge into the waters of the state that the discharge 2,020
will comply with the "Federal Water Pollution Control Act"; 2,021
(Q) Administer and enforce the publicly owned treatment 2,023
works pretreatment program in accordance with the "Federal Water 2,024
Pollution Control Act." In the administration of that program, 2,025
the director may do any of the following: 2,027
(1) Apply and enforce pretreatment standards; 2,029
(2) Approve and deny requests for approval of publicly 2,031
owned treatment works pretreatment programs, oversee those 2,032
programs, and implement, in whole or in part, those programs 2,033
46
under any of the following conditions: 2,034
(a) The director has denied a request for approval of the 2,036
publicly owned treatment works pretreatment program; 2,037
(b) The director has revoked the publicly owned treatment 2,039
works pretreatment program; 2,040
(c) There is no pretreatment program currently being 2,042
implemented by the publicly owned treatment works; 2,043
(d) The publicly owned treatment works has requested the 2,045
director to implement, in whole or in part, the pretreatment 2,046
program. 2,047
(3) Require that a publicly owned treatment works 2,049
pretreatment program be incorporated in a permit issued to a 2,050
publicly owned treatment works as required by the "Federal Water 2,051
Pollution Control Act," require compliance by publicly owned 2,052
treatment works with those programs, and require compliance by 2,053
industrial users with pretreatment standards; 2,054
(4) Approve and deny requests for authority to modify 2,056
categorical pretreatment standards to reflect removal of 2,057
pollutants achieved by publicly owned treatment works; 2,058
(5) Deny and recommend approval of requests for 2,060
fundamentally different factors variances submitted by industrial 2,061
users; 2,062
(6) Make determinations on categorization of industrial 2,064
users; 2,065
(7) Adopt, amend, or rescind rules and issue, modify, or 2,067
revoke orders necessary for the administration and enforcement of 2,068
the publicly owned treatment works pretreatment program. 2,069
Any approval of a publicly owned treatment works 2,071
pretreatment program may contain any terms and conditions, 2,072
including schedules of compliance, that are necessary to achieve 2,073
compliance with this chapter. 2,074
(R) Except as otherwise provied PROVIDED in this division, 2,076
adopt rules in accordance with Chapter 119. of the Revised Code 2,079
establishing procedures, methods, and equipment and other 2,080
47
requirements for equipment to prevent and contain discharges of 2,081
oil and hazardous substances into the waters of the state. The 2,082
rules shall be consistent with and equivalent in scope, content, 2,083
and coverage to section 311(j)(1)(c) of the "Federal Water 2,084
Pollution Control Act" and regulations adopted under it. The 2,085
director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling 2,086
