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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 197 |
REPRESENTATIVES KREBS-ALLEN-OPFER-PRINGLE-TERWILLEGER-WILLIAMS-LOGAN-
HOUSEHOLDER-FERDERBER-BARNES-KRUPINSKI-GOODING-PERRY-MAIER
A BILL
To amend sections 3709.085, 3745.11, 6111.01, 6111.03, 6111.04, 6111.042,
6111.05,
6111.07, 6111.44, 6111.45, and 6111.46 and to enact section 6111.039 of the
Revised Code to authorize the Director of
Environmental Protection to
issue permits for the use, storage, treatment, or disposal of
sludge and sludge materials, to impose an annual sludge fee, and to otherwise
regulate sludge and sludge materials.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3709.085, 3745.11, 6111.01, 6111.03, 6111.04,
6111.042,
6111.05, 6111.07, 6111.44, 6111.45, and 6111.46 be amended and section
6111.039 of the Revised Code be enacted to read as follows:
Sec. 3709.085. (A) The board of health of a city or
general health district may enter into a contract with any
political subdivision or other governmental agency to obtain or
provide all or part of any services, including, but not limited
to, enforcement services, for the purposes of Chapter 3704. of
the Revised Code, the rules adopted and orders made pursuant
thereto, or any other ordinances or rules for the prevention,
control, and abatement of air pollution.
(B)(1) As used in division (B)(2) of this section:
(a) "Semipublic disposal system" means a disposal system
that treats the sanitary sewage discharged from publicly
or
privately owned buildings or places of assemblage, entertainment,
recreation, education, correction, hospitalization, housing, or
employment, but does not include a disposal system that
treats
sewage in amounts of more than twenty-five thousand gallons per
day; a disposal system for the treatment of sewage that is exempt
from the requirements of section 6111.04 of the Revised Code
pursuant to division (F)(6) of that section; or a disposal system
for the treatment of industrial waste.
(b) Terms defined in section 6111.01 of the Revised Code
have the same meanings as in that section.
(2) The board of health of a city or general health
district may enter into a contract with the environmental
protection agency to conduct on behalf of the agency inspection
or enforcement services, for the purposes of Chapter 6111. and
section 1541.21 of the Revised Code and rules adopted thereunder,
for the disposal or treatment of sewage from single-family,
two-family, or three-family dwellings located in special sanitary
districts designated by section 1541.21 of the Revised Code, for
the disposal or treatment of sewage from semipublic disposal
systems, or for both. The board of health of a city or general
health district may charge a fee established pursuant to section
3709.09 of the Revised Code to be paid by the owner or operator of a
semipublic disposal system or the owner or resident
of any such dwelling located in a special sanitary district for
inspections conducted by the board pursuant to a contract entered
into under division (B)(2) of this section, except
that the board shall not charge
a fee for those inspections conducted at any manufactured home
park, recreational vehicle park, recreation camp, or combined
park-camp that is licensed under section 3733.03 of the Revised
Code.
Sec. 3745.11. (A) Applicants for and holders of permits,
licenses, variances, plan approvals, and certifications issued by
the director of environmental protection pursuant to Chapters
3704., 3734., 6109., and 6111. of the Revised Code shall pay a
fee to the environmental protection agency for each such issuance
and each application for an issuance as provided by this section.
No fee shall be charged for any issuance for which no application
has been submitted to the director.
(B) Prior to January 1, 1994, each person issued a permit
to operate, variance, or permit to install under section 3704.03
of the Revised Code shall pay the fees specified in the following
schedule:
(1) Fuel-Burning Equipment
Input capacity (million British |
Permit
| |
Permit
|
thermal units |
to
| |
to
|
per hour) |
operate
|
Variance
|
install
|
0 or more, but less than 10 | $ 75 | $225 | $ 100 |
10 or more, but less than 100 | 210 | 450 | 390 |
100 or more, but less than 300 | 270 | 675 | 585 |
300 or more, but less than 500 | 330 | 900 | 780 |
500 or more | 500 | 975 | 1000 |
Any fuel-burning equipment using only natural gas, propane,
liquefied petroleum gas, or number two or lighter fuel oil shall
be assessed a fee one-half of that shown.
(2) Incinerators
Input capacity |
Permit
| |
Permit
|
(pounds per |
to
| |
to
|
hour) |
operate
|
Variance
|
install
|
0 to 50 | $ 50 | $225 | $ 65 |
51 to 500 | 210 | 450 | 390 |
501 to 2000 | 270 | 675 | 585 |
2001 to 30,000 | 330 | 900 | 780 |
more than 30,000 | 500 | 975 | 1000 |
(3) Process
Process weight |
Permit
| |
Permit
|
rate |
to
| |
to
|
(pounds per hour) |
operate
|
Variance
|
install
|
0 to 1000 | $100 | $225 | $ 200 |
1001 to 5000 | 210 | 450 | 390 |
5001 to 10,000 | 270 | 675 | 585 |
10,001 to 50,000 | 330 | 900 | 780 |
more than 50,000 | 500 | 975 | 1000 |
In any process where process weight rate cannot be ascertained, the minimum
fee shall be assessed.
(4) Storage tanks
Gallons |
Permit to
| |
Permit to
|
(capacity) |
operate
|
Variance
|
install
|
less than 40,000 | $150 | $225 | $ 195 |
40,000 or more, but less than 100,000 | 210 | 450 | 390 |
100,000 or more, but less than 400,000 | 270 | 675 | 585 |
400,000 or more, but less than 1,000,000 | 330 | 900 | 780 |
1,000,000 or more | 500 | 975 | 1000 |
(5) Gasoline
Gasoline dispensing |
Permit to
| |
Permit to
|
facilities |
operate
|
Variance
|
install
|
For each gasoline dispensing facility | $20 | $100 | $50 |
(6) Dry cleaning
Dry cleaning |
Permit to
| |
Permit to |
facilities |
operate
|
Variance
|
install
|
For each dry cleaning facility | $50 | $200 | $100 |
(7) Coal mining operations regulated under Chapter 1513.
of the Revised Code shall be assessed a fee of two hundred fifty
dollars per mine or location.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, beginning July 1, 1994, each person who owns or
operates an air contaminant source and who is required to apply
for and obtain a Title V permit under section 3704.036 of the
Revised Code shall pay the fees set forth in division (C)(1) of
this section. For the purposes of that division, total emissions
of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations,
or performance testing procedures, as authorized by the director.
The following fees shall be assessed on the total actual
emissions from a source in tons per year of the regulated
pollutants particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead:
(a) Fifteen dollars per ton on the total actual emissions
of each such regulated pollutant during the period July through
December 1993, to be collected no sooner than July 1, 1994;
(b) Twenty dollars per ton on the total actual emissions
of each such regulated pollutant during calendar year 1994, to be
collected no sooner than April 15, 1995;
(c) Twenty-five dollars per ton on the total actual
emissions of each such regulated pollutant in calendar year 1995,
and each subsequent calendar year, to be collected no sooner than
the fifteenth day of April of the year next succeeding the
calendar year in which the emissions occurred.
The fees levied under division (C)(1) of this section do
not apply to that portion of the emissions of a regulated
pollutant at a facility that exceed four thousand tons during a
calendar year.
(2) The fees assessed under division (C)(1) of this
section are for the purpose of providing funding for the Title V
permit program.
(3) The fees assessed under division (C)(1) of this
section do not apply to emissions from any electric generating
unit designated as a Phase I unit under Title IV of the federal
Clean Air Act prior to calendar year 2000. Those fees shall be
assessed on the emissions from such a generating unit commencing
in calendar year 2001 based upon the total actual emissions from
the generating unit during calendar year 2000.
(4) The director shall issue invoices to owners or
operators of air contaminant sources who are required to pay a
fee assessed under division (C) or (D) of this section. Any such
invoice shall be issued no sooner than the applicable date when
the fee first may be collected in a year under the applicable
division, shall identify the nature and amount of the fee
assessed, and shall indicate that the fee is required to be paid
within thirty days after the issuance of the invoice.
(D) Beginning January 1, 1994, each person who owns or
operates an air contaminant source; who is required to apply for
a permit to operate pursuant to rules adopted under division (G),
or a variance pursuant to division (H), of section 3704.03 of the
Revised Code; and who is not required to apply for and obtain a
Title V permit under section 3704.036 of the Revised Code shall
pay a single fee based upon the sum of the actual annual
emissions from the facility of the regulated pollutants
particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead in accordance with the following
schedule:
Total tons per year | |
of regulated pollutants emitted |
Annual fee
per facility
|
More than 0, but less than 50 | $ 75 |
50 or more, but less than 100 | 300 |
100 or more | 700 |
The fees assessed under this division shall be collected
annually no sooner than the fifteenth day of April, commencing in
1995. The fee assessed under this division in a calendar year
shall be based upon the sum of the actual emissions of those
regulated pollutants during the preceding calendar year. For the
purpose of this division, emissions of air contaminants may be
calculated using engineering calculations, emission factors,
material balance calculations, or performance testing procedures,
as authorized by the director. The director, by rule, may
require persons who are required to pay the fees assessed under
this division to pay those fees biennially rather than annually.
(E)(1) Consistent with the need to cover the reasonable
costs of the Title V permit program, the director annually shall
increase the fees prescribed in division (C)(1) of this section
by the percentage, if any, by which the consumer price index for
the most recent calendar year ending before the beginning of a
year exceeds the consumer price index for calendar year 1989.
Upon calculating an increase in fees authorized by division (E)(1) of this
section, the director shall compile revised fee schedules for the purposes
of division (C)(1) of this section and shall make the revised schedules
available to persons required to pay the fees assessed under that division
and to the public.
(2) For the purposes of division (E)(1) of this section:
(a) The consumer price index for any year is the average
of the consumer price index for all urban consumers published by
the United States department of labor as of the close of the
twelve-month period ending on the thirty-first day of August of
that year;
(b) If the 1989 consumer price index is revised, the
director shall use the revision of the consumer price index that
is most consistent with that for calendar year 1989.
(F) Each person who is issued a permit to install pursuant
to rules adopted under division (F) of section 3704.03 of the
Revised Code on or after January 1, 1994, shall pay the fees
specified in the following schedules:
(1)
(1) Fuel-burning equipment (boilers)
Input capacity (maximum) | |
(million British thermal units per hour) | Permit to install |
Greater than 0, but less than 10 | $ 200 |
10 or more, but less than 100 | 400 |
100 or more, but less than 300 | 800 |
300 or more, but less than 500 | 1500 |
500 or more, but less than 1000 | 2500 |
1000 or more, but less than 5000 | 4000 |
5000 or more | 6000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half the applicable
amount shown in division (F)(1) of this section.
(2)
(2) Incinerators
Input capacity (pounds per hour) | Permit to install |
0 to 100 | $ 100 |
101 to 500 | 400 |
501 to 2000 | 750 |
2001 to 20,000 | 1000 |
more than 20,000 | 2500 |
(3)
(3)(a) Process
Process weight rate (pounds per hour) | Permit to install |
0 to 1000 | $ 200 |
1001 to 5000 | 400 |
5001 to 10,000 | 600 |
10,001 to 50,000 | 800 |
more than 50,000 | 1000 |
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed.
