As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 197 5
1999-2000 6
REPRESENTATIVES KREBS-ALLEN-OPFER-PRINGLE-TERWILLEGER- 9
WILLIAMS-LOGAN-HOUSEHOLDER-FERDERBER-BARNES-KRUPINSKI- 10
GOODING-PERRY-MAIER-SENATORS CARNES-GARDNER-OELSLAGER 10
_________________________________________________________________ 12
A B I L L
To amend sections 3709.085, 3745.11, 6111.01, 14
6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 16
6111.44, 6111.45, and 6111.46 and to enact
section 6111.039 of the Revised Code to authorize 17
the Director of Environmental Protection to issue 19
permits for the use, storage, treatment, or
disposal of sludge and sludge materials, to 20
impose an annual sludge fee, and to otherwise
regulate sludge and sludge materials. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 3709.085, 3745.11, 6111.01, 25
6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 6111.44, 6111.45, 27
and 6111.46 be amended and section 6111.039 of the Revised Code 28
be enacted to read as follows:
Sec. 3709.085. (A) The board of health of a city or 37
general health district may enter into a contract with any 38
political subdivision or other governmental agency to obtain or 39
provide all or part of any services, including, but not limited 40
to, enforcement services, for the purposes of Chapter 3704. of 41
the Revised Code, the rules adopted and orders made pursuant 42
thereto, or any other ordinances or rules for the prevention, 43
control, and abatement of air pollution. 44
(B)(1) As used in division (B)(2) of this section: 46
(a) "Semipublic disposal system" means a disposal system 48
2
that treats the sanitary sewage discharged from publicly or 50
privately owned buildings or places of assemblage, entertainment, 51
recreation, education, correction, hospitalization, housing, or 52
employment, but does not include a disposal system that treats 54
sewage in amounts of more than twenty-five thousand gallons per 55
day; a disposal system for the treatment of sewage that is exempt 56
from the requirements of section 6111.04 of the Revised Code 57
pursuant to division (F)(6) of that section; or a disposal system 58
for the treatment of industrial waste. 59
(b) Terms defined in section 6111.01 of the Revised Code 61
have the same meanings as in that section. 62
(2) The board of health of a city or general health 64
district may enter into a contract with the environmental 65
protection agency to conduct on behalf of the agency inspection 66
or enforcement services, for the purposes of Chapter 6111. and 67
section 1541.21 of the Revised Code and rules adopted thereunder, 68
for the disposal or treatment of sewage from single-family, 69
two-family, or three-family dwellings located in special sanitary 70
districts designated by section 1541.21 of the Revised Code, for 71
the disposal or treatment of sewage from semipublic disposal 72
systems, or for both. The board of health of a city or general 73
health district may charge a fee established pursuant to section 74
3709.09 of the Revised Code to be paid by the owner or operator 75
of a semipublic disposal system or the owner or resident of any 77
such dwelling located in a special sanitary district for
inspections conducted by the board pursuant to a contract entered 78
into under division (B)(2) of this section, except that the board 80
shall not charge a fee for those inspections conducted at any 81
manufactured home park, recreational vehicle park, recreation 82
camp, or combined park-camp that is licensed under section 83
3733.03 of the Revised Code. 84
Sec. 3745.11. (A) Applicants for and holders of permits, 93
licenses, variances, plan approvals, and certifications issued by 94
the director of environmental protection pursuant to Chapters 95
3
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 96
fee to the environmental protection agency for each such issuance 97
and each application for an issuance as provided by this section. 98
No fee shall be charged for any issuance for which no application 99
has been submitted to the director. 100
(B) Prior to January 1, 1994, each person issued a permit 102
to operate, variance, or permit to install under section 3704.03 103
of the Revised Code shall pay the fees specified in the following 104
schedule: 105
(1) Fuel-Burning Equipment 107
Input capacity 109
(million British Permit Permit 110
thermal units to to 112
per hour) operate Variance install 115
0 or more, but 118
less than 10 $ 75 $225 $ 100
10 or more, but 119
less than 100 210 450 390
100 or more, but 120
less than 300 270 675 585
300 or more, but 121
less than 500 330 900 780
500 or more 500 975 1000 122
Any fuel-burning equipment using only natural gas, propane, 125
liquefied petroleum gas, or number two or lighter fuel oil shall 126
be assessed a fee one-half of that shown. 127
(2) Incinerators 129
Input capacity Permit Permit 132
(pounds per to to 134
hour) operate Variance install 137
0 to 50 $ 50 $225 $ 65 140
51 to 500 210 450 390 141
501 to 2000 270 675 585 142
2001 to 30,000 330 900 780 143
4
more than 30,000 500 975 1000 144
(3) Process 147
Process weight Permit Permit 150
rate to to 151
(pounds per hour) operate Variance install 154
0 to 1000 $100 $225 $ 200 157
1001 to 5000 210 450 390 158
5001 to 10,000 270 675 585 159
10,001 to 50,000 330 900 780 160
more than 50,000 500 975 1000 161
In any process where process weight rate cannot be 164
ascertained, the minimum fee shall be assessed. 165
(4) Storage tanks 167
Gallons Permit TO Permit to 170
(capacity) operate Variance install 172
less than 40,000 $150 $225 $ 195 175
40,000 or more, but 176
less than 100,000 210 450 390
100,000 or more, but 177
less than 400,000 270 675 585
400,000 or more, but 178
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 179
(5) Gasoline 182
Gasoline dispensing Permit to Permit to 185
facilities operate Variance install 187
For each gasoline 190
dispensing
facility $20 $100 $50
(6) Dry cleaning 193
Dry cleaning Permit to Permit to 196
facilities operate Variance install 198
5
For each dry 201
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 204
of the Revised Code shall be assessed a fee of two hundred fifty 205
dollars per mine or location. 206
(C)(1) Except as otherwise provided in division (C)(2) of 208
this section, beginning July 1, 1994, each person who owns or 209
operates an air contaminant source and who is required to apply 210
for and obtain a Title V permit under section 3704.036 of the 211
Revised Code shall pay the fees set forth in division (C)(1) of 212
this section. For the purposes of that division, total emissions 213
of air contaminants may be calculated using engineering 214
calculations, emissions factors, material balance calculations, 215
or performance testing procedures, as authorized by the director. 216
The following fees shall be assessed on the total actual 218
emissions from a source in tons per year of the regulated 219
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 220
organic compounds, and lead: 221
(a) Fifteen dollars per ton on the total actual emissions 223
of each such regulated pollutant during the period July through 224
December 1993, to be collected no sooner than July 1, 1994; 225
(b) Twenty dollars per ton on the total actual emissions 227
of each such regulated pollutant during calendar year 1994, to be 228
collected no sooner than April 15, 1995; 229
(c) Twenty-five dollars per ton on the total actual 231
emissions of each such regulated pollutant in calendar year 1995, 232
and each subsequent calendar year, to be collected no sooner than 233
the fifteenth day of April of the year next succeeding the 234
calendar year in which the emissions occurred. 235
The fees levied under division (C)(1) of this section do 237
not apply to that portion of the emissions of a regulated 238
pollutant at a facility that exceed four thousand tons during a 239
calendar year. 240
(2) The fees assessed under division (C)(1) of this 242
6
section are for the purpose of providing funding for the Title V 243
permit program. 244
(3) The fees assessed under division (C)(1) of this 246
section do not apply to emissions from any electric generating 247
unit designated as a Phase I unit under Title IV of the federal 248
Clean Air Act prior to calendar year 2000. Those fees shall be 249
assessed on the emissions from such a generating unit commencing 250
in calendar year 2001 based upon the total actual emissions from 251
the generating unit during calendar year 2000. 252
(4) The director shall issue invoices to owners or 254
operators of air contaminant sources who are required to pay a 255
fee assessed under division (C) or (D) of this section. Any such 256
invoice shall be issued no sooner than the applicable date when 257
the fee first may be collected in a year under the applicable 258
division, shall identify the nature and amount of the fee 259
assessed, and shall indicate that the fee is required to be paid 260
within thirty days after the issuance of the invoice. 261
(D)(1) Except as provided in division (D)(2) of this 264
section, beginning January 1, 1994, each person who owns or 265
operates an air contaminant source; who is required to apply for 266
a permit to operate pursuant to rules adopted under division (G), 267
or a variance pursuant to division (H), of section 3704.03 of the 268
Revised Code; and who is not required to apply for and obtain a 269
Title V permit under section 3704.036 of the Revised Code shall 270
pay a single fee based upon the sum of the actual annual 271
emissions from the facility of the regulated pollutants 272
particulate matter, sulfur dioxide, nitrogen oxides, organic 274
compounds, and lead in accordance with the following schedule: 275
Total tons 277
per year of regulated Annual fee 279
pollutants emitted per facility 281
More than 0, but less than 50 $ 75 283
50 or more, but less than 100 300 284
100 or more 700 285
7
(2)(a) As used in division (D) of this section, "synthetic 289
minor facility" means a facility for which one or more permits to 290
install or permits to operate have been issued for the air 291
contaminant sources at the facility that include terms and 292
conditions that lower the facility's potential to emit air 293
contaminants below the major source thresholds established in 294
rules adopted under section 3704.036 of the Revised Code. 295
(b) Beginning January 1, 2000, through June 30, 2001, each 298
person who owns or operates a synthetic minor facility shall pay 299
an annual fee based on the sum of the actual annual emissions 300
from the facility of particulate matter, sulfur dioxide, nitrogen 301
dioxide, organic compounds, and lead in accordance with the 302
following schedule:
Combined total tons 304
per year of all regulated Annual fee 306
pollutants emitted per facility 308
Less than 10 $ 170 311
10 or more, but less than 20 340 313
20 or more, but less than 30 670 315
30 or more, but less than 40 1,010 317
40 or more, but less than 50 1,340 319
50 or more, but less than 60 1,680 321
60 or more, but less than 70 2,010 323
70 or more, but less than 80 2,350 325
80 or more, but less than 90 2,680 327
90 or more, but less than 100 3,020 329
100 or more 3,350 331
(3) The fees assessed under division (D)(1) of this 335
section shall be collected annually no sooner than the fifteenth 336
day of April, commencing in 1995. The fees assessed under 337
division (D)(2) of this section shall be collected no sooner than 338
the fifteenth day of April, commencing in 2000, and shall 339
continue through June 30, 2001. The fees assessed under division 341
(D) of this section in a calendar year shall be based upon the 342
8
sum of the actual emissions of those regulated pollutants during 343
the preceding calendar year. For the purpose of division (D) of 344
this section, emissions of air contaminants may be calculated 346
using engineering calculations, emission factors, material 347
balance calculations, or performance testing procedures, as 348
authorized by the director. The director, by rule, may require 349
persons who are required to pay the fees assessed under division 350
(D) of this section to pay those fees biennially rather than 351
annually.