and workover facilities as those terms are defined in that act 2,087
and regulations adopted under it. 2,088
(S)(1) ADMINISTER AND ENFORCE A PROGRAM FOR THE REGULATION 2,091
OF SLUDGE MANAGEMENT IN THIS STATE. IN ADMINISTERING THE 2,094
PROGRAM, THE DIRECTOR, IN ADDITION TO EXERCISING THE AUTHORITY 2,095
PROVIDED IN ANY OTHER APPLICABLE SECTIONS OF THIS CHAPTER, MAY DO 2,096
ANY OF THE FOLLOWING:
(a) DEVELOP PLANS AND PROGRAMS FOR THE DISPOSAL AND 2,098
UTILIZATION OF SLUDGE AND SLUDGE MATERIALS; 2,099
(b) ENCOURAGE, PARTICIPATE IN, OR CONDUCT STUDIES, 2,101
INVESTIGATIONS, RESEARCH, AND DEMONSTRATIONS RELATING TO THE 2,102
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT OF 2,104
SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON
THE AIR AND WATERS OF THE STATE; 2,105
(c) COLLECT AND DISSEMINATE INFORMATION RELATING TO THE 2,107
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT OF 2,109
SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON
THE AIR AND WATERS OF THE STATE; 2,110
(d) ISSUE, MODIFY, OR REVOKE ORDERS TO PREVENT, CONTROL, 2,112
OR ABATE THE USE AND DISPOSAL OF SLUDGE AND SLUDGE MATERIALS OR 2,113
THE EFFECTS OF THE USE OF SLUDGE AND SLUDGE MATERIALS ON LAND 2,114
LOCATED IN THE STATE AND ON THE AIR AND WATERS OF THE STATE; 2,116
(e) ADOPT AND ENFORCE, MODIFY, OR RESCIND RULES NECESSARY 2,118
FOR THE IMPLEMENTATION OF DIVISION (S) OF THIS SECTION. THE 2,119
RULES REASONABLY SHALL PROTECT PUBLIC HEALTH AND THE ENVIRONMENT, 2,120
ENCOURAGE THE BENEFICIAL REUSE OF SLUDGE AND SLUDGE MATERIALS, 2,121
AND MINIMIZE THE CREATION OF NUISANCE ODORS. 2,122
48
THE DIRECTOR MAY SPECIFY IN SLUDGE MANAGEMENT PERMITS THE 2,125
NET VOLUME, NET WEIGHT, QUALITY, AND POLLUTANT CONCENTRATION OF 2,127
THE SLUDGE OR SLUDGE MATERIALS THAT MAY BE USED, STORED, TREATED, 2,128
OR DISPOSED OF, AND THE MANNER AND FREQUENCY OF THE USE, STORAGE, 2,130
TREATMENT, OR DISPOSAL, TO PROTECT PUBLIC HEALTH AND THE
ENVIRONMENT FROM ADVERSE EFFECTS RELATING TO THOSE ACTIVITIES. 2,131
THE DIRECTOR SHALL IMPOSE OTHER TERMS AND CONDITIONS TO PROTECT 2,132
PUBLIC HEALTH AND THE ENVIRONMENT, MINIMIZE THE CREATION OF 2,133
NUISANCE ODORS, AND ACHIEVE COMPLIANCE WITH THIS CHAPTER AND 2,134
RULES ADOPTED UNDER IT AND, IN DOING SO, SHALL CONSIDER WHETHER 2,135
THE TERMS AND CONDITIONS ARE CONSISTENT WITH THE GOAL OF 2,136
ENCOURAGING THE BENEFICIAL REUSE OF SLUDGE AND SLUDGE MATERIALS. 2,137
THE DIRECTOR MAY CONDITION PERMITS ON THE IMPLEMENTATION OF 2,140
TREATMENT, STORAGE, DISPOSAL, DISTRIBUTION, OR APPLICATION
MANAGEMENT METHODS AND THE FILING OF PERIODIC REPORTS ON THE 2,141
AMOUNTS, COMPOSITION, AND QUALITY OF SLUDGE AND SLUDGE MATERIALS 2,142
THAT ARE DISPOSED OF, USED, TREATED, OR STORED. 2,143
AN APPROVAL OF A TREATMENT WORKS SLUDGE DISPOSAL PROGRAM 2,145
MAY CONTAIN ANY TERMS AND CONDITIONS, INCLUDING SCHEDULES OF 2,146
COMPLIANCE, NECESSARY TO ACHIEVE COMPLIANCE WITH THIS CHAPTER AND 2,148
RULES ADOPTED UNDER IT.