(b) Notwithstanding division (F)(3)(a) of this section,
any person issued a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code shall
pay the fees set forth in division (F)(3)(c) of this section for
a process used in any of the following industries, as identified
by the applicable four-digit standard industrial classification
code according to the Standard Industrial Classification Manual
published by the United States office of management and budget in
the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1411 Dimension stone;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
1446 Industrial sand;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees set forth in the following schedule apply to
the issuance of a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code for a
process identified in division (F)(3)(b) of this section:
Process weight rate (pounds per hour) | Permit to install |
0 to 10,000 | $200 |
10,001 to 50,000 | 300 |
50,001 to 100,000 | 400 |
100,001 to 200,000 | 500 |
200,001 to 400,000 | 600 |
400,001 or more | 700 |
(4)
(4) Storage tanks
Gallons (maximum useful capacity) | Permit to install |
0 to 20,000 | $100 |
20,001 to 40,000 | 150 |
40,001 to 100,000 | 200 |
100,001 to 250,000 | 250 |
250,001 to 500,000 | 350 |
500,001 to 1,000,000 | 500 |
1,000,001 or greater | 750 |
(5)
(5) Gasoline/fuel dispensing facilities
For each gasoline/fuel dispensing facility | Permit to install |
(includes all units at the facility) | $100 |
(6)
(6) Dry cleaning facilities
For each dry cleaning facility | Permit to install |
(includes all units at the facility) | $100 |
(7)
(7) Registration status
| Permit to install |
For each source covered by registration status | $75 |
(G) An owner or operator who is responsible for an
asbestos demolition or renovation project pursuant to rules
adopted under section 3704.03 of the Revised Code shall pay the
fees set forth in the following schedule:
Action
| Fee |
Each notification | $75 |
Asbestos removal | $3/unit |
Asbestos cleanup | $4/cubic yard |
For purposes of this division, "unit" means any combination of
linear feet or square feet equal to fifty.
(H) A person who is issued an extension of time for a
permit to install an air contaminant source pursuant to rules
adopted under division (F) of section 3704.03 of the Revised Code
shall pay a fee equal to one-half the fee originally assessed for
the permit to install under this section, except that the fee for
such an extension shall not exceed two hundred dollars.
(I) A person who is issued a modification to a permit to
install an air contaminant source pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay a fee equal to
one-half of the fee that would be assessed under this section to
obtain a permit to install the source. The fee assessed by this
division only applies to modifications that are initiated by the
owner or operator of the source and shall not exceed two thousand
dollars.
(J) Notwithstanding division (B) or (F) of this section, a
person who applies for or obtains a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the
Revised Code after the date actual construction of the source
began shall pay a fee for the permit to install that is equal to
twice the fee that otherwise would be assessed under the
applicable division unless the applicant received authorization
to begin construction under division (W) of section 3704.03 of
the Revised Code. This division only applies to sources for
which actual construction of the source begins on or after July
1, 1993. The imposition or payment of the fee established in
this division does not preclude the director from taking any
administrative or judicial enforcement action under this chapter,
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a
rule adopted under any of them, in connection with a violation of
rules adopted under division (F) of section 3704.03 of the
Revised Code.
As used in this division, "actual construction of the
source" means the initiation of physical on-site construction
activities in connection with improvements to the source that are
permanent in nature, including, without limitation, the
installation of building supports and foundations and the laying
of underground pipework.
(K) Fifty cents per ton of each fee assessed under
division (C) of this section on actual emissions from a source
and received by the environmental protection agency pursuant to
that division shall be deposited into the state treasury to the
credit of the small business assistance fund created in section
3706.19 of the Revised Code. The remainder of the moneys
received by the division pursuant to that division and moneys
received by the agency pursuant to divisions (D), (F), (G), (H),
(I), and (J) of this section shall be deposited in the state
treasury to the credit of the clean air fund created in section
3704.035 of the Revised Code.
(L)(1)(a) Except as otherwise provided in division
(L)(1)(b) or (c) of this section, a person issued a water
discharge permit or renewal of a water discharge permit pursuant
to Chapter 6111. of the Revised Code shall pay a fee based on
each point source to which the issuance is applicable in
accordance with the following schedule:
Design flow discharge (gallons per day) | Fee |
0 to 1000 | $ 0 |
1,001 to 5000 | 100 |
5,001 to 50,000 | 200 |
50,001 to 100,000 | 300 |
100,001 to 300,000 | 525 |
over 300,000 | 750 |
(b) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
that is applicable to coal mining operations regulated under
Chapter 1513. of the Revised Code shall be two hundred fifty
dollars per mine.
(c) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
for a public discharger identified by I in the third character of
the permittee's NPDES permit number shall not exceed seven
hundred fifty dollars.
(2) A person applying for a plan approval for a wastewater
treatment works pursuant to section 6111.44, 6111.45, or 6111.46
of the Revised Code shall pay a fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated
project cost through June 30, 2000, and one hundred dollars plus
two-tenths of one per cent of the estimated project cost on and
after July 1, 2000, except that the total fee shall not
exceed fifteen thousand dollars through June 30, 2000, and five
thousand dollars on and after July 1, 2000. The fee
shall be paid at the time the application is submitted.
(3) A person issued a modification of a water discharge
permit shall pay a fee equal to one-half the fee that otherwise
would be charged for a water discharge permit, except that the
fee for the modification shall not exceed four hundred dollars.
(4) A person who has entered into an agreement with the
director under section 6111.14 of the Revised Code shall pay an
administrative service fee for each plan submitted under that
section for approval that shall not exceed the minimum amount necessary to pay
administrative costs directly attributable to processing plan approvals. The
director annually shall calculate the fee and shall
notify all persons who have entered into agreements under that
section, or who have applied for agreements, of the amount of
the fee.
(5)(a)(i) Not later than January 30, 1998, and
January 30, 1999, a person holding an NPDES
discharge permit issued pursuant to Chapter 6111. of the Revised Code with an
average daily
discharge flow of five thousand gallons or more shall pay a
nonrefundable annual discharge fee. Any person who fails to pay
the fee at that time shall pay an additional amount that equals
ten per cent of the required annual discharge fee.
(ii) The billing year for the annual discharge fee
established in division (L)(4)(5)(a)(i)
of this section shall consist of a
twelve-month period beginning on the first day of
January of the year preceding
the date when the annual discharge fee is due. In the case of
an existing source that permanently ceases to discharge during a
billing year, the director shall reduce the annual discharge
fee, including the surcharge applicable to certain industrial
facilities pursuant to division (L)(4)(5)(c) of this
section, by one-twelfth for each full month during
the billing year that the source was not discharging, but only
if the person holding the NPDES discharge permit for the source
notifies the director in writing, not later than the first day of
October of the billing year, of
the circumstances causing the cessation of discharge.
(iii) The annual discharge fee established in
division (L)(4)(5)(a)(i) of this
section, except for the surcharge applicable to certain
industrial facilities pursuant to division
(L)(4)(5)(c) of this section, shall be based
upon the
average daily discharge flow in gallons per day calculated using first day of
May through thirty-first day of
October flow data for the period two years prior to the date on
which the fee is due. In the case of NPDES discharge
permits for
new sources, the fee operation shall
be calculated using the average daily design flow of the
facility until actual average daily discharge flow values are available for
the time period specified in division
(L)(4)(5)(a)(iii) of this section. The annual
discharge fee may be prorated for a new source as described in division
(L)(4)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger
shall pay the fee specified in the following schedule:
| Fee due by | |
Average daily | January 30, 1998, | |
discharge flow | and January 30, 1999 | |
5,000 to 49,999 | $ 180 | |
50,000 to 100,000 | 450 | |
100,001 to 250,000 | 900 | |
250,001 to 1,000,000 | 2,250 | |
1,000,001 to 5,000,000 | 4,500 | |
5,000,001 to 10,000,000 | 9,000 | |
10,000,001 to 20,000,000 | 13,500 | |
20,000,001 to 50,000,000 | 22,500 | |
50,000,001 to 100,000,000 | 36,000 | |
100,000,001 or more | 54,000 | |
Public dischargers owning or operating two or more publicly owned
treatment works serving the same political subdivision, as "treatment
works" is defined in section 6111.01 of the Revised Code, and that
serve
exclusively political subdivisions having a population of fewer than one
hundred thousand shall pay an annual discharge fee
under division (L)(5)(b) of this section that is
based on the combined average daily discharge flow of the treatment works.
(c) An NPDES permit holder that is an industrial
discharger, other than a coal mining operator identified by
P in the third character of the permittee's NPDES permit
number, shall pay the fee specified in the following schedule:
| Fee due by | |
Average daily | January 30, 1998, | |
discharge flow | and January 30, 1999 | |
5,000 to 49,999 | $ 180 | |
50,000 to 250,000 | 900 | |
250,001 to 1,000,000 | 2,250 | |
1,000,001 to 5,000,000 | 4,500 | |
5,000,001 to 10,000,000 | 6,750 | |
10,000,001 to 20,000,000 | 9,000 | |
20,000,001 to 100,000,000 | 10,800 | |
100,000,001 to 250,000,000 | 12,600 | |
250,000,001 or more | 14,400 | |
In addition to the fee specified in the above schedule, an
NPDES permit holder that is an industrial discharger classified as a
major discharger during all or part of the annual discharge fee billing
year specified in division (L)(4)(5)(a)(ii) of
this section shall pay a nonrefundable annual surcharge of six thousand
seven hundred fifty dollars not later than January 30,
1998, and not later than January 30, 1999. Any
person who fails to pay the
surcharge at that time shall pay an
additional amount that equals ten per cent of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this
section, a public discharger identified by I in the third
character of the permittee's NPDES permit number and an
industrial discharger identified by I, J, L, V, W, X, Y, or Z in
the third character of the permittee's NPDES permit
number shall pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than
January 30, 1998, and not later than January
30, 1999. Any person who fails to pay the fee at that
time shall pay an additional amount that equals ten per cent of
the required fee.
(6) The director shall transmit all moneys collected under
division (L) of this section to the treasurer of state for
deposit into the state treasury to the credit of the surface
water protection fund created in section 6111.038 of the Revised
Code.
(7) As used in division (L) of this section:
(a) "NPDES" means the federally approved national
pollutant discharge elimination system program for issuing,
modifying, revoking, reissuing, terminating, monitoring, and
enforcing permits and imposing and enforcing pretreatment
requirements under Chapter 6111. of the Revised Code and rules
adopted under it.
(b) "Public discharger" means any holder of an NPDES
permit identified by P in the second character of the NPDES
permit number assigned by the director.
(c) "Industrial discharger" means any holder of an NPDES
permit identified by I in the second character of the NPDES
permit number assigned by the director.
(d) "Major discharger" means any holder of an NPDES permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.
(M) Through June 30, 2000, a person applying for a license
or license renewal to operate a public water system under section
6109.21 of the Revised Code shall pay the appropriate fee
established under this division at the time of application to the
director. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
fee. The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
Fees required under this division shall be calculated and
paid in accordance with the following schedule:
(1) For the initial license required under division (A)(1)
of section 6109.21 of the Revised Code for any public water
system that is a community water system as defined in section
6109.01 of the Revised Code, and for each license renewal
required for such a system prior to January 31, 2000, the
fee is:
Number of service connections |
Fee amount
|
Not more than 49 | $ 56 |
50 to 99 | 88 |
Number of service connections | Average cost per connection |
100 to 2,499 | $ .96 |
2,500 to 4,999 | .92 |
5,000 to 7,499 | .88 |
7,500 to 9,999 | .84 |
10,000 to 14,999 | .80 |
15,000 to 24,999 | .76 |
25,000 to 49,999 | .72 |
50,000 to 99,999 | .68 |
100,000 to 149,999 | .64 |
150,000 to 199,999 | .60 |
200,000 or more | .56 |
A public water system may determine how it will pay the
total amount of the fee calculated under division (M)(1) of this
section, including the assessment of additional user fees that
may be assessed on a volumetric basis.
