|
|
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 |