(2) AS A PART OF THE PROGRAM ESTABLISHED UNDER DIVISION 2,150
(S)(1) OF THIS SECTION, THE DIRECTOR HAS EXCLUSIVE AUTHORITY TO 2,151
REGULATE SEWAGE SLUDGE MANAGEMENT IN THIS STATE. FOR PURPOSES OF 2,152
DIVISION (S)(2) OF THIS SECTION, THAT PROGRAM SHALL BE CONSISTENT 2,153
WITH SECTION 405 OF THE FEDERAL WATER POLLUTION CONTROL ACT AND 2,155
REGULATIONS ADOPTED UNDER IT AND WITH THIS SECTION, EXCEPT THAT 2,156
THE DIRECTOR MAY ADOPT RULES UNDER DIVISION (S) OF THIS SECTION
THAT ESTABLISH REQUIREMENTS THAT ARE MORE STRINGENT THAN SECTION 2,157
405 OF THE FEDERAL WATER POLLUTION CONTROL ACT AND REGULATIONS 2,159
ADOPTED UNDER IT WITH REGARD TO MONITORING SEWAGE SLUDGE AND 2,160
SEWAGE SLUDGE MATERIALS AND ESTABLISHING ACCEPTABLE SEWAGE SLUDGE
MANAGEMENT PRACTICES AND POLLUTANT LEVELS IN SEWAGE SLUDGE AND 2,161
SEWAGE SLUDGE MATERIALS. 2,162
49
This chapter authorizes the state to participate in ANY 2,164
NATIONAL SLUDGE MANAGEMENT PROGRAM AND the national pollutant 2,165
discharge elimination system, to administer and enforce the 2,168
publicly owned treatment works pretreatment program, and to issue 2,169
permits for the discharge of dredged or fill materials, in 2,170
accordance with the "Federal Water Pollution Control Act." This 2,171
chapter shall be administered, consistent with the laws of this 2,172
state and federal law, in the same manner that the "Federal Water 2,173
Pollution Control Act" is required to be administered. 2,174
This section does not apply to animal waste treatment or 2,176
disposal works and related management and conservation practices 2,177
subject to rules adopted pursuant to division (E)(4) of section 2,178
1511.02 of the Revised Code and involving less than one thousand 2,179
animal units, as "animal units" is defined in the United States 2,180
environmental protection agency regulations. This exclusion does 2,181
not apply to animal waste treatment works having a controlled 2,182
direct discharge to the waters of the state or to the discharge 2,183
of animal waste into a publicly owned treatment works. 2,184
Sec. 6111.039. THE DIRECTOR OF ENVIRONMENTAL PROTECTION 2,186
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 2,187
CODE REQUIRING THE POSTING OF NOTICE REGARDING THE LAND 2,188
APPLICATION OF SLUDGE THAT IS CLASSIFIED AS CLASS B SLUDGE UNDER 2,189
40 C.F.R. 503.
Sec. 6111.04. (A) BOTH OF THE FOLLOWING APPLY EXCEPT AS 2,198
OTHERWISE PROVIDED IN DIVISION (A) OR (F) OF THIS SECTION: 2,199
(1) No person shall cause pollution or place or cause to 2,202
be placed any sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, 2,203
or other wastes in a location where they cause pollution of any 2,204
waters of the state, and any such. 2,205
(2) AN action PROHIBITED UNDER DIVISION (A)(1) OF THIS 2,207
SECTION is hereby declared to be a public nuisance, except in 2,209
such cases where the director of environmental protection has 2,210
issued.
DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT APPLY IF 2,212
50
THE PERSON CAUSING POLLUTION OR PLACING OR CAUSING TO BE PLACED 2,213
WASTES IN A LOCATION IN WHICH THEY CAUSE POLLUTION OF ANY WATERS 2,214
OF THE STATE HOLDS a valid and, unexpired permit, or renewal 2,216
thereof OF A PERMIT, GOVERNING THE CAUSING OR PLACEMENT as 2,217
provided in sections 6111.01 to 6111.08 of the Revised Code, or 2,218
an IF THE PERSON'S application for renewal OF SUCH A PERMIT is 2,219
pending.