As used in division (M)(1) of this section, "service
connection" means the number of active or inactive pipes,
goosenecks, pigtails, and any other fittings connecting a water
main to any building outlet.
(2) For the initial license required under division (A)(2)
of section 6109.21 of the Revised Code for any public water
system that is not a community water system and serves a
nontransient population, and for each license renewal required
for such a system prior to January 31, 2000, the fee is:
Population served |
Fee amount
|
Fewer than 150 | $ 56 |
150 to 299 | 88 |
300 to 749 | 192 |
750 to 1,499 | 392 |
1,500 to 2,999 | 792 |
3,000 to 7,499 | 1,760 |
7,500 to 14,999 | 3,800 |
15,000 to 22,499 | 6,240 |
22,500 to 29,999 | 8,576 |
30,000 or more | 11,600 |
As used in division (M)(2) of this section, "population
served" means the total number of individuals receiving water
from the water supply during a twenty-four-hour period for at
least sixty days during any calendar year. In the absence of a
specific population count, that number shall be calculated at the
rate of three individuals per service connection.
(3) For the initial license required under division (A)(3)
of section 6109.21 of the Revised Code for any public water
system that is not a community water system and serves a
transient population, and for each license renewal required for such a
system prior to January 31, 2000, the fee is:
Number of wells supplying system | Fee amount |
System supplied by surface springs or dug wells | 792 |
As used in division (M)(3) of this section, "number of
wells supplying system" means those wells that are physically
connected to the plumbing system serving the public water system.
(N)(1) A person applying for a plan approval for a public
water supply system under section 6109.07 of the Revised Code
shall pay a fee of one hundred dollars plus two-tenths of one per
cent of the estimated project cost, except that the total fee
shall not exceed fifteen thousand dollars through June 30,
2000, and five thousand dollars on and after July 1, 2000. The fee
shall be paid at the time the application is submitted.
(2) A person who has entered into an agreement with the director under
division (A)(2) of section 6109.07 of the Revised Code shall pay an
administrative service fee for each plan submitted under that section for
approval that shall not exceed the minimum amount necessary to pay
administrative costs directly attributable to processing plan approvals. The
director annually shall calculate the fee and shall notify all persons
that WHO
have entered into agreements under that division, or who have applied for
agreements, of the amount of the fee.
(3) Through June 30, 2000, the following fee, on a per survey
basis, shall be charged any person for services rendered by the
state in the evaluation of laboratories and laboratory personnel
for compliance with accepted analytical techniques and procedures
established pursuant to Chapter 6109. of the Revised Code for
determining the qualitative characteristics of water:
microbiological | $1,650 |
organic chemical | 3,500 |
inorganic chemical | 3,500 |
standard chemistry | 1,800 |
limited chemistry | 1,000 |
On and after July 1, 2000, the following fee, on a per
survey basis, shall be charged any such person:
microbiological | $250 |
chemical/radiological | 250 |
nitrate/turbidity (only) | 150 |
The fee for those services shall be paid at the time the request
for the survey is made. Through June 30, 2000, an
individual
laboratory shall not be assessed a fee under this division more
than once in any three-year period.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(O) Any person applying to the director for examination
for certification as an operator of a water supply system or
wastewater system under Chapter 6109. or 6111. of the Revised
Code, at the time the application is submitted, shall pay an
application fee of twenty-five dollars through June 30,
2000,
and ten dollars on and after July 1, 2000. Upon approval
from the director that the applicant is eligible to take the
examination therefor, the
applicant shall pay a fee in accordance with the following
schedule through June 30, 2000:
Class I operator | $45 |
Class II operator | 55 |
Class III operator | 65 |
Class IV operator | 75 |
On and after July 1, 2000, the applicant shall pay a fee
in accordance with the following schedule:
Class I operator | $25 |
Class II operator | 35 |
Class III operator | 45 |
Class IV operator | 55 |
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking water
protection fund created in section 6109.30 of the Revised
Code.
(P) Through June 30, 2000, any person submitting an
application for an industrial water pollution control certificate
under section 6111.31 of the Revised Code shall pay a
nonrefundable fee of five hundred dollars at the time the
application is submitted. The director shall transmit all moneys
collected under this division to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code. A person paying a certificate fee
under this division shall not pay an application fee under
division (S)(1) of this section.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic yards of disposal or treatment capacity, or one thousand
dollars, whichever is greater, except that the total fee for any
such permit shall not exceed eighty thousand dollars. A person
issued a modification of a permit for a solid waste disposal
facility or an infectious waste treatment facility that does not
involve an increase in the total disposal or treatment capacity
of the facility shall pay a fee of one thousand dollars. A
person issued a permit to install a new, or modify an existing,
solid waste transfer facility under that chapter shall pay a fee
of two thousand five hundred dollars. A person issued a permit
to install a new or to modify an existing solid waste
incineration or composting facility, or an existing infectious
waste treatment facility using incineration as its principal
method of treatment, under that chapter shall pay a fee of one
thousand dollars. The increases in the permit fees under this
division resulting from the amendments made by Amended Substitute
House Bill NO. 592 of the 117th general assembly do not apply
to any
person who submitted an application for a permit to install a
new, or modify an existing, solid waste disposal facility under
that chapter prior to September 1, 1987; any such person shall
pay the permit fee established in this division as it existed
prior to June 24, 1988. In addition to the applicable permit fee
under this division, a person issued a permit to install or
modify a solid waste facility or an infectious waste treatment
facility under that chapter who fails to pay the permit fee to
the director in compliance with division (V) of this section
shall pay an additional ten per cent of the amount of the fee for
each week that the permit fee is late.
Permit and late payment fees paid to the director under
this division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap tire collection facility under section 3734.75 of the
Revised Code shall pay a fee of two hundred dollars, except that
if the facility is owned or operated by a motor vehicle salvage
dealer licensed under Chapter 4738. of the Revised Code, the
person shall pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee of one thousand dollars, except that if the facility is owned
or operated by a motor vehicle salvage dealer licensed under
Chapter 4738. of the Revised Code, the person shall pay a fee of
fifty dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee of one thousand dollars.
(7) In addition to the applicable registration certificate
or permit fee under divisions (R)(1) to (6) of this section, a
person issued a registration certificate or permit for any such
scrap tire facility who fails to pay the registration certificate
or permit fee to the director in compliance with division (V) of
this section shall pay an additional ten per cent of the amount
of the fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code shall pay a nonrefundable fee of fifteen dollars at the time
the application is submitted, and any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
2000, and a nonrefundable fee of fifteen dollars at the
time the application is submitted on and after July 1,
2000.
The director shall transmit all moneys collected under division (S)(1) of this
section pursuant to Chapter 6109. of the Revised Code to the
treasurer of state for deposit into the drinking water protection
fund created in section 6109.30 of the Revised Code.
The director shall transmit all moneys collected under division (S)(1) of this
section pursuant to Chapter 6111. of the Revised Code to the
treasurer of state for deposit into the surface water protection
fund created in section 6111.038 of the Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and
holders of any license, permit, variance, plan approval, or
certification required or authorized by Chapter 3704., 3734.,
6109., or 6111. of the Revised Code that are not specifically
established in this section. The fees shall be designed to
defray the cost of processing, issuing, revoking, modifying,
denying, and enforcing the licenses, permits, variances, plan
approvals, and certifications.
The director shall transmit all moneys collected under
rules adopted under division (T)(1) of this section pursuant to
Chapter 6109. of the Revised Code to the treasurer of state for
deposit into the drinking water protection fund created in
section 6109.30 of the Revised Code.
The director shall transmit all moneys collected under
rules adopted under division (T)(1) of this section pursuant to
Chapter 6111. of the Revised Code to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part
thereof, otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers
necessary to carry out this section.
(U) When the director reasonably demonstrates that the
direct cost to the state associated with the issuance of a permit
to install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of
this section or unless otherwise prescribed by a rule of the
director adopted pursuant to Chapter 119. of the Revised Code,
all fees required by this section are payable within thirty days
after the issuance of an invoice for the fee by the director or
the effective date of the issuance of the license, permit,
variance, plan approval, or certification. If payment is late,
the person responsible for payment of the fee shall pay an
additional ten per cent of the amount due for each month that it
is late.
(W) As used in this section, "fuel-burning equipment,"
"fuel-burning equipment input capacity," "incinerator,"
"incinerator input capacity," "process," "process weight rate,"
"storage tank," "gasoline dispensing facility," "dry cleaning
facility," "design flow discharge," and "new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H),
(I), and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1) "Facility," "federal Clean Air Act," "person," and
"Title V permit" have the same meanings as in section 3704.01 of
the Revised Code.
(2) "Title V permit program" means the following
activities as necessary to meet the requirements of Title V of
the federal Clean Air Act and 40 C.F.R. part 70, including at
least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the
processing of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program
and implementing and enforcing the terms of any Title V permit,
not including any court actions or other formal enforcement
actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small
business stationary sources to determine and meet their
obligations under the federal Clean Air Act pursuant to the small
business stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
(Y)(1) EXCEPT AS PROVIDED IN DIVISIONS
(Y)(2),
(3), AND
(4) OF THIS SECTION, EACH
SEWAGE SLUDGE FACILITY SHALL PAY A NONREFUNDABLE ANNUAL SLUDGE
FEE EQUAL TO THREE DOLLARS AND FIFTY CENTS PER DRY TON OF SEWAGE
SLUDGE THAT THE SEWAGE SLUDGE FACILITY TREATS OR DISPOSES OF IN
THIS STATE. THE ANNUAL VOLUME OF SEWAGE SLUDGE TREATED OR
DISPOSED OF BY A SEWAGE SLUDGE FACILITY SHALL BE CALCULATED
USING THE FIRST DAY OF JANUARY
THROUGH THE THIRTY-FIRST DAY OF
DECEMBER OF THE CALENDAR YEAR
PRECEDING THE DATE ON WHICH PAYMENT OF THE FEE IS DUE.
(2)(a) EACH SEWAGE SLUDGE FACILITY THAT GENERATES SEWAGE SLUDGE AND IS
REQUIRED TO PAY AN ANNUAL DISCHARGE FEE UNDER DIVISION
(L)(5)(a)OF THIS SECTION AND EACH ENTITY THAT
TREATS
SEWAGE
SLUDGE SHALL PAY A MINUMUM ANNUAL SEWAGE SLUDGE FEE OF ONE HUNDRED DOLLARS.
(b) THE ANNUAL SLUDGE FEE REQUIRED TO
BE PAID BY A SEWAGE SLUDGE FACILITY THAT TREATS OR DISPOSES OF
EXCEPTIONAL QUALITY SLUDGE IN THIS STATE SHALL BE THIRTY-FIVE
PER CENT LESS PER DRY TON OF EXCEPTIONAL QUALITY SLUDGE THAN THE
FEE ASSESSED UNDER DIVISION
(Y)(1) OF THIS SECTION, SUBJECT
TO THE FOLLOWING EXCEPTIONS:
(i) A SEWAGE SLUDGE FACILITY THAT TREATS EXCEPTIONAL QUALITY
SLUDGE SHALL PAY A MINIMUM ANNUAL SEWAGE SLUDGE FEE OF ONE HUNDRED
DOLLARS.
(ii) A SEWAGE SLUDGE FACILITY THAT
TREATS OR DISPOSES OF EXCEPTIONAL QUALITY SLUDGE SHALL NOT BE
REQUIRED TO PAY THE ANNUAL SLUDGE FEE FOR TREATMENT OR DISPOSAL
IN THIS STATE OF EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF
THIS STATE AND CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER
THAN ONE HUNDRED POUNDS IN CAPACITY.
