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S. B. No. 386 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Wilson, Carey, Cafaro, Padgett, Schaffer, Seitz, Niehaus, Austria, Harris, Patton, Schuler
A BILL
To amend sections 1513.02, 1513.07, 1513.181,
1513.99,
3745.114, 6111.03, 6111.035, 6111.04,
6111.30, and
6111.44 and to enact sections
1513.50 to 1513.59
of the Revised Code to
transfer authority to issue
section 401 water
quality certifications,
installation permits for
disposal systems, and
NPDES permits with respect
to coal mining and
reclamation operations from
the Director of
Environmental Protection to the
Chief of the
Division of Mineral Resources
Management in the
Department of Natural Resources
and to provide for the timely issuance of coal
mining and reclamation permits, and to amend the
versions of sections 6111.04 and 6111.44 of the
Revised Code that are scheduled to take effect
July 1, 2009, to continue the provisions of this
act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1513.02, 1513.07, 1513.181, 1513.99,
3745.114, 6111.03, 6111.035, 6111.04, 6111.30, and 6111.44 be
amended and sections 1513.50, 1513.51, 1513.52, 1513.53, 1513.54,
1513.55, 1513.56, 1513.57, 1513.58, and 1513.59 of the Revised
Code be enacted to read as follows:
Sec. 1513.02. (A) The division of mineral
resources
management shall
administer, enforce, and implement this chapter.
The chief of
the division of mineral resources
management shall do
all of the following:
(1) Adopt, amend, and rescind rules:
(a) To administer and enforce this chapter;
(b) To implement the requirements of this chapter for the
reclamation of lands affected by coal mining, including such
rules
governing mining practices and procedures, segregation and
placement of soil and topsoil, backfilling, grading, terracing,
resoiling, soil conditioning and reconditioning, planting,
establishment of drainage patterns, construction of impoundments,
and the construction, maintenance, and disposition of haul roads,
ditches, and dikes, as may be necessary or desirable, under
varying conditions of slope, drainage, physical and chemical
characteristics of soil and overburden, erodability of materials,
season, growth characteristics of plants, and other factors
affecting coal mining and reclamation, to facilitate the return
of
the land to a condition required by this chapter; to prevent
pollution or substantial diminution of waters of the state,
substantial erosion, substantial deposition of sediment,
landslides, accumulation and discharge of acid water, and
flooding, both during mining and reclamation and thereafter; to
restore the recharge capacity of the mined area to approximate
premining conditions; and to ensure full compliance with all
requirements of this chapter relating to reclamation, and the
attainment of those objectives in the interest of the public
health, safety, and welfare to which these reclamation
requirements are directed;
(c) To meet the requirements of the "Surface Mining
Control
and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.
1201.
(2) Issue orders to enforce this chapter and rules adopted
under it;
(3) Adopt rules for the internal management of the
division
that do not affect private rights;
(4) Adopt programs, rules, and procedures designed to
assist
the coal operator in this state with the permitting
process and
complying with the environmental standards of this
chapter. Upon
request of the applicant for a permit, the chief
shall make a
determination of the probable hydrologic
consequences required in
division (B)(1)(k) of section 1513.07 of
the Revised Code within
sixty days after a permit has been
submitted to the division for
those applications requesting the
chief to perform the study. The
chief shall perform the chemical
analysis of test borings or core
samplings for operators who have
a total annual production of coal
at all locations that does not
exceed one hundred thousand tons.
(5) Adopt programs, rules, and procedures designed to
ensure
that reclamation is performed on operations for which the
performance security has been forfeited pursuant to section
1513.16
of the Revised Code;
(6) Receive, administer, and expend moneys obtained from
the
United States department of the interior and other federal
agencies to implement the state's permanent coal regulatory
program;
(7)(a) Regulate the beneficial use of coal
combustion
byproducts at coal mining and reclamation operations
and abandoned
mine lands that are regulated under this chapter
and rules adopted
under it. The beneficial use of coal
combustion byproducts at such
coal mining and reclamation
operations and abandoned mine lands is
subject to all applicable
performance standards and requirements
established under this
chapter and rules adopted under it,
including, without
limitation, standards and requirements
established under section
1513.16 of the Revised
Code and rules
adopted pursuant
to it.
The beneficial use of coal combustion byproducts that is
authorized at coal mining and reclamation operations and
abandoned
mine lands that are regulated under this chapter and
rules adopted
under it is not subject to Chapter 6111. of the Revised Code and
rules adopted under it and to the following
provisions of Chapters
Chapter 3734.
and 6111. of the Revised
Code and rules adopted
under
those provisions:
(i) Permit and license requirements for solid
waste
facilities established under sections 3734.02 and 3734.05
of the
Revised
Code;
(ii) The prohibition against the open dumping of
solid wastes
established in section 3734.03 of the
Revised
Code;
(iii) Solid waste generation and disposal fees
established
under sections 3734.57 to 3734.574 of the
Revised
Code;
(iv) Permit to install and plan approval
requirements
established under sections 6111.03, 6111.44, and
6111.45 of the
Revised
Code.
Nothing in division
(A)(7) of this section shall be
construed
to limit any other requirements that are applicable to
the
beneficial use of coal combustion byproducts and that are
established under Chapter
3704., 3714., or 3734., or 6111. of the
Revised
Code or under local or federal
laws, including, without
limitation, requirements governing air
pollution control permits,
and hazardous waste, national pollutant
discharge elimination
system permits, and section 401 water
quality certifications.
(b) As used in division
(A)(7) of this section:
(i) "Coal combustion byproducts" means fly ash,
bottom ash,
coal slag, flue gas desulphurization and fluidized
bed combustion
byproducts, air or water pollution control
residues from the
operation of a coal-fired electric or steam
generation facility,
and any material from a clean coal
technology demonstration
project or other innovative process at
a coal-fired electric or
steam generation facility.
(ii) "Beneficial use" means the use
of coal combustion
byproducts in a manner that is not equivalent
to the establishment
of a disposal system or a solid waste
disposal facility and that
is unlikely to affect human health or
safety or the environment
adversely or to degrade the existing
quality of the land, air, or
water. "Beneficial use" includes,
without limitation, land
application uses for agronomic value;
land reclamation uses; and
discrete, controlled uses for
structural fill, pavement aggregate,
pipe bedding aggregate,
mine sealing, alternative drainage or
capping material, and
pilot demonstration projects.
(iii) "Structural fill" means the discrete,
controlled use of
a coal combustion byproduct as a substitute
for a conventional
aggregate, raw material, or soil under or
immediately adjacent to
a building or structure. "Structural
fill" does not include uses
that involve general filling or
grading operations or valley
fills.
(iv) "Pavement aggregate" means the discrete,
controlled use
of a coal combustion byproduct as a subbase
material or drainage
layer under or immediately adjacent to a
paved road or a paved
parking lot where the coal combustion
byproduct is a substitute
for a conventional aggregate, raw
material, or soil.
(v) "Pipe bedding aggregate" means
the discrete, controlled
use of a coal combustion byproduct as a
substitute for a
conventional aggregate, raw material, or soil
under, around, or
immediately adjacent to a water, sewer, or
other pipeline.
(vi) "Coal-fired electric or steam generation
facility"
includes any boiler that is fired with coal or with
coal in
combination with petroleum coke, oil, natural gas, or
any other
fossil fuel.
(vii) "Solid waste disposal facility" means a
facility for
the disposal of solid wastes as provided in
Chapter 3734. of the
Revised
Code and rules adopted under
it.
(viii) "Disposal system" has the same meaning as
in section
6111.01 of the
Revised
Code.
(8) Establish programs and adopt rules and procedures
governing terms, limitations, and conditions for the use of diesel
equipment in an underground coal mine.
(B) The chief, by rule, may designate as unsuitable for
coal
mining natural areas maintained on the registry of natural
areas
of the department of natural resources pursuant to
Chapter 1517.
of the Revised Code, wild,
scenic, or recreational river
areas
designated pursuant to that
chapter, publicly owned or dedicated
parks, and other areas of unique and
irreplaceable natural beauty
or condition, or areas within
specified distances of a public
road, occupied dwelling, public
building, school, church,
community, or institutional building,
public park, or cemetery.
Such a designation may include land
adjacent to the perimeters of
those areas that may be necessary to
protect their integrity.
(C)(1) The adoption, amendment, and rescission of rules
under
divisions (A)(1), (4), (5), and, (8), (B), and (J) of this section
are subject to
Chapter 119. of the Revised Code.
(2) The issuance of orders under division (A)(2) of this
section and appeals therefrom are not governed by or subject to
Chapter 119. of the Revised Code, but are governed by this
chapter.