(E)(1) Consistent with the need to cover the reasonable 353
costs of the Title V permit program, the director annually shall 354
increase the fees prescribed in division (C)(1) of this section 355
by the percentage, if any, by which the consumer price index for 356
the most recent calendar year ending before the beginning of a 357
year exceeds the consumer price index for calendar year 1989. 358
Upon calculating an increase in fees authorized by division 359
(E)(1) of this section, the director shall compile revised fee 360
schedules for the purposes of division (C)(1) of this section and 361
shall make the revised schedules available to persons required to 362
pay the fees assessed under that division and to the public. 363
(2) For the purposes of division (E)(1) of this section: 365
(a) The consumer price index for any year is the average 367
of the consumer price index for all urban consumers published by 368
the United States department of labor as of the close of the 369
twelve-month period ending on the thirty-first day of August of 370
that year; 371
(b) If the 1989 consumer price index is revised, the 373
director shall use the revision of the consumer price index that 374
is most consistent with that for calendar year 1989. 375
(F) Each person who is issued a permit to install pursuant 377
to rules adopted under division (F) of section 3704.03 of the 378
Revised Code on or after January 1, 1994, shall pay the fees 379
specified in the following schedules: 380
(1) Fuel-burning equipment (boilers) 383
9
Input capacity (maximum) 385
(million British thermal units per Permit to install 386
hour)
Greater than 0, but less than 10 $ 200 387
10 or more, but less than 100 400 388
100 or more, but less than 300 800 389
300 or more, but less than 500 1500 390
500 or more, but less than 1000 2500 391
1000 or more, but less than 5000 4000 392
5000 or more 6000 393
Units burning exclusively natural gas, number two fuel oil, 396
or both shall be assessed a fee that is one-half the applicable 397
amount shown in division (F)(1) of this section. 398
(2) Incinerators 400
Input capacity (pounds per hour) Permit to install 402
0 to 100 $ 100 403
101 to 500 400 404
501 to 2000 750 405
2001 to 20,000 1000 406
more than 20,000 2500 407
(3)(a) Process 410
Process weight rate (pounds per Permit to install 412
hour)
0 to 1000 $ 200 413
1001 to 5000 400 414
5001 to 10,000 600 415
10,001 to 50,000 800 416
more than 50,000 1000 417
In any process where process weight rate cannot be 420
ascertained, the minimum fee shall be assessed. 421
(b) Notwithstanding division (F)(3)(a) of this section, 423
any person issued a permit to install pursuant to rules adopted 424
under division (F) of section 3704.03 of the Revised Code shall 425
pay the fees set forth in division (F)(3)(c) of this section for 426
10
a process used in any of the following industries, as identified 427
by the applicable four-digit standard industrial classification 428
code according to the Standard Industrial Classification Manual 429
published by the United States office of management and budget in 430
the executive office of the president, 1972, as revised: 431
1211 Bituminous coal and lignite mining; 433
1213 Bituminous coal and lignite mining services; 435
1411 Dimension stone; 437
1422 Crushed and broken limestone; 439
1427 Crushed and broken stone, not elsewhere classified; 441
1442 Construction sand and gravel; 443
1446 Industrial sand; 445
3281 Cut stone and stone products; 447
3295 Minerals and earth, ground or otherwise treated. 449
(c) The fees set forth in the following schedule apply to 451
the issuance of a permit to install pursuant to rules adopted 452
under division (F) of section 3704.03 of the Revised Code for a 453
process identified in division (F)(3)(b) of this section: 454
Process weight rate Permit to install 456
(pounds per hour)
0 to 10,000 $200 457
10,001 to 50,000 300 458
50,001 to 100,000 400 459
100,001 to 200,000 500 460
200,001 to 400,000 600 461
400,001 or more 700 462
(4) Storage tanks 465
Gallons (maximum useful Permit to install 467
capacity)
0 to 20,000 $100 468
20,001 to 40,000 150 469
40,001 to 100,000 200 470
100,001 to 250,000 250 471
250,001 to 500,000 350 472
11
500,001 to 1,000,000 500 473
1,000,001 or greater 750 474
(5) Gasoline/fuel dispensing facilities 477
For each gasoline/fuel Permit to install 479
dispensing facility
(includes all units at $100 480
the facility)
(6) Dry cleaning facilities 483
For each dry cleaning Permit to install 485
facility
(includes all units at $100 486
the facility)
(7) Registration status 489
Permit to install 491
For each source covered 492
by registration status $75
(G) An owner or operator who is responsible for an 495
asbestos demolition or renovation project pursuant to rules 496
adopted under section 3704.03 of the Revised Code shall pay the 497
fees set forth in the following schedule: 498
Action Fee 500
Each notification $75 501
Asbestos removal $3/unit 502
Asbestos cleanup $4/cubic yard 503
For purposes of this division, "unit" means any combination of 506
linear feet or square feet equal to fifty. 507
(H) A person who is issued an extension of time for a 509
permit to install an air contaminant source pursuant to rules 510
adopted under division (F) of section 3704.03 of the Revised Code 511
shall pay a fee equal to one-half the fee originally assessed for 512
the permit to install under this section, except that the fee for 513
such an extension shall not exceed two hundred dollars. 514
(I) A person who is issued a modification to a permit to 516
install an air contaminant source pursuant to rules adopted under 517
12
section 3704.03 of the Revised Code shall pay a fee equal to 518
one-half of the fee that would be assessed under this section to 519
obtain a permit to install the source. The fee assessed by this 520
division only applies to modifications that are initiated by the 521
owner or operator of the source and shall not exceed two thousand 522
dollars. 523
(J) Notwithstanding division (B) or (F) of this section, a 525
person who applies for or obtains a permit to install pursuant to 526
rules adopted under division (F) of section 3704.03 of the 527
Revised Code after the date actual construction of the source 528
began shall pay a fee for the permit to install that is equal to 529
twice the fee that otherwise would be assessed under the 530
applicable division unless the applicant received authorization 531
to begin construction under division (W) of section 3704.03 of 532
the Revised Code. This division only applies to sources for 533
which actual construction of the source begins on or after July 534
1, 1993. The imposition or payment of the fee established in 535
this division does not preclude the director from taking any 536
administrative or judicial enforcement action under this chapter, 537
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 538
rule adopted under any of them, in connection with a violation of 539
rules adopted under division (F) of section 3704.03 of the 540
Revised Code. 541
As used in this division, "actual construction of the 543
source" means the initiation of physical on-site construction 544
activities in connection with improvements to the source that are 545
permanent in nature, including, without limitation, the 546
installation of building supports and foundations and the laying 547
of underground pipework. 548
(K) Fifty cents per ton of each fee assessed under 550
division (C) of this section on actual emissions from a source 551
and received by the environmental protection agency pursuant to 552
that division shall be deposited into the state treasury to the 553
credit of the small business assistance fund created in section 554
13
3706.19 of the Revised Code. The remainder of the moneys 555
received by the division pursuant to that division and moneys 556
received by the agency pursuant to divisions (D), (F), (G), (H), 557
(I), and (J) of this section shall be deposited in the state 558
treasury to the credit of the clean air fund created in section 559
3704.035 of the Revised Code. 560
(L)(1)(a) Except as otherwise provided in division 562
(L)(1)(b) or (c) of this section, a person issued a water 563
discharge permit or renewal of a water discharge permit pursuant 564
to Chapter 6111. of the Revised Code shall pay a fee based on 565
each point source to which the issuance is applicable in 566
accordance with the following schedule: 567
Design flow discharge (gallons per day) Fee 569
0 to 1000 $ 0 572
1,001 to 5000 100 573
5,001 to 50,000 200 574
50,001 to 100,000 300 575
100,001 to 300,000 525 576
over 300,000 750 577
(b) Notwithstanding the fee schedule specified in division 580
(L)(1)(a) of this section, the fee for a water discharge permit 581
that is applicable to coal mining operations regulated under 582
Chapter 1513. of the Revised Code shall be two hundred fifty 583
dollars per mine. 584
(c) Notwithstanding the fee schedule specified in division 586
(L)(1)(a) of this section, the fee for a water discharge permit 587
for a public discharger identified by I in the third character of 588
the permittee's NPDES permit number shall not exceed seven 589
hundred fifty dollars. 590
(2) A person applying for a plan approval for a wastewater 592
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 593
of the Revised Code shall pay a fee of one hundred dollars plus 594
sixty-five one-hundredths of one per cent of the estimated 595
project cost through June 30, 2002, and one hundred dollars plus 597
14
two-tenths of one per cent of the estimated project cost on and 598
after July 1, 2002, except that the total fee shall not exceed 600
fifteen thousand dollars through June 30, 2002, and five thousand 602
dollars on and after July 1, 2002. The fee shall be paid at the 603
time the application is submitted.
(3) A person issued a modification of a water discharge 605
permit shall pay a fee equal to one-half the fee that otherwise 606
would be charged for a water discharge permit, except that the 607
fee for the modification shall not exceed four hundred dollars. 608
(4) A person who has entered into an agreement with the 610
director under section 6111.14 of the Revised Code shall pay an 611
administrative service fee for each plan submitted under that 612
section for approval that shall not exceed the minimum amount 613
necessary to pay administrative costs directly attributable to 614
processing plan approvals. The director annually shall calculate 615
the fee and shall notify all persons who have entered into 616
agreements under that section, or who have applied for 617
agreements, of the amount of the fee. 618
(5)(a)(i) Not later than January 30, 2000, and January 30, 621
2001, a person holding an NPDES discharge permit issued pursuant 622
to Chapter 6111. of the Revised Code with an average daily 623
discharge flow of five thousand gallons or more shall pay a 624
nonrefundable annual discharge fee. Any person who fails to pay 625
the fee at that time shall pay an additional amount that equals 626
ten per cent of the required annual discharge fee. 627
(ii) The billing year for the annual discharge fee 629
established in division (L)(5)(a)(i) of this section shall 631
consist of a twelve-month period beginning on the first day of 632
January of the year preceding the date when the annual discharge 634
fee is due. In the case of an existing source that permanently 635
ceases to discharge during a billing year, the director shall 636
reduce the annual discharge fee, including the surcharge 637
applicable to certain industrial facilities pursuant to division 638
(L)(5)(c) of this section, by one-twelfth for each full month 639
15
during the billing year that the source was not discharging, but 640
only if the person holding the NPDES discharge permit for the 641
source notifies the director in writing, not later than the first 642
day of October of the billing year, of the circumstances causing 644
the cessation of discharge.
(iii) The annual discharge fee established in division 647
(L)(5)(a)(i) of this section, except for the surcharge applicable 648
to certain industrial facilities pursuant to division (L)(5)(c) 650
of this section, shall be based upon the average daily discharge 651
flow in gallons per day calculated using first day of May through 652
thirty-first day of October flow data for the period two years 653
prior to the date on which the fee is due. In the case of NPDES 654
discharge permits for new sources, the fee shall be calculated 656
using the average daily design flow of the facility until actual 657
average daily discharge flow values are available for the time 658
period specified in division (L)(5)(a)(iii) of this section. The 659
annual discharge fee may be prorated for a new source as 660
described in division (L)(5)(a)(ii) of this section. 661
(b) An NPDES permit holder that is a public discharger 663
shall pay the fee specified in the following schedule: 664
Average daily Fee due by Fee due by 667
discharge flow January 30, 2000 January 30, 2001 669
5,000 to 49,999 $ 180 $ 200 674
50,000 to 100,000 450 500 676
100,001 to 250,000 900 1,050 678
250,001 to 1,000,000 2,250 2,600 680
1,000,001 to 5,000,000 4,500 5,200 682
5,000,001 to 10,000,000 9,000 10,350 684
10,000,001 to 20,000,000 13,500 15,550 686
20,000,001 to 50,000,000 22,500 25,900 688
50,000,001 to 100,000,000 36,000 41,400 690
100,000,001 or more 54,000 62,100 692
Public dischargers owning or operating two or more publicly 695
owned treatment works serving the same political subdivision, as 696
16
"treatment works" is defined in section 6111.01 of the Revised 697
Code, and that serve exclusively political subdivisions having a 699
population of fewer than one hundred thousand shall pay an annual 700
discharge fee under division (L)(5)(b) of this section that is 701
based on the combined average daily discharge flow of the 702
treatment works.
(C) An NPDES permit holder that is an industrial 705
discharger, other than a coal mining operator identified by P in 707
the third character of the permittee's NPDES permit number, shall 708
pay the fee specified in the following schedule:
Average daily Fee due by Fee due by 711
discharge flow January 30, 2000 January 30, 2001 713
5,000 to 49,999 $ 180 $ 250 718
50,000 to 250,000 900 1,200 720
250,001 to 1,000,000 2,250 2,950 722
1,000,001 to 5,000,000 4,500 5,850 724
5,000,001 to 10,000,000 6,750 8,800 726
10,000,001 to 20,000,000 9,000 11,700 728
20,000,001 to 100,000,000 10,800 14,050 730
100,000,001 to 250,000,000 12,600 16,400 732
250,000,001 or more 14,400 18,700 734
In addition to the fee specified in the above schedule, an 737
NPDES permit holder that is an industrial discharger classified 739
as a major discharger during all or part of the annual discharge 740
fee billing year specified in division (L)(5)(a)(ii) of this 742
section shall pay a nonrefundable annual surcharge of six
thousand seven hundred fifty dollars not later than January 30, 744
2000, and a nonrefundable annual surcharge of seven thousand five 745
hundred dollars not later than January 30, 2001. Any person who 746
fails to pay the surcharge at that time shall pay an additional 748
amount that equals ten per cent of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 750
section, a public discharger identified by I in the third 751
character of the permittee's NPDES permit number and an 752
17
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 753
the third character of the permittee's NPDES permit number shall 755
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 2000, and not later than 757
January 30, 2001. Any person who fails to pay the fee at that 758
time shall pay an additional amount that equals ten per cent of 759
the required fee. 760
(6) The director shall transmit all moneys collected under 762
division (L) of this section to the treasurer of state for 763
deposit into the state treasury to the credit of the surface 764
water protection fund created in section 6111.038 of the Revised 765
Code. 766
(7) As used in division (L) of this section: 768
(a) "NPDES" means the federally approved national 770
pollutant discharge elimination system program for issuing, 771
modifying, revoking, reissuing, terminating, monitoring, and 772
enforcing permits and imposing and enforcing pretreatment 773
requirements under Chapter 6111. of the Revised Code and rules 774
adopted under it. 775
(b) "Public discharger" means any holder of an NPDES 777
permit identified by P in the second character of the NPDES 778
permit number assigned by the director. 779
(c) "Industrial discharger" means any holder of an NPDES 782
permit identified by I in the second character of the NPDES 783
permit number assigned by the director. 784
(d) "Major discharger" means any holder of an NPDES permit 787
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the 788
director. 789
(M) Through June 30, 2002, a person applying for a license 791
or license renewal to operate a public water system under section 792
6109.21 of the Revised Code shall pay the appropriate fee 793
established under this division at the time of application to the 794
director. Any person who fails to pay the fee at that time shall 795
18
pay an additional amount that equals ten per cent of the required 796
fee. The director shall transmit all moneys collected under this 797
division to the treasurer of state for deposit into the drinking 798
water protection fund created in section 6109.30 of the Revised 799
Code. 800
Fees required under this division shall be calculated and 802
paid in accordance with the following schedule: 803
(1) For the initial license required under division (A)(1) 805
of section 6109.21 of the Revised Code for any public water 806
system that is a community water system as defined in section 807
6109.01 of the Revised Code, and for each license renewal 808
required for such a system prior to January 31, 2002, the fee is: 810
Number of service connections Fee amount 812
Not more than 49 $ 56 815
50 to 99 88 816
Number of service connections Average cost per connection 819
100 to 2,499 $ .96 821
2,500 to 4,999 .92 822
5,000 to 7,499 .88 823
7,500 to 9,999 .84 824
10,000 to 14,999 .80 825
15,000 to 24,999 .76 826
25,000 to 49,999 .72 827
50,000 to 99,999 .68 828
100,000 to 149,999 .64 829
150,000 to 199,999 .60 830
200,000 or more .56 831
A public water system may determine how it will pay the 834
total amount of the fee calculated under division (M)(1) of this 835
section, including the assessment of additional user fees that 836
may be assessed on a volumetric basis. 837
As used in division (M)(1) of this section, "service 839
connection" means the number of active or inactive pipes, 840
goosenecks, pigtails, and any other fittings connecting a water 841
19
main to any building outlet. 842
(2) For the initial license required under division (A)(2) 844
of section 6109.21 of the Revised Code for any public water 845
system that is not a community water system and serves a 846
nontransient population, and for each license renewal required 847
for such a system prior to January 31, 2002, the fee is: 848
Population served Fee amount 850
Fewer than 150 $ 56 853
150 to 299 88 854
300 to 749 192 855
750 to 1,499 392 856
1,500 to 2,999 792 857
3,000 to 7,499 1,760 858
7,500 to 14,999 3,800 859