DIVISION (Y)(2)(b)OF THIS SECTION APPLIES TO
THE
MAXIMUM ANNUAL FEES ESTABLISHED UNDER DIVISION (Y)(3) OF THIS
SECTION.
(c) A SEWAGE SLUDGE FACILITY THAT
TRANSFERS SEWAGE SLUDGE TO A TREATMENT WORKS IN THIS STATE, AS
"TREATMENT WORKS" IS DEFINED IN SECTION 6111.01 OF THE
REVISED
CODE, OR TO ANOTHER SEWAGE
SLUDGE FACILITY IN THIS STATE FOR FURTHER TREATMENT PRIOR TO
DISPOSAL IN THIS STATE SHALL NOT BE REQUIRED TO PAY THE ANNUAL
SLUDGE FEE FOR THE TONS OF SEWAGE SLUDGE THAT HAVE BEEN
TRANSFERRED. IN SUCH A CASE, THE TREATMENT WORKS OR SEWAGE
SLUDGE FACILITY THAT DISPOSES OF THE SEWAGE SLUDGE SHALL PAY THE
ANNUAL SLUDGE FEE. HOWEVER, THE FACILITY TRANSFERRING THE SEWAGE SLUDGE SHALL
PAY THE ONE-HUNDRED-DOLLAR MINIMUM FEE REQUIRED UNDER DIVISION
(Y)(2)(a)OF THIS SECTION.
IN THE CASE OF A SEWAGE SLUDGE FACILITY THAT TREATS SEWAGE
SLUDGE IN THIS STATE AND TRANSFERS IT OUT OF THIS STATE TO
ANOTHER ENTITY FOR DISPOSAL, THE SEWAGE SLUDGE FACILITY IN THIS
STATE SHALL BE REQUIRED TO PAY THE ANNUAL SLUDGE FEE FOR THE
TONS OF SEWAGE SLUDGE THAT HAVE BEEN TRANSFERRED.
(d) A SEWAGE SLUDGE FACILITY THAT GENERATES SEWAGE SLUDGE AND
THAT IS NOT REQUIRED TO PAY AN ANNUAL DISCHARGE FEE UNDER DIVISION
(L)(5)(a)OF THIS SECTION IS NOT SUBJECT TO THE FEE
ASSESSED UNDER DIVISION (Y)(1) OF THIS SECTION.
(3) NO SEWAGE SLUDGE FACILITY REQUIRED TO PAY THE ANNUAL
SLUDGE FEE SHALL BE REQUIRED TO PAY MORE THAN THE MAXIMUM ANNUAL
FEE FOR EACH DISPOSAL METHOD THAT THE SEWAGE SLUDGE FACILITY
USES. THE MAXIMUM ANNUAL FEE DOES NOT INCLUDE THE ADDITIONAL
AMOUNT THAT MAY BE CHARGED UNDER DIVISION
(Y)(5) OF THIS SECTION FOR LATE
PAYMENT OF THE ANNUAL SLUDGE FEE. THE MAXIMUM ANNUAL FEE FOR
THE FOLLOWING METHODS OF DISPOSAL OF SEWAGE SLUDGE IS AS
FOLLOWS:
(a) INCINERATION: FIVE THOUSAND
DOLLARS;
(b) DISPOSAL IN A LANDFILL: FIVE
THOUSAND DOLLARS;
(c) LAND APPLICATION, LAND
RECLAMATION, SURFACE DISPOSAL, OR ANY OTHER DISPOSAL METHOD NOT
SPECIFIED IN DIVISION
(Y)(3)(a)
OR (b) OF THIS SECTION: TWENTY THOUSAND
DOLLARS.
(4)(a) IN THE CASE OF AN ENTITY THAT
GENERATES SEWAGE SLUDGE OR A SEWAGE SLUDGE FACILITY THAT TREATS
SEWAGE SLUDGE AND TRANSFERS THE SEWAGE SLUDGE TO AN INCINERATION
FACILITY FOR DISPOSAL, THE INCINERATION FACILITY, AND NOT THE
ENTITY GENERATING THE SEWAGE SLUDGE OR THE SEWAGE SLUDGE
FACILITY TREATING THE SEWAGE SLUDGE, SHALL PAY THE ANNUAL SLUDGE
FEE FOR THE TONS OF SEWAGE SLUDGE THAT ARE TRANSFERRED. HOWEVER, THE ENTITY
OF FACILITY GENERATING OR TREATING THE SEWAGE SLUDGE SHALL PAY THE
ONE-HUNDRED-DOLLAR MINIMUM FEE REQUIRED UNDER DIVISION
(Y)(2)(a)OF THIS SECTION.
(b) IN THE CASE OF AN ENTITY THAT
GENERATES SEWAGE SLUDGE OR A SEWAGE SLUDGE FACILITY THAT TREATS
SEWAGE SLUDGE AND TRANSFERS THE SEWAGE SLUDGE TO A LANDFILL FOR
DISPOSAL, THE ENTITY GENERATING THE SEWAGE SLUDGE OR THE SEWAGE
SLUDGE FACILITY TREATING THE SEWAGE SLUDGE, AND NOT THE
LANDFILL, SHALL PAY THE ANNUAL SLUDGE FEE FOR THE TONS OF SEWAGE
SLUDGE THAT ARE TRANSFERRED.
(5) NOT LATER THAN THE FIRST DAY OF APRIL
OF THE CALENDAR YEAR FOLLOWING THE EFFECTIVE DATE OF THIS
AMENDMENT AND EACH FIRST DAY OF APRIL
THEREAFTER, THE DIRECTOR SHALL ISSUE INVOICES TO PERSONS WHO ARE
REQUIRED TO PAY THE ANNUAL SLUDGE FEE. THE INVOICE SHALL
IDENTIFY THE NATURE AND AMOUNT OF THE ANNUAL SLUDGE FEE ASSESSED
AND STATE THE FIRST DAY OF MAY AS THE DEADLINE
FOR 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 FEE.
NOT LATER THAN THE FIRST DAY OF MAY
FOLLOWING RECEIPT OF AN INVOICE, A PERSON REQUIRED TO PAY THE
ANNUAL SLUDGE FEE MAY SUBMIT OBJECTIONS TO THE DIRECTOR
CONCERNING THE ACCURACY OF INFORMATION REGARDING THE NUMBER OF
DRY TONS OF SEWAGE SLUDGE USED TO CALCULATE THE AMOUNT OF THE
ANNUAL SLUDGE FEE OR REGARDING WHETHER THE SEWAGE SLUDGE
QUALIFIES FOR THE EXCEPTIONAL QUALITY SLUDGE DISCOUNT ESTABLISHED IN
DIVISION
(Y)(2)(b)
OF THIS SECTION. THE DIRECTOR MAY CONSIDER THE OBJECTIONS AND
ADJUST THE AMOUNT OF THE FEE TO ENSURE THAT IT IS ACCURATE.
IF THE DIRECTOR DOES NOT ADJUST THE AMOUNT OF THE ANNUAL
SLUDGE FEE IN RESPONSE TO A PERSON'S OBJECTIONS, THE PERSON MAY
APPEAL THE DIRECTOR'S DETERMINATION IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE.
NOT LATER THAN THE FIRST DAY OF JUNE,
THE DIRECTOR SHALL NOTIFY THE OBJECTING PERSON REGARDING WHETHER
THE DIRECTOR HAS FOUND THE OBJECTIONS TO BE VALID AND THE
REASONS FOR THE FINDING. IF THE DIRECTOR FINDS THE OBJECTIONS
TO BE VALID AND ADJUSTS THE AMOUNT OF THE ANNUAL SLUDGE FEE
ACCORDINGLY, THE DIRECTOR SHALL ISSUE WITH THE NOTIFICATION A
NEW INVOICE TO THE PERSON IDENTIFYING THE AMOUNT OF THE ANNUAL
SLUDGE FEE ASSESSED AND STATING THE
FIRST DAY OF JULY AS THE DEADLINE FOR
PAYMENT.
NOT LATER THAN THE FIRST DAY OF JULY,
ANY PERSON WHO IS REQUIRED TO DO SO SHALL PAY THE ANNUAL SLUDGE FEE.
ANY PERSON WHO IS REQUIRED TO PAY THE FEE, BUT WHO FAILS TO
DO SO ON OR BEFORE THAT DATE SHALL PAY AN ADDITIONAL AMOUNT THAT
EQUALS TEN PER CENT OF THE REQUIRED ANNUAL SLUDGE FEE.
(6) THE DIRECTOR SHALL TRANSMIT ALL MONEYS COLLECTED
UNDER DIVISION (Y) OF THIS
SECTION TO THE TREASURER OF STATE FOR DEPOSIT INTO THE SURFACE
WATER PROTECTION FUND CREATED IN SECTION 6111.038 OF THE
REVISED
CODE. THE MONEYS SHALL BE USED
TO DEFRAY THE COSTS OF ADMINISTERING AND ENFORCING PROVISIONS IN
CHAPTER 6111. OF THE
REVISED
CODE AND RULES ADOPTED UNDER IT
THAT GOVERN THE USE, STORAGE, TREATMENT, OR DISPOSAL OF SEWAGE
SLUDGE.
(7) AS USED IN DIVISION
(Y) OF THIS SECTION:
(a) "SEWAGE SLUDGE FACILITY" MEANS AN
ENTITY THAT PERFORMS TREATMENT ON OR IS RESPONSIBLE FOR THE
DISPOSAL OF SEWAGE SLUDGE.
(b) "SEWAGE SLUDGE" MEANS A SOLID,
SEMI-SOLID, OR LIQUID RESIDUE GENERATED DURING THE TREATMENT OF
DOMESTIC SEWAGE IN A TREATMENT WORKS AS DEFINED IN SECTION
6111.01 OF THE REVISED
CODE. "SEWAGE SLUDGE"
INCLUDES, BUT IS NOT LIMITED TO, SCUM OR SOLIDS REMOVED IN
PRIMARY, SECONDARY, OR ADVANCED WASTEWATER TREATMENT PROCESSES
AND A MATERIAL DERIVED FROM SEWAGE SLUDGE. "SEWAGE SLUDGE" DOES
NOT INCLUDE ASH GENERATED DURING THE FIRING OF SEWAGE SLUDGE IN
A SEWAGE SLUDGE INCINERATOR, GRIT AND SCREENINGS GENERATED
DURING PRELIMINARY TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT
WORKS, ANIMAL MANURE, OR RESIDUE GENERATED DURING TREATMENT OF ANIMAL
MANURE.
(c) "EXCEPTIONAL QUALITY SLUDGE"
MEANS SEWAGE SLUDGE THAT MEETS ALL OF THE FOLLOWING
QUALIFICATIONS:
(i) SATISFIES THE CLASS
A PATHOGEN STANDARDS IN 40
C.F.R.
503.32(a);
(ii) SATISFIES ONE OF THE VECTOR
ATTRACTION REDUCTION REQUIREMENTS IN 40
C.F.R.
503.33(b)(1) TO
(b)(8);
(iii) DOES NOT EXCEED THE CEILING
CONCENTRATION LIMITATIONS FOR METALS LISTED IN TABLE ONE OF 40
C.F.R.
503.13;
(iv) DOES NOT EXCEED THE
CONCENTRATION LIMITATIONS FOR METALS LISTED IN TABLE THREE OF 40
C.F.R.
503.13.