(B) IF THE DIRECTOR ADMINISTERS A SLUDGE MANAGEMENT 2,221
PROGRAM PURSUANT TO DIVISION (S) OF SECTION 6111.03 OF THE 2,222
REVISED CODE, BOTH OF THE FOLLOWING APPLY EXCEPT AS OTHERWISE 2,223
PROVIDED IN DIVISION (B) OR (F) OF THIS SECTION: 2,225
(1) NO PERSON, IN THE COURSE OF SLUDGE MANAGEMENT, SHALL 2,227
PLACE ON LAND LOCATED IN THE STATE OR RELEASE INTO THE AIR OF THE 2,228
STATE ANY SLUDGE OR SLUDGE MATERIALS. 2,229
(2) AN ACTION PROHIBITED UNDER DIVISION (B)(1) OF THIS 2,231
SECTION IS HEREBY DECLARED TO BE A PUBLIC NUISANCE. 2,232
DIVISIONS (B)(1) AND (2) OF THIS SECTION DO NOT APPLY IF 2,234
THE PERSON PLACING OR RELEASING THE SLUDGE OR SLUDGE MATERIALS 2,236
HOLDS A VALID, UNEXPIRED PERMIT, OR RENEWAL OF A PERMIT, 2,237
GOVERNING THE PLACEMENT OR RELEASE AS PROVIDED IN SECTIONS 2,238
6111.01 TO 6111.08 OF THE REVISED CODE OR IF THE PERSON'S
APPLICATION FOR RENEWAL OF SUCH A PERMIT IS PENDING. 2,239
(C) No person to whom a permit has been issued shall place 2,241
or discharge, or cause to be placed or discharged, in any waters 2,242
of the state any sewage, SLUDGE, SLUDGE MATERIALS, industrial 2,243
waste, or other wastes in excess of the permissive discharges 2,244
specified under such THE existing permit without first receiving 2,245
a permit from the director to do so. 2,247
No person who is discharging or causing the discharge of 2,249
any sewage, industrial waste, or other wastes into the waters of 2,250
the state shall continue or cause the continuance of such 2,251
discharge, without first obtaining a permit therefore issued by 2,253
the director. The director shall prescribe by rule a reasonable 2,254
filing period within which applications may be filed to obtain 2,255
51
permits for existing discharges that have not been authorized by 2,256
permit.
(D) NO PERSON TO WHOM A SLUDGE MANAGEMENT PERMIT HAS BEEN 2,258
ISSUED SHALL PLACE ON THE LAND OR RELEASE INTO THE AIR OF THE 2,259
STATE ANY SLUDGE OR SLUDGE MATERIALS IN EXCESS OF THE PERMISSIVE 2,260
AMOUNTS SPECIFIED UNDER THE EXISTING SLUDGE MANAGEMENT PERMIT 2,261
WITHOUT FIRST RECEIVING A MODIFICATION OF THE EXISTING SLUDGE 2,262
MANAGEMENT PERMIT OR A NEW SLUDGE MANAGEMENT PERMIT TO DO SO FROM 2,263
THE DIRECTOR. 2,264
(E) The director may require the submission of such plans, 2,266
specifications, and other information as he deems THAT THE 2,267
DIRECTOR CONSIDERS relevant in connection with the issuance of 2,268
permits.
(F) This section does not apply to ANY OF THE FOLLOWING: 2,270
(A)(1) Waters used in washing sand, gravel, other 2,272
aggregates, or mineral products, when such THE washing and the 2,273
ultimate disposal of the water used in such THE washing, 2,275
including any sewage, industrial waste, or other wastes contained 2,276
in such THE waters, are entirely confined to the land under the 2,278
control of the person engaged in the recovery and processing of 2,279
such THE sand, gravel, other aggregates, or mineral products, and 2,280
do not result in the pollution of waters of the state; 2,281
(B)(2) Water, gas, or other material injected into a well 2,283
to facilitate, or which THAT is incidental to, the production of 2,284
oil, gas, artificial brine, or water derived in association with 2,286
oil or gas production and disposed of in a well, in compliance 2,287
with a permit issued under Chapter 1509. of the Revised Code, or 2,288
sewage, industrial waste, or other wastes injected into a well in 2,289
compliance with an injection well operating permit. This 2,290
division DIVISION (F)(2) OF THIS SECTION does not authorize, 2,292
without a permit, any discharge that is prohibited by, or for 2,293
which a permit is required by, regulation of the United States 2,294
environmental protection agency.