(D)(1) When the chief or an authorized representative of
the
chief determines that any condition or practice exists or that any
permittee is in violation of any requirement of this chapter or
any permit condition required by this chapter, which condition,
practice, or violation creates an imminent danger to the health
or
safety of the public or is causing, or can reasonably be
expected
to cause, significant, imminent environmental harm to
land, air,
or water resources, the chief or the authorized
representative
immediately shall order the cessation of coal
mining and
reclamation operations or the portion thereof relevant
to the
condition, practice, or violation. The cessation order
shall
remain in effect until the chief or the authorized
representative
determines that the condition, practice, or
violation has been
abated or until the order is modified,
vacated, or terminated by
the chief or the authorized
representative pursuant to division
(D)(4) of this section or by
the reclamation commission pursuant
to section
1513.13 of the Revised Code. When the chief or the
authorized representative finds that the ordered cessation
of coal
mining
and reclamation operations or any portion thereof will not
completely abate the imminent danger to the health or safety of
the
public or the significant, imminent environmental harm to
land,
air, or water resources, the chief or the authorized
representative, in addition to the cessation order, shall order
the operator to take whatever steps the chief or the
authorized
representative considers necessary to abate the imminent danger
or
the significant environmental harm.
(2) When the chief or an authorized representative of
the
chief determines that any person is in violation of any
requirement of
this chapter or any permit condition required by
this chapter,
but the violation does not create an imminent danger
to the
health or safety of the public or cannot reasonably be
expected
to cause significant, imminent environmental harm to
land, air,
or water resources, the chief or the authorized
representative
shall issue a notice of violation to the person or
the
person's agent fixing a reasonable time for the abatement of
the
violation,
provided that the time afforded a person to abate
the violation
shall not exceed the time limitations prescribed by
the secretary
of the interior in 30 C.F.R. Part 843 for an
approvable state
regulatory program under the "Surface Mining
Control and
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.
1201.
If, upon expiration of the period of time as originally
fixed
or subsequently extended for good cause shown and upon the
written
finding of the chief or the authorized representative, the chief
or
the authorized
representative finds that the
violation has not
been abated, the chief or the authorized
representative
immediately shall order the
cessation of coal mining and
reclamation operations or the
portion thereof relevant to the
violation. The cessation order
shall remain in effect until the
chief or the authorized
representative determines that the
violation has been abated or
until the order is modified, vacated,
or terminated by the chief
or the authorized representative
pursuant to division (D)(4)
of
this section or by the reclamation
commission
pursuant to
section 1513.13 of the Revised Code. In a
cessation order issued
under division (D)(2) of this section, the
chief
or the authorized
representative
shall prescribe the steps
necessary to abate the violation in the
most expeditious manner
possible.
(3) When in the judgment of the chief or an authorized
representative of the chief a pattern of violations of any
requirements of
this chapter or any permit conditions required by
this chapter
exists or has existed and the violations are caused
by the
unwarranted failure of the permittee to comply with any
requirements of this chapter or any permit conditions or are
willfully caused by the permittee, the chief or the
authorized
representative immediately shall issue an order to the permittee
to show cause why the permit should not be suspended or revoked.
If a hearing is requested, the chief shall inform all interested
parties of the time and place of the hearing and conduct the
hearing pursuant to division (D) of section 1513.13 of the
Revised
Code. Upon the permittee's failure to show cause
why the permit
should not be suspended or revoked, the chief or
the authorized
representative immediately shall suspend or
revoke
the permit.
(4) Notices of violation and orders issued pursuant to
this
section shall set forth with reasonable specificity the
nature of
the violation and the remedial action required, the
period of time
established for abatement, and a reasonable
description of the
portion of the coal mining and reclamation
operation to which the
notice or order applies. Each notice or
order issued under this
section shall be given promptly to the
alleged violator or the
agent of the alleged violator
by the chief or an authorized
representative of the chief who issues the notice or order.
Notices
and orders shall be in writing and shall be signed by the
chief or the
authorized representative and may be modified,
vacated, or
terminated by the chief or the authorized
representative.
Any notice or order issued pursuant to this
section that requires
cessation of mining by the operator shall
expire within thirty
days after actual notice to the operator
unless a public hearing
pursuant to section 1513.13 of the Revised
Code is held at the
site or within such reasonable proximity to
the site that any
viewings of the site can be conducted during the
course of the public
hearing.
(E)(1) A person who violates a permit condition or any
other
provision of this chapter may be assessed a civil penalty
by the
chief, except that if the violation leads to the issuance
of a
cessation order under division (D) of this section, the
civil
penalty shall be assessed for each day until the person
initiates
the necessary corrective steps. The penalty shall not
exceed five
thousand dollars for each violation. Each day of
continuing
violation may be deemed a separate violation for
purposes of
penalty assessments. In determining the amount of
the penalty,
consideration shall be given to the person's history
of previous
violation at the particular coal mining operation;
the seriousness
of the violation, including any irreparable harm
to the
environment and any hazard to the health or safety of the
public;
whether the person was negligent; and the demonstrated
diligence
of the person charged in attempting to achieve rapid
compliance
after notification of the violation.
(2) A civil penalty shall be assessed by the chief only
after
the person charged with a violation under division
(E)(1)
of this
section has been given an opportunity for a public
hearing. If a
person charged with such a violation fails to
avail oneself of the
opportunity for a public hearing, a
civil penalty shall be
assessed by the chief after the chief has
determined that a
violation did occur, and the amount of the
penalty that is
warranted, and has issued an order
requiring
that the penalty be
paid.
(3) Upon the issuance of a notice or order charging that a
violation of this chapter has occurred, the chief shall inform
the
operator within thirty days of the proposed amount of the
penalty
and provide opportunity for an adjudicatory hearing
pursuant to
section 1513.13 of the Revised Code. The person
charged with the
penalty then shall have thirty days to pay the
proposed penalty in
full or, if the person wishes to contest
either the amount of the
penalty or the fact of the violation,
file a petition for review
of the proposed assessment with the
secretary of the reclamation
commission pursuant
to section
1513.13 of the Revised Code. If,
after the hearing, the
commission
affirms or modifies the proposed
amount of the penalty, the
person charged with the penalty then
shall have thirty days after
receipt of the written decision to
pay the amount in full or
file an appeal with the court of appeals
in accordance with
section 1513.14 of the Revised Code. At the
time the petition
for review of the proposed assessment is filed
with the
secretary, the person shall forward the amount of the
penalty to
the secretary for placement in the reclamation penalty
fund,
which is hereby created. The fund shall be in the custody of
the
treasurer of state, but shall not be a part of the state
treasury.
Pursuant to administrative or judicial review of the
penalty, the secretary,
within thirty days, shall remit the
appropriate amount of the penalty to the
person, with interest, if
it
is determined that no violation occurred or that the amount of
the penalty should be reduced, and the secretary shall forward the
balance of the
penalty or, if the penalty was not reduced, the
entire amount of the penalty,
with interest, to the chief for
deposit in the
reclamation forfeiture fund created in section
1513.18 of the Revised
Code. Failure to forward the money to the
secretary within thirty days
after the chief informs the operator
of the proposed amount of
the penalty shall result in a waiver of
all legal rights to
contest the violation or the amount of the
penalty. Within
fifteen days after being informed of the penalty,
the person
charged with the penalty may request in writing an
informal
assessment conference to review the amount of the
penalty. The
conference shall be presided over by the chief or an
individual appointed by the chief other than the inspector that
issued
the notice
of violation or order upon which the penalty is
based. The chief
shall adopt rules governing procedures to be
followed in informal
conferences. Time allowed for payment of the
penalty or appeal
to the commission shall be tolled while the
penalty is
being reviewed
in an informal conference.
(4) An operator who fails to correct a violation for which
a
notice of violation or order has been issued under division (D)
of
this section within the period permitted for its correction
shall
be assessed a civil penalty of not less than seven hundred
fifty
dollars for each day during which the failure or violation
continues. However, a civil penalty shall not be assessed under
division (E)(4) of this section if the commission
orders the
suspension of
the abatement
requirement after determining, based
upon the findings of an
expedited hearing held under section
1513.13 of the Revised Code
at the request of the operator, that
the operator will suffer
irreparable loss or damage from the
application of the abatement
requirement or if the court orders
suspension of the abatement
requirement pursuant to review
proceedings held under section
1513.14 of the Revised Code at the
request of the operator.
(F) The chief may enter into a cooperative agreement with
the
secretary of the interior to provide for state regulation of
coal
mining and reclamation operations on federal lands within
the
state.
(G) The chief may prohibit augering if necessary to
maximize
the utilization, recoverability, or conservation of the
solid fuel
resources or to protect against adverse water quality
impacts.
(H) The chief shall transmit to the director of environmental
protection for verification copies of all schedules
submitted
under section 1513.07 of the Revised Code pertaining to
violations
of air quality laws or to violations of water quality laws
concerning which the director has or had authority, and rules
adopted and
orders issued under those laws, in connection with
coal mining
operations to the director of environmental protection
for
verification.
(I) For the purposes of sections 1513.18, 1513.24,
1513.37,
and 1514.06 of the Revised Code, the chief triennially shall
determine the average wage rate for companies performing
reclamation work for the division under those sections by
averaging the wage rate paid by all companies performing such
reclamation work during the three years immediately preceding
the
determination. However, in making the initial determination
under
this division, the chief shall average the wage rate paid
by all
companies performing such reclamation work during the ten
years
immediately preceding October 29, 1995.