(d) "TREATMENT" MEANS THE PREPARATION
OF SEWAGE SLUDGE FOR FINAL USE OR DISPOSAL AND INCLUDES, BUT IS
NOT LIMITED TO, THICKENING, STABILIZATION, AND DEWATERING OF
SEWAGE SLUDGE.
(e) "DISPOSAL" MEANS THE FINAL USE OF
SEWAGE SLUDGE, INCLUDING, BUT NOT LIMITED TO, LAND APPLICATION,
LAND RECLAMATION, SURFACE DISPOSAL, OR DISPOSAL IN A LANDFILL OR
AN INCINERATOR.
(f) "LAND APPLICATION" MEANS THE
SPRAYING OR SPREADING OF SEWAGE SLUDGE ONTO THE LAND SURFACE,
THE INJECTION OF SEWAGE SLUDGE BELOW THE LAND SURFACE, OR THE
INCORPORATION OF SEWAGE SLUDGE INTO THE SOIL FOR THE PURPOSES OF
CONDITIONING THE SOIL OR FERTILIZING CROPS OR VEGETATION GROWN
IN THE SOIL.
(g) "LAND RECLAMATION" MEANS THE
RETURNING OF DISTURBED LAND TO PRODUCTIVE USE.
(h) "SURFACE DISPOSAL" MEANS THE
PLACEMENT OF SLUDGE ON AN AREA OF LAND FOR DISPOSAL,
INCLUDING, BUT NOT LIMITED TO, MONOFILLS, SURFACE IMPOUNDMENTS,
LAGOONS, WASTE PILES, OR DEDICATED DISPOSAL SITES.
(i) "INCINERATOR" MEANS AN ENTITY
THAT DISPOSES OF SEWAGE SLUDGE THROUGH THE COMBUSTION OF ORGANIC
MATTER AND INORGANIC MATTER IN SEWAGE SLUDGE BY HIGH
TEMPERATURES IN AN ENCLOSED DEVICE.
(j) "INCINERATION FACILITY" INCLUDES
ALL INCINERATORS OWNED OR OPERATED BY THE SAME ENTITY AND
LOCATED ON A CONTIGUOUS TRACT OF LAND. AREAS OF LAND ARE
CONSIDERED TO BE CONTIGUOUS EVEN IF THEY ARE SEPARATED BY A
PUBLIC ROAD OR HIGHWAY.
(k) "ANNUAL SLUDGE FEE" MEANS THE FEE
ASSESSED UNDER DIVISION (Y)(1)
OF THIS SECTION.
Sec. 6111.01. As used in Chapter 6111. of the Revised
Code THIS CHAPTER:
(A) "Pollution" means the placing of any sewage,
SLUDGE, SLUDGE MATERIALS, industrial waste, or other wastes in
any waters of the state.
(B) "Sewage" means any liquid waste containing SLUDGE, SLUDGE
MATERIALS, OR animal or
vegetable matter in suspension or solution,
and may include
household wastes as commonly discharged from residences and from
commercial, institutional, or similar facilities.
(C) "Industrial waste" means any liquid, gaseous, or solid
waste substance resulting from any process of industry,
manufacture, trade, or business, or from the development,
processing, or recovery of any natural resource, together with
such sewage as is present.
(D) "Other wastes" means garbage, refuse, decayed wood,
sawdust, shavings, bark, and other wood debris, lime, sand,
ashes, offal, night soil, oil, tar, coal dust, dredged or fill
material, or silt, other substances that are not sewage,
SLUDGE, SLUDGE MATERIALS, or industrial waste, and any other
"pollutants" or
"toxic
pollutants" as defined in the "Federal Water Pollution Control
Act" that are not sewage, SLUDGE, SLUDGE
MATERIALS, or industrial waste.
(E) "Sewerage system" means pipelines or conduits, pumping
stations, and force mains, and all other constructions, devices,
appurtenances, and facilities used for collecting or conducting
water-borne sewage, industrial waste, or other wastes to a point
of disposal or treatment, but does not include plumbing fixtures,
building drains and subdrains, building sewers, and building
storm sewers.
(F) "Treatment works" means any plant, disposal field,
lagoon, dam, pumping station, building sewer connected directly
to treatment works, incinerator, or other works used for the
purpose of treating, stabilizing, BLENDING, COMPOSTING, or
holding sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or
other wastes,
except as otherwise defined.
(G) "Disposal system" means a system for disposing of
sewage, SLUDGE, SLUDGE MATERIALS, industrial waste, or other
wastes, and includes
sewerage
systems and treatment works.
(H) "Waters of the state" means all streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulations
of water, surface and underground, natural or artificial,
regardless of the depth of the strata in which underground water
is located, which THAT are situated wholly or partly within, or
border
upon, this state, or are within its jurisdiction, except those
private waters which THAT do not combine or effect a junction
with
natural surface or underground waters.
(I) "Person" means the state, any municipal corporation, OR
OTHER
political subdivision of the state, person as defined in section
1.59 of the Revised Code, AN interstate body created by compact, or
the federal government or any department, agency, or
instrumentality thereof.
(J) "Industrial water pollution control facility" means
any disposal system or any treatment works, pretreatment works,
appliance, equipment, machinery, pipeline or conduit, pumping
station, force main, or installation constructed, used, or placed
in operation primarily for the purpose of collecting or
conducting industrial waste to a point of disposal or treatment;
reducing, controlling, or eliminating water pollution caused by
industrial waste; or for reducing, controlling, or eliminating
the discharge into a disposal system of industrial waste or what
would be industrial waste if discharged into the waters of the
state.
(K) "Schedule of compliance" means a schedule of remedial
measures including an enforceable sequence of actions or
operations leading to compliance with standards and rules adopted
under sections 6111.041 and 6111.042 of the Revised Code or
compliance with terms and conditions of permits set under
division (J) of section 6111.03 of the Revised Code.
(L) "Federal Water Pollution Control Act" means the
"Federal Water Pollution Control Act Amendments of 1972," 86
Stat. 886, 33 U.S.C.A. 1251, as amended by the "Clean Water Act
of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, AND ALL OTHER
AMENDMENTS TO THAT ACT.
(M) "SLUDGE" MEANS A
SOLID, SEMI-SOLID, OR LIQUID RESIDUE GENERATED DURING THE
TREATMENT OF DOMESTIC SEWAGE IN A TREATMENT WORKS AND INCLUDES A
SOLID, SEMI-SOLID, OR LIQUID RESIDUE THAT IS GENERATED FROM AN
INDUSTRIAL WASTEWATER TREATMENT PROCESS AND THAT MAY BE APPLIED
TO LAND FOR AGRONOMIC BENEFIT. "SLUDGE" DOES NOT INCLUDE ASH
GENERATED DURING THE FIRING OF SLUDGE IN A SLUDGE INCINERATOR,
GRIT AND SCREENING GENERATED DURING PRELIMINARY TREATMENT OF
SEWAGE IN A TREATMENT WORKS, ANIMAL MANURE, OR RESIDUE GENERATED DURING
TREATMENT
OF ANIMAL MANURE.
(N) "SLUDGE MATERIALS"
MEANS SOLID, SEMI-SOLID, OR LIQUID MATERIALS DERIVED FROM
SLUDGE AND INCLUDES PRODUCTS FROM A TREATMENT WORKS THAT RESULT FROM THE
TREATMENT, BLENDING, OR COMPOSTING OF SLUDGE.
(O) "STORAGE OF SLUDGE"
MEANS THE PLACEMENT OF SLUDGE ON LAND ON WHICH THE SLUDGE
REMAINS FOR NOT LONGER THAN TWO YEARS, BUT DOES NOT INCLUDE THE
PLACEMENT OF SLUDGE ON LAND FOR TREATMENT.
(P) "SLUDGE DISPOSAL
PROGRAM" MEANS ANY PROGRAM USED BY AN ENTITY THAT BEGINS WITH THE
GENERATION OF SLUDGE AND INCLUDES TREATMENT OR
DISPOSAL OF THE SLUDGE, AS "TREATMENT" AND "DISPOSAL" ARE DEFINED IN DIVISION
(Y) OF SECTION 3745.11 of the Revised Code.
(Q) "AGRONOMIC BENEFIT"
MEANS ANY PROCESS THAT PROMOTES OR ENHANCES PLANT GROWTH AND
INCLUDES, BUT IS NOT LIMITED TO, A PROCESS THAT INCREASES SOIL
FERTILITY AND MOISTURE RETENTION.
(R) "SLUDGE MANAGEMENT"
MEANS THE USE, STORAGE, TREATMENT, OR DISPOSAL OF, AND
MANAGEMENT PRACTICES RELATED TO, SLUDGE AND SLUDGE
MATERIALS.
(S) "SLUDGE MANAGEMENT
PERMIT" MEANS A PERMIT FOR
SLUDGE MANAGEMENT THAT IS ISSUED UNDER
DIVISION (J) OF SECTION 6111.03
OF THE REVISED CODE.
Sec. 6111.03. The director of environmental protection
may do any of the following:
(A) Develop plans and programs for the prevention,
control, and abatement of new or existing pollution of the waters
of the state;
(B) Advise, consult, and cooperate with other agencies of
the state, the federal government, other states, and interstate
agencies and with affected groups, political subdivisions, and
industries in furtherance of the purposes of this chapter. Before adopting,
amending, or rescinding a standard or rule
pursuant to division (G) of this section or section 6111.041
or 6111.042 of the Revised Code, the director shall do all of the following:
(1) Mail notice to each statewide organization that he THE
DIRECTOR determines represents persons who would be affected by the
proposed standard or rule, amendment thereto, or rescission thereof
at least thirty-five days before any public hearing thereon;
(2) Mail a copy of each proposed standard or rule,
amendment thereto, or rescission thereof to any person who requests a
copy, within five days after receipt of the request therefor;
(3) Consult with appropriate state and local government
agencies or their representatives, including statewide
organizations of local government officials, industrial
representatives, and other interested persons.
Although the director is expected to diligently discharge
these duties DILIGENTLY, failure to mail any such notice or copy or to
so
consult with any person shall not invalidate any proceeding or
action of the director.
(C) Administer grants from the federal government and from
other sources, public or private, for carrying out any of its
functions, all such moneys to be deposited in the state treasury
and kept by the treasurer of state in a separate fund subject to
the lawful orders of the director;
(D) Administer state grants for the construction of sewage
and waste collection and treatment works;
(E) Encourage, participate in, or conduct studies,
investigations, research, and demonstrations relating to water
pollution, and the causes, prevention, control, and abatement
thereof, as is THAT ARE advisable and necessary for the
discharge of his
duties under this chapter;
(F) Collect and disseminate information relating to water
pollution and prevention, control, and abatement thereof;
(G) Adopt, amend, and rescind rules in accordance with
Chapter 119. of the Revised Code governing the procedure for
hearings, the filing of reports, the issuance of permits, the
issuance of industrial water pollution control certificates, and
all other matters relating to procedure;
(H) Issue, modify, or revoke orders to prevent, control,
or abate water pollution BY SUCH MEANS as follows THE
FOLLOWING:
(1) Prohibiting or abating discharges of sewage,
industrial waste, or other wastes into the waters of the state;
(2) Requiring the construction of new disposal systems or
any parts thereof, or the modification, extension, or alteration
of existing disposal systems or any parts thereof;
(3) Prohibiting additional connections to or extensions of
a sewerage system when the connections or extensions would
result in an increase in the polluting properties of the effluent
from the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted
under section 6111.041 or 6111.042 SECTIONS 6111.01 TO
6111.05 of the Revised Code,
or term
or condition of a permit.