15,000 to 22,499 6,240 860
22,500 to 29,999 8,576 861
30,000 or more 11,600 862
As used in division (M)(2) of this section, "population 865
served" means the total number of individuals receiving water 866
from the water supply during a twenty-four-hour period for at 867
least sixty days during any calendar year. In the absence of a 868
specific population count, that number shall be calculated at the 869
rate of three individuals per service connection. 870
(3) For the initial license required under division (A)(3) 872
of section 6109.21 of the Revised Code for any public water 873
system that is not a community water system and serves a 874
transient population, and for each license renewal required for 875
such a system prior to January 31, 2002, the fee is: 876
Number of wells supplying system Fee amount 878
1 $ 56 881
2 56 882
3 88 883
4 192 884
5 392 885
20
System supplied by surface 888
water, springs, or dug wells 792 889
As used in division (M)(3) of this section, "number of 892
wells supplying system" means those wells that are physically 893
connected to the plumbing system serving the public water system. 894
(N)(1) A person applying for a plan approval for a public 896
water supply system under section 6109.07 of the Revised Code 897
shall pay a fee of one hundred dollars plus two-tenths of one per 898
cent of the estimated project cost, except that the total fee 899
shall not exceed fifteen thousand dollars through June 30, 2002, 901
and five thousand dollars on and after July 1, 2002. The fee 902
shall be paid at the time the application is submitted. 903
(2) A person who has entered into an agreement with the 905
director under division (A)(2) of section 6109.07 of the Revised 906
Code shall pay an administrative service fee for each plan 907
submitted under that section for approval that shall not exceed 908
the minimum amount necessary to pay administrative costs directly 909
attributable to processing plan approvals. The director annually 910
shall calculate the fee and shall notify all persons that have 911
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee. 912
(3) Through June 30, 2002, the following fee, on a per 914
survey basis, shall be charged any person for services rendered 916
by the state in the evaluation of laboratories and laboratory 917
personnel for compliance with accepted analytical techniques and 918
procedures established pursuant to Chapter 6109. of the Revised 919
Code for determining the qualitative characteristics of water: 920
microbiological $1,650 922
organic chemical 3,500 923
inorganic chemical 3,500 924
standard chemistry 1,800 925
limited chemistry 1,000 926
On and after July 1, 2002, the following fee, on a per 929
survey basis, shall be charged any such person: 930
21
microbiological $250 932
chemical/radiological 250 933
nitrate/turbidity (only) 150 934
The fee for those services shall be paid at the time the request 937
for the survey is made. Through June 30, 2002, an individual 939
laboratory shall not be assessed a fee under this division more 940
than once in any three-year period. 941
The director shall transmit all moneys collected under this 943
division to the treasurer of state for deposit into the drinking 944
water protection fund created in section 6109.30 of the Revised 945
Code. 946
(O) Any person applying to the director for examination 948
for certification as an operator of a water supply system or 949
wastewater system under Chapter 6109. or 6111. of the Revised 950
Code, at the time the application is submitted, shall pay an 951
application fee of twenty-five dollars through June 30, 2002, and 953
ten dollars on and after July 1, 2002. Upon approval from the 954
director that the applicant is eligible to take the examination 955
therefor, the applicant shall pay a fee in accordance with the 956
following schedule through June 30, 2002: 957
Class I operator $45 959
Class II operator 55 960
Class III operator 65 961
Class IV operator 75 962
On and after July 1, 2002, the applicant shall pay a fee in 966
accordance with the following schedule:
Class I operator $25 968
Class II operator 35 969
Class III operator 45 970
Class IV operator 55 971
The director shall transmit all moneys collected under this 974
division to the treasurer of state for deposit into the drinking 975
water protection fund created in section 6109.30 of the Revised 976
Code. 977
22
(P) Through June 30, 2002, any person submitting an 979
application for an industrial water pollution control certificate 980
under section 6111.31 of the Revised Code shall pay a 981
nonrefundable fee of five hundred dollars at the time the 982
application is submitted. The director shall transmit all moneys 983
collected under this division to the treasurer of state for 984
deposit into the surface water protection fund created in section 985
6111.038 of the Revised Code. A person paying a certificate fee 986
under this division shall not pay an application fee under 987
division (S)(1) of this section. 988
(Q) Except as otherwise provided in division (R) of this 990
section, a person issued a permit by the director for a new solid 991
waste disposal facility other than an incineration or composting 992
facility, a new infectious waste treatment facility other than an 993
incineration facility, or a modification of such an existing 994
facility that includes an increase in the total disposal or 995
treatment capacity of the facility pursuant to Chapter 3734. of 996
the Revised Code shall pay a fee of ten dollars per thousand 997
cubic yards of disposal or treatment capacity, or one thousand 998
dollars, whichever is greater, except that the total fee for any 999
such permit shall not exceed eighty thousand dollars. A person 1,000
issued a modification of a permit for a solid waste disposal 1,001
facility or an infectious waste treatment facility that does not 1,002
involve an increase in the total disposal or treatment capacity 1,003
of the facility shall pay a fee of one thousand dollars. A 1,004
person issued a permit to install a new, or modify an existing, 1,005
solid waste transfer facility under that chapter shall pay a fee 1,006
of two thousand five hundred dollars. A person issued a permit 1,007
to install a new or to modify an existing solid waste 1,008
incineration or composting facility, or an existing infectious 1,009
waste treatment facility using incineration as its principal 1,010
method of treatment, under that chapter shall pay a fee of one 1,011
thousand dollars. The increases in the permit fees under this 1,012
division resulting from the amendments made by Amended Substitute 1,013
23
House Bill 592 of the 117th general assembly do not apply to any 1,014
person who submitted an application for a permit to install a 1,015
new, or modify an existing, solid waste disposal facility under 1,016
that chapter prior to September 1, 1987; any such person shall 1,017
pay the permit fee established in this division as it existed 1,018
prior to June 24, 1988. In addition to the applicable permit fee 1,019
under this division, a person issued a permit to install or 1,020
modify a solid waste facility or an infectious waste treatment 1,021
facility under that chapter who fails to pay the permit fee to 1,022
the director in compliance with division (V) of this section 1,023
shall pay an additional ten per cent of the amount of the fee for 1,024
each week that the permit fee is late. 1,025
Permit and late payment fees paid to the director under 1,027
this division shall be credited to the general revenue fund. 1,028
(R)(1) A person issued a registration certificate for a 1,030
scrap tire collection facility under section 3734.75 of the 1,031
Revised Code shall pay a fee of two hundred dollars, except that 1,032
if the facility is owned or operated by a motor vehicle salvage 1,033
dealer licensed under Chapter 4738. of the Revised Code, the 1,034
person shall pay a fee of twenty-five dollars. 1,035
(2) A person issued a registration certificate for a new 1,037
scrap tire storage facility under section 3734.76 of the Revised 1,038
Code shall pay a fee of three hundred dollars, except that if the 1,039
facility is owned or operated by a motor vehicle salvage dealer 1,040
licensed under Chapter 4738. of the Revised Code, the person 1,041
shall pay a fee of twenty-five dollars. 1,042
(3) A person issued a permit for a scrap tire storage 1,044
facility under section 3734.76 of the Revised Code shall pay a 1,045
fee of one thousand dollars, except that if the facility is owned 1,046
or operated by a motor vehicle salvage dealer licensed under 1,047
Chapter 4738. of the Revised Code, the person shall pay a fee of 1,048
fifty dollars. 1,049
(4) A person issued a permit for a scrap tire monocell or 1,051
monofill facility under section 3734.77 of the Revised Code shall 1,052
24
pay a fee of ten dollars per thousand cubic yards of disposal 1,053
capacity or one thousand dollars, whichever is greater, except 1,054
that the total fee for any such permit shall not exceed eighty 1,055
thousand dollars. 1,056
(5) A person issued a registration certificate for a scrap 1,058
tire recovery facility under section 3734.78 of the Revised Code 1,059
shall pay a fee of one hundred dollars. 1,060
(6) A person issued a permit for a scrap tire recovery 1,062
facility under section 3734.78 of the Revised Code shall pay a 1,063
fee of one thousand dollars. 1,064
(7) In addition to the applicable registration certificate 1,066
or permit fee under divisions (R)(1) to (6) of this section, a 1,067
person issued a registration certificate or permit for any such 1,068
scrap tire facility who fails to pay the registration certificate 1,069
or permit fee to the director in compliance with division (V) of 1,070
this section shall pay an additional ten per cent of the amount 1,071
of the fee for each week that the fee is late. 1,072
(8) The registration certificate, permit, and late payment 1,074
fees paid to the director under divisions (R)(1) to (7) of this 1,075
section shall be credited to the scrap tire management fund 1,076
created in section 3734.82 of the Revised Code. 1,077
(S)(1) Except as provided by divisions (L), (M), (N), (O), 1,079
(P), and (S)(2) of this section, division (A)(2) of section 1,080
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 1,081
and rules adopted under division (T)(1) of this section, any 1,082
person applying for a registration certificate under section 1,083
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 1,084
variance, or plan approval under Chapter 3734. of the Revised 1,085
Code shall pay a nonrefundable fee of fifteen dollars at the time 1,086
the application is submitted. 1,087
Except as otherwise provided, any person applying for a 1,089
permit, variance, or plan approval under Chapter 6109. or 6111. 1,090
of the Revised Code shall pay a nonrefundable fee of one hundred 1,091
dollars at the time the application is submitted through June 30, 1,092
25
2002, and a nonrefundable fee of fifteen dollars at the time the 1,094
application is submitted on and after July 1, 2002. Through June 1,095
30, 2002, any person applying for a national pollutant discharge 1,097
elimination system permit under Chapter 6111. of the Revised Code 1,098
shall pay a nonrefundable fee of two hundred dollars at the time 1,100
of application for the permit. On and after July 1, 2002, such a 1,102
person shall pay a nonrefundable fee of fifteen dollars at the
time of application. 1,103
The director shall transmit all moneys collected under 1,105
division (S)(1) of this section pursuant to Chapter 6109. of the 1,106
Revised Code to the treasurer of state for deposit into the 1,107
drinking water protection fund created in section 6109.30 of the 1,108
Revised Code.
The director shall transmit all moneys collected under 1,110
division (S)(1) of this section pursuant to Chapter 6111. of the 1,111
Revised Code to the treasurer of state for deposit into the 1,112
surface water protection fund created in section 6111.038 of the 1,113
Revised Code.
If a registration certificate is issued under section 1,115
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 1,116
the application fee paid shall be deducted from the amount of the 1,117
registration certificate fee due under division (R)(1), (2), or 1,118
(5) of this section, as applicable. 1,119
(2) Division (S)(1) of this section does not apply to an 1,121
application for a registration certificate for a scrap tire 1,122
collection or storage facility submitted under section 3734.75 or 1,123
3734.76 of the Revised Code, as applicable, if the owner or 1,124
operator of the facility or proposed facility is a motor vehicle 1,125
salvage dealer licensed under Chapter 4738. of the Revised Code. 1,126
(T) The director may adopt, amend, and rescind rules in 1,128
accordance with Chapter 119. of the Revised Code that do all of 1,129
the following: 1,130
(1) Prescribe fees to be paid by applicants for and 1,132
holders of any license, permit, variance, plan approval, or 1,133
26
certification required or authorized by Chapter 3704., 3734., 1,134
6109., or 6111. of the Revised Code that are not specifically 1,135
established in this section. The fees shall be designed to 1,136
defray the cost of processing, issuing, revoking, modifying, 1,137
denying, and enforcing the licenses, permits, variances, plan 1,138
approvals, and certifications. 1,139
The director shall transmit all moneys collected under 1,141
rules adopted under division (T)(1) of this section pursuant to 1,142
Chapter 6109. of the Revised Code to the treasurer of state for 1,143
deposit into the drinking water protection fund created in 1,144
section 6109.30 of the Revised Code. 1,145
The director shall transmit all moneys collected under 1,147
rules adopted under division (T)(1) of this section pursuant to 1,148
Chapter 6111. of the Revised Code to the treasurer of state for 1,149
deposit into the surface water protection fund created in section 1,150
6111.038 of the Revised Code. 1,151
(2) Exempt the state and political subdivisions thereof, 1,153
including education facilities or medical facilities owned by the 1,154
state or a political subdivision, or any person exempted from 1,155
taxation by section 5709.07 or 5709.12 of the Revised Code, from 1,156
any fee required by this section; 1,157
(3) Provide for the waiver of any fee, or any part 1,159
thereof, otherwise required by this section whenever the director 1,160
determines that the imposition of the fee would constitute an 1,161
unreasonable cost of doing business for any applicant, class of 1,162
applicants, or other person subject to the fee; 1,163
(4) Prescribe measures that the director considers 1,165
necessary to carry out this section. 1,166
(U) When the director reasonably demonstrates that the 1,168
direct cost to the state associated with the issuance of a permit 1,169
to install, license, variance, plan approval, or certification 1,170
exceeds the fee for the issuance or review specified by this 1,171
section, the director may condition the issuance or review on the 1,172
payment by the person receiving the issuance or review of, in 1,173
27
addition to the fee specified by this section, the amount, or any 1,174
portion thereof, in excess of the fee specified under this 1,175
section. The director shall not so condition issuances for which 1,176
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 1,177
section. 1,178
(V) Except as provided in divisions (L), (M), and (P) of 1,180
this section or unless otherwise prescribed by a rule of the 1,181
director adopted pursuant to Chapter 119. of the Revised Code, 1,182
all fees required by this section are payable within thirty days 1,183
after the issuance of an invoice for the fee by the director or 1,184
the effective date of the issuance of the license, permit, 1,185
variance, plan approval, or certification. If payment is late, 1,186
the person responsible for payment of the fee shall pay an 1,187
additional ten per cent of the amount due for each month that it 1,188
is late. 1,189
(W) As used in this section, "fuel-burning equipment," 1,192
"fuel-burning equipment input capacity," "incinerator," 1,193
"incinerator input capacity," "process," "process weight rate," 1,194
"storage tank," "gasoline dispensing facility," "dry cleaning
facility," "design flow discharge," and "new source treatment 1,195
works" have the meanings ascribed to those terms by applicable 1,196
rules or standards adopted by the director under Chapter 3704. or 1,197
6111. of the Revised Code. 1,198
(X) As used in divisions (B), (C), (D), (E), (F), (H), 1,200
(I), and (J) of this section, and in any other provision of this 1,201
section pertaining to fees paid pursuant to Chapter 3704. of the 1,202
Revised Code: 1,203
(1) "Facility," "federal Clean Air Act," "person," and 1,206
"Title V permit" have the same meanings as in section 3704.01 of
the Revised Code. 1,207
(2) "Title V permit program" means the following 1,209
activities as necessary to meet the requirements of Title V of 1,210
the federal Clean Air Act and 40 C.F.R. part 70, including at 1,211
least: 1,212
28
(a) Preparing and adopting, if applicable, generally 1,214
applicable rules or guidance regarding the permit program or its 1,215
implementation or enforcement; 1,216
(b) Reviewing and acting on any application for a Title V 1,218
permit, permit revision, or permit renewal, including the 1,219
development of an applicable requirement as part of the 1,220
processing of a permit, permit revision, or permit renewal; 1,221
(c) Administering the permit program, including the 1,223
supporting and tracking of permit applications, compliance 1,224
certification, and related data entry; 1,225
(d) Determining which sources are subject to the program 1,227
and implementing and enforcing the terms of any Title V permit, 1,228
not including any court actions or other formal enforcement 1,229
actions; 1,230
(e) Emission and ambient monitoring; 1,232
(f) Modeling, analyses, or demonstrations; 1,234
(g) Preparing inventories and tracking emissions; 1,236
(h) Providing direct and indirect support to small 1,238
business stationary sources to determine and meet their 1,239
obligations under the federal Clean Air Act pursuant to the small 1,240
business stationary source technical and environmental compliance 1,241
assistance program required by section 507 of that act and 1,242
established in sections 3704.18, 3704.19, and 3706.19 of the 1,243
Revised Code. 1,244
(Y)(1) EXCEPT AS PROVIDED IN DIVISIONS (Y)(2), (3), AND 1,248
(4) OF THIS SECTION, EACH SEWAGE SLUDGE FACILITY SHALL PAY A 1,250
NONREFUNDABLE ANNUAL SLUDGE FEE EQUAL TO THREE DOLLARS AND FIFTY 1,251
CENTS PER DRY TON OF SEWAGE SLUDGE, INCLUDING THE DRY TONS OF 1,252
SEWAGE SLUDGE IN MATERIALS DERIVED FROM SEWAGE SLUDGE, THAT THE 1,253
SEWAGE SLUDGE FACILITY TREATS OR DISPOSES OF IN THIS STATE. THE 1,254
ANNUAL VOLUME OF SEWAGE SLUDGE TREATED OR DISPOSED OF BY A SEWAGE 1,255
SLUDGE FACILITY SHALL BE CALCULATED USING THE FIRST DAY OF 1,256
JANUARY THROUGH THE THIRTY-FIRST DAY OF DECEMBER OF THE CALENDAR 1,258
YEAR PRECEDING THE DATE ON WHICH PAYMENT OF THE FEE IS DUE. 1,259
29
(2)(a) EXCEPT AS PROVIDED IN DIVISION (Y)(2)(d) OF THIS 1,262
SECTION, EACH SEWAGE SLUDGE FACILITY SHALL PAY A MINIMUM ANNUAL 1,263
SEWAGE SLUDGE FEE OF ONE HUNDRED DOLLARS.