(J) If this state becomes covered by a state programmatic
general permit issued by the United States army corps of engineers
for the discharge of dredged or fill material into the waters of
the United States by operations that conduct surface and
underground coal mining and reclamation operations and the
restoration of abandoned mine lands, the chief may establish
programs and adopt rules and procedures designed to implement the
terms, limitations, and conditions of the permit. The purpose of
the programs, rules, and procedures shall be to enable the state
to reduce or eliminate duplicative state and federal project
evaluation, simplify the regulatory approval process, provide
environmental protection for aquatic resources that is equivalent
to federal protection, and satisfy the requirements of the United
States army corps of engineers regulatory program under which the
permit is issued and that is established under section 404 of the
"Federal Water Pollution Control Act," 86 Stat. 48 (1972), 33
U.S.C. 1344, as amended by the "Clean Water Act of 1977," 91 Stat.
1600, 33 U.S.C. 1344; section 10 of the "Rivers and Harbors Act of
1899," 30 Stat. 1151, 33 U.S.C. 403; and section 103 of the
"Marine Protection, Research, and Sanctuaries Act of 1972," 86
Stat. 1055, 33 U.S.C. 1413.
Sec. 1513.07. (A)(1) No operator shall conduct a coal
mining
operation without a permit for the operation issued by
the chief
of the division of mineral resources management.
(2) All permits issued pursuant to this chapter shall be
issued for a term not to exceed five years, except that, if the
applicant demonstrates that a specified longer term is reasonably
needed to allow the applicant to obtain necessary financing for
equipment and the opening of the operation and if the application
is full and complete for the specified longer term, the chief may
grant a permit for the longer term. A successor in interest to a
permittee who applies for a new permit within thirty days after
succeeding to the interest and who is able to obtain the
performance security of the original permittee may continue coal
mining and
reclamation operations according to the approved mining
and
reclamation plan of the original permittee until the
successor's
application is granted or denied.
(3) A permit shall terminate if the permittee has not
commenced the coal mining operations covered by the permit within
three years after the issuance of the permit, except that the
chief may grant reasonable extensions of the time upon a showing
that the extensions are necessary by reason of litigation
precluding the commencement or threatening substantial economic
loss to the permittee or by reason of conditions beyond the
control and without the fault or negligence of the permittee, and
except that with respect to coal to be mined for use in a
synthetic fuel facility or specified major electric generating
facility, the permittee shall be deemed to have commenced coal
mining operations at the time construction of the synthetic fuel
or generating facility is initiated.
(4)(a) Any permit issued pursuant to this chapter shall
carry
with it the right of successive renewal upon expiration
with
respect to areas within the boundaries of the permit. The
holders
of the permit may apply for renewal and the renewal shall
be
issued unless the chief determines by written findings,
subsequent
to fulfillment of the public notice requirements of
this section
and section 1513.071 of the Revised Code through
demonstrations by
opponents of renewal or otherwise, that one or
more of the
following circumstances exists:
(i) The terms and conditions of the existing permit are
not
being satisfactorily met.
(ii) The present coal mining and reclamation operation is
not
in compliance with the environmental protection standards of
this
chapter.
(iii) The renewal requested substantially jeopardizes the
operator's continuing responsibilities on existing permit areas.
(iv) The applicant has not provided evidence that the
performance security in effect for the operation will continue in
effect for any renewal requested in the application.
(v) Any additional, revised, or updated information
required
by the chief has not been provided. Prior to the
approval of any
renewal of a permit, the chief shall provide
notice to the
appropriate public authorities as prescribed by
rule of the chief.
(b) If an application for renewal of a valid permit
includes
a proposal to extend the mining operation beyond the
boundaries
authorized in the existing permit, the portion of the
application
for renewal of a valid permit that addresses any new
land areas
shall be subject to the full standards applicable to
new
applications under this chapter.
(c) A permit renewal shall be for a term not to exceed the
period of the original permit established by this chapter.
Application for permit renewal shall be made at least one hundred
twenty days prior to the expiration of the valid permit.
(5) A permit issued pursuant to this chapter does not
eliminate the requirements for obtaining a permit to install or
modify a disposal system or any part thereof or to discharge
sewage, industrial waste, or other wastes into the waters of the
state in accordance with Chapter 6111. sections 1513.50 to 1513.59
of the Revised Code.
(B)(1) The permit application shall be submitted in a manner
satisfactory to the chief and shall contain, among other things,
all of the
following:
(a) The names and addresses of all of the following:
(i) The permit applicant;
(ii) Every legal owner of record of the property, surface
and
mineral, to be mined;
(iii) The holders of record of any leasehold interest in
the
property;
(iv) Any purchaser of record of the property under a real
estate contract;
(v) The operator if different from the applicant;
(vi) If any of these are business entities other than a
single proprietor, the names and addresses of the principals,
officers, and statutory agent for service of process.
(b) The names and addresses of the owners of record of all
surface and subsurface areas adjacent to any part of the permit
area;
(c) A statement of any current or previous coal mining
permits in the United States held by the applicant, the permit
identification, and any pending applications;
(d) If the applicant is a partnership, corporation,
association, or other business entity, the following where
applicable: the names and addresses of every officer, partner,
director, or person performing a function similar to a director,
of the applicant, the name and address of any person owning, of
record, ten per cent or more of any class of voting stock of the
applicant, a list of all names under which the applicant,
partner,
or principal shareholder previously operated a coal
mining
operation within the United States within the five-year
period
preceding the date of submission of the application, and a
list of
the person or persons primarily responsible for ensuring
that the
applicant complies with the requirements of this chapter
and rules
adopted pursuant thereto while mining and reclaiming
under the
permit;
(e) A statement of whether the applicant, any subsidiary,
affiliate, or persons controlled by or under common control with
the applicant, any partner if the applicant is a partnership, any
officer, principal shareholder, or director if the applicant is a
corporation, or any other person who has a right to control or in
fact controls the management of the applicant or the selection of
officers, directors, or managers of the applicant:
(i) Has ever held a federal or state coal mining permit
that
in the five-year period prior to the date of submission of
the
application has been suspended or revoked or has had a coal
mining
bond, performance security, or similar security deposited in lieu
of bond
forfeited and, if so, a brief explanation of the facts
involved;
(ii) Has been an officer, partner, director, principal
shareholder, or person having the right to control or has in fact
controlled the management of or the selection of officers,
directors, or managers of a business entity that has had a coal
mining or surface mining permit that in the five-year period
prior
to the date of submission of the application has been
suspended or
revoked or has had a coal mining or surface mining
bond,
performance security, or similar security deposited in lieu of
bond forfeited and,
if so, a brief explanation of the facts
involved.
(f) A copy of the applicant's advertisement to be
published
in a newspaper of general circulation in the locality
of the
proposed site at least once a week for four successive
weeks,
which shall include the ownership of the proposed mine, a
description of the exact location and boundaries of the proposed
site sufficient to make the proposed operation readily
identifiable by local residents, and the location where the
application is available for public inspection;
(g) A description of the type and method of coal mining
operation that exists or is proposed, the engineering techniques
proposed or used, and the equipment used or proposed to be used;
(h) The anticipated or actual starting and termination
dates
of each phase of the mining operation and number of acres
of land
to be affected;
(i) An accurate map or plan, to an appropriate scale,
clearly
showing the land to be affected and the land upon which the
applicant
has the legal right to enter and commence coal mining
operations, copies of those documents upon which is based the
applicant's
legal right to enter and
commence coal mining
operations, and a statement whether that right is the subject of
pending litigation. This chapter does not authorize the chief to
adjudicate property title disputes.
(j) The name of the watershed and location of the surface
stream or tributary into which drainage from the operation will
be
discharged;
(k) A determination of the probable hydrologic
consequences
of the mining and reclamation operations, both on
and off the mine
site, with respect to the hydrologic regime,
providing information
on the quantity and quality of water in
surface and ground water
systems including the dissolved and
suspended solids under
seasonal flow conditions and the
collection of sufficient data for
the mine site and surrounding
areas so that an assessment can be
made by the chief of the
probable cumulative impacts of all
anticipated mining in the area
upon the hydrology of the area and
particularly upon water
availability, but this determination shall
not be required until
hydrologic information of the general area
prior to mining is
made available from an appropriate federal or
state agency;
however, the permit shall not be approved until the
information
is available and is incorporated into the application;
(l) When requested by the chief, the climatological
factors
that are peculiar to the locality of the land to be
affected,
including the average seasonal precipitation, the
average
direction and velocity of prevailing winds, and the
seasonal
temperature ranges;
(m) Accurate maps prepared by or under the direction of
and
certified by a qualified registered professional engineer,
registered surveyor, or licensed landscape architect to an
appropriate scale clearly showing all types of information set
forth on topographical maps of the United States geological
survey
of a scale of not more than four hundred feet to the inch,
including all artificial features and significant known
archeological sites. The map, among other things specified
by the
chief, shall show all boundaries of the land to be affected, the
boundary lines and names of present owners of record of all
surface areas abutting the permit area, and the location of all
buildings within one thousand feet of the permit area.