In the making of those orders, wherever compliance with a
rule adopted under section 6111.042 of the Revised Code is not
involved, consistent with the "Federal Water Pollution Control
Act," the director shall give consideration to, and base his
THE
determination on, evidence relating to the technical feasibility
and economic reasonableness of complying with those orders and to
evidence relating to conditions calculated to result from
compliance with those orders, and their relation to benefits to
the people of the state to be derived from such compliance in
accomplishing the purposes of this chapter.
(I) Review plans, specifications, or other data relative
to disposal systems or any part thereof in connection with the
issuance of orders, permits, and industrial water pollution
control certificates under this chapter;
(J) Issue, revoke, modify, or deny SLUDGE MANAGEMENT PERMITS AND
permits for
the
discharge of sewage, industrial waste, or other wastes into the
waters of the state, and for the installation or modification of
disposal systems or any parts thereof in compliance with all
requirements of the "Federal Water Pollution Control Act" and
mandatory regulations adopted thereunder, INCLUDING REGULATIONS ADOPTED
UNDER SECTION 405 OF THE FEDERAL WATER POLLUTION
CONTROL ACT, and set terms and
conditions of permits, including schedules of compliance, where
necessary. The terms and conditions shall be designed to achieve
and maintain full compliance with the national effluent
limitations, national standards of performance for new sources,
and national toxic and pretreatment effluent standards set under
that act, and any other mandatory requirements of that act that
are imposed by regulation of the administrator of the United
States environmental protection agency. An IF AN APPLICANT FOR A
SLUDGE MANAGEMENT PERMIT ALSO APPLIES FOR A RELATED PERMIT FOR THE DISCHARGE
OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTES INTO THE WATERS OF THE STATE, THE
DIRECTOR MAY COMBINE THE TWO PERMITS AND ISSUE ONE PERMIT TO THE APPLICANT.
AN application for a
permit or renewal thereof shall be denied if any of the following applies:
(1) The secretary of the army determines in writing that
anchorage or navigation would be substantially impaired thereby;
(2) The director determines that the proposed discharge or
source would conflict with an area wide AREAWIDE waste treatment
management plan adopted in accordance with section 208 of the
"Federal Water Pollution Control Act";
(3) The administrator of the United States environmental
protection agency objects in writing to the issuance or renewal
of the permit in accordance with section 402 (d) of the "Federal
Water Pollution Control Act";
(4) The application is for the discharge of any
radiological, chemical, or biological warfare agent, or
high-level radioactive waste into the waters of the United
States.
To achieve and maintain applicable standards of quality for
the waters of the state adopted pursuant to section 6111.041 of
the Revised Code, the director shall impose, where necessary and
appropriate, as conditions of each permit, water quality related
effluent limitations in accordance with sections 301, 302, 306,
and 307, AND 405 of the "Federal Water
Pollution
Control Act" and, to the
extent consistent with that act, shall give consideration to, and
base his THE determination on, evidence relating to the
technical feasibility and economic reasonableness of removing the polluting
properties from those wastes and to evidence relating to
conditions calculated to result from that action and their
relation to benefits to the people of the state and to
accomplishment of the purposes of this chapter.
Where a discharge having a thermal component from a source
that is constructed or modified on or after October 18, 1972,
meets national or state effluent limitations or more stringent
permit conditions designed to achieve and maintain compliance
with applicable standards of quality for the waters of the state,
which limitations or conditions will ensure protection and
propagation of a balanced, indigenous population of shellfish,
fish, and wildlife in or on the body of water into which the
discharge is made, taking into account the interaction of the
thermal component with sewage, industrial waste, or other wastes,
the director shall not impose any more stringent limitation on
the thermal component of the discharge, as a condition of a
permit or renewal thereof for the discharge, during a ten-year
period beginning on the date of completion of the construction or
modification of the source, or during the period of depreciation
or amortization of the source for the purpose of section 167 or
169 of the Internal Revenue Code of 1954, whichever period ends
first.
The director shall specify in permits for the discharge of
sewage, industrial waste, and other wastes, the net volume, net
weight, duration, frequency, and, where necessary, concentration
of the sewage, industrial waste, and other wastes that may be
discharged into the waters of the state. The director shall
specify in those permits AND IN SLUDGE MANAGEMENT PERMITS that the
permit is conditioned upon
payment of applicable fees as required by section 3745.11 of the
Revised Code and upon the right of his THE DIRECTOR'S authorized
representatives to enter upon the premises of the person to whom the permit
has been issued for the purpose of determining compliance with this
chapter, rules adopted thereunder, or the terms and conditions of
a permit, order, or other determination. The director shall
issue or deny an application for a SLUDGE MANAGEMENT PERMIT OR A permit
for a new discharge,
for the installation or modification of a disposal system, or for
THE renewal of a permit, within one hundred eighty days of the date
on which he receives a complete application with all plans,
specifications, construction schedules, and other pertinent
information required by the director IS RECEIVED. The director may
condition
permits upon the installation of discharge or water quality
monitoring equipment or devices and the filing of such periodic
reports on the amounts and contents of discharges and the quality
of receiving waters as THAT the director prescribes. The
director
shall condition each permit for a government-owned disposal
system or any other publicly owned "treatment works" as defined
in the "Federal Water Pollution Control Act" upon the reporting
of new introductions of industrial waste or other wastes and
substantial changes in volume or character thereof being
introduced into those systems or works from "industrial users" as
defined in section 502 of that act, as necessary to comply with
section 402(b)(8) of that act; upon the identification of the
character and volume of pollutants subject to pretreatment
standards being introduced into the system or works; and upon the
existence of a program to ensure compliance with pretreatment
standards by "industrial users" of the system or works. In
requiring monitoring devices and reports, the director, to the
extent consistent with the "Federal Water Pollution Control
Act,"
shall give consideration to technical feasibility and economic
reasonableness and shall allow reasonable time for compliance. A
permit may be issued for a period not to exceed five years, and
may be renewed upon application for renewal and upon a finding
by the director that the permit holder is making satisfactory
progress toward the achievement of all applicable standards and
has complied with the terms and conditions of the existing
permit. A permit may be modified, suspended, or revoked for
cause, including, but not limited to, violation of any condition
of the permit, obtaining a permit by misrepresentation or failure
to disclose fully all relevant facts OF THE PERMITTED DISCHARGE OR OF THE
SLUDGE
USE, STORAGE, TREATMENT, OR DISPOSAL PRACTICE, or changes in any condition
that requires either a temporary or permanent reduction or
elimination of the permitted discharge ACTIVITY. No application
shall be
denied or permit revoked or modified without a written order
stating the findings upon which the denial, revocation, or
modification is based. A copy of the order shall be sent to the
applicant or permit holder by certified mail.
(K) Institute or cause to be instituted in any court of
competent jurisdiction proceedings to compel compliance with
this chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307, and
308, AND 405 of the "Federal Water Pollution
Control
Act";
(L) Issue, deny, revoke, or modify industrial water
pollution control certificates;
(M) Certify to the government of the United States or any
agency thereof that an industrial water pollution control facility is in
conformity with the state program or requirements for THE control of
water pollution whenever the certification may be required for a
taxpayer under the Internal Revenue Code of the United States, as
amended;
(N) Issue, modify, and revoke orders requiring any
"industrial user" of any publicly owned "treatment works" as
defined in sections 212(2) and 502(18) of the "Federal Water
Pollution Control Act" to comply with pretreatment standards;
establish and maintain records; make reports; install, use, and
maintain monitoring equipment or methods, including, where
appropriate, biological monitoring methods; sample discharges in
accordance with such methods, at such locations, at such
intervals, and in such A manner as THAT the
director determines; and
provide such other information as THAT is necessary to
ascertain
whether or not there is compliance with toxic and pretreatment
effluent standards. In issuing, modifying, and revoking those
orders, the director, to the extent consistent with the "Federal
Water Pollution Control Act," shall give consideration to
technical feasibility and economic reasonableness and shall allow
reasonable time for compliance.
(O) Exercise all incidental powers necessary to carry out
the purposes of this chapter;
(P) Certify or deny certification to any applicant for a
federal license or permit to conduct any activity that may
result in any discharge into the waters of the state that the
discharge will comply with the "Federal Water Pollution Control
Act";
(Q) Administer and enforce the publicly owned treatment
works pretreatment program in accordance with the "Federal Water
Pollution Control Act." In the administration of that program, the
director
may do any of the following:
(1) Apply and enforce pretreatment standards;
(2) Approve and deny requests for approval of publicly
owned treatment works pretreatment programs, oversee those
programs, and implement, in whole or in part, those programs
under any of the following conditions:
(a) The director has denied a request for approval of the
publicly owned treatment works pretreatment program;
(b) The director has revoked the publicly owned treatment
works pretreatment program;
(c) There is no pretreatment program currently being
implemented by the publicly owned treatment works;
(d) The publicly owned treatment works has requested the
director to implement, in whole or in part, the pretreatment
program.
(3) Require that a publicly owned treatment works
pretreatment program be incorporated in a permit issued to a
publicly owned treatment works as required by the "Federal Water
Pollution Control Act," require compliance by publicly owned
treatment works with those programs, and require compliance by
industrial users with pretreatment standards;
(4) Approve and deny requests for authority to modify
categorical pretreatment standards to reflect removal of
pollutants achieved by publicly owned treatment works;
(5) Deny and recommend approval of requests for
fundamentally different factors variances submitted by industrial
users;
(6) Make determinations on categorization of industrial
users;
(7) Adopt, amend, or rescind rules and issue, modify, or
revoke orders necessary for the administration and enforcement of
the publicly owned treatment works pretreatment program.
Any approval of a publicly owned treatment works
pretreatment program may contain any terms and conditions,
including schedules of compliance, that are necessary to achieve
compliance with this chapter.
(R) Except as otherwise provied PROVIDED in this division,
adopt rules in accordance
with Chapter 119. of the
Revised Code establishing procedures, methods, and equipment and
other requirements for equipment to prevent and contain
discharges of oil and hazardous substances into the waters of the
state. The rules shall be consistent with and equivalent in
scope, content, and coverage to section 311(j)(1)(c) of the
"Federal Water Pollution Control Act" and regulations adopted
under it. The director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling and workover
facilities as those terms are defined in that act and regulations adopted
under it.
(S) ADMINISTER AND
ENFORCE A PROGRAM FOR THE REGULATION OF SLUDGE MANAGEMENT IN
THIS STATE. THE DIRECTOR SHALL HAVE EXCLUSIVE AUTHORITY TO REGULATE SLUDGE
MANAGEMENT IN THIS STATE. THE PROGRAM SHALL BE
CONSISTENT WITH SECTION 405 OF THE
FEDERAL WATER POLLUTION CONTROL
ACT AND REGULATIONS ADOPTED UNDER IT AND WITH THIS SECTION, EXCEPT
THAT THE DIRECTOR MAY ADOPT RULES UNDER DIVISION (S) OF THIS SECTION
THAT ESTABLISH REQUIREMENTS THAT ARE MORE STRINGENT THAN SECTION 405 OF THE
FEDERAL WATER POLLUTION CONTROL
ACT AND REGULATIONS ADOPTED UNDER IT WITH REGARD TO MONITORING SLUDGE
AND SLUDGE MATERIALS AND ESTABLISHING ACCEPTABLE SLUDGE MANAGEMENT PRACTICES
AND POLLUTANT LEVELS IN SLUDGE AND SLUDGE MATERIALS.