(C)(3) Application of any materials to land for 2,296
52
agricultural purposes or runoff of such THOSE materials from such 2,297
THAT application or pollution by animal waste or soil sediment, 2,299
including attached substances, resulting from farming, 2,300
silvicultural, or earthmoving activities regulated by Chapter 2,301
307. or 1515. of the Revised Code. This division DIVISION (F)(3) 2,302
OF THIS SECTION does not authorize, without a permit, any 2,303
discharge from a treatment works for treating animal wastes 2,304
having a controlled direct discharge into the waters of the 2,306
state, or any discharge that is prohibited by, or for which a
permit is required by, regulation of the United States 2,307
environmental protection agency. 2,308
(D)(4) The excrement of domestic and farm animals 2,310
defecated on land or runoff therefrom into any waters of the 2,311
state. This division DIVISION (F)(4) OF THIS SECTION does not 2,312
authorize, without a permit, any discharge that is prohibited by, 2,314
or for which a permit is required by, regulation of the United 2,315
States environmental protection agency.
(E)(5) The discharge of sewage, industrial waste, or other 2,317
wastes into a sewerage system tributary to a treatment works. 2,318
This division DIVISION (F)(5) OF THIS SECTION does not authorize 2,320
any discharge into a publicly owned treatment works in violation 2,321
of a pretreatment program applicable to such THE publicly owned 2,322
treatment works.
(F)(6) Septic tanks or any other disposal systems for the 2,324
disposal or treatment of sewage from single-family, two-family, 2,325
or three-family dwellings in compliance with the sanitary code 2,326
and section 1541.21 or 3707.01 of the Revised Code. This 2,327
division DIVISION (F)(6) OF THIS SECTION does not authorize, 2,329
without a permit, any discharge that is prohibited by, or for 2,330
which a permit is required by, regulation of the United States 2,331
environmental protection agency.
(7) EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF THIS 2,333
STATE AND CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER THAN 2,334
ONE HUNDRED POUNDS IN CAPACITY. AS USED IN DIVISION (F)(7) OF 2,335
53
THIS SECTION, "EXCEPTIONAL QUALITY SLUDGE" HAS THE SAME MEANING 2,336
AS IN DIVISION (Y) OF SECTION 3745.11 OF THE REVISED CODE. 2,337
(G) The holder of a permit issued under section 402 (a) of 2,339
the "Federal Water Pollution Control Act" need not obtain a 2,340
permit for a discharge authorized by such THE permit until its 2,341
expiration date. The director of environmental protection shall 2,342
administer and enforce such THOSE permits within this state, and 2,344
may modify the THEIR terms and conditions thereof in accordance 2,346
with division (J) of section 6111.03 of the Revised Code. 2,347
Sec. 6111.042. In accordance with Chapter 119. of the 2,356
Revised Code, the director of environmental protection shall 2,357
adopt and enforce, and may modify and repeal RESCIND, rules 2,358
setting forth and requiring compliance with national effluent 2,360
limitations, national standards of performance for new sources, 2,361
and national toxic and pretreatment effluent standards, AND 2,362
NATIONAL SLUDGE USE AND DISPOSAL STANDARDS, as necessary in order 2,363
to insure ENSURE compliance with sections 301, 306, and 307, AND 2,365
405 of the "Federal Water Pollution Control Act". No person 2,366
shall violate any such rule, except in compliance with the terms 2,367
and conditions of a permit issued under section 6111.03 of the 2,368
Revised Code.