(n)(i) Cross-section maps or plans of the land to be
affected
including the actual area to be mined, prepared by or
under the
direction of and certified by a qualified registered
professional
engineer or certified professional geologist with
assistance from
experts in related fields such as hydrology,
hydrogeology,
geology, and landscape architecture, showing
pertinent elevations
and locations of test borings or core
samplings and depicting the
following information: the nature
and depth of the various strata
of overburden; the nature and
thickness of any coal or rider seam
above the coal seam to be
mined; the nature of the stratum
immediately beneath the coal
seam to be mined; all mineral crop
lines and the strike and dip
of the coal to be mined within the
area to be affected; existing
or previous coal mining limits; the
location and extent of known
workings of any underground mines,
including mine openings to the
surface; the location of spoil,
waste, or refuse areas and
topsoil preservation areas; the
location of all impoundments for
waste or erosion control; any
settling or water treatment
facility; constructed or natural
drainways and the location of
any discharges to any surface body
of water on the land to be
affected or adjacent thereto; profiles
at appropriate cross
sections of the anticipated final surface
configuration that will
be achieved pursuant to the operator's
proposed reclamation plan;
the location of subsurface water, if
encountered; the location
and quality of aquifers; and the
estimated elevation of the water
table. Registered surveyors shall
be allowed to perform all
plans, maps, and certifications under
this chapter as they are
authorized under Chapter 4733. of the
Revised Code.
(ii) A statement of the quality and locations of
subsurface
water. The chief shall provide by rule the number of
locations to
be sampled, frequency of collection, and parameters
to be analyzed
to obtain the statement required.
(o) A statement of the results of test borings or core
samplings from the permit area, including logs of the drill
holes,
the thickness of the coal seam found, an analysis of the
chemical
properties of the coal, the sulfur content of any coal
seam,
chemical analysis of potentially acid or toxic forming
sections of
the overburden, and chemical analysis of the stratum
lying
immediately underneath the coal to be mined, except that
this
division may be waived by the chief with respect to the
specific
application by a written determination that its
requirements are
unnecessary. If the test borings or core samplings from the permit
area indicate the existence of potentially acid forming or toxic
forming quantities of sulfur in the coal or overburden to be
disturbed by mining, the application also shall include a
statement of the acid generating potential and the acid
neutralizing potential of the rock strata to be disturbed as
calculated in accordance with the calculation method established
under section 1513.075 of the Revised Code or with another
calculation method.
(p) For those lands in the permit application that a
reconnaissance inspection suggests may be prime farmlands, a soil
survey shall be made or obtained according to standards
established by the secretary of the United States department of
agriculture in order to confirm the exact location of the prime
farmlands, if any;
(q) A certificate issued by an insurance company
authorized
to do business in this state certifying that the
applicant has a
public liability insurance policy in force for
the coal mining and
reclamation operations for which the permit
is sought or evidence
that the applicant has satisfied other
state self-insurance
requirements. The policy shall provide for
personal injury and
property damage protection in an amount
adequate to compensate any
persons damaged as a result of coal
mining and reclamation
operations, including the use of
explosives, and entitled to
compensation under the applicable
provisions of state law. The
policy shall be maintained in
effect during the term of the permit
or any renewal, including
the length of all reclamation
operations. The insurance company
shall give prompt notice to the
permittee and the chief if the public
liability insurance policy
lapses for any reason including the
nonpayment of insurance
premiums. Upon the lapse of the policy,
the chief may suspend the
permit and all other outstanding
permits until proper insurance
coverage is obtained.
(r) The business telephone number of the applicant;
(s) If the applicant seeks an authorization under division
(E)(7) of this section to conduct coal mining and reclamation
operations on areas to be covered by the permit that were
affected
by coal mining operations before August 3, 1977, that
have
resulted in continuing water pollution from or on the
previously
mined areas, such additional information pertaining to
those
previously mined areas as may be required by the chief,
including,
without limitation, maps, plans, cross sections, data
necessary to
determine existing water quality from or on those
areas with
respect to pH, iron, and manganese, and a pollution
abatement plan
that may improve water quality from or on those
areas with respect
to pH, iron, and manganese.
(2) Information pertaining to coal seams, test borings,
core
samplings, or soil samples as required by this section shall
be
made available by the chief to any person with an interest
that is
or may be adversely affected, except that information
that
pertains only to the analysis of the chemical and physical
properties of the coal, excluding information regarding mineral
or
elemental content that is potentially toxic in the
environment,
shall be kept confidential and not made a matter of
public record.
(3)(a) If the chief finds that the probable total annual
production at all locations of any operator will not exceed three
hundred thousand tons, the
following activities, upon the
written
request of the operator in connection with a permit application,
shall
be performed by a qualified
public or private laboratory or
another public or private qualified entity
designated by the
chief, and the cost of the activities shall be assumed by
the
chief, provided that sufficient moneys for such assistance are
available:
(i) The determination of probable hydrologic consequences
required under
division (B)(1)(k) of this section;
(ii) The development of cross-section maps and plans required
under division
(B)(1)(n)(i) of this section;
(iii) The geologic drilling and statement of results of test
borings and core
samplings required under division (B)(1)(o) of
this section;
(iv) The collection of archaeological information required
under division
(B)(1)(m) of this section and any other
archaeological and historical
information required by the chief,
and the preparation of plans necessitated
thereby;
(v) Pre-blast surveys required under division (E) of section
1513.161 of the
Revised Code;
(vi) The collection of site-specific resource information and
production of
protection and enhancement plans for fish and
wildlife habitats and other
environmental values required by the
chief under this chapter.
(b) A coal operator that has received assistance under
division (B)(3)(a) of
this section shall reimburse the chief for
the cost of the services rendered
if the chief finds that the
operator's actual and attributed annual production
of coal for all
locations exceeds three hundred thousand tons during the
twelve
months immediately following the date on which the operator was
issued
a coal mining and reclamation permit.
(4) Each applicant for a permit shall submit to the chief
as
part of the permit application a reclamation plan that meets
the
requirements of this chapter.
(5) Each applicant for a coal mining and reclamation
permit
shall file a copy of the application for a permit,
excluding that
information pertaining to the coal seam itself,
for public
inspection with the county recorder or an appropriate
public
office approved by the chief in the county where the
mining is
proposed to occur.
(6) Each applicant for a coal mining and reclamation
permit
shall submit to the chief as part of the permit
application a
blasting plan that describes the procedures and
standards by which
the operator will comply
with section 1513.161 of the Revised
Code.
(C) Each reclamation plan submitted as part of a permit
application shall include, in the detail necessary to demonstrate
that reclamation required by this chapter can be accomplished, a
statement of:
(1) The identification of the lands subject to coal mining
operations over the estimated life of those operations and the
size, sequence, and timing of the subareas for which it is
anticipated that individual permits for mining will be sought;
(2) The condition of the land to be covered by the permit
prior to any mining including all of the following:
(a) The uses existing at the time of the application and,
if
the land has a history of previous mining, the uses that
preceded
any mining;
(b) The capability of the land prior to any mining to
support
a variety of uses, giving consideration to soil and
foundation
characteristics, topography, and vegetative cover and,
if
applicable, a soil survey prepared pursuant to division
(B)(1)(p)
of this section;
(c) The productivity of the land prior to mining,
including
appropriate classification as prime farmlands as well
as the
average yield of food, fiber, forage, or wood products
obtained
from the land under high levels of management.
(3) The use that is proposed to be made of the land
following
reclamation, including information regarding the
utility and
capacity of the reclaimed land to support a variety
of alternative
uses, the relationship of the proposed use to
existing land use
policies and plans, and the comments of any
owner of the land and
state and local governments or agencies
thereof that would have to
initiate, implement, approve, or
authorize the proposed use of the
land following reclamation;
(4) A detailed description of how the proposed postmining
land use is to be achieved and the necessary support activities
that may be needed to achieve the proposed land use;
(5) The engineering techniques proposed to be used in
mining
and reclamation and a description of the major equipment;
a plan
for the control of surface water drainage and of water
accumulation; a plan, where appropriate, for backfilling, soil
stabilization, and compacting, grading, and appropriate
revegetation; a plan for soil reconstruction, replacement, and
stabilization, pursuant to the performance standards in section
1513.16 of the Revised Code, for those food, forage, and forest
lands identified in that section; and an
estimate of the cost per
acre of the reclamation, including a
statement as to how the
permittee plans to comply with each of
the requirements set out in
section 1513.16 of the Revised Code;
(6) A description of the means by which the utilization
and
conservation of the solid fuel resource being recovered will
be
maximized so that reaffecting the land in the future can be
minimized;
(7) A detailed estimated timetable for the accomplishment
of
each major step in the reclamation plan;
(8) A description of the degree to which the coal mining
and
reclamation operations are consistent with surface owner
plans and
applicable state and local land use plans and programs;
(9) The steps to be taken to comply with applicable air
and
water quality laws and regulations and any applicable health
and
safety standards;
(10) A description of the degree to which the reclamation
plan is consistent with local physical, environmental, and
climatological conditions;
(11) A description of all lands, interests in lands, or
options on such interests held by the applicant or pending bids
on
interests in lands by the applicant, which lands are
contiguous to
the area to be covered by the permit;
(12) The results of test borings that the applicant has
made
at the area to be covered by the permit, or other equivalent
information and data in a form satisfactory to the chief,
including the location of subsurface water, and an analysis of
the
chemical properties, including acid forming properties of the
mineral and overburden; except that information that pertains
only
to the analysis of the chemical and physical properties of
the
coal, excluding information regarding mineral or elemental
contents that are potentially toxic in the environment, shall be
kept confidential and not made a matter of public record;
(13) A detailed description of the measures to be taken
during the mining and reclamation process to ensure the
protection
of all of the following:
(a) The quality of surface and ground water systems, both
on-
and off-site, from adverse effects of the mining and
reclamation
process;
(b) The rights of present users to such water;
(c) The quantity of surface and ground water systems, both
on- and off-site, from adverse effects of the mining and
reclamation process or, where such protection of quantity cannot
be assured, provision of alternative sources of water.