IN
ADMINISTERING THE PROGRAM, THE DIRECTOR, IN ADDITION TO
EXERCISING THE AUTHORITY PROVIDED IN ANY OTHER APPLICABLE
SECTIONS OF THIS CHAPTER, MAY DO ANY OF THE FOLLOWING:
(1) DEVELOP PLANS AND PROGRAMS FOR THE DISPOSAL AND
UTILIZATION OF SLUDGE AND SLUDGE MATERIALS;
(2) ENCOURAGE, PARTICIPATE IN, OR CONDUCT STUDIES,
INVESTIGATIONS, RESEARCH, AND DEMONSTRATIONS RELATING TO THE
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT
OF SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON THE AIR
AND WATERS OF THE STATE;
(3) COLLECT AND DISSEMINATE INFORMATION RELATING TO THE
DISPOSAL AND USE OF SLUDGE AND SLUDGE MATERIALS AND THE IMPACT
OF SLUDGE AND SLUDGE MATERIALS ON LAND LOCATED IN THE STATE AND ON THE AIR
AND WATERS OF THE STATE;
(4) ISSUE, MODIFY, OR REVOKE ORDERS TO PREVENT, CONTROL,
OR ABATE THE USE AND DISPOSAL OF SLUDGE AND SLUDGE MATERIALS OR
THE EFFECTS OF THE USE OF SLUDGE AND SLUDGE MATERIALS ON LAND
LOCATED IN THE STATE AND ON THE AIR AND WATERS OF THE
STATE;
(5) ADOPT AND ENFORCE, MODIFY, OR RESCIND RULES NECESSARY FOR THE
IMPLEMENTATION OF DIVISION (S) OF THIS SECTION. THE RULES REASONABLY
SHALL PROTECT PUBLIC HEALTH AND THE ENVIRONMENT, ENCOURAGE THE BENEFICIAL
REUSE OF SLUDGE AND SLUDGE MATERIALS, AND MINIMIZE THE CREATION OF NUISANCE
ODORS.
THE
DIRECTOR MAY SPECIFY IN SLUDGE MANAGEMENT PERMITS THE NET VOLUME, NET WEIGHT,
QUALITY, AND
POLLUTANT CONCENTRATION OF THE SLUDGE OR SLUDGE MATERIALS THAT MAY BE
USED, STORED, TREATED, OR DISPOSED OF, AND THE MANNER AND FREQUENCY
OF
THE USE, STORAGE, TREATMENT, OR DISPOSAL, TO PROTECT PUBLIC HEALTH AND THE
ENVIRONMENT FROM ADVERSE EFFECTS RELATING TO THOSE ACTIVITIES.
THE DIRECTOR SHALL IMPOSE OTHER TERMS AND CONDITIONS TO PROTECT
PUBLIC HEALTH AND THE ENVIRONMENT, MINIMIZE THE CREATION OF
NUISANCE ODORS, AND ACHIEVE COMPLIANCE WITH THIS CHAPTER AND
RULES ADOPTED UNDER IT AND, IN DOING SO, SHALL CONSIDER WHETHER THE TERMS AND
CONDITIONS ARE CONSISTENT WITH THE GOAL OF ENCOURAGING THE BENEFICIAL REUSE OF
SLUDGE AND SLUDGE MATERIALS.
THE DIRECTOR MAY CONDITION PERMITS ON THE IMPLEMENTATION
OF TREATMENT, STORAGE, DISPOSAL, DISTRIBUTION, OR APPLICATION
MANAGEMENT METHODS AND THE FILING OF PERIODIC REPORTS ON THE
AMOUNTS, COMPOSITION, AND QUALITY OF SLUDGE AND SLUDGE MATERIALS
THAT ARE DISPOSED OF, USED, TREATED, OR STORED.
AN APPROVAL OF A TREATMENT WORKS SLUDGE DISPOSAL PROGRAM
MAY CONTAIN ANY TERMS AND CONDITIONS, INCLUDING SCHEDULES OF
COMPLIANCE, NECESSARY TO ACHIEVE COMPLIANCE WITH THIS
CHAPTER AND RULES ADOPTED UNDER IT.
This chapter authorizes the state to participate in ANY NATIONAL SLUDGE
MANAGEMENT PROGRAM AND the national pollutant discharge elimination
system,
to administer
and enforce the publicly owned treatment works pretreatment
program, and to issue permits for the discharge of dredged or
fill materials, in accordance with the "Federal Water Pollution
Control Act." This chapter shall be administered, consistent
with the laws of this state and federal law, in the same manner
that the "Federal Water Pollution Control Act" is required to be
administered.
This section does not apply to animal waste treatment or
disposal works and related management and conservation practices
subject to rules adopted pursuant to division (E)(4) of section
1511.02 of the Revised Code and involving less than one thousand
animal units, as "animal units" is defined in the United States
environmental protection agency regulations. This exclusion does
not apply to animal waste treatment works having a controlled
direct discharge to the waters of the state or to the discharge of
animal waste into a publicly owned treatment works.
Sec. 6111.039. THE DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL ADOPT RULES
IN ACCORDANCE WITH CHAPTER 119. of the Revised Code REQUIRING THE POSTING OF NOTICE
REGARDING THE LAND APPLICATION OF SLUDGE THAT IS CLASSIFIED AS CLASS
B SLUDGE UNDER 40 C.F.R. 503.
Sec. 6111.04. (A) BOTH OF THE FOLLOWING APPLY EXCEPT AS
OTHERWISE PROVIDED IN DIVISION (A) OR (F) OF THIS SECTION:
(1) No person shall cause pollution or place or
cause to be placed any sewage, SLUDGE, SLUDGE MATERIALS,
industrial waste, or other wastes
in a location where they cause pollution of any waters of the
state, and any such.
(2) AN action PROHIBITED UNDER DIVISION (A)(1) OF THIS
SECTION is hereby declared to be a public
nuisance, except in such cases where the director of
environmental protection has issued.
DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT APPLY IF THE
PERSON CAUSING POLLUTION OR PLACING OR CAUSING TO BE PLACED WASTES IN A
LOCATION IN WHICH THEY CAUSE POLLUTION OF ANY WATERS OF THE STATE HOLDS a
valid and, unexpired permit,
or renewal thereof OF A PERMIT, GOVERNING THE CAUSING OR
PLACEMENT as provided in sections 6111.01 to 6111.08 of
the Revised Code, or an IF THE PERSON'S application for
renewal OF SUCH A PERMIT is pending.
(B) IF THE DIRECTOR ADMINISTERS A SLUDGE MANAGEMENT PROGRAM
PURSUANT TO DIVISION (S) OF SECTION 6111.03 of the Revised Code, BOTH OF THE
FOLLOWING APPLY EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) OR
(F) OF THIS
SECTION:
(1) NO PERSON, IN THE COURSE OF SLUDGE MANAGEMENT, SHALL PLACE ON LAND
LOCATED IN THE STATE OR RELEASE INTO THE AIR OF THE STATE ANY SLUDGE OR SLUDGE
MATERIALS.
(2) AN ACTION PROHIBITED UNDER DIVISION (B)(1) OF THIS SECTION IS
HEREBY DECLARED TO BE A PUBLIC NUISANCE.
DIVISIONS (B)(1) AND (2) OF THIS SECTION DO NOT APPLY IF THE
PERSON
PLACING OR RELEASING THE SLUDGE OR SLUDGE MATERIALS HOLDS A VALID, UNEXPIRED
PERMIT, OR RENEWAL OF A PERMIT, GOVERNING THE PLACEMENT OR RELEASE AS PROVIDED
IN SECTIONS 6111.01 TO 6111.08 of the Revised Code OR IF THE PERSON'S APPLICATION FOR RENEWAL
OF SUCH A PERMIT IS PENDING.
(C) No person to whom a permit has been issued shall place or
discharge, or cause to be placed or discharged, in any waters of
the state any sewage, SLUDGE, SLUDGE MATERIALS, industrial
waste, or other wastes in excess of the permissive discharges specified under
such THE existing permit without first receiving a permit from
the director to do
so.
No person who is discharging or causing the discharge of
any sewage, industrial waste, or other wastes into the waters of
the state shall continue or cause the continuance of such
discharge, without first obtaining a permit therefore
issued by the director. The director shall prescribe by rule a
reasonable filing period within which applications may be filed
to obtain permits for existing discharges that have not been
authorized by permit.
(D) NO PERSON TO WHOM A SLUDGE MANAGEMENT PERMIT HAS BEEN
ISSUED SHALL PLACE ON THE LAND OR RELEASE INTO THE AIR OF THE
STATE ANY SLUDGE OR SLUDGE MATERIALS IN EXCESS OF THE PERMISSIVE
AMOUNTS SPECIFIED UNDER THE EXISTING SLUDGE MANAGEMENT PERMIT
WITHOUT FIRST RECEIVING A MODIFICATION OF THE EXISTING SLUDGE MANAGEMENT
PERMIT OR A NEW SLUDGE MANAGEMENT PERMIT TO DO SO FROM THE
DIRECTOR.
(E) The director may require the submission of such plans,
specifications, and other information as he deems THAT THE DIRECTOR
CONSIDERS relevant in connection with the issuance of permits.
(F) This section does not apply to ANY OF THE FOLLOWING:
(A)(1) Waters used in washing sand, gravel, other aggregates,
or mineral products, when such THE washing and the
ultimate disposal
of the water used in such THE washing, including any sewage,
industrial waste, or other wastes contained in such THE waters,
are
entirely confined to the land under the control of the person
engaged in the recovery and processing of such THE sand, gravel,
other aggregates, or mineral products, and do not result in the
pollution of waters of the state;
(B)(2) Water, gas, or other material injected into a well to
facilitate, or which THAT is incidental to, the production of
oil,
gas, artificial brine, or water derived in association with oil
or gas production and disposed of in a well, in compliance with a
permit issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in
compliance with an injection well operating permit. This
division DIVISION (F)(2) OF THIS SECTION does not
authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation of the United States environmental protection agency.
(C)(3) Application of any materials to land for agricultural
purposes or runoff of such THOSE materials from such
THAT application or
pollution by animal waste or soil sediment, including attached
substances, resulting from farming, silvicultural, or earthmoving
activities regulated by Chapter 307. or 1515. of the Revised
Code. This division DIVISION (F)(3) OF THIS SECTION
does not authorize, without a permit, any
discharge from a treatment works for treating animal wastes
having a controlled direct discharge into the waters of the
state, or any discharge that is prohibited by, or for which a
permit is required by, regulation of the United States
environmental protection agency.
(D)(4) The excrement of domestic and farm animals defecated
on land or runoff therefrom into any waters of the state. This
division DIVISION (F)(4) OF THIS SECTION does not
authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation of the United States environmental protection agency.
(E)(5) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
This division DIVISION (F)(5) OF THIS SECTION does not
authorize any discharge into a publicly
owned treatment works in violation of a pretreatment program
applicable to such THE publicly owned treatment works.
(F)(6) Septic tanks or any other disposal systems for the
disposal or treatment of sewage from single-family, two-family,
or three-family dwellings in compliance with the sanitary code
and section 1541.21 or 3707.01 of the Revised Code. This
division DIVISION (F)(6) OF THIS SECTION does not
authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation of the United States environmental protection agency.
(7) EXCEPTIONAL QUALITY SLUDGE GENERATED OUTSIDE OF THIS STATE AND
CONTAINED IN BAGS OR OTHER CONTAINERS NOT GREATER THAN ONE HUNDRED POUNDS IN
CAPACITY. AS USED IN DIVISION (F)(7) OF THIS SECTION, "EXCEPTIONAL
QUALITY SLUDGE" HAS THE SAME MEANING AS IN DIVISION (Y) OF SECTION
3745.11 of the Revised Code.