To the extent the effluent limitations adopted by the 2,370
administrator of the United States environmental protection 2,371
agency pursuant to section 304 of the "Federal Water Pollution 2,372
Control Act" are inapplicable, the director may establish on a 2,373
case-by-case basis effluent limitations in a permit issued under 2,374
section 6111.03 of the Revised Code, based upon best engineering 2,376
PROFESSIONAL judgment. In establishing such effluent 2,377
limitations, the director shall take BOTH OF THE FOLLOWING into 2,378
consideration:
(A) The appropriate technology for the category or class 2,380
of point sources of which the applicant is a member, based on all 2,381
available information, including the administrator's draft or 2,382
proposed development documents or guidance; the total cost of 2,383
54
achieving such THE limitations in relation to the effluent 2,384
reduction benefits to be achieved; the age of equipment and 2,386
facilities involved; the process employed; the engineering 2,387
aspects of the application of various types of control techniques 2,388
and process changes; nonwater quality environmental impact, 2,389
including energy requirements; and such other factors as THAT 2,390
would have been appropriate for the administrator to consider 2,392
pursuant to section 304 of the "Federal Water Pollution Control 2,393
Act";
(B) As to the applicant for the permit, any unique factors 2,395
regarding the considerations set forth in division (A) of this 2,396
section. 2,397
Sec. 6111.05. The director of environmental protection 2,406
may, on his THE DIRECTOR'S own initiative, MAY investigate or 2,408
make inquiries into any alleged act of pollution or failure to 2,410
comply with Chapter 6111. of the Revised Code, THIS CHAPTER or 2,411
any order, ANY rule, the terms and conditions of a permit, or ANY 2,413
other determination pursuant thereto. However, upon written 2,414
complaint by any person, the director shall conduct such ANY 2,415
investigations and make such ANY inquiries as THAT are required. 2,416
The director or his THE DIRECTOR'S duly authorized 2,418
representative may enter at reasonable times upon any private or 2,420
public property to inspect and investigate conditions relating to 2,421
POLLUTION OF ANY AIR OF THE STATE OR LAND LOCATED IN THE STATE 2,422
RELATED TO THE USE, STORAGE, TREATMENT, OR DISPOSAL OF SLUDGE OR 2,423
SLUDGE MATERIALS OR pollution of any waters of the state, inspect 2,424
any monitoring equipment, inspect the drilling, conversion, or 2,425
operation of any injection well, and sample any discharges, 2,426
including discharges by "industrial users" into a publicly owned 2,427
"treatment works" as such THOSE terms are defined in sections 212 2,429
and 502 of the "Federal Water Pollution Control Act," and may 2,430
apply to the court of common pleas having jurisdiction for a 2,431
warrant permitting such THE entrance and inspection. 2,432
Any authorized representative of the director may at 2,434
55
reasonable times MAY examine any records or memoranda pertaining 2,435
to SLUDGE MANAGEMENT, the operation of disposal systems, the 2,436
drilling, conversion, or operation of injection wells, or 2,438
discharges by "industrial users" into publicly owned "treatment 2,439
works" as defined in sections 212 and 501 of the "Federal Water 2,440
Pollution Control Act." The director may require the maintenance 2,441
of records relating to SLUDGE MANAGEMENT, DISCHARGES, OR the 2,442
operation of such disposal systems, OR injection wells, or 2,445
discharges. The director may make copies of such THE records. 2,447
Any authorized representative of a publicly owned "treatment
works" may enter at reasonable times upon the premises of any 2,448
"industrial user" that discharges into the works to inspect any 2,449
monitoring equipment or method of the user, to sample any 2,450
discharges of the user into the works, or to inspect any records 2,451
or memoranda pertaining to discharges by the user into the works, 2,452
in order to ascertain compliance by the user with applicable 2,453
pretreatment standards. The representative may make copies of 2,454
such THE records. Any records, reports, or information obtained 2,455
under Chapter 6111. of the Revised Code THIS CHAPTER shall be 2,456
available for public inspection, except that: 2,458
(A) Upon a showing satisfactory to the director of 2,460
environmental protection by any person that such THE records, 2,462
reports, or information, or any particular part thereof, other
than data concerning the amounts or contents of discharges or the 2,463