(14) Any other requirements the chief prescribes by rule.
(D)(1) Any information required by division (C) of this
section that is not on public file pursuant to this chapter shall
be held in confidence by the chief.
(2) With regard to requests for an exemption from the
requirements of this
chapter for coal extraction incidental to the
extraction of other minerals, as
described in division (H)(1)(a)
of section 1513.01 of the Revised Code,
confidential information
includes and is limited to information concerning
trade secrets or
privileged commercial or financial information relating to
the
competitive rights of the persons intending to conduct the
extraction of
minerals.
(E)(1) Upon the basis of a complete mining application and
reclamation plan or a revision or renewal thereof, as required by
this chapter, and information obtained as a result of public
notification and public hearing an informal conference, if any, as
provided by section
1513.071 of the Revised Code, the chief shall
grant, require
modification of, or deny the application for a
permit in a
reasonable time set by the chief and notify the
applicant in
writing in accordance with division (I) of this
section. The An application is deemed to be complete as submitted
to the chief unless the chief, within fourteen days of the
submission, identifies deficiencies in the application in writing
and subsequently submits a copy of a written list of deficiencies
to the applicant.
A decision of the chief denying a permit shall state in
writing the specific reasons for the denial. After the denial and
if the applicant has amended the application and resubmitted it to
the chief, the chief shall grant or deny the amended application
not later than thirty days after the application is resubmitted.
If the chief fails to grant or deny the resubmitted application
not later than thirty days after it is resubmitted, the
application shall be deemed to be approved unless the failure to
grant or deny the application by the chief was caused by the
applicant's failure to supply information to the chief as required
by this chapter.
The applicant for a permit or revision of a permit has
the
burden of establishing that the application is in
compliance
with
all the requirements of this chapter. Within ten days after
the
granting of a permit, the chief shall notify the boards of
township trustees and county commissioners, the mayor, and the
legislative authority in the township, county, and municipal
corporation in which the area of land to be affected is located
that a permit has been issued and shall describe the location of
the land. However, failure of the chief to notify the local
officials shall not affect the status of the permit.
(2) No A permit application or application for revision of
an
existing permit shall be approved unless if the application
affirmatively demonstrates and the chief finds in writing on the
basis of the information set forth in the application or from
information otherwise available, which shall be documented
in the
approval and made available to the applicant, that all of the
following apply:
(a) The application is accurate and complete and all
the
requirements of this chapter have been complied with.
(b) The applicant has demonstrated that the reclamation
required by this chapter can be accomplished under the
reclamation
plan contained in the application.
(c)(i) Assessment of the probable cumulative impact of all
anticipated mining in the general and adjacent area on the
hydrologic balance specified in division (B)(1)(k) of this
section
has been made by the chief, and the proposed operation
has been
designed to prevent material damage to hydrologic
balance outside
the permit area.
(ii) There shall be an ongoing process conducted by the
chief
in cooperation with other state and federal agencies to
review all
assessments of probable cumulative impact of coal
mining in light
of post-mining data and any other hydrologic
information as it
becomes available to determine if the
assessments were realistic.
The chief shall take appropriate
action as indicated in the review
process.
(d) The area proposed to be mined is not included within
an
area designated unsuitable for coal mining pursuant to section
1513.073 of the Revised Code or is not within an area under study
for such designation in an administrative proceeding commenced
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the
Revised Code unless in an area as to which an administrative
proceeding has commenced pursuant to division (A)(3)(c) or (B) of
section 1513.073 of the Revised Code, the operator making the
permit application demonstrates that, prior to January 1, 1977,
the operator made substantial legal and financial commitments
in
relation
to the operation for which a permit is
sought.
(e) In cases where the private mineral estate has been
severed from the private surface estate, the applicant has
submitted to the chief one of the following:
(i) The written consent of the surface owner to the
extraction of coal by strip mining methods;
(ii) A conveyance that expressly grants or reserves the
right
to extract the coal by strip mining methods;
(iii) If the conveyance does not expressly grant the right
to
extract coal by strip mining methods, the surface-subsurface
legal
relationship shall be determined under the law of this
state. This
chapter does not authorize the chief to adjudicate
property rights
disputes.
(3)(a) The applicant shall file with the permit application
a
schedule listing all notices of violations of any law, rule, or
regulation of the United States or of any department or agency
thereof or of any state pertaining to air or water environmental
protection incurred by the applicant in connection with any coal
mining operation during the three-year period prior to the date
of
application. The schedule also shall indicate the final
resolution
of such a notice of violation. Upon receipt of an
application, the
chief shall provide a schedule listing all
notices of violations
of this chapter pertaining to air or water
environmental
protection incurred by the applicant during the
three-year period
prior to receipt of the application and the
final resolution of
all such notices of violation. The chief
shall provide this
schedule to the applicant for filing by the
applicant with the
application filed for public review, as
required by division
(B)(5) of this section. When the schedule
or other information
available to the chief indicates that any
coal mining operation
owned or controlled by the applicant is
currently in violation of
such laws, the permit shall not be
issued until the applicant
submits proof that the violation has
been corrected or is in the
process of being corrected to the
satisfaction of the regulatory
authority, department, or agency
that has jurisdiction over the
violation and that any civil
penalties owed to the state for a
violation and not the subject
of an appeal have been paid. No
permit shall be issued to an
applicant after a finding by the
chief that the applicant or the
operator specified in the
application controls or has controlled
mining operations with a
demonstrated pattern of willful
violations of this chapter of a
nature and duration to result in
irreparable damage to the
environment as to indicate an intent
not to comply with or a
disregard of this chapter.
(b) For the purposes of division
(E)(3)(a) of this
section,
any violation resulting from an unanticipated event or condition
at a
surface coal mining operation on lands eligible for remining
under a permit
held by the person submitting an application for a
coal mining permit under
this section shall not prevent issuance
of that permit. As used in this
division, "unanticipated event or
condition" means an event or condition
encountered in a remining
operation that was not contemplated by the
applicable surface coal
mining and reclamation permit.
(4)(a) In addition to finding the application in
compliance
with division (E)(2) of this section, if the area
proposed to be
mined contains prime farmland as determined
pursuant to division
(B)(1)(p) of this section, the chief,
after consultation with the
secretary of the United States
department of agriculture and
pursuant to regulations issued by
the secretary of the interior
with the concurrence of the
secretary of agriculture, may grant a
permit to mine on prime
farmland if the chief finds in writing
that the operator has the
technological capability to restore the
mined area, within a
reasonable time, to equivalent or higher
levels of yield as
nonmined prime farmland in the surrounding area
under equivalent
levels of management and can meet the soil
reconstruction
standards in section 1513.16 of the Revised Code.
(b) Division (E)(4)(a) of this section does not apply to a
permit issued prior to August 3, 1977, or revisions or renewals
thereof.
(5) The chief shall issue an order denying a permit after
finding that
the applicant has misrepresented or
omitted any
material fact in the application for the permit.
(6) The chief may issue an order denying a permit after
finding that the
applicant, any partner, if the
applicant is a
partnership, any officer, principal shareholder, or director, if
the applicant is a corporation, or any other person who has a
right to control or in fact controls the management of the
applicant or the selection of officers, directors, or managers of
the applicant has been a sole proprietor or partner, officer,
director, principal shareholder, or person having the right to
control or has in fact controlled the management of or the
selection of officers, directors, or managers of a business
entity
that ever has had a coal mining license or permit issued
by this
or any other state or the United States suspended or
revoked, ever
has forfeited a coal or surface mining bond, performance security,
or similar
security deposited in lieu of bond in this or any other
state or
with the United States, or ever has substantially or
materially
failed to comply with this chapter.
(7) When issuing a permit under this section, the chief
may
authorize an applicant to conduct coal mining and reclamation
operations on areas to be covered by the permit that were
affected
by coal mining operations before August 3, 1977, that
have
resulted in continuing water pollution from or on the
previously
mined areas for the purpose of potentially reducing
the pollution
loadings of pH, iron, and manganese from discharges
from or on the
previously mined areas. Following the chief's
authorization to
conduct such operations on those areas, the
areas shall be
designated as pollution abatement areas for the
purposes of this
chapter.
The chief shall not grant an authorization under division
(E)(7) of this section to conduct coal mining and reclamation
operations on any such previously mined areas unless the
applicant
demonstrates to the chief's satisfaction that all of
the following
conditions are met:
(a) The applicant's pollution abatement plan for mining
and
reclaiming the previously mined areas represents the best
available technology economically achievable.
(b) Implementation of the plan will potentially reduce
pollutant loadings of pH, iron, and manganese resulting from
discharges of surface waters or ground water from or on the
previously mined areas within the permit area.
(c) Implementation of the plan will not cause any
additional
degradation of surface water quality off the permit
area with
respect to pH, iron, and manganese.