(G) The holder of a permit issued under section 402 (a) of the
"Federal Water Pollution Control Act" need not obtain a permit
for a discharge authorized by such THE permit until its
expiration date. The director of environmental protection shall
administer
and enforce such THOSE permits within this state, and may
modify the
THEIR terms and conditions thereof in accordance with division
(J) of section 6111.03 of the Revised Code.
Sec. 6111.042. In accordance with Chapter 119. of the
Revised Code, the director of environmental protection shall
adopt and enforce, and may modify and repeal RESCIND, rules
setting forth
and requiring compliance with national effluent limitations,
national standards of performance for new sources, and national
toxic and pretreatment effluent standards, AND NATIONAL SLUDGE USE AND
DISPOSAL STANDARDS, as necessary in order
to insure ENSURE compliance with sections 301, 306, and
307, AND 405 of the
"Federal Water Pollution Control Act". No person shall violate
any such rule, except in compliance with the terms and conditions
of a permit issued under section 6111.03 of the Revised Code.
To the extent the effluent limitations adopted by the
administrator of the United States environmental protection
agency pursuant to section 304 of the "Federal Water Pollution
Control Act" are inapplicable, the director may establish on a
case-by-case basis effluent limitations in a permit issued under
section 6111.03 of the Revised Code, based upon best
engineering PROFESSIONAL judgment. In establishing such
effluent limitations, the director
shall take BOTH OF THE FOLLOWING into consideration:
(A) The appropriate technology for the category or class
of point sources of which the applicant is a member, based on all
available information, including the administrator's draft or
proposed development documents or guidance; the total cost of
achieving such THE limitations in relation to the effluent
reduction
benefits to be achieved; the age of equipment and facilities
involved; the process employed; the engineering aspects of the
application of various types of control techniques and process
changes; nonwater quality environmental impact, including energy
requirements; and such other factors as THAT would have
been
appropriate for the administrator to consider pursuant to section
304 of the "Federal Water Pollution Control Act";
(B) As to the applicant for the permit, any unique factors
regarding the considerations set forth in division (A) of this
section.
Sec. 6111.05. The director of environmental protection may,
on his THE DIRECTOR'S own initiative, MAY
investigate or make
inquiries into any
alleged act of pollution or failure to comply with Chapter 6111.
of the Revised Code, THIS CHAPTER or any order, ANY rule,
the terms and conditions
of a permit, or ANY other determination pursuant thereto. However,
upon written complaint by any person, the director shall conduct
such ANY investigations and make such ANY
inquiries as THAT are required.
The director or his THE DIRECTOR'S duly authorized
representative may
enter at reasonable times upon any private or public property to
inspect and investigate conditions relating to POLLUTION OF ANY AIR OF THE
STATE OR LAND LOCATED IN THE STATE RELATED TO THE USE, STORAGE, TREATMENT, OR
DISPOSAL OF SLUDGE OR SLUDGE MATERIALS OR pollution of any
waters of the state, inspect any monitoring equipment, inspect
the drilling, conversion, or operation of any injection well, and
sample any discharges, including discharges by "industrial users"
into a publicly owned "treatment works" as such THOSE terms are
defined
in sections 212 and 502 of the "Federal Water Pollution Control
Act," and may apply to the court of common pleas having
jurisdiction for a warrant permitting such THE entrance and
inspection.
Any authorized representative of the director may at
reasonable times MAY examine any records or memoranda pertaining to
SLUDGE MANAGEMENT, the operation of disposal systems, the
drilling, conversion, or
operation of injection wells, or discharges by "industrial users"
into publicly owned "treatment works" as defined in sections 212
and 501 of the "Federal Water Pollution Control Act." The
director may require the maintenance of records relating to SLUDGE
MANAGEMENT, DISCHARGES, OR the
operation of such
disposal systems, OR injection
wells, or discharges. The director may make copies of such
THE
records. Any authorized representative of a publicly owned "treatment works"
may enter at reasonable times upon the premises of any
"industrial user" that discharges into the works to inspect any
monitoring equipment or method of the user, to sample any
discharges of the user into the works, or to inspect any records
or memoranda pertaining to discharges by the user into the works,
in order to ascertain compliance by the user with applicable
pretreatment standards. The representative may make copies of
such THE records. Any records, reports, or information obtained
under Chapter 6111. of the Revised Code THIS CHAPTER shall be
available for
public inspection, except that:
(A) Upon a showing satisfactory to the director of
environmental protection by any person that such THE
records, reports, or information, or any particular part thereof, other
than data concerning the amounts or contents of discharges or the
quality of the receiving waters, to which the director has access
under this chapter, if made public would divulge information
entitled to protection as trade secrets of such THE person, the
director shall consider such THE record, report, or information
or particular portion thereof confidential. Prior to divulging any
alleged trade secret information pursuant to this division, the
director shall give ten days' written notice to the person
claiming trade secrecy.
(B) Such THE record, report, or information may be disclosed
to other officers, employees, or authorized representatives of
the state, another state, or of the United States, when
necessary
to sustain an action brought pursuant to Chapter 6111. of the
Revised Code THIS CHAPTER or during an adjudication hearing,
or when otherwise
necessary to fulfill any requirement of the "Federal Water
Pollution Control Act."
No person to whom a permit has been issued shall refuse
entry to any authorized representative of the director or
willfully hinder or thwart such THE representative in the
exercise of
any authority granted by this section.
The director or his THE DIRECTOR'S authorized representative,
or, where
necessary to monitor compliance with pretreatment standards, the
authorized representative of a publicly owned "treatment works,"
may apply for, and any judge of a court of common pleas may
issue, a warrant necessary to achieve the purposes of this
chapter.
Sec. 6111.07. (A) No person shall violate or fail to
perform any duty imposed by sections 6111.01 to 6111.08 of the
Revised Code, or violate any order, rule, or term or condition of
a permit issued OR ADOPTED by the director of environmental
protection
pursuant to such THOSE sections. Each day of violation is a
separate
offense.
(B) The attorney general, upon the written request of the
director of environmental protection, shall prosecute any person
who violates, or who fails to perform any duty imposed by,
sections 6111.01 to 6111.08 of the Revised Code, or who violates
any order, rule, or condition of a permit issued OR ADOPTED by the
director
pursuant to such THOSE sections.
The attorney general, upon written request of the director
of environmental protection, shall bring an action for an
injunction against any person violating or threatening to violate
Chapter 6111., THIS CHAPTER or violating or threatening to
violate any order,
or rule, or condition of a permit issued OR ADOPTED by the
director pursuant
to Chapter 6111 THIS CHAPTER. In an action for injunction to
enforce any
final order of the director brought pursuant to this section, the
finding by the director, after hearing, is prima-facie evidence
of the facts found therein.
(C) No person KNOWINGLY shall knowingly submit false
information
or records or fail to submit information or records pertaining to
discharges OF SEWAGE, INDUSTRIAL WASTES, OR OTHER WASTES OR TO SLUDGE
MANAGEMENT required as a condition of a permit OR KNOWINGLY RENDER
INACCURATE ANY MONITORING DEVICE OR OTHER METHOD REQUIRED TO BE MAINTAINED BY
THE DIRECTOR.
Sec. 6111.44. Except as otherwise provided in section
6111.14 of the Revised Code or in rules adopted under division
(G) of section 6111.03 of the Revised Code, no municipal
corporation, county, public institution, corporation, or officer
or employee thereof, or other person shall provide or install
sewerage or treatment works for sewage, SLUDGE, OR SLUDGE
MATERIALS disposal, OR TREATMENT or make a change
in any sewerage or sewage treatment works until the plans
therefor have been submitted to and approved by the director of
environmental protection. Sections 6111.44 to 6111.46 of the
Revised Code apply to sewerage and treatment works for sewage of
a municipal corporation or part thereof, an unincorporated
community, a county sewer district, or other land outside of a
municipal corporation or any publicly or privately owned building
or group of buildings or place, used for the assemblage,
entertainment, recreation, education, correction,
hospitalization, housing, or employment of persons, but do not
apply to sewerage or treatment works for sewage installed or to
be installed for the use of a private residence or dwelling, or
to animal waste treatment or disposal works and related
management and conservation practices THAT ARE subject to rules adopted
pursuant to division (E)(4) of section 1511.02 of the Revised
Code and involving less than one thousand animal units as animal
units are defined in the United States environmental protection
agency regulations. This exclusion does not apply to animal
waste treatment works having a controlled direct discharge to
waters of the state.
In granting an approval, the director of environmental
protection may stipulate such modifications, conditions, and
rules as THAT the public health and prevention of pollution may
require. Any action taken by the director shall be a matter of
public record and shall be entered in his THE DIRECTOR'S
journal. Each period
of thirty days that a violation of this section continues, after
a conviction for such THE violation, constitutes a separate
offense.
Sec. 6111.45. No municipal corporation, county, public
institution, corporation, or officer or employee thereof, or
other person shall establish as proprietor, agent, employee,
lessee, or tenant, any garbage disposal plant, shop, factory,
mill, industrial establishment, process, trade, or business, in
the operation of which an industrial waste is produced, or make a
change in or enlargement of a garbage disposal plant, shop,
factory, mill, industrial establishment, process, trade, or
business, whereby an industrial waste is produced or materially
increased or changed in character, or install works for the
treatment or disposal of any such waste until the plans for the
disposal of such THE waste have been submitted to and approved
by the
director of environmental protection. As used in sections
6111.44 to 6111.46 of the Revised Code, "industrial waste" means
SLUDGE OR
SLUDGE MATERIALS OR a water-carried or a liquid waste resulting
from any process of
industry, manufacture, trade, or business, or development of any
natural resource. In granting an approval, the agency may
stipulate such modifications, conditions, and regulations as
RULES THAT the
public health and welfare may require. Any action taken by the
director shall be a matter of public record and shall be entered
in his THE DIRECTOR'S journal. Each period of thirty days
that a violation of
this section continues, after a conviction of such THE
violation,
constitutes a separate offense.
Sec. 6111.46. The environmental protection agency shall
exercise general supervision of the USE, STORAGE, TREATMENT, AND
disposal of sewage and
industrial wastes and the operation and maintenance of works or
means installed for the collection, USE, STORAGE, treatment,
or AND disposal of
sewage and industrial wastes. Such general supervision shall
apply to all features of construction, operation, and maintenance
of such THE works or means which THAT do or may
affect the proper USE, STORAGE,
treatment of, AND disposal of such sewage and
industrial
wastes. The
agency shall investigate the works or means employed in the
collection, USE, STORAGE, treatment, and disposal of sewage and
industrial
wastes whenever deemed CONSIDERED necessary and OR
whenever
requested to do so
by local health officials; and, may adopt and enforce orders and
regulations RULES governing the operation and maintenance of
such THE works or means OF USE, STORAGE, TREATMENT, AND
DISPOSAL OF SUCH SEWAGE AND INDUSTRIAL WASTES, and may require the
submission of
records and data of
construction, operation, and maintenance, including plans and
descriptions of existing works or means of USE, STORAGE, TREATMENT, AND
disposal of such sewage or AND INDUSTRIAL wastes. When the
agency requires
the submission of
such records or information, the public officials or person,
firm, or corporation having the works in charge shall promptly
comply PROMPTLY with such THAT order.
Section 2. That existing sections 3709.085, 3745.11, 6111.01, 6111.03,
6111.04,
6111.042, 6111.05, 6111.07, 6111.44, 6111.45, and 6111.46
of the Revised Code are hereby repealed.
Section 3. Section 3745.11 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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