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| To enact section 6111.60 of the Revised Code to | 1 |
| require the Director of Environmental Protection | 2 |
| to consider, to the extent allowable under the | 3 |
| Federal Water Pollution Control Act, specified | 4 |
| factors before issuing NPDES permits for sewerage | 5 |
| systems, requiring and approving long-term control | 6 |
| plans for wet weather discharges from sewerage | 7 |
| systems, and enforcing provisions of that Act as | 8 |
| applied to sewerage systems. | 9 |
| Section 1. That section 6111.60 of the Revised Code be | 10 |
| enacted to read as follows: | 11 |
| Sec. 6111.60. Before issuing a national pollutant discharge | 12 |
| elimination system permit for discharges from a sewerage system, | 13 |
| requiring and approving a long-term control plan for wet weather | 14 |
| discharges from a sewerage system, or enforcing the Federal Water | 15 |
| Pollution Control Act as applied to sewerage systems, the director | 16 |
| of environmental protection, to the extent allowable under that | 17 |
| act, shall consider all of the following, as applicable, | 18 |
| notwithstanding any other provisions of this chapter to the | 19 |
| contrary: | 20 |
| (A) Limitations on the ability of an applicant for a permit | 21 |
| or of a permittee to pay for or to secure money to pay for a | 22 |
| required project; | 23 |
| (B) An evaluation of the effectiveness and cost of a | 24 |
| long-term control plan; | 25 |
| (C) An evaluation of the effectiveness and cost of specific | 26 |
| wet weather flow control technologies; | 27 |
| (D) An evaluation of the impact of a long-term control plan | 28 |
| on the environment as a whole and of the promotion of alternative | 29 |
| control options that will minimize the impact on the environment; | 30 |
| (E) Reducing the economic impacts on an applicant for a | 31 |
| permit or on a permittee, other state and local government | 32 |
| entities, and residents of the state; | 33 |
| (F) Allowing for reasonable flexibility in the implementation | 34 |
| of a long-term control plan when the plan would impose a | 35 |
| disproportionate financial hardship compared to its environmental | 36 |
| benefits; | 37 |
| (G) Giving preference, when proposed by an applicant for a | 38 |
| permit or by a permittee, to control options that comply with the | 39 |
| presumption approach performance criteria established in the | 40 |
| combined sewer overflow control policy adopted under 33 U.S.C. | 41 |
| 1342 and that demonstrate significant pollution reduction rather | 42 |
| than mandating specific designs; | 43 |
| (H) Allowing adequate time and flexibility for implementation | 44 |
| of the schedule specified in the long-term control plan; | 45 |
| (I) Factors specified in the combined sewer overflow control | 46 |
| policy adopted under 33 U.S.C. 1342 that may ease the financial | 47 |
| burdens of implementing a long-term control plan, including, but | 48 |
| not limited to, small sewerage system considerations, the | 49 |
| attainability of water quality standards, and the development of | 50 |
| wet weather standards; | 51 |
| (J) All other requirements imposed on an applicant for a | 52 |
| permit or on a permittee to undertake capital improvements under | 53 |
| the Federal Water Pollution Control Act, the Safe Drinking Water | 54 |
| Act as defined in section 6109.01 of the Revised Code, this | 55 |
| chapter, Chapter 6109. of the Revised Code, or rules adopted under | 56 |
| either chapter. | 57 |