(d) Implementation of the plan will not cause any
additional
degradation of ground water.
(e) The plan meets the requirements governing mining and
reclamation of such previously mined pollution abatement areas
established by the chief in rules adopted under section 1513.02
of
the Revised Code.
(f) Neither the applicant; any partner, if the applicant
is a
partnership; any officer, principal shareholder, or
director, if
the applicant is a corporation; any other person who
has a right
to control or in fact controls the management of the
applicant or
the selection of officers, directors, or managers of
the
applicant; nor any contractor or subcontractor of the
applicant,
has any of the following:
(i) Responsibility or liability under this chapter or
rules
adopted under it as an operator for treating the discharges
of
water pollutants from or on the previously mined areas for
which
the authorization is sought;
(ii) Any responsibility or liability under this chapter or
rules adopted under it for reclaiming the previously mined areas
for which the authorization is sought;
(iii) During the eighteen months prior to submitting the
permit application requesting an authorization under division
(E)(7) of this section, had a coal mining and reclamation permit
suspended or revoked under division (D)(3) of section 1513.02 of
the Revised Code for violating this chapter or Chapter 6111. of
the Revised Code or rules adopted under them with respect to
water
quality, effluent limitations, or surface or ground water
monitoring;
(iv) Ever forfeited a coal or surface mining bond,
performance security, or
similar security deposited in lieu of a
bond in this or any other state
or with the United States.
(8) In the case of the issuance of a permit that involves a
conflict of results between various methods of calculating
potential acidity and neutralization potential for purposes of
assessing the potential for acid mine drainage to occur at a mine
site, the permit shall include provisions for monitoring and
record keeping to identify the creation of unanticipated acid
water at the mine site. If the monitoring detects the creation of
acid water at the site, the permit shall impose on the permittee
additional requirements regarding mining practices and site
reclamation to prevent the discharge of acid mine drainage from
the mine site. As used in division (E)(8) of this section,
"potential acidity" and "neutralization potential" have the same
meanings as in section 1513.075 of the Revised Code.
(F)(1) During the term of the permit, the permittee may
submit an application for a revision of the permit, together with
a revised reclamation plan, to the chief.
(2) An application for a revision of a permit shall not be
approved unless the chief finds that reclamation required by this
chapter can be accomplished under the revised reclamation plan.
The revision shall be approved or disapproved within ninety days
after receipt of a complete revision application. The chief
shall
establish, by rule, criteria for determining the extent to
which
all permit application information requirements and
procedures,
including notice and hearings, shall apply to the
revision
request, except that any revisions that propose
significant
alterations in the reclamation plan, at a
minimum, shall be
subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit
except
incidental boundary revisions shall be made by application
for a
permit.
(G) No transfer, assignment, or sale of the rights granted
under a permit issued pursuant to this chapter shall be made
without the written approval of the chief.
(H) The chief, within a time limit prescribed in the chief's
rules, shall
review outstanding permits and may
require reasonable
revision or modification of a permit. A
revision or modification
shall be based upon a written finding
and subject to notice and
hearing requirements established by
rule of the chief.
(I)(1) If an informal conference has been held pursuant to
section 1513.071 of the Revised Code, the chief shall issue and
furnish the applicant for a permit, persons who participated in
the informal conference, and persons who filed written objections
pursuant to division (B) of section 1513.071 of the Revised Code,
with the written finding of the chief granting or denying the
permit in whole or in part and stating the reasons therefor
within
sixty fourteen days of the conference and not later than one
hundred eighty days after the applicant's submission of a complete
application. If the chief fails to grant or deny the application
not later than one hundred eighty days after a complete
application was submitted, the application shall be deemed to be
approved unless the failure to grant or deny the application by
the chief was caused by the applicant's failure to supply
information to the chief as required by this chapter.
(2) If there has been no informal conference held pursuant
to
section 1513.071 of the Revised Code, the chief shall notify
submit to
the
applicant for a permit within a reasonable time as
provided
by
rule of the chief, taking into account the time
needed for
proper
investigation of the site, the complexity of
the permit
application, whether or not a written objection to the
application
has been filed, and whether the application has been
approved or
disapproved in whole or in part the written finding
of the chief granting or denying the permit in whole or in part as
soon as possible, but not later than one hundred eighty days after
the applicant's submission of a complete application. If the chief
fails to grant or deny the application not later than one hundred
eighty days after a complete application was submitted, the
application shall be deemed to be approved unless the failure to
grant or deny the application by the chief was caused by the
applicant's failure to supply information to the chief as required
by this chapter.
(3) When necessary to meet the mandatory deadlines for
granting or denying an application for a permit under this
section, the chief shall approve staff overtime and, if necessary,
enter into contracts with persons having the requisite experience
to assist with the review of permit applications. With respect to
a permit application, persons with whom the chief contracts shall
not have been employed by the permit applicant for a period of one
hundred eighty days prior to the time when the complete permit
application was submitted. Such persons shall not be employed by
the permit applicant during the permit application process.
(4) If the application is approved, the permit shall be
issued. If the application is disapproved, specific reasons
therefor shall be set forth in the notification. Within thirty
days after the applicant is notified of the final decision of the
chief on the permit application, the applicant or any person with
an interest that is or may be adversely affected may appeal the
decision to the reclamation commission pursuant
to section
1513.13
of the Revised Code.
(4)(5) Any applicant or any person with an interest that is
or
may be adversely affected who has participated in the
administrative proceedings as an objector and is aggrieved by the
decision of the reclamation commission, or if
the commission
fails
to act within the time limits specified in this chapter,
may
appeal in accordance with section 1513.14 of the Revised Code.
Sec. 1513.181. (A) There is hereby created in the state
treasury the coal mining administration and reclamation reserve
fund. The fund shall be used for the administration and
enforcement of this chapter. The
(B) Money in the fund also shall be used to hire additional
full-time technical review staff for the purpose of meeting
mandatory deadlines established for granting or denying permits in
division (I) of section 1513.07 of the Revised Code. If the chief
of the division of mineral resources management determines it to
be necessary, the chief may request the general assembly to
increase the coal severance tax that is levied in section 5749.02
of the Revised Code by up to four cents per ton if the chief
determines that additional funding is necessary to ensure
compliance with those mandatory deadlines. Any money derived from
an increase in the coal severance tax that is requested by the
chief under this division shall be used only to hire additional
full-time technical review staff for the purpose of meeting those
mandatory deadlines.
(C) The chief of the division of
mineral resources management
may transfer not more than one million dollars annually
from the
fund to the reclamation forfeiture fund
created in
section 1513.18
of the Revised Code to
complete reclamation of lands affected by
coal mining under a
permit issued under this chapter that the
operator
failed
to reclaim and for
which the operator's
performance security is insufficient to complete the
reclamation.
Within ten days before or after the beginning of
each calendar
quarter, the chief may certify to the
director of
budget and
management the amount of money needed to perform such
reclamation
during the quarter for transfer from the coal mining
administration and reclamation reserve fund to the reclamation
forfeiture fund.
(D) If the director of natural resources determines it to be
necessary, the director may request the controlling board to
transfer an amount of money from the coal mining administration
and reclamation reserve fund to the unreclaimed lands fund created
in section 1513.30 of the Revised Code.
Sec. 1513.50. As used in sections 1513.50 to 1513.57 of the
Revised Code:
(A) "Federal Water Pollution Control Act" has the same
meaning as in section 6111.01 of the Revised Code.
(B) "Installation permit" has the same meaning as in section
903.01 of the Revised Code.
(C) "NPDES permit" means a permit issued under the national
pollutant discharge elimination system established in section 402
of the Federal Water Pollution Control Act and includes the
renewal of such a permit.
(D) "Rule" or "rules" mean rules adopted by the chief of the
division of mineral resources management under section 1513.57 of
the Revised Code.
(E) "Section 401 water quality certification" means
certification issued pursuant to section 401 of the Federal Water
Pollution Control Act, sections 1513.51 and 1513.52 of the Revised
Code, and rules that any discharge related to a coal mining and
reclamation operation will comply with sections 301, 302, 303,
306, and 307 of the Federal Water Pollution Control Act.
Sec. 1513.51. Notwithstanding Chapter 6111. of the Revised
Code and on and after the effective date of the rules adopted by
the chief of the division of mineral resources management, the
operator of a coal mining and reclamation operation that is
required to obtain a federal license or permit for which a section
401 water quality certification is a prerequisite shall obtain
that certification from the chief. After the rules are adopted, if
a coal mining and reclamation operation includes a project for
which a section 401 water quality certification is required, the
director of environmental protection shall not issue the
certification. Instead, the certification shall be issued by the
chief in accordance with section 1513.52 of the Revised Code and
rules.