(b) THE ANNUAL SLUDGE FEE REQUIRED TO BE PAID BY A SEWAGE 1,266
SLUDGE FACILITY THAT TREATS OR DISPOSES OF EXCEPTIONAL QUALITY 1,267
SLUDGE IN THIS STATE SHALL BE THIRTY-FIVE PER CENT LESS PER DRY 1,268
TON OF EXCEPTIONAL QUALITY SLUDGE THAN THE FEE ASSESSED UNDER 1,269
DIVISION (Y)(1) OF THIS SECTION, SUBJECT TO THE FOLLOWING 1,271
EXCEPTIONS:
(i) EXCEPT AS PROVIDED IN DIVISION (Y)(2)(d) OF THIS 1,274
SECTION, A SEWAGE SLUDGE FACILITY THAT TREATS OR DISPOSES OF 1,275
EXCEPTIONAL QUALITY SLUDGE SHALL PAY A MINIMUM ANNUAL SEWAGE 1,276
SLUDGE FEE OF ONE HUNDRED DOLLARS. 1,277
(ii) A SEWAGE SLUDGE FACILITY THAT TREATS OR DISPOSES OF 1,280
EXCEPTIONAL QUALITY SLUDGE SHALL NOT BE REQUIRED TO PAY THE 1,281
ANNUAL SLUDGE FEE FOR TREATMENT OR DISPOSAL IN THIS STATE OF 1,282
EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF THIS STATE AND 1,283
CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER THAN ONE 1,284
HUNDRED POUNDS IN CAPACITY.
A THIRTY-FIVE PER CENT REDUCTION FOR EXCEPTIONAL QUALITY 1,286
SLUDGE APPLIES TO THE MAXIMUM ANNUAL FEES ESTABLISHED UNDER 1,288
DIVISION (Y)(3) OF THIS SECTION. 1,289
(c) A SEWAGE SLUDGE FACILITY THAT TRANSFERS SEWAGE SLUDGE 1,292
TO ANOTHER SEWAGE SLUDGE FACILITY IN THIS STATE FOR FURTHER 1,294
TREATMENT PRIOR TO DISPOSAL IN THIS STATE SHALL NOT BE REQUIRED 1,295
TO PAY THE ANNUAL SLUDGE FEE FOR THE TONS OF SEWAGE SLUDGE THAT 1,296
HAVE BEEN TRANSFERRED. IN SUCH A CASE, THE SEWAGE SLUDGE 1,298
FACILITY THAT DISPOSES OF THE SEWAGE SLUDGE SHALL PAY THE ANNUAL 1,299
SLUDGE FEE. HOWEVER, THE FACILITY TRANSFERRING THE SEWAGE SLUDGE
SHALL PAY THE ONE-HUNDRED-DOLLAR MINIMUM FEE REQUIRED UNDER 1,300
DIVISION (Y)(2)(a) OF THIS SECTION. 1,301
IN THE CASE OF A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE 1,303
SLUDGE IN THIS STATE AND TRANSFERS IT OUT OF THIS STATE TO 1,304
ANOTHER ENTITY FOR DISPOSAL, THE SEWAGE SLUDGE FACILITY IN THIS 1,305
30
STATE SHALL BE REQUIRED TO PAY THE ANNUAL SLUDGE FEE FOR THE TONS 1,307
OF SEWAGE SLUDGE THAT HAVE BEEN TRANSFERRED.
(d) A SEWAGE SLUDGE FACILITY THAT GENERATES SEWAGE SLUDGE 1,309
RESULTING FROM AN AVERAGE DAILY DISCHARGE FLOW OF LESS THAN FIVE 1,310
THOUSAND GALLONS PER DAY IS NOT SUBJECT TO THE FEES ASSESSED 1,313
UNDER DIVISION (Y) OF THIS SECTION.
(3) NO SEWAGE SLUDGE FACILITY REQUIRED TO PAY THE ANNUAL 1,315
SLUDGE FEE SHALL BE REQUIRED TO PAY MORE THAN THE MAXIMUM ANNUAL 1,316
FEE FOR EACH DISPOSAL METHOD THAT THE SEWAGE SLUDGE FACILITY 1,317
USES. THE MAXIMUM ANNUAL FEE DOES NOT INCLUDE THE ADDITIONAL 1,318
AMOUNT THAT MAY BE CHARGED UNDER DIVISION (Y)(5) OF THIS SECTION 1,320
FOR LATE PAYMENT OF THE ANNUAL SLUDGE FEE. THE MAXIMUM ANNUAL 1,321
FEE FOR THE FOLLOWING METHODS OF DISPOSAL OF SEWAGE SLUDGE IS AS 1,322
FOLLOWS: 1,323
(a) INCINERATION: FIVE THOUSAND DOLLARS; 1,326
(b) PREEXISTING LAND RECLAMATION PROJECT OR DISPOSAL IN A 1,328
LANDFILL: FIVE THOUSAND DOLLARS; 1,330
(c) LAND APPLICATION, LAND RECLAMATION, SURFACE DISPOSAL, 1,333
OR ANY OTHER DISPOSAL METHOD NOT SPECIFIED IN DIVISION (Y)(3)(a) 1,335
OR (b) OF THIS SECTION: TWENTY THOUSAND DOLLARS. 1,337
(4)(a) IN THE CASE OF AN ENTITY THAT GENERATES SEWAGE 1,340
SLUDGE OR A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE SLUDGE AND 1,341
TRANSFERS THE SEWAGE SLUDGE TO AN INCINERATION FACILITY FOR 1,342
DISPOSAL, THE INCINERATION FACILITY, AND NOT THE ENTITY 1,343
GENERATING THE SEWAGE SLUDGE OR THE SEWAGE SLUDGE FACILITY 1,344
TREATING THE SEWAGE SLUDGE, SHALL PAY THE ANNUAL SLUDGE FEE FOR 1,345
THE TONS OF SEWAGE SLUDGE THAT ARE TRANSFERRED. HOWEVER, THE
ENTITY OR FACILITY GENERATING OR TREATING THE SEWAGE SLUDGE SHALL 1,346
PAY THE ONE-HUNDRED-DOLLAR MINIMUM FEE REQUIRED UNDER DIVISION 1,348
(Y)(2)(a) OF THIS SECTION.
(b) IN THE CASE OF AN ENTITY THAT GENERATES SEWAGE SLUDGE 1,351
AND TRANSFERS THE SEWAGE SLUDGE TO A LANDFILL FOR DISPOSAL OR TO 1,353
A SEWAGE SLUDGE FACILITY FOR LAND RECLAMATION OR SURFACE
DISPOSAL, THE ENTITY GENERATING THE SEWAGE SLUDGE, AND NOT THE 1,355
31
LANDFILL OR SEWAGE SLUDGE FACILITY, SHALL PAY THE ANNUAL SLUDGE 1,356
FEE FOR THE TONS OF SEWAGE SLUDGE THAT ARE TRANSFERRED. 1,358
(5) NOT LATER THAN THE FIRST DAY OF APRIL OF THE CALENDAR 1,361
YEAR FOLLOWING THE EFFECTIVE DATE OF THIS AMENDMENT AND EACH 1,362
FIRST DAY OF APRIL THEREAFTER, THE DIRECTOR SHALL ISSUE INVOICES 1,363
TO PERSONS WHO ARE REQUIRED TO PAY THE ANNUAL SLUDGE FEE. THE 1,364
INVOICE SHALL IDENTIFY THE NATURE AND AMOUNT OF THE ANNUAL SLUDGE 1,365
FEE ASSESSED AND STATE THE FIRST DAY OF MAY AS THE DEADLINE FOR 1,367
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 1,370
FEE.
NOT LATER THAN THE FIRST DAY OF MAY FOLLOWING RECEIPT OF AN 1,373
INVOICE, A PERSON REQUIRED TO PAY THE ANNUAL SLUDGE FEE MAY 1,374
SUBMIT OBJECTIONS TO THE DIRECTOR CONCERNING THE ACCURACY OF 1,375
INFORMATION REGARDING THE NUMBER OF DRY TONS OF SEWAGE SLUDGE 1,376
USED TO CALCULATE THE AMOUNT OF THE ANNUAL SLUDGE FEE OR 1,377
REGARDING WHETHER THE SEWAGE SLUDGE QUALIFIES FOR THE EXCEPTIONAL 1,378
QUALITY SLUDGE DISCOUNT ESTABLISHED IN DIVISION (Y)(2)(b) OF THIS 1,381
SECTION. THE DIRECTOR MAY CONSIDER THE OBJECTIONS AND ADJUST THE 1,382
AMOUNT OF THE FEE TO ENSURE THAT IT IS ACCURATE.
IF THE DIRECTOR DOES NOT ADJUST THE AMOUNT OF THE ANNUAL 1,384
SLUDGE FEE IN RESPONSE TO A PERSON'S OBJECTIONS, THE PERSON MAY 1,385
APPEAL THE DIRECTOR'S DETERMINATION IN ACCORDANCE WITH CHAPTER 1,387
119. OF THE REVISED CODE. 1,389
NOT LATER THAN THE FIRST DAY OF JUNE, THE DIRECTOR SHALL 1,392
NOTIFY THE OBJECTING PERSON REGARDING WHETHER THE DIRECTOR HAS 1,393
FOUND THE OBJECTIONS TO BE VALID AND THE REASONS FOR THE FINDING. 1,394
IF THE DIRECTOR FINDS THE OBJECTIONS TO BE VALID AND ADJUSTS THE 1,395
AMOUNT OF THE ANNUAL SLUDGE FEE ACCORDINGLY, THE DIRECTOR SHALL 1,396
ISSUE WITH THE NOTIFICATION A NEW INVOICE TO THE PERSON 1,397
IDENTIFYING THE AMOUNT OF THE ANNUAL SLUDGE FEE ASSESSED AND 1,398
STATING THE FIRST DAY OF JULY AS THE DEADLINE FOR PAYMENT. 1,400
NOT LATER THAN THE FIRST DAY OF JULY, ANY PERSON WHO IS 1,403
REQUIRED TO DO SO SHALL PAY THE ANNUAL SLUDGE FEE. ANY PERSON 1,404
32
WHO IS REQUIRED TO PAY THE FEE, BUT WHO FAILS TO DO SO ON OR 1,405
BEFORE THAT DATE SHALL PAY AN ADDITIONAL AMOUNT THAT EQUALS TEN 1,406
PER CENT OF THE REQUIRED ANNUAL SLUDGE FEE.
(6) THE DIRECTOR SHALL TRANSMIT ALL MONEYS COLLECTED UNDER 1,409
DIVISION (Y) OF THIS SECTION TO THE TREASURER OF STATE FOR 1,410
DEPOSIT INTO THE SURFACE WATER PROTECTION FUND CREATED IN SECTION 1,411
6111.038 OF THE REVISED CODE. THE MONEYS SHALL BE USED TO DEFRAY 1,414
THE COSTS OF ADMINISTERING AND ENFORCING PROVISIONS IN CHAPTER 1,415
6111. OF THE REVISED CODE AND RULES ADOPTED UNDER IT THAT GOVERN 1,418
THE USE, STORAGE, TREATMENT, OR DISPOSAL OF SEWAGE SLUDGE. 1,419
(7) BEGINNING IN FISCAL YEAR 2001, AND EVERY TWO YEARS 1,421
THEREAFTER, THE DIRECTOR SHALL REVIEW THE TOTAL AMOUNT OF MONEYS 1,422
GENERATED BY THE ANNUAL SLUDGE FEES TO DETERMINE IF THAT AMOUNT 1,424
EXCEEDS SIX HUNDRED THOUSAND DOLLARS IN EITHER OF THE TWO 1,426
PRECEDING FISCAL YEARS. IF THE TOTAL AMOUNT OF MONEYS IN THE
FUND EXCEEDED SIX HUNDRED THOUSAND DOLLARS IN EITHER FISCAL YEAR, 1,427
THE DIRECTOR, AFTER REVIEW OF THE FEE STRUCTURE AND CONSULTATION 1,428
WITH AFFECTED PERSONS, SHALL ISSUE AN ORDER REDUCING THE AMOUNT 1,430
OF THE FEES LEVIED UNDER DIVISION (Y) OF THIS SECTION SO THAT THE 1,431
ESTIMATED AMOUNT OF MONEYS RESULTING FROM THE FEES WILL NOT 1,432
EXCEED SIX HUNDRED THOUSAND DOLLARS IN ANY FISCAL YEAR.
IF, UPON REVIEW OF THE FEES UNDER DIVISION (Y)(7) OF THIS 1,434
SECTION AND AFTER THE FEES HAVE BEEN REDUCED, THE DIRECTOR 1,435
DETERMINES THAT THE TOTAL AMOUNT OF MONEYS COLLECTED AND 1,436
ACCUMULATED IS LESS THAN SIX HUNDRED THOUSAND DOLLARS, THE 1,437
DIRECTOR, AFTER REVIEW OF THE FEE STRUCTURE AND CONSULTATION WITH
AFFECTED PERSONS, MAY ISSUE AN ORDER INCREASING THE AMOUNT OF THE 1,438
FEES LEVIED UNDER DIVISION (Y) OF THIS SECTION SO THAT THE 1,439
ESTIMATED AMOUNT OF MONEYS RESULTING FROM THE FEES WILL BE 1,440
APPROXIMATELY SIX HUNDRED THOUSAND DOLLARS. FEES SHALL NEVER BE 1,441
INCREASED TO AN AMOUNT EXCEEDING THE AMOUNT SPECIFIED IN DIVISION 1,442
(Y)(7) OF THIS SECTION.
NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE, THE 1,444
DIRECTOR MAY ISSUE AN ORDER UNDER DIVISION (Y)(7) OF THIS SECTION 1,445
33
WITHOUT THE NECESSITY TO HOLD AN ADJUDICATORY HEARING IN 1,446
CONNECTION WITH THE ORDER. THE ISSUANCE OF AN ORDER UNDER THIS 1,447
DIVISION IS NOT AN ACT OR ACTION FOR PURPOSES OF SECTION 3745.04
OF THE REVISED CODE. 1,448
(8) AS USED IN DIVISION (Y) OF THIS SECTION: 1,451
(a) "SEWAGE SLUDGE FACILITY" MEANS AN ENTITY THAT PERFORMS 1,454
TREATMENT ON OR IS RESPONSIBLE FOR THE DISPOSAL OF SEWAGE SLUDGE. 1,455
(b) "SEWAGE SLUDGE" MEANS A SOLID, SEMI-SOLID, OR LIQUID 1,458
RESIDUE GENERATED DURING THE TREATMENT OF DOMESTIC SEWAGE IN A 1,459
TREATMENT WORKS AS DEFINED IN SECTION 6111.01 OF THE REVISED 1,461
CODE. "SEWAGE SLUDGE" INCLUDES, BUT IS NOT LIMITED TO, SCUM OR 1,462
SOLIDS REMOVED IN PRIMARY, SECONDARY, OR ADVANCED WASTEWATER 1,463
TREATMENT PROCESSES. "SEWAGE SLUDGE" DOES NOT INCLUDE ASH 1,465
GENERATED DURING THE FIRING OF SEWAGE SLUDGE IN A SEWAGE SLUDGE 1,466
INCINERATOR, GRIT AND SCREENINGS GENERATED DURING PRELIMINARY 1,467
TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT WORKS, ANIMAL MANURE, 1,468
RESIDUE GENERATED DURING TREATMENT OF ANIMAL MANURE, OR DOMESTIC 1,469
SEPTAGE.
(c) "EXCEPTIONAL QUALITY SLUDGE" MEANS SEWAGE SLUDGE THAT 1,472
MEETS ALL OF THE FOLLOWING QUALIFICATIONS: 1,473
(i) SATISFIES THE CLASS A PATHOGEN STANDARDS IN 40 C.F.R. 1,477
503.32(a); 1,478
(ii) SATISFIES ONE OF THE VECTOR ATTRACTION REDUCTION 1,481
REQUIREMENTS IN 40 C.F.R. 503.33(b)(1) TO (b)(8); 1,484
(iii) DOES NOT EXCEED THE CEILING CONCENTRATION 1,487
LIMITATIONS FOR METALS LISTED IN TABLE ONE OF 40 C.F.R. 503.13; 1,489
(iv) DOES NOT EXCEED THE CONCENTRATION LIMITATIONS FOR 1,492
METALS LISTED IN TABLE THREE OF 40 C.F.R. 503.13. 1,494
(d) "TREATMENT" MEANS THE PREPARATION OF SEWAGE SLUDGE FOR 1,497
FINAL USE OR DISPOSAL AND INCLUDES, BUT IS NOT LIMITED TO, 1,498
THICKENING, STABILIZATION, AND DEWATERING OF SEWAGE SLUDGE. 1,499
(e) "DISPOSAL" MEANS THE FINAL USE OF SEWAGE SLUDGE, 1,502
INCLUDING, BUT NOT LIMITED TO, LAND APPLICATION, LAND 1,503
RECLAMATION, SURFACE DISPOSAL, OR DISPOSAL IN A LANDFILL OR AN 1,504
34
INCINERATOR.
(f) "LAND APPLICATION" MEANS THE SPRAYING OR SPREADING OF 1,507
SEWAGE SLUDGE ONTO THE LAND SURFACE, THE INJECTION OF SEWAGE 1,508
SLUDGE BELOW THE LAND SURFACE, OR THE INCORPORATION OF SEWAGE 1,509
SLUDGE INTO THE SOIL FOR THE PURPOSES OF CONDITIONING THE SOIL OR 1,510
FERTILIZING CROPS OR VEGETATION GROWN IN THE SOIL. 1,511
(g) "LAND RECLAMATION" MEANS THE RETURNING OF DISTURBED 1,514
LAND TO PRODUCTIVE USE.
(h) "SURFACE DISPOSAL" MEANS THE PLACEMENT OF SLUDGE ON AN 1,517
AREA OF LAND FOR DISPOSAL, INCLUDING, BUT NOT LIMITED TO, 1,518
MONOFILLS, SURFACE IMPOUNDMENTS, LAGOONS, WASTE PILES, OR 1,519
DEDICATED DISPOSAL SITES.
(i) "INCINERATOR" MEANS AN ENTITY THAT DISPOSES OF SEWAGE 1,522
SLUDGE THROUGH THE COMBUSTION OF ORGANIC MATTER AND INORGANIC 1,523
MATTER IN SEWAGE SLUDGE BY HIGH TEMPERATURES IN AN ENCLOSED 1,524
DEVICE.
(j) "INCINERATION FACILITY" INCLUDES ALL INCINERATORS 1,527
OWNED OR OPERATED BY THE SAME ENTITY AND LOCATED ON A CONTIGUOUS 1,528
TRACT OF LAND. AREAS OF LAND ARE CONSIDERED TO BE CONTIGUOUS 1,529
EVEN IF THEY ARE SEPARATED BY A PUBLIC ROAD OR HIGHWAY. 1,530
(k) "ANNUAL SLUDGE FEE" MEANS THE FEE ASSESSED UNDER 1,533
DIVISION (Y)(1) OF THIS SECTION. 1,534
(l) "LANDFILL" MEANS A SANITARY LANDFILL FACILITY, AS 1,536
DEFINED IN RULES ADOPTED UNDER SECTION 3734.02 OF THE REVISED 1,537
CODE, THAT IS LICENSED UNDER SECTION 3734.05 OF THE REVISED CODE. 1,539
(m) "PREEXISTING LAND RECLAMATION PROJECT" MEANS A 1,541
PROPERTY-SPECIFIC LAND RECLAMATION PROJECT THAT HAS BEEN IN 1,542
CONTINUOUS OPERATION FOR NOT LESS THAN FIVE YEARS PURSUANT TO 1,544
APPROVAL OF THE ACTIVITY BY THE DIRECTOR AND INCLUDES THE 1,545
IMPLEMENTATION OF A COMMUNITY OUTREACH PROGRAM CONCERNING THE
ACTIVITY. 1,546
Sec. 6111.01. As used in this chapter: 1,555
(A) "Pollution" means the placing of any sewage, SLUDGE, 1,558
SLUDGE MATERIALS, industrial waste, or other wastes in any waters 1,559
35
of the state.
(B) "Sewage" means any liquid waste containing SLUDGE, 1,561
SLUDGE MATERIALS, OR animal or vegetable matter in suspension or 1,563
solution, and may include household wastes as commonly discharged 1,564
from residences and from commercial, institutional, or similar 1,565
facilities.
(C) "Industrial waste" means any liquid, gaseous, or solid 1,567
waste substance resulting from any process of industry, 1,568
manufacture, trade, or business, or from the development, 1,569
processing, or recovery of any natural resource, together with 1,570
such sewage as is present. 1,571
(D) "Other wastes" means garbage, refuse, decayed wood, 1,573
sawdust, shavings, bark, and other wood debris, lime, sand, 1,574
ashes, offal, night soil, oil, tar, coal dust, dredged or fill 1,575
material, or silt, other substances that are not sewage, SLUDGE, 1,576
SLUDGE MATERIALS, or industrial waste, and any other "pollutants" 1,578
or "toxic pollutants" as defined in the Federal Water Pollution 1,579
Control Act that are not sewage, SLUDGE, SLUDGE MATERIALS, or 1,580
industrial waste. 1,581
(E) "Sewerage system" means pipelines or conduits, pumping 1,583
stations, and force mains, and all other constructions, devices, 1,584
appurtenances, and facilities used for collecting or conducting 1,585
water-borne sewage, industrial waste, or other wastes to a point 1,586
of disposal or treatment, but does not include plumbing fixtures, 1,587
building drains and subdrains, building sewers, and building 1,588
storm sewers. 1,589
(F) "Treatment works" means any plant, disposal field, 1,591
lagoon, dam, pumping station, building sewer connected directly 1,592
to treatment works, incinerator, or other works used for the 1,593
purpose of treating, stabilizing, BLENDING, COMPOSTING, or 1,594
holding sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or 1,596
other wastes, except as otherwise defined.
(G) "Disposal system" means a system for disposing of 1,598
sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or other 1,599
36
wastes and includes sewerage systems and treatment works. 1,601
(H) "Waters of the state" means all streams, lakes, ponds, 1,603
marshes, watercourses, waterways, wells, springs, irrigation 1,604
systems, drainage systems, and other bodies or accumulations of 1,606
water, surface and underground, natural or artificial, regardless 1,607
of the depth of the strata in which underground water is located, 1,608
that are situated wholly or partly within, or border upon, this 1,610
state, or are within its jurisdiction, except those private 1,611
waters that do not combine or effect a junction with natural 1,613
surface or underground waters.
(I) "Person" means the state, any municipal corporation, 1,615
any OTHER political subdivision of the state, any person as 1,616
defined in section 1.59 of the Revised Code, any interstate body 1,618
created by compact, or the federal government or any department, 1,619
agency, or instrumentality thereof. 1,620
(J) "Industrial water pollution control facility" means 1,622
any disposal system or any treatment works, pretreatment works, 1,623
appliance, equipment, machinery, pipeline or conduit, pumping 1,624
station, force main, or installation constructed, used, or placed 1,625
in operation primarily for the purpose of collecting or 1,626
conducting industrial waste to a point of disposal or treatment; 1,627
reducing, controlling, or eliminating water pollution caused by 1,628
industrial waste; or reducing, controlling, or eliminating the 1,630
discharge into a disposal system of industrial waste or what
would be industrial waste if discharged into the waters of the 1,631
state. 1,632
(K) "Schedule of compliance" means a schedule of remedial 1,634
measures including an enforceable sequence of actions or 1,635
operations leading to compliance with standards and rules adopted 1,636
under sections 6111.041 and 6111.042 of the Revised Code or 1,637
compliance with terms and conditions of permits set under 1,638
division (J) of section 6111.03 of the Revised Code. 1,639
(L) "Federal Water Pollution Control Act" means the 1,641
"Federal Water Pollution Control Act Amendments of 1972," 86 1,642
37
Stat. 886, 33 U.S.C.A. 1251, as amended by the "Clean Water Act 1,643
of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, AND ALL OTHER 1,644
AMENDMENTS TO THAT ACT. 1,645
(M) "Historically channelized watercourse" means the 1,648
portion of a watercourse on which an improvement, as defined in 1,649
divisions (C)(2) to (4) of section 6131.01 of the Revised Code,
was constructed pursuant to Chapter 1515., 6131., or 6133. of the 1,650
Revised Code or a similar state law that preceded any of those 1,652
chapters and authorized such an improvement. 1,653
(N) "SLUDGE" MEANS SEWAGE SLUDGE AND A SOLID, SEMI-SOLID, 1,658
OR LIQUID RESIDUE THAT IS GENERATED FROM AN INDUSTRIAL WASTEWATER 1,659
TREATMENT PROCESS AND THAT IS APPLIED TO LAND FOR AGRONOMIC 1,660
BENEFIT. "SLUDGE" DOES NOT INCLUDE ASH GENERATED DURING THE 1,661
FIRING OF SLUDGE IN A SLUDGE INCINERATOR, GRIT AND SCREENING 1,662
GENERATED DURING PRELIMINARY TREATMENT OF SEWAGE IN A TREATMENT 1,663
WORKS, ANIMAL MANURE, RESIDUE GENERATED DURING TREATMENT OF 1,665
ANIMAL MANURE, OR DOMESTIC SEPTAGE.
(O) "SLUDGE MATERIALS" MEANS SOLID, SEMI-SOLID, OR LIQUID 1,668
MATERIALS DERIVED FROM SLUDGE AND INCLUDES PRODUCTS FROM A 1,669
TREATMENT WORKS THAT RESULT FROM THE TREATMENT, BLENDING, OR 1,670
COMPOSTING OF SLUDGE.
(P) "STORAGE OF SLUDGE" MEANS THE PLACEMENT OF SLUDGE ON 1,673
LAND ON WHICH THE SLUDGE REMAINS FOR NOT LONGER THAN TWO YEARS, 1,674
BUT DOES NOT INCLUDE THE PLACEMENT OF SLUDGE ON LAND FOR 1,675
TREATMENT.
(Q) "SLUDGE DISPOSAL PROGRAM" MEANS ANY PROGRAM USED BY AN 1,678
ENTITY THAT BEGINS WITH THE GENERATION OF SLUDGE AND INCLUDES 1,679
TREATMENT OR DISPOSAL OF THE SLUDGE, AS "TREATMENT" AND 1,680
"DISPOSAL" ARE DEFINED IN DIVISION (Y) OF SECTION 3745.11 OF THE 1,681
REVISED CODE.
(R) "AGRONOMIC BENEFIT" MEANS ANY PROCESS THAT PROMOTES OR 1,684
ENHANCES PLANT GROWTH AND INCLUDES, BUT IS NOT LIMITED TO, A 1,685
PROCESS THAT INCREASES SOIL FERTILITY AND MOISTURE RETENTION. 1,686
(S) "SLUDGE MANAGEMENT" MEANS THE USE, STORAGE, TREATMENT, 1,689
38
OR DISPOSAL OF, AND MANAGEMENT PRACTICES RELATED TO, SLUDGE AND 1,690
SLUDGE MATERIALS. 1,691
(T) "SLUDGE MANAGEMENT PERMIT" MEANS A PERMIT FOR SLUDGE 1,695
MANAGEMENT THAT IS ISSUED UNDER DIVISION (J) OF SECTION 6111.03 1,696
OF THE REVISED CODE. 1,697
(U) "SEWAGE SLUDGE" HAS THE SAME MEANING AS IN DIVISION 1,700
(Y) OF SECTION 3745.11 OF THE REVISED CODE.