quality of the receiving waters, to which the director has access 2,464
under this chapter, if made public would divulge information 2,465
entitled to protection as trade secrets of such THE person, the 2,466
director shall consider such THE record, report, or information 2,467
or particular portion thereof confidential. Prior to divulging 2,468
any alleged trade secret information pursuant to this division, 2,469
the director shall give ten days' written notice to the person 2,470
claiming trade secrecy. 2,471
(B) Such THE record, report, or information may be 2,473
disclosed to other officers, employees, or authorized 2,474
56
representatives of the state, another state, or of the United 2,475
States, when necessary to sustain an action brought pursuant to 2,477
Chapter 6111. of the Revised Code THIS CHAPTER or during an 2,478
adjudication hearing, or when otherwise necessary to fulfill any 2,480
requirement of the "Federal Water Pollution Control Act." 2,481
No person to whom a permit has been issued shall refuse 2,483
entry to any authorized representative of the director or 2,484
willfully hinder or thwart such THE representative in the 2,485
exercise of any authority granted by this section. 2,487
The director or his THE DIRECTOR'S authorized 2,489
representative, or, where necessary to monitor compliance with 2,491
pretreatment standards, the authorized representative of a 2,492
publicly owned "treatment works," may apply for, and any judge of 2,493
a court of common pleas may issue, a warrant necessary to achieve 2,494
the purposes of this chapter. 2,495
Sec. 6111.07. (A) No person shall violate or fail to 2,504
perform any duty imposed by sections 6111.01 to 6111.08 of the 2,505
Revised Code, or violate any order, rule, or term or condition of 2,506
a permit issued OR ADOPTED by the director of environmental 2,507
protection pursuant to such THOSE sections. Each day of 2,509
violation is a separate offense. 2,511
(B) The attorney general, upon the written request of the 2,513
director of environmental protection, shall prosecute any person 2,514
who violates, or who fails to perform any duty imposed by, 2,515
sections 6111.01 to 6111.08 of the Revised Code, or who violates 2,516
any order, rule, or condition of a permit issued OR ADOPTED by 2,517
the director pursuant to such THOSE sections. 2,519
The attorney general, upon written request of the director 2,521
of environmental protection, shall bring an action for an 2,522
injunction against any person violating or threatening to violate 2,523
Chapter 6111., THIS CHAPTER or violating or threatening to 2,524
violate any order, or rule, or condition of a permit issued OR 2,526
ADOPTED by the director pursuant to Chapter 6111 THIS CHAPTER. 2,528
In an action for injunction to enforce any final order of the 2,530
57
director brought pursuant to this section, the finding by the 2,531
director, after hearing, is prima-facie evidence of the facts 2,532
found therein.
(C) No person KNOWINGLY shall knowingly submit false 2,534
information or records or fail to submit information or records 2,536
pertaining to discharges OF SEWAGE, INDUSTRIAL WASTES, OR OTHER 2,537
WASTES OR TO SLUDGE MANAGEMENT required as a condition of a 2,538
permit OR KNOWINGLY RENDER INACCURATE ANY MONITORING DEVICE OR 2,539
OTHER METHOD REQUIRED TO BE MAINTAINED BY THE DIRECTOR. 2,540
Sec. 6111.44. Except as otherwise provided in section 2,549
6111.14 of the Revised Code or in rules adopted under division 2,550
(G) of section 6111.03 of the Revised Code, no municipal 2,551
corporation, county, public institution, corporation, or officer 2,552
or employee thereof, or other person shall provide or install 2,553
sewerage or treatment works for sewage, SLUDGE, OR SLUDGE 2,554
MATERIALS disposal, OR TREATMENT or make a change in any sewerage 2,556
or sewage treatment works until the plans therefor have been 2,557
submitted to and approved by the director of environmental 2,558
protection. Sections 6111.44 to 6111.46 of the Revised Code 2,559
apply to sewerage and treatment works for sewage of a municipal 2,560
corporation or part thereof, an unincorporated community, a 2,561
county sewer district, or other land outside of a municipal 2,562
corporation or any publicly or privately owned building or group 2,563
of buildings or place, used for the assemblage, entertainment, 2,564
recreation, education, correction, hospitalization, housing, or 2,565
employment of persons, but do not apply to sewerage or treatment 2,566
works for sewage installed or to be installed for the use of a 2,567