Sec. 1513.52. (A) The operator of a coal mining and
reclamation operation that includes a project for which a section
401 water quality certification is required shall submit an
application for the certification on a form
provided by the chief
of the division of mineral resources
management. If a section 401
water quality certification is required in order for a person to
receive a coal mining and reclamation permit, the application for
the section 401 water quality certification shall be submitted
contemporaneously with the application for the coal mining and
reclamation permit. The application for the section 401 water
quality certification
shall include all information that is
required on the form as
well as all of the following:
(1) A copy of a letter from the United States army corps of
engineers documenting its jurisdiction over the wetlands, streams,
or other waters of the state that are the subject of the section
401 water quality certification application;
(2) If the project involves impacts to a wetland, a wetland
characterization analysis consistent with the Ohio rapid
assessment method;
(3) A specific and detailed mitigation proposal, including
the location and proposed legal mechanism for protecting the
property in perpetuity;
(6) Adequate documentation confirming that the applicant has
requested comments from appropriate divisions in the department of
natural resources and the United States fish and wildlife service
regarding threatened and endangered species, including the
presence or absence of critical habitat;
(7) Descriptions, schematics, and appropriate economic
information concerning the applicant's preferred alternative,
nondegradation alternatives, and minimum degradation alternatives
for the design and operation of the project;
(8) The applicant's investigation report of the waters of the
United States in support of a section 404 permit application
concerning the project;
(9) A copy of the United States army corps of engineers'
public notice regarding the section 404 permit application
concerning the project.
(B) Not later than fifteen business days after the receipt of
an application for a section 401 water quality certification, the
chief shall review the application to determine if it is complete
and shall notify the applicant in writing as to whether the
application is complete. If the chief fails to notify the
applicant within fifteen business days regarding the completeness
of the application, the application is considered complete. If the
chief determines that the application is not complete, the chief
shall include with the written notification an itemized list of
the information or materials that are necessary to complete the
application. If the applicant fails to provide the information or
materials within sixty days after the chief's receipt of the
application, the chief may return the incomplete application to
the applicant and take no further action on the application. If
the application is returned to the applicant because it is
incomplete, the chief shall return any application fee levied by
rules.
(C) Not later than twenty-one days after a determination that
an application is complete under division (B) of this section, the
applicant shall publish public notice of the chief's receipt of
the complete application in a newspaper of general circulation in
the county in which the project that is the subject of the
application is located. The public notice shall be in a form
acceptable to the chief. The applicant shall promptly provide the
chief with proof of publication.
The chief shall apply the antidegradation policy adopted
under section 6111.12 of the Revised Code to certifications issued
under this section to the same degree and under the same
circumstances as it applies to permits issued under Chapter 6111.
of the Revised Code.
(D) If the chief determines that there is significant public
interest in a public hearing as evidenced by the public comments
received concerning the application and by other requests for a
public hearing on the application, the chief or the chief's
representative shall conduct a public hearing concerning the
application. Notice of the public hearing shall be published by
the applicant, subject to review and approval by the chief, at
least thirty days prior to the date of the hearing in a newspaper
of general circulation in the county in which the project that is
the subject of the application is to take place. If a public
hearing is requested concerning an application, the chief shall
accept comments concerning the application until five business
days after the public hearing. A public hearing conducted under
this division shall take place not later than one hundred days
after the application is determined to be complete.
(E) The chief shall forward all public comments concerning an
application submitted under this section that are received through
the public involvement process required by this section and rules
to the applicant not later than five business days after receipt
of the comments by the chief.
(F) The applicant shall respond in writing to written
comments or to deficiencies identified by the chief during the
course of reviewing the application not later than fifteen days
after receiving or being notified of them.
(G) The chief shall issue or deny a section 401 water quality
certification not later than one hundred eighty days after the
complete application for the certification is received. The chief
shall provide an applicant for a section 401 water quality
certification with an opportunity to review the certification
prior to its issuance.
(H) The director of environmental protection shall provide
the chief with access to the database established under section
6111.30 of the Revised Code that includes environmentally
beneficial water restoration and protection projects that may
serve as potential mitigation projects for projects in the state
for which a section 401 water quality certification is required.
(I) Notwithstanding any other provision of this chapter,
appeals of actions of the chief regarding section 401 water
quality certifications shall be made to the
reclamation commission
under section 1513.13 of the
Revised Code.
Sec. 1513.53. (A)(1) Not later than one hundred eighty days
after the effective date of this section, the chief of the
division of mineral resources management shall prepare a program
for the issuance of permits to install for disposal systems at
coal mining and reclamation operations under this section.
(2) On and after the date on which the chief has finalized
the program required under division (A)(1) of this section, no
person shall modify an existing or construct a new disposal system
at a coal mining and reclamation operation without first obtaining
a permit to install issued by the chief under this section.
(B) The chief or the chief's authorized representative may
help an applicant for a permit to install during the permitting
process by providing guidance and technical assistance.
(C) An applicant for a permit to install shall submit an
application to the chief on a form that the chief prescribes and
provides together with a fee in an amount established by rule. The
applicant shall include with the application all of the following
information:
(1) The name and address of the applicant, of all partners if
the applicant is a partnership or of all officers and directors if
the applicant is a corporation, and of any other person who has a
right to control or in fact controls management of the applicant
or the selection of officers, directors, or managers of the
applicant;
(2) Designs and plans for the proposed construction of the
disposal system that include the proposed location of the
construction, design and construction plans and specifications,
anticipated beginning and ending dates for work performed, and any
other information that the chief requires by rule;
(3) A statement of the quantity of water that the disposal
system will utilize on an average daily and annual basis, a
detailed description of the basis for the calculation utilized in
determining the quantity of water utilized, and a statement
identifying the source for the water;
(4) Any other information required by rule.
Information required to be included in an application for the
modification of a permit to install, together with the applicable
fee amount, shall be established in rules.
(D) The chief shall issue permits to install in accordance
with rules. The chief shall deny a permit to install if either of
the following applies:
(1) The permit application contains misleading or false
information.
(2) The designs and plans fail to conform to best management
practices.
Additional grounds for the denial of a permit to install
shall be those established in rules.
(E) A permit to install shall expire after a period specified
by the chief unless the applicant has undertaken a continuing
program of construction or has entered into a binding contractual
obligation to undertake and complete a continuing program of
construction within a reasonable time. The chief may extend the
expiration date of a permit to install upon request of the
applicant.
(F) The chief may modify, suspend, or revoke a permit to
install in accordance with rules.
(G) Notwithstanding any other provision of this chapter,
appeals of actions of the chief regarding permits to install shall
be made to the reclamation commission under
section 1513.13 of
the Revised Code.
Sec. 1513.54. (A) On and after the date on which the chief
of the division of mineral resources management has finalized the
program required under division (A)(1) of section 1513.53 of the
Revised Code, the authority to enforce terms and conditions of
installation permits that previously were issued to coal mining
and reclamation operations shall be transferred from the director
of environmental protection to the chief. Thereafter, the director
of environmental protection shall have no authority to enforce the
terms and conditions of those installation permits. On and after
the date on which the chief has finalized the program required
under division (A)(1) of section 1513.53 of the Revised Code, an
installation permit concerning which enforcement authority has
been transferred shall be deemed to have been issued under that
section.
(B) Not later than two years after the date on which the
chief has finalized the program required under division (A)(1) of
section 1513.53 of the Revised Code, the chief shall review the
installation permit that previously was issued to a coal mining
and reclamation operation and shall inspect the operation to
determine if it is in compliance with that permit.
Sec. 1513.55. (A)(1) The chief of the division of mineral
resources management is authorized to participate in the national
pollutant discharge elimination system in accordance with the
Federal Water Pollution Control Act with respect to coal mining
and reclamation operations. Not later than one hundred eighty days
after the effective date of this section, the chief shall prepare
a state program in accordance with 40 C.F.R. 123.21 for coal
mining and reclamation operations at which point sources are
located and shall submit the program to the United States
environmental protection agency for approval.
(2) On and after the date on which the United States
environmental protection agency approves the state program
submitted under division (A)(1) of this section, the authority to
enforce terms and conditions of NPDES permits previously issued to
operators of coal mining and reclamation operations under division
(J) of section 6111.03 of the Revised Code for discharges into the
waters of the state is transferred from the director of
environmental protection to the chief of the division of mineral
resources management. Thereafter, the director of environmental
protection shall have no authority to enforce the terms and
conditions of those NPDES permits. After the transfer of authority
under division (A)(2) of this section, the NPDES permits
concerning which authority has been transferred shall be
considered to have been issued under this section.
(B)(1) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the chief of the division of mineral resources
management under this section, no coal mining and reclamation
operation shall discharge wastes of any sort from a point source
into the waters of the state without first obtaining a NPDES
permit issued by the chief under this section. The chief is
authorized to issue, revoke, modify, or deny such an individual
NPDES permit as defined in rules or issue, revoke, or deny
coverage under a general NPDES permit as defined in rules in
compliance with all requirements of the Federal Water Pollution
Control Act. Violation of division (B)(1) of this section is
hereby declared to be a public nuisance for purposes of state
enforcement of this section.
(2) Coal mining and reclamation operations that have been
issued a NPDES permit by the director of environmental protection
under division (J) of section 6111.03 of the Revised Code for
discharges into the waters of the state prior to the date on which
the United States environmental protection agency approves the
NPDES program submitted by the chief under this section may
continue to operate under that NPDES permit until it expires or is
modified or revoked. Such a NPDES permit shall be enforced by the
chief upon the transfer of authority to enforce the terms and
conditions of the NPDES permit under division (A)(2) of this
section.