Sec. 6111.03. The director of environmental protection may 1,710
do any of the following:
(A) Develop plans and programs for the prevention, 1,712
control, and abatement of new or existing pollution of the waters 1,713
of the state; 1,714
(B) Advise, consult, and cooperate with other agencies of 1,716
the state, the federal government, other states, and interstate 1,717
agencies and with affected groups, political subdivisions, and 1,718
industries in furtherance of the purposes of this chapter. 1,719
Before adopting, amending, or rescinding a standard or rule 1,720
pursuant to division (G) of this section or section 6111.041 or 1,722
6111.042 of the Revised Code, the director shall do all of the
following:
(1) Mail notice to each statewide organization that he THE 1,724
DIRECTOR determines represents persons who would be affected by 1,725
the proposed standard or rule, amendment thereto, or rescission 1,726
thereof at least thirty-five days before any public hearing 1,727
thereon;
(2) Mail a copy of each proposed standard or rule, 1,729
amendment thereto, or rescission thereof to any person who 1,730
requests a copy, within five days after receipt of the request 1,731
therefor;
(3) Consult with appropriate state and local government 1,733
agencies or their representatives, including statewide 1,734
organizations of local government officials, industrial 1,735
representatives, and other interested persons. 1,736
Although the director is expected to diligently discharge 1,738
39
these duties DILIGENTLY, failure to mail any such notice or copy 1,739
or to so consult with any person shall not invalidate any 1,741
proceeding or action of the director. 1,742
(C) Administer grants from the federal government and from 1,744
other sources, public or private, for carrying out any of its 1,745
functions, all such moneys to be deposited in the state treasury 1,746
and kept by the treasurer of state in a separate fund subject to 1,747
the lawful orders of the director; 1,748
(D) Administer state grants for the construction of sewage 1,750
and waste collection and treatment works; 1,751
(E) Encourage, participate in, or conduct studies, 1,753
investigations, research, and demonstrations relating to water 1,754
pollution, and the causes, prevention, control, and abatement 1,755
thereof, as is THAT ARE advisable and necessary for the discharge 1,757
of his duties under this chapter; 1,758
(F) Collect and disseminate information relating to water 1,760
pollution and prevention, control, and abatement thereof; 1,761
(G) Adopt, amend, and rescind rules in accordance with 1,763
Chapter 119. of the Revised Code governing the procedure for 1,764
hearings, the filing of reports, the issuance of permits, the 1,765
issuance of industrial water pollution control certificates, and 1,766
all other matters relating to procedure; 1,767
(H) Issue, modify, or revoke orders to prevent, control, 1,769
or abate water pollution BY SUCH MEANS as follows THE FOLLOWING: 1,771
(1) Prohibiting or abating discharges of sewage, 1,773
industrial waste, or other wastes into the waters of the state; 1,774
(2) Requiring the construction of new disposal systems or 1,776
any parts thereof, or the modification, extension, or alteration 1,777
of existing disposal systems or any parts thereof; 1,778
(3) Prohibiting additional connections to or extensions of 1,780
a sewerage system when the connections or extensions would result 1,782
in an increase in the polluting properties of the effluent from 1,783
the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted 1,785
40
under section 6111.041 or 6111.042 SECTIONS 6111.01 TO 6111.05 of 1,787
the Revised Code, or term or condition of a permit. 1,789
In the making of those orders, wherever compliance with a 1,791
rule adopted under section 6111.042 of the Revised Code is not 1,792
involved, consistent with the "Federal Water Pollution Control 1,793
Act," the director shall give consideration to, and base his THE 1,795
determination on, evidence relating to the technical feasibility 1,796
and economic reasonableness of complying with those orders and to 1,797
evidence relating to conditions calculated to result from 1,798
compliance with those orders, and their relation to benefits to 1,799
the people of the state to be derived from such compliance in 1,800
accomplishing the purposes of this chapter. 1,801
(I) Review plans, specifications, or other data relative 1,803
to disposal systems or any part thereof in connection with the 1,804
issuance of orders, permits, and industrial water pollution 1,805
control certificates under this chapter; 1,806
(J)(1) Issue, revoke, modify, or deny SLUDGE MANAGEMENT 1,808
PERMITS AND permits for the discharge of sewage, industrial 1,812
waste, or other wastes into the waters of the state, and for the 1,813
installation or modification of disposal systems or any parts 1,814
thereof in compliance with all requirements of the "Federal Water 1,815
Pollution Control Act" and mandatory regulations adopted 1,816
thereunder, INCLUDING REGULATIONS ADOPTED UNDER SECTION 405 OF 1,817
THE FEDERAL WATER POLLUTION CONTROL ACT, and set terms and 1,818
conditions of permits, including schedules of compliance, where 1,819
necessary. The terms and conditions shall be designed to achieve 1,820
and maintain full compliance with the national effluent 1,821
limitations, national standards of performance for new sources, 1,822
and national toxic and pretreatment effluent standards set under 1,823
that act, and any other mandatory requirements of that act that 1,824
are imposed by regulation of the administrator of the United 1,825
States environmental protection agency. An IF AN APPLICANT FOR A 1,826
SLUDGE MANAGEMENT PERMIT ALSO APPLIES FOR A RELATED PERMIT FOR 1,827
THE DISCHARGE OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTES INTO 1,828
41
THE WATERS OF THE STATE, THE DIRECTOR MAY COMBINE THE TWO PERMITS 1,829
AND ISSUE ONE PERMIT TO THE APPLICANT.
A SLUDGE MANAGEMENT PERMIT IS NOT REQUIRED FOR AN ENTITY 1,831
THAT TREATS OR TRANSPORTS SEWAGE SLUDGE OR FOR A SANITARY 1,832
LANDFILL WHEN ALL OF THE FOLLOWING APPLY: 1,833
(a) THE ENTITY OR SANITARY LANDFILL DOES NOT GENERATE THE 1,835
SEWAGE SLUDGE. 1,836
(b) PRIOR TO RECEIPT AT THE SANITARY LANDFILL, THE ENTITY 1,838
HAS ENSURED THAT THE SEWAGE SLUDGE MEETS THE REQUIREMENTS 1,839
ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 1,840
3734.02 OF THE REVISED CODE CONCERNING DISPOSAL OF MUNICIPAL 1,841
SOLID WASTE IN A SANITARY LANDFILL. 1,843
(c) DISPOSAL OF THE SEWAGE SLUDGE OCCURS AT A SANITARY 1,845
LANDFILL THAT COMPLIES WITH RULES ADOPTED BY THE DIRECTOR UNDER 1,846
SECTION 3734.02 OF THE REVISED CODE. 1,847
AS USED IN DIVISION (J)(1) OF THIS SECTION, "SANITARY 1,849
LANDFILL" MEANS A SANITARY LANDFILL FACILITY, AS DEFINED IN RULES 1,850
ADOPTED UNDER SECTION 3734.02 OF THE REVISED CODE, THAT IS 1,851
LICENSED AS A SOLID WASTE FACILITY UNDER SECTION 3734.05 OF THE 1,852
REVISED CODE.
(2) AN application for a permit or renewal thereof shall 1,855
be denied if any of the following applies:
(1)(a) The secretary of the army determines in writing 1,857
that anchorage or navigation would be substantially impaired 1,858
thereby;
(2)(b) The director determines that the proposed discharge 1,860
or source would conflict with an area wide AREAWIDE waste 1,861
treatment management plan adopted in accordance with section 208 1,862
of the "Federal Water Pollution Control Act"; 1,863
(3)(c) The administrator of the United States 1,865
environmental protection agency objects in writing to the 1,866
issuance or renewal of the permit in accordance with section 402 1,867
(d) of the "Federal Water Pollution Control Act"; 1,868
(4)(d) The application is for the discharge of any 1,870
42
radiological, chemical, or biological warfare agent, or 1,871
high-level radioactive waste into the waters of the United 1,872
States. 1,873
(3) To achieve and maintain applicable standards of 1,875
quality for the waters of the state adopted pursuant to section 1,876
6111.041 of the Revised Code, the director shall impose, where 1,877
necessary and appropriate, as conditions of each permit, water 1,878
quality related effluent limitations in accordance with sections 1,879
301, 302, 306, and 307, AND 405 of the "Federal Water Pollution 1,881
Control Act" and, to the extent consistent with that act, shall 1,883
give consideration to, and base his THE determination on, 1,884
evidence relating to the technical feasibility and economic 1,885
reasonableness of removing the polluting properties from those 1,886
wastes and to evidence relating to conditions calculated to 1,887
result from that action and their relation to benefits to the 1,888
people of the state and to accomplishment of the purposes of this 1,889
chapter.
(4) Where a discharge having a thermal component from a 1,891
source that is constructed or modified on or after October 18, 1,892
1972, meets national or state effluent limitations or more 1,893
stringent permit conditions designed to achieve and maintain 1,894
compliance with applicable standards of quality for the waters of 1,895
the state, which limitations or conditions will ensure protection 1,896
and propagation of a balanced, indigenous population of 1,897
shellfish, fish, and wildlife in or on the body of water into 1,898
which the discharge is made, taking into account the interaction 1,899
of the thermal component with sewage, industrial waste, or other 1,900
wastes, the director shall not impose any more stringent 1,901
limitation on the thermal component of the discharge, as a 1,902
condition of a permit or renewal thereof for the discharge, 1,903
during a ten-year period beginning on the date of completion of 1,904
the construction or modification of the source, or during the 1,905
period of depreciation or amortization of the source for the 1,906
purpose of section 167 or 169 of the Internal Revenue Code of 1,907
43
1954, whichever period ends first. 1,908
(5) The director shall specify in permits for the 1,910
discharge of sewage, industrial waste, and other wastes, the net 1,911
volume, net weight, duration, frequency, and, where necessary, 1,912
concentration of the sewage, industrial waste, and other wastes 1,913
that may be discharged into the waters of the state. The 1,914
director shall specify in those permits AND IN SLUDGE MANAGEMENT 1,915
PERMITS that the permit is conditioned upon payment of applicable 1,917
fees as required by section 3745.11 of the Revised Code and upon 1,918
the right of his THE DIRECTOR'S authorized representatives to 1,919
enter upon the premises of the person to whom the permit has been 1,920
issued for the purpose of determining compliance with this
chapter, rules adopted thereunder, or the terms and conditions of 1,921
a permit, order, or other determination. The director shall 1,922
issue or deny an application for a SLUDGE MANAGEMENT PERMIT OR A 1,923
permit for a new discharge, for the installation or modification 1,925
of a disposal system, or for THE renewal of a permit, within one 1,926
hundred eighty days of the date on which he receives a complete 1,927
application with all plans, specifications, construction 1,928
schedules, and other pertinent information required by the 1,929
director IS RECEIVED. The
(6) THE director may condition permits upon the 1,933
installation of discharge or water quality monitoring equipment 1,934
or devices and the filing of such periodic reports on the amounts 1,935
and contents of discharges and the quality of receiving waters as 1,936
THAT the director prescribes. The director shall condition each 1,938
permit for a government-owned disposal system or any other 1,939
publicly owned "treatment works" as defined in the "Federal Water 1,940
Pollution Control Act" upon the reporting of new introductions of 1,941
industrial waste or other wastes and substantial changes in 1,942
volume or character thereof being introduced into those systems 1,943
or works from "industrial users" as defined in section 502 of 1,944
that act, as necessary to comply with section 402(b)(8) of that 1,945
act; upon the identification of the character and volume of 1,946
44
pollutants subject to pretreatment standards being introduced 1,947
into the system or works; and upon the existence of a program to 1,948
ensure compliance with pretreatment standards by "industrial 1,949
users" of the system or works. In requiring monitoring devices 1,950
and reports, the director, to the extent consistent with the 1,951
"Federal Water Pollution Control Act," shall give consideration 1,953
to technical feasibility and economic reasonableness and shall 1,954
allow reasonable time for compliance. A
(7) A permit may be issued for a period not to exceed five 1,956
years, and may be renewed upon application for renewal and upon a 1,958
finding by the director that the permit holder is making 1,959
satisfactory progress toward the achievement of all applicable 1,960
standards and has complied with the terms and conditions of the 1,961
existing permit. A permit may be modified, suspended, or revoked 1,962
for cause, including, but not limited to, violation of any 1,963
condition of the permit, obtaining a permit by misrepresentation 1,964
or failure to disclose fully all relevant facts OF THE PERMITTED 1,965
DISCHARGE OR OF THE SLUDGE USE, STORAGE, TREATMENT, OR DISPOSAL 1,967
PRACTICE, or changes in any condition that requires either a 1,968
temporary or permanent reduction or elimination of the permitted 1,969
discharge ACTIVITY. No application shall be denied or permit 1,971
revoked or modified without a written order stating the findings 1,972
upon which the denial, revocation, or modification is based. A 1,973
copy of the order shall be sent to the applicant or permit holder 1,974
by certified mail.