private residence or dwelling, or to animal waste treatment or 2,568
disposal works and related management and conservation practices 2,569
THAT ARE subject to rules adopted pursuant to division (E)(4) of 2,570
section 1511.02 of the Revised Code and involving less than one 2,571
thousand animal units as animal units are defined in the United 2,572
States environmental protection agency regulations. This 2,573
exclusion does not apply to animal waste treatment works having a 2,574
58
controlled direct discharge to waters of the state. 2,575
In granting an approval, the director of environmental 2,577
protection may stipulate such modifications, conditions, and 2,578
rules as THAT the public health and prevention of pollution may 2,579
require. Any action taken by the director shall be a matter of 2,580
public record and shall be entered in his THE DIRECTOR'S journal. 2,582
Each period of thirty days that a violation of this section 2,583
continues, after a conviction for such THE violation, constitutes 2,584
a separate offense. 2,585
Sec. 6111.45. No municipal corporation, county, public 2,594
institution, corporation, or officer or employee thereof, or 2,595
other person shall establish as proprietor, agent, employee, 2,596
lessee, or tenant, any garbage disposal plant, shop, factory, 2,597
mill, industrial establishment, process, trade, or business, in 2,598
the operation of which an industrial waste is produced, or make a 2,599
change in or enlargement of a garbage disposal plant, shop, 2,600
factory, mill, industrial establishment, process, trade, or 2,601
business, whereby an industrial waste is produced or materially 2,602
increased or changed in character, or install works for the 2,603
treatment or disposal of any such waste until the plans for the 2,604
disposal of such THE waste have been submitted to and approved by 2,606
the director of environmental protection. As used in sections 2,607
6111.44 to 6111.46 of the Revised Code, "industrial waste" means 2,608
SLUDGE OR SLUDGE MATERIALS OR a water-carried or a liquid waste 2,610
resulting from any process of industry, manufacture, trade, or 2,612
business, or development of any natural resource. In granting an 2,613
approval, the agency may stipulate such modifications, 2,614
conditions, and regulations as RULES THAT the public health and 2,616
welfare may require. Any action taken by the director shall be a 2,617
matter of public record and shall be entered in his THE 2,618
DIRECTOR'S journal. Each period of thirty days that a violation 2,619
of this section continues, after a conviction of such THE 2,620
violation, constitutes a separate offense. 2,622
Sec. 6111.46. The environmental protection agency shall 2,631
59
exercise general supervision of the TREATMENT AND disposal of 2,633
sewage and industrial wastes and the operation and maintenance of 2,634
works or means installed for the collection, treatment, or AND 2,636
disposal of sewage and industrial wastes. Such general 2,637
supervision shall apply to all features of construction, 2,638
operation, and maintenance of such THE works or means which THAT 2,639
do or may affect the proper treatment of AND disposal of such 2,641
sewage and industrial wastes. The agency shall investigate the 2,644
works or means employed in the collection, treatment, and 2,645
disposal of sewage and industrial wastes whenever deemed 2,647
CONSIDERED necessary and OR whenever requested to do so by local 2,650
health officials; and, may adopt and enforce orders and
regulations RULES governing the operation and maintenance of such 2,652
THE works or means OF TREATMENT AND DISPOSAL OF SUCH SEWAGE AND 2,653
INDUSTRIAL WASTES, and may require the submission of records and 2,655
data of construction, operation, and maintenance, including plans 2,656
and descriptions of existing works or means of TREATMENT AND 2,657
disposal of such sewage or AND INDUSTRIAL wastes. When the 2,658
agency requires the submission of such records or information, 2,661
the public officials or person, firm, or corporation having the 2,662
works in charge shall promptly comply PROMPTLY with such THAT 2,663
order.
Section 2. That existing sections 3709.085, 3745.11, 2,665
6111.01, 6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 6111.44, 2,667
6111.45, and 6111.46 of the Revised Code are hereby repealed. 2,668
Section 3. Not later than six months after the effective 2,671
date of this act, the Director of Environmental Protection shall 2,672
submit rules required by division (S) of section 6111.03 of the 2,673
Revised Code, as amended by this act, to the Joint Committee on
Agency Rule Review. 2,675