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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 publicly | 5 |
owned sewerage systems, requiring and approving | 6 |
long-term control plans for wet weather discharges | 7 |
from publicly owned sewerage systems, and | 8 |
enforcing provisions of that Act as applied to | 9 |
publicly owned sewerage systems. | 10 |
Section 1. That section 6111.60 of the Revised Code be | 11 |
enacted to read as follows: | 12 |
Sec. 6111.60. Before issuing a national pollutant discharge | 13 |
elimination system permit for discharges from a publicly owned | 14 |
sewerage system, requiring and approving a long-term control plan | 15 |
for wet weather discharges from a publicly owned sewerage system, | 16 |
or enforcing the Federal Water Pollution Control Act as applied to | 17 |
publicly owned sewerage systems, the director of environmental | 18 |
protection, to the extent allowable under that act and regulations | 19 |
adopted under that act, shall consider all of the following, as | 20 |
applicable, notwithstanding any other provisions of this chapter | 21 |
to the contrary: | 22 |
(A) Limitations on the ability of an applicant for a permit | 23 |
or of a permittee to pay for or to secure money to pay for a | 24 |
required project; | 25 |
(B) An evaluation of the effectiveness and cost of a | 26 |
long-term control plan; | 27 |
(C) An evaluation of the effectiveness and cost of specific | 28 |
wet weather flow control technologies; | 29 |
(D) An evaluation of the impact of a long-term control plan | 30 |
on the environment as a whole and of the promotion of alternative | 31 |
control options that will minimize the impact on the environment; | 32 |
(E) Reducing the economic impacts on an applicant for a | 33 |
permit or on a permittee, other state and local government | 34 |
entities, and residents of the state; | 35 |
(F) Allowing for reasonable flexibility in the implementation | 36 |
of a long-term control plan when the plan would impose a | 37 |
disproportionate financial hardship compared to its environmental | 38 |
benefits; | 39 |
(G) Giving preference, when proposed by an applicant for a | 40 |
permit or by a permittee, to control options that comply with the | 41 |
presumption approach performance criteria established in the | 42 |
combined sewer overflow control policy adopted under 33 U.S.C. | 43 |
1342 and that demonstrate significant pollution reduction rather | 44 |
than mandating specific designs; | 45 |
(H) Allowing adequate time and flexibility for implementation | 46 |
of the schedule specified in the long-term control plan when | 47 |
justified by a clear environmental benefit; | 48 |
(I) Factors specified in the combined sewer overflow control | 49 |
policy adopted under 33 U.S.C. 1342 that may ease the financial | 50 |
burdens of implementing a long-term control plan, including, but | 51 |
not limited to, small publicly owned sewerage system | 52 |
considerations, the attainability of water quality standards, and | 53 |
the development of wet weather standards; | 54 |
(J) All other requirements imposed on an applicant for a | 55 |
permit or on a permittee to undertake capital improvements under | 56 |
the Federal Water Pollution Control Act, the Safe Drinking Water | 57 |
Act as defined in section 6109.01 of the Revised Code, this | 58 |
chapter, Chapter 6109. of the Revised Code, or rules adopted under | 59 |
either chapter. | 60 |