(K) Institute or cause to be instituted in any court of 1,976
competent jurisdiction proceedings to compel compliance with this 1,978
chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307, and 1,979
308, AND 405 of the "Federal Water Pollution Control Act"; 1,982
(L) Issue, deny, revoke, or modify industrial water 1,984
pollution control certificates; 1,985
(M) Certify to the government of the United States or any 1,987
agency thereof that an industrial water pollution control 1,988
45
facility is in conformity with the state program or requirements 1,989
for THE control of water pollution whenever the certification may 1,990
be required for a taxpayer under the Internal Revenue Code of the 1,991
United States, as amended; 1,992
(N) Issue, modify, and revoke orders requiring any 1,994
"industrial user" of any publicly owned "treatment works" as 1,995
defined in sections 212(2) and 502(18) of the "Federal Water 1,996
Pollution Control Act" to comply with pretreatment standards; 1,997
establish and maintain records; make reports; install, use, and 1,998
maintain monitoring equipment or methods, including, where 1,999
appropriate, biological monitoring methods; sample discharges in 2,000
accordance with such methods, at such locations, at such 2,001
intervals, and in such A manner as THAT the director determines; 2,003
and provide such other information as THAT is necessary to 2,004
ascertain whether or not there is compliance with toxic and 2,006
pretreatment effluent standards. In issuing, modifying, and 2,007
revoking those orders, the director, to the extent consistent 2,008
with the "Federal Water Pollution Control Act," shall give 2,009
consideration to technical feasibility and economic 2,010
reasonableness and shall allow reasonable time for compliance. 2,011
(O) Exercise all incidental powers necessary to carry out 2,013
the purposes of this chapter; 2,014
(P) Certify or deny certification to any applicant for a 2,016
federal license or permit to conduct any activity that may result 2,018
in any discharge into the waters of the state that the discharge 2,019
will comply with the "Federal Water Pollution Control Act"; 2,020
(Q) Administer and enforce the publicly owned treatment 2,022
works pretreatment program in accordance with the "Federal Water 2,023
Pollution Control Act." In the administration of that program, 2,024
the director may do any of the following: 2,026
(1) Apply and enforce pretreatment standards; 2,028
(2) Approve and deny requests for approval of publicly 2,030
owned treatment works pretreatment programs, oversee those 2,031
programs, and implement, in whole or in part, those programs 2,032
46
under any of the following conditions: 2,033
(a) The director has denied a request for approval of the 2,035
publicly owned treatment works pretreatment program; 2,036
(b) The director has revoked the publicly owned treatment 2,038
works pretreatment program; 2,039
(c) There is no pretreatment program currently being 2,041
implemented by the publicly owned treatment works; 2,042
(d) The publicly owned treatment works has requested the 2,044
director to implement, in whole or in part, the pretreatment 2,045
program. 2,046
(3) Require that a publicly owned treatment works 2,048
pretreatment program be incorporated in a permit issued to a 2,049
publicly owned treatment works as required by the "Federal Water 2,050
Pollution Control Act," require compliance by publicly owned 2,051
treatment works with those programs, and require compliance by 2,052
industrial users with pretreatment standards; 2,053
(4) Approve and deny requests for authority to modify 2,055
categorical pretreatment standards to reflect removal of 2,056
pollutants achieved by publicly owned treatment works; 2,057
(5) Deny and recommend approval of requests for 2,059
fundamentally different factors variances submitted by industrial 2,060
users; 2,061
(6) Make determinations on categorization of industrial 2,063
users; 2,064
(7) Adopt, amend, or rescind rules and issue, modify, or 2,066
revoke orders necessary for the administration and enforcement of 2,067
the publicly owned treatment works pretreatment program. 2,068
Any approval of a publicly owned treatment works 2,070
pretreatment program may contain any terms and conditions, 2,071
including schedules of compliance, that are necessary to achieve 2,072
compliance with this chapter. 2,073
(R) Except as otherwise provied PROVIDED in this division, 2,075
adopt rules in accordance with Chapter 119. of the Revised Code 2,078
establishing procedures, methods, and equipment and other 2,079
47
requirements for equipment to prevent and contain discharges of 2,080
oil and hazardous substances into the waters of the state. The 2,081
rules shall be consistent with and equivalent in scope, content, 2,082
and coverage to section 311(j)(1)(c) of the "Federal Water 2,083
Pollution Control Act" and regulations adopted under it. The 2,084
director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling 2,085
and workover facilities as those terms are defined in that act 2,086
and regulations adopted under it. 2,087
(S)(1) ADMINISTER AND ENFORCE A PROGRAM FOR THE REGULATION 2,090
OF SLUDGE MANAGEMENT IN THIS STATE. IN ADMINISTERING THE 2,093
PROGRAM, THE DIRECTOR, IN ADDITION TO EXERCISING THE AUTHORITY 2,094
PROVIDED IN ANY OTHER APPLICABLE SECTIONS OF THIS CHAPTER, MAY DO 2,095
ANY OF THE FOLLOWING:
(a) DEVELOP PLANS AND PROGRAMS FOR THE DISPOSAL AND 2,097
UTILIZATION OF SLUDGE AND SLUDGE MATERIALS; 2,098
(b) ENCOURAGE, PARTICIPATE IN, OR CONDUCT STUDIES, 2,100
INVESTIGATIONS, RESEARCH, AND DEMONSTRATIONS RELATING TO THE 2,101
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT OF 2,103
SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON
THE AIR AND WATERS OF THE STATE; 2,104
(c) COLLECT AND DISSEMINATE INFORMATION RELATING TO THE 2,106
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT OF 2,108
SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON
THE AIR AND WATERS OF THE STATE; 2,109
(d) ISSUE, MODIFY, OR REVOKE ORDERS TO PREVENT, CONTROL, 2,111
OR ABATE THE USE AND DISPOSAL OF SLUDGE AND SLUDGE MATERIALS OR 2,112
THE EFFECTS OF THE USE OF SLUDGE AND SLUDGE MATERIALS ON LAND 2,113
LOCATED IN THE STATE AND ON THE AIR AND WATERS OF THE STATE; 2,115
(e) ADOPT AND ENFORCE, MODIFY, OR RESCIND RULES NECESSARY 2,117
FOR THE IMPLEMENTATION OF DIVISION (S) OF THIS SECTION. THE 2,118
RULES REASONABLY SHALL PROTECT PUBLIC HEALTH AND THE ENVIRONMENT, 2,119
ENCOURAGE THE BENEFICIAL REUSE OF SLUDGE AND SLUDGE MATERIALS, 2,120
AND MINIMIZE THE CREATION OF NUISANCE ODORS. 2,121
48
THE DIRECTOR MAY SPECIFY IN SLUDGE MANAGEMENT PERMITS THE 2,124
NET VOLUME, NET WEIGHT, QUALITY, AND POLLUTANT CONCENTRATION OF 2,126
THE SLUDGE OR SLUDGE MATERIALS THAT MAY BE USED, STORED, TREATED, 2,127
OR DISPOSED OF, AND THE MANNER AND FREQUENCY OF THE USE, STORAGE, 2,129
TREATMENT, OR DISPOSAL, TO PROTECT PUBLIC HEALTH AND THE
ENVIRONMENT FROM ADVERSE EFFECTS RELATING TO THOSE ACTIVITIES. 2,130
THE DIRECTOR SHALL IMPOSE OTHER TERMS AND CONDITIONS TO PROTECT 2,131
PUBLIC HEALTH AND THE ENVIRONMENT, MINIMIZE THE CREATION OF 2,132
NUISANCE ODORS, AND ACHIEVE COMPLIANCE WITH THIS CHAPTER AND 2,133
RULES ADOPTED UNDER IT AND, IN DOING SO, SHALL CONSIDER WHETHER 2,134
THE TERMS AND CONDITIONS ARE CONSISTENT WITH THE GOAL OF 2,135
ENCOURAGING THE BENEFICIAL REUSE OF SLUDGE AND SLUDGE MATERIALS. 2,136
THE DIRECTOR MAY CONDITION PERMITS ON THE IMPLEMENTATION OF 2,139
TREATMENT, STORAGE, DISPOSAL, DISTRIBUTION, OR APPLICATION
MANAGEMENT METHODS AND THE FILING OF PERIODIC REPORTS ON THE 2,140
AMOUNTS, COMPOSITION, AND QUALITY OF SLUDGE AND SLUDGE MATERIALS 2,141
THAT ARE DISPOSED OF, USED, TREATED, OR STORED. 2,142
AN APPROVAL OF A TREATMENT WORKS SLUDGE DISPOSAL PROGRAM 2,144
MAY CONTAIN ANY TERMS AND CONDITIONS, INCLUDING SCHEDULES OF 2,145
COMPLIANCE, NECESSARY TO ACHIEVE COMPLIANCE WITH THIS CHAPTER AND 2,147
RULES ADOPTED UNDER IT.
(2) AS A PART OF THE PROGRAM ESTABLISHED UNDER DIVISION 2,149
(S)(1) OF THIS SECTION, THE DIRECTOR HAS EXCLUSIVE AUTHORITY TO 2,150
REGULATE SEWAGE SLUDGE MANAGEMENT IN THIS STATE. FOR PURPOSES OF 2,151
DIVISION (S)(2) OF THIS SECTION, THAT PROGRAM SHALL BE CONSISTENT 2,152
WITH SECTION 405 OF THE FEDERAL WATER POLLUTION CONTROL ACT AND 2,154
REGULATIONS ADOPTED UNDER IT AND WITH THIS SECTION, EXCEPT THAT 2,155
THE DIRECTOR MAY ADOPT RULES UNDER DIVISION (S) OF THIS SECTION
THAT ESTABLISH REQUIREMENTS THAT ARE MORE STRINGENT THAN SECTION 2,156
405 OF THE FEDERAL WATER POLLUTION CONTROL ACT AND REGULATIONS 2,158
ADOPTED UNDER IT WITH REGARD TO MONITORING SEWAGE SLUDGE AND 2,159
SEWAGE SLUDGE MATERIALS AND ESTABLISHING ACCEPTABLE SEWAGE SLUDGE
MANAGEMENT PRACTICES AND POLLUTANT LEVELS IN SEWAGE SLUDGE AND 2,160
SEWAGE SLUDGE MATERIALS. 2,161
49
This chapter authorizes the state to participate in ANY 2,163
NATIONAL SLUDGE MANAGEMENT PROGRAM AND the national pollutant 2,164
discharge elimination system, to administer and enforce the 2,167
publicly owned treatment works pretreatment program, and to issue 2,168
permits for the discharge of dredged or fill materials, in 2,169
accordance with the "Federal Water Pollution Control Act." This 2,170
chapter shall be administered, consistent with the laws of this 2,171
state and federal law, in the same manner that the "Federal Water 2,172
Pollution Control Act" is required to be administered. 2,173
This section does not apply to animal waste treatment or 2,175
disposal works and related management and conservation practices 2,176
subject to rules adopted pursuant to division (E)(4) of section 2,177
1511.02 of the Revised Code and involving less than one thousand 2,178
animal units, as "animal units" is defined in the United States 2,179
environmental protection agency regulations. This exclusion does 2,180
not apply to animal waste treatment works having a controlled 2,181
direct discharge to the waters of the state or to the discharge 2,182
of animal waste into a publicly owned treatment works. 2,183
Sec. 6111.039. THE DIRECTOR OF ENVIRONMENTAL PROTECTION 2,185
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 2,186
CODE REQUIRING THE POSTING OF NOTICE REGARDING THE LAND 2,187
APPLICATION OF SLUDGE THAT IS CLASSIFIED AS CLASS B SLUDGE UNDER 2,188
40 C.F.R. 503.
Sec. 6111.04. (A) BOTH OF THE FOLLOWING APPLY EXCEPT AS 2,197
OTHERWISE PROVIDED IN DIVISION (A) OR (F) OF THIS SECTION: 2,198
(1) No person shall cause pollution or place or cause to 2,201
be placed any sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, 2,202
or other wastes in a location where they cause pollution of any 2,203
waters of the state, and any such. 2,204
(2) AN action PROHIBITED UNDER DIVISION (A)(1) OF THIS 2,206
SECTION is hereby declared to be a public nuisance, except in 2,208
such cases where the director of environmental protection has 2,209
issued.
DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT APPLY IF 2,211
50
THE PERSON CAUSING POLLUTION OR PLACING OR CAUSING TO BE PLACED 2,212
WASTES IN A LOCATION IN WHICH THEY CAUSE POLLUTION OF ANY WATERS 2,213
OF THE STATE HOLDS a valid and, unexpired permit, or renewal 2,215
thereof OF A PERMIT, GOVERNING THE CAUSING OR PLACEMENT as 2,216
provided in sections 6111.01 to 6111.08 of the Revised Code, or 2,217
an IF THE PERSON'S application for renewal OF SUCH A PERMIT is 2,218
pending.
(B) IF THE DIRECTOR ADMINISTERS A SLUDGE MANAGEMENT 2,220
PROGRAM PURSUANT TO DIVISION (S) OF SECTION 6111.03 OF THE 2,221
REVISED CODE, BOTH OF THE FOLLOWING APPLY EXCEPT AS OTHERWISE 2,222
PROVIDED IN DIVISION (B) OR (F) OF THIS SECTION: 2,224
(1) NO PERSON, IN THE COURSE OF SLUDGE MANAGEMENT, SHALL 2,226
PLACE ON LAND LOCATED IN THE STATE OR RELEASE INTO THE AIR OF THE 2,227
STATE ANY SLUDGE OR SLUDGE MATERIALS. 2,228
(2) AN ACTION PROHIBITED UNDER DIVISION (B)(1) OF THIS 2,230
SECTION IS HEREBY DECLARED TO BE A PUBLIC NUISANCE. 2,231
DIVISIONS (B)(1) AND (2) OF THIS SECTION DO NOT APPLY IF 2,233
THE PERSON PLACING OR RELEASING THE SLUDGE OR SLUDGE MATERIALS 2,235
HOLDS A VALID, UNEXPIRED PERMIT, OR RENEWAL OF A PERMIT, 2,236
GOVERNING THE PLACEMENT OR RELEASE AS PROVIDED IN SECTIONS 2,237
6111.01 TO 6111.08 OF THE REVISED CODE OR IF THE PERSON'S
APPLICATION FOR RENEWAL OF SUCH A PERMIT IS PENDING. 2,238
(C) No person to whom a permit has been issued shall place 2,240
or discharge, or cause to be placed or discharged, in any waters 2,241
of the state any sewage, SLUDGE, SLUDGE MATERIALS, industrial 2,242
waste, or other wastes in excess of the permissive discharges 2,243
specified under such THE existing permit without first receiving 2,244
a permit from the director to do so. 2,246
No person who is discharging or causing the discharge of 2,248
any sewage, industrial waste, or other wastes into the waters of 2,249
the state shall continue or cause the continuance of such 2,250
discharge, without first obtaining a permit therefore issued by 2,252
the director. The director shall prescribe by rule a reasonable 2,253
filing period within which applications may be filed to obtain 2,254
51
permits for existing discharges that have not been authorized by 2,255
permit.
(D) NO PERSON TO WHOM A SLUDGE MANAGEMENT PERMIT HAS BEEN 2,257
ISSUED SHALL PLACE ON THE LAND OR RELEASE INTO THE AIR OF THE 2,258
STATE ANY SLUDGE OR SLUDGE MATERIALS IN EXCESS OF THE PERMISSIVE 2,259
AMOUNTS SPECIFIED UNDER THE EXISTING SLUDGE MANAGEMENT PERMIT 2,260
WITHOUT FIRST RECEIVING A MODIFICATION OF THE EXISTING SLUDGE 2,261
MANAGEMENT PERMIT OR A NEW SLUDGE MANAGEMENT PERMIT TO DO SO FROM 2,262
THE DIRECTOR. 2,263
(E) The director may require the submission of such plans, 2,265
specifications, and other information as he deems THAT THE 2,266
DIRECTOR CONSIDERS relevant in connection with the issuance of 2,267
permits.
(F) This section does not apply to ANY OF THE FOLLOWING: 2,269
(A)(1) Waters used in washing sand, gravel, other 2,271
aggregates, or mineral products, when such THE washing and the 2,272
ultimate disposal of the water used in such THE washing, 2,274
including any sewage, industrial waste, or other wastes contained 2,275
in such THE waters, are entirely confined to the land under the 2,277
control of the person engaged in the recovery and processing of 2,278
such THE sand, gravel, other aggregates, or mineral products, and 2,279
do not result in the pollution of waters of the state; 2,280
(B)(2) Water, gas, or other material injected into a well 2,282
to facilitate, or which THAT is incidental to, the production of 2,283
oil, gas, artificial brine, or water derived in association with 2,285
oil or gas production and disposed of in a well, in compliance 2,286
with a permit issued under Chapter 1509. of the Revised Code, or 2,287
sewage, industrial waste, or other wastes injected into a well in 2,288
compliance with an injection well operating permit. This 2,289
division DIVISION (F)(2) OF THIS SECTION does not authorize, 2,291
without a permit, any discharge that is prohibited by, or for 2,292
which a permit is required by, regulation of the United States 2,293
environmental protection agency.
(C)(3) Application of any materials to land for 2,295
52
agricultural purposes or runoff of such THOSE materials from such 2,296
THAT application or pollution by animal waste or soil sediment, 2,298
including attached substances, resulting from farming, 2,299
silvicultural, or earthmoving activities regulated by Chapter 2,300
307. or 1515. of the Revised Code. This division DIVISION (F)(3) 2,301
OF THIS SECTION does not authorize, without a permit, any 2,302
discharge from a treatment works for treating animal wastes 2,303
having a controlled direct discharge into the waters of the 2,305
state, or any discharge that is prohibited by, or for which a
permit is required by, regulation of the United States 2,306
environmental protection agency. 2,307
(D)(4) The excrement of domestic and farm animals 2,309
defecated on land or runoff therefrom into any waters of the 2,310
state. This division DIVISION (F)(4) OF THIS SECTION does not 2,311
authorize, without a permit, any discharge that is prohibited by, 2,313
or for which a permit is required by, regulation of the United 2,314
States environmental protection agency.
(E)(5) The discharge of sewage, industrial waste, or other 2,316
wastes into a sewerage system tributary to a treatment works. 2,317
This division DIVISION (F)(5) OF THIS SECTION does not authorize 2,319
any discharge into a publicly owned treatment works in violation 2,320
of a pretreatment program applicable to such THE publicly owned 2,321
treatment works.
(F)(6) Septic tanks or any other disposal systems for the 2,323
disposal or treatment of sewage from single-family, two-family, 2,324
or three-family dwellings in compliance with the sanitary code 2,325
and section 1541.21 or 3707.01 of the Revised Code. This 2,326
division DIVISION (F)(6) OF THIS SECTION does not authorize, 2,328
without a permit, any discharge that is prohibited by, or for 2,329
which a permit is required by, regulation of the United States 2,330
environmental protection agency.
(7) EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF THIS 2,332
STATE AND CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER THAN 2,333
ONE HUNDRED POUNDS IN CAPACITY. AS USED IN DIVISION (F)(7) OF 2,334
53
THIS SECTION, "EXCEPTIONAL QUALITY SLUDGE" HAS THE SAME MEANING 2,335
AS IN DIVISION (Y) OF SECTION 3745.11 OF THE REVISED CODE. 2,336
(G) The holder of a permit issued under section 402 (a) of 2,338
the "Federal Water Pollution Control Act" need not obtain a 2,339
permit for a discharge authorized by such THE permit until its 2,340
expiration date. The director of environmental protection shall 2,341
administer and enforce such THOSE permits within this state, and 2,343
may modify the THEIR terms and conditions thereof in accordance 2,345
with division (J) of section 6111.03 of the Revised Code. 2,346
Sec. 6111.042. In accordance with Chapter 119. of the 2,355
Revised Code, the director of environmental protection shall 2,356
adopt and enforce, and may modify and repeal RESCIND, rules 2,357
setting forth and requiring compliance with national effluent 2,359
limitations, national standards of performance for new sources, 2,360
and national toxic and pretreatment effluent standards, AND 2,361
NATIONAL SLUDGE USE AND DISPOSAL STANDARDS, as necessary in order 2,362
to insure ENSURE compliance with sections 301, 306, and 307, AND 2,364
405 of the "Federal Water Pollution Control Act". No person 2,365
shall violate any such rule, except in compliance with the terms 2,366
and conditions of a permit issued under section 6111.03 of the 2,367
Revised Code.
To the extent the effluent limitations adopted by the 2,369
administrator of the United States environmental protection 2,370
agency pursuant to section 304 of the "Federal Water Pollution 2,371
Control Act" are inapplicable, the director may establish on a 2,372
case-by-case basis effluent limitations in a permit issued under 2,373
section 6111.03 of the Revised Code, based upon best engineering 2,375
PROFESSIONAL judgment. In establishing such effluent 2,376
limitations, the director shall take BOTH OF THE FOLLOWING into 2,377
consideration:
(A) The appropriate technology for the category or class 2,379
of point sources of which the applicant is a member, based on all 2,380
available information, including the administrator's draft or 2,381
proposed development documents or guidance; the total cost of 2,382
54
achieving such THE limitations in relation to the effluent 2,383
reduction benefits to be achieved; the age of equipment and 2,385
facilities involved; the process employed; the engineering 2,386
aspects of the application of various types of control techniques 2,387
and process changes; nonwater quality environmental impact, 2,388
including energy requirements; and such other factors as THAT 2,389
would have been appropriate for the administrator to consider 2,391
pursuant to section 304 of the "Federal Water Pollution Control 2,392
Act";
(B) As to the applicant for the permit, any unique factors 2,394
regarding the considerations set forth in division (A) of this 2,395
section. 2,396
Sec. 6111.05. The director of environmental protection 2,405
may, on his THE DIRECTOR'S own initiative, MAY investigate or 2,407
make inquiries into any alleged act of pollution or failure to 2,409
comply with Chapter 6111. of the Revised Code, THIS CHAPTER or 2,410
any order, ANY rule, the terms and conditions of a permit, or ANY 2,412
other determination pursuant thereto. However, upon written 2,413
complaint by any person, the director shall conduct such ANY 2,414
investigations and make such ANY inquiries as THAT are required. 2,415
The director or his THE DIRECTOR'S duly authorized 2,417
representative may enter at reasonable times upon any private or 2,419
public property to inspect and investigate conditions relating to 2,420
POLLUTION OF ANY AIR OF THE STATE OR LAND LOCATED IN THE STATE 2,421
RELATED TO THE USE, STORAGE, TREATMENT, OR DISPOSAL OF SLUDGE OR 2,422
SLUDGE MATERIALS OR pollution of any waters of the state, inspect 2,423
any monitoring equipment, inspect the drilling, conversion, or 2,424
operation of any injection well, and sample any discharges, 2,425
including discharges by "industrial users" into a publicly owned 2,426
"treatment works" as such THOSE terms are defined in sections 212 2,428
and 502 of the "Federal Water Pollution Control Act," and may 2,429
apply to the court of common pleas having jurisdiction for a 2,430
warrant permitting such THE entrance and inspection. 2,431
Any authorized representative of the director may at 2,433
55
reasonable times MAY examine any records or memoranda pertaining 2,434
to SLUDGE MANAGEMENT, the operation of disposal systems, the 2,435
drilling, conversion, or operation of injection wells, or 2,437
discharges by "industrial users" into publicly owned "treatment 2,438
works" as defined in sections 212 and 501 of the "Federal Water 2,439
Pollution Control Act." The director may require the maintenance 2,440
of records relating to SLUDGE MANAGEMENT, DISCHARGES, OR the 2,441
operation of such disposal systems, OR injection wells, or 2,444
discharges. The director may make copies of such THE records. 2,446
Any authorized representative of a publicly owned "treatment
works" may enter at reasonable times upon the premises of any 2,447
"industrial user" that discharges into the works to inspect any 2,448
monitoring equipment or method of the user, to sample any 2,449
discharges of the user into the works, or to inspect any records 2,450
or memoranda pertaining to discharges by the user into the works, 2,451
in order to ascertain compliance by the user with applicable 2,452
pretreatment standards. The representative may make copies of 2,453
such THE records. Any records, reports, or information obtained 2,454
under Chapter 6111. of the Revised Code THIS CHAPTER shall be 2,455
available for public inspection, except that: 2,457
(A) Upon a showing satisfactory to the director of 2,459
environmental protection by any person that such THE records, 2,461
reports, or information, or any particular part thereof, other
than data concerning the amounts or contents of discharges or the 2,462
quality of the receiving waters, to which the director has access 2,463
under this chapter, if made public would divulge information 2,464
entitled to protection as trade secrets of such THE person, the 2,465
director shall consider such THE record, report, or information 2,466
or particular portion thereof confidential. Prior to divulging 2,467
any alleged trade secret information pursuant to this division, 2,468
the director shall give ten days' written notice to the person 2,469
claiming trade secrecy. 2,470
(B) Such THE record, report, or information may be 2,472
disclosed to other officers, employees, or authorized 2,473
56
representatives of the state, another state, or of the United 2,474
States, when necessary to sustain an action brought pursuant to 2,476
Chapter 6111. of the Revised Code THIS CHAPTER or during an 2,477
adjudication hearing, or when otherwise necessary to fulfill any 2,479
requirement of the "Federal Water Pollution Control Act." 2,480
No person to whom a permit has been issued shall refuse 2,482
entry to any authorized representative of the director or 2,483
willfully hinder or thwart such THE representative in the 2,484
exercise of any authority granted by this section. 2,486
The director or his THE DIRECTOR'S authorized 2,488
representative, or, where necessary to monitor compliance with 2,490
pretreatment standards, the authorized representative of a 2,491
publicly owned "treatment works," may apply for, and any judge of 2,492
a court of common pleas may issue, a warrant necessary to achieve 2,493
the purposes of this chapter. 2,494
Sec. 6111.07. (A) No person shall violate or fail to 2,503
perform any duty imposed by sections 6111.01 to 6111.08 of the 2,504
Revised Code, or violate any order, rule, or term or condition of 2,505
a permit issued OR ADOPTED by the director of environmental 2,506
protection pursuant to such THOSE sections. Each day of 2,508
violation is a separate offense. 2,510
(B) The attorney general, upon the written request of the 2,512
director of environmental protection, shall prosecute any person 2,513
who violates, or who fails to perform any duty imposed by, 2,514
sections 6111.01 to 6111.08 of the Revised Code, or who violates 2,515
any order, rule, or condition of a permit issued OR ADOPTED by 2,516
the director pursuant to such THOSE sections. 2,518
The attorney general, upon written request of the director 2,520
of environmental protection, shall bring an action for an 2,521
injunction against any person violating or threatening to violate 2,522
Chapter 6111., THIS CHAPTER or violating or threatening to 2,523
violate any order, or rule, or condition of a permit issued OR 2,525
ADOPTED by the director pursuant to Chapter 6111 THIS CHAPTER. 2,527
In an action for injunction to enforce any final order of the 2,529
57
director brought pursuant to this section, the finding by the 2,530
director, after hearing, is prima-facie evidence of the facts 2,531
found therein.
(C) No person KNOWINGLY shall knowingly submit false 2,533
information or records or fail to submit information or records 2,535
pertaining to discharges OF SEWAGE, INDUSTRIAL WASTES, OR OTHER 2,536
WASTES OR TO SLUDGE MANAGEMENT required as a condition of a 2,537
permit OR KNOWINGLY RENDER INACCURATE ANY MONITORING DEVICE OR 2,538
OTHER METHOD REQUIRED TO BE MAINTAINED BY THE DIRECTOR. 2,539
Sec. 6111.44. Except as otherwise provided in section 2,548
6111.14 of the Revised Code or in rules adopted under division 2,549
(G) of section 6111.03 of the Revised Code, no municipal 2,550
corporation, county, public institution, corporation, or officer 2,551
or employee thereof, or other person shall provide or install 2,552
sewerage or treatment works for sewage, SLUDGE, OR SLUDGE 2,553
MATERIALS disposal, OR TREATMENT or make a change in any sewerage 2,555
or sewage treatment works until the plans therefor have been 2,556
submitted to and approved by the director of environmental 2,557
protection. Sections 6111.44 to 6111.46 of the Revised Code 2,558
apply to sewerage and treatment works for sewage of a municipal 2,559
corporation or part thereof, an unincorporated community, a 2,560
county sewer district, or other land outside of a municipal 2,561
corporation or any publicly or privately owned building or group 2,562
of buildings or place, used for the assemblage, entertainment, 2,563
recreation, education, correction, hospitalization, housing, or 2,564
employment of persons, but do not apply to sewerage or treatment 2,565
works for sewage installed or to be installed for the use of a 2,566
private residence or dwelling, or to animal waste treatment or 2,567
disposal works and related management and conservation practices 2,568
THAT ARE subject to rules adopted pursuant to division (E)(4) of 2,569
section 1511.02 of the Revised Code and involving less than one 2,570
thousand animal units as animal units are defined in the United 2,571
States environmental protection agency regulations. This 2,572
exclusion does not apply to animal waste treatment works having a 2,573
58
controlled direct discharge to waters of the state. 2,574
In granting an approval, the director of environmental 2,576
protection may stipulate such modifications, conditions, and 2,577
rules as THAT the public health and prevention of pollution may 2,578
require. Any action taken by the director shall be a matter of 2,579
public record and shall be entered in his THE DIRECTOR'S journal. 2,581
Each period of thirty days that a violation of this section 2,582
continues, after a conviction for such THE violation, constitutes 2,583
a separate offense. 2,584
Sec. 6111.45. No municipal corporation, county, public 2,593
institution, corporation, or officer or employee thereof, or 2,594
other person shall establish as proprietor, agent, employee, 2,595
lessee, or tenant, any garbage disposal plant, shop, factory, 2,596
mill, industrial establishment, process, trade, or business, in 2,597
the operation of which an industrial waste is produced, or make a 2,598
change in or enlargement of a garbage disposal plant, shop, 2,599
factory, mill, industrial establishment, process, trade, or 2,600
business, whereby an industrial waste is produced or materially 2,601
increased or changed in character, or install works for the 2,602
treatment or disposal of any such waste until the plans for the 2,603
disposal of such THE waste have been submitted to and approved by 2,605
the director of environmental protection. As used in sections 2,606
6111.44 to 6111.46 of the Revised Code, "industrial waste" means 2,607
SLUDGE OR SLUDGE MATERIALS OR a water-carried or a liquid waste 2,609
resulting from any process of industry, manufacture, trade, or 2,611
business, or development of any natural resource. In granting an 2,612
approval, the agency may stipulate such modifications, 2,613
conditions, and regulations as RULES THAT the public health and 2,615
welfare may require. Any action taken by the director shall be a 2,616
matter of public record and shall be entered in his THE 2,617
DIRECTOR'S journal. Each period of thirty days that a violation 2,618
of this section continues, after a conviction of such THE 2,619
violation, constitutes a separate offense. 2,621
Sec. 6111.46. The environmental protection agency shall 2,630
59
exercise general supervision of the TREATMENT AND disposal of 2,632
sewage and industrial wastes and the operation and maintenance of 2,633
works or means installed for the collection, treatment, or AND 2,635
disposal of sewage and industrial wastes. Such general 2,636
supervision shall apply to all features of construction, 2,637
operation, and maintenance of such THE works or means which THAT 2,638
do or may affect the proper treatment of AND disposal of such 2,640
sewage and industrial wastes. The agency shall investigate the 2,643
works or means employed in the collection, treatment, and 2,644
disposal of sewage and industrial wastes whenever deemed 2,646
CONSIDERED necessary and OR whenever requested to do so by local 2,649
health officials; and, may adopt and enforce orders and
regulations RULES governing the operation and maintenance of such 2,651
THE works or means OF TREATMENT AND DISPOSAL OF SUCH SEWAGE AND 2,652
INDUSTRIAL WASTES, and may require the submission of records and 2,654
data of construction, operation, and maintenance, including plans 2,655
and descriptions of existing works or means of TREATMENT AND 2,656
disposal of such sewage or AND INDUSTRIAL wastes. When the 2,657
agency requires the submission of such records or information, 2,660
the public officials or person, firm, or corporation having the 2,661
works in charge shall promptly comply PROMPTLY with such THAT 2,662
order.
Section 2. That existing sections 3709.085, 3745.11, 2,664
6111.01, 6111.03, 6111.04, 6111.042, 6111.05, 6111.07, 6111.44, 2,666
6111.45, and 6111.46 of the Revised Code are hereby repealed. 2,667
Section 3. Not later than six months after the effective 2,670
date of this act, the Director of Environmental Protection shall 2,671
submit rules required by division (S) of section 6111.03 of the 2,672
Revised Code, as amended by this act, to the Joint Committee on
Agency Rule Review. 2,674