(C)(1) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the chief under this section, no person shall
discharge storm water resulting from a coal mining and reclamation
operation without first obtaining a NPDES permit issued by the
chief in accordance with rules when such a NPDES permit is
required by the Federal Water Pollution Control Act. Violation of
division (C)(1) of this section is hereby declared to be a public
nuisance for purposes of state enforcement of this section.
(2) Persons that have been issued a NPDES permit by the
director of environmental protection under Chapter 6111. of the
Revised Code for the discharge of storm water from a coal mining
and reclamation operation prior to the date on which the United
States environmental protection agency approves the NPDES program
submitted by the chief under this section may continue to operate
under that NPDES permit until it expires or is modified or
revoked. Such a NPDES permit shall be enforced by the chief upon
the transfer of authority to enforce the terms and conditions of
the NPDES permit under division (A)(2) of this section.
(D) In accordance with rules, an applicant for a NPDES permit
issued under this section shall submit a fee in an amount
established by rule together with, except as otherwise provided in
division (F) of this section, an application for the NPDES permit
to the chief on a form prescribed by the chief. The application
shall include any information required by rule. The chief or the
chief's authorized representative may help an applicant for a
NPDES permit during the application process by providing guidance
and technical assistance.
(E) The chief shall issue NPDES permits in accordance with
this section and section 1513.56 of the Revised Code. The chief
shall deny an application for a NPDES permit if any of the
following applies:
(1) The application contains misleading or false information.
(2) The administrator of the United States environmental
protection agency objects in writing to the issuance of the NPDES
permit in accordance with section 402(d) of the Federal Water
Pollution Control Act.
(3) The chief determines that the proposed discharge or
source would conflict with an areawide waste treatment management
plan adopted in accordance with section 208 of the Federal Water
Pollution Control Act.
Additional grounds for the denial of a NPDES permit shall be
those established in rules.
(F) To the extent consistent with the Federal Water Pollution
Control Act, the chief shall issue general NPDES permits that will
apply in lieu of individual NPDES permits for categories of point
sources from coal mining and reclamation operations for which the
chief determines that all of the following apply:
(1) Any discharges authorized by a general NPDES permit will
have only minimal cumulative adverse effects on the environment
when the discharges are considered collectively and individually.
(2) The discharges are more appropriately authorized by a
general NPDES permit than by an individual NPDES permit.
(3) Each category of point sources satisfies the criteria
established in rules.
A person who is required to obtain a NPDES permit shall
submit to the chief a notice of the person's intent to be covered
under an existing general NPDES permit or, at the person's option,
an application for an individual NPDES permit. Upon receipt of a
notice of intent for coverage under an existing general NPDES
permit, the chief shall notify the applicant in writing that the
person is covered by the general NPDES permit if the person
satisfies the criteria established in rules for eligibility for
such coverage. If the person is ineligible for coverage under the
general NPDES permit, the chief shall require the submission of an
application for an individual NPDES permit.
(G) The chief shall establish terms and conditions of NPDES
permits in accordance with rules. Terms and conditions shall be
designed to achieve and maintain full compliance with national
effluent limitations, national standards of performance for new
sources, the most current water quality standards adopted under
section 6111.041 of the Revised Code, the most current
antidegradation policy adopted under section 6111.12 of the
Revised Code, and other requirements of the Federal Water
Pollution Control Act. In establishing the terms and conditions of
a NPDES permit, the chief, to the extent consistent with that act,
shall consider technical feasibility and economic costs and shall
allow a reasonable period of time for coming into compliance with
the NPDES permit.
(H) A NPDES permit may be issued under this section for a
period not to exceed five years.
(I) A NPDES permit issued under this section may be renewed.
An application for renewal of a NPDES permit shall be submitted to
the chief at least one hundred eighty days prior to the expiration
date of the NPDES permit and shall comply with the requirements
governing applications for NPDES permits established under this
section and by rule.
(J)(1) No person shall make any false statement,
representation, or certification in an application for a NPDES
permit or in any form, notice, or report required to be submitted
to the chief pursuant to terms and conditions established in a
NPDES permit issued under this section.
(2) No person shall render inaccurate any monitoring method
or device that is required under the terms and conditions of a
NPDES permit issued under this section.
(K)(1) The chief may modify, suspend, or revoke a NPDES
permit issued under this section for cause as established by
rules. No NPDES permit issued under this section shall be
modified, suspended, or revoked without a written order stating
the findings that led to the modification, suspension, or
revocation. In addition, the permittee has a right to an
administrative hearing in accordance with Chapter 119. of the
Revised Code, except that section 119.12 of the Revised Code does
not apply.
(2) Notwithstanding any other provision of this chapter,
appeals of actions of the chief regarding NPDES permits shall be
made to the reclamation commission under section 1513.13 of the
Revised Code.
(L)(1) No person shall violate any effluent limitation
established by rules.
(2) No person shall violate any other provision of a NPDES
permit issued under this section.
(3) Compliance with a NPDES permit issued under this section
constitutes compliance with this section.
(M) This section, including the state program authorized in
division (A)(1) of this section, shall be administered in a manner
consistent with the Federal Water Pollution Control Act.
Sec. 1513.56. (A) Prior to issuing or modifying a NPDES
permit, the chief of the division of mineral resources management
shall issue a draft NPDES permit. The chief or the chief's
representative shall mail notice of the issuance of a draft NPDES
permit to the applicant and shall publish the notice once in a
newspaper of general circulation in the county in which the coal
mining and reclamation operation is located or proposed to be
located. The chief shall mail notice of the issuance of a draft
NPDES permit and a copy of the draft NPDES permit to the board of
county commissioners of the county and the board of township
trustees of the township in which the operation is located or
proposed to be located. The chief or the chief's representative
also shall provide notice of the issuance of a draft NPDES permit
to any other persons that are entitled to notice under the Federal
Water Pollution Control Act. Notice of the issuance of a draft
NPDES permit shall include the address where written comments
concerning the draft NPDES permit may be submitted and the period
of time during which comments will be accepted as established by
rule.
If the chief receives written comments in an amount that
demonstrates significant public interest, as defined by rule, in
the draft NPDES permit, the chief shall schedule one public
meeting to provide information to the public and to hear comments
pertinent to the draft NPDES permit. The notice of the public
meeting shall be provided in the same manner as the notice of the
issuance of the draft NPDES permit.
(B) The chief shall apply the antidegradation policy adopted
under section 6111.12 of the Revised Code to NPDES permits issued
under this section and section 1513.55 of the Revised Code to the
same degree and under the same circumstances as it applies to
permits issued under Chapter 6111. of the Revised Code. The chief
shall hold one public meeting to consider antidegradation issues
when such a meeting is required by the antidegradation policy.
When allowed by the antidegradation policy, the chief shall hold
the public meeting on antidegradation issues concurrently with any
public meeting held for the draft NPDES permit.
(C) The chief or the chief's representative shall publish
notice of the issuance of a final NPDES permit once in a newspaper
of general circulation in the county in which the coal mining and
reclamation operation is located or is proposed to be located.
(D) Failure of the chief to provide notice or a public
meeting shall invalidate a NPDES permit only if the failure is
raised by, and was relied upon to the detriment of, a person that
is entitled to appeal the NPDES permit. Notice of a public meeting
is not required for the modification of a NPDES permit made with
the consent of the permittee for the correction of typographical
errors.
(E) The denial, modification, suspension, or revocation of a
NPDES permit without the consent of the applicant or permittee
shall be preceded by a proposed action stating the chief's
intention to issue an order with respect to the NPDES permit and
the reasons for it.
(F) The chief shall mail to the applicant or the permittee
notice of the chief's proposed action to deny, suspend, or revoke
a NPDES permit. The chief shall publish the notice once in a
newspaper of general circulation in the county in which the coal
mining and reclamation operation is located or proposed to be
located. The chief shall mail a copy of the notice of the proposed
action to the board of county commissioners of the county and to
the board of township trustees of the township in which the coal
mining and reclamation operation is located or proposed to be
located. The chief also shall provide notice of the chief's
proposed action to deny, suspend, or revoke a NPDES permit to any
other person that is entitled to notice under the Federal Water
Pollution Control Act. The notice of the chief's proposed action
to deny, suspend, or revoke a NPDES permit shall include the
address where written comments concerning the chief's proposed
action may be submitted and the period of time during which
comments will be accepted as established by rule. If the chief
receives written comments in an amount that demonstrates
significant public interest, as defined by rule, the chief shall
schedule one public meeting to provide information to the public
and to hear comments pertinent to the proposed action. The notice
of the public meeting shall be provided in the same manner as the
notice of the chief's proposed action.
(G) The chief shall not issue an order that makes the
proposed action final until the applicant or permittee has had an
opportunity for an adjudication hearing in accordance with Chapter
119. of the Revised Code, except that section 119.12 of the
Revised Code does not apply.
(H) In the case of the transfer of ownership of a coal mining
and reclamation operation for which a NPDES permit has been
issued, the NPDES permit shall be transferred in accordance with
rules.
(I) Applications for NPDES permits for the discharge of storm
water resulting from a coal mining and reclamation operation that
is pending before the director of environmental protection on the
date on which the United States environmental protection agency
approves the NPDES program submitted by the chief under section
1513.55 of the Revised Code shall be transferred to the chief.
Sec. 1513.57. The chief of the division of mineral resources
management shall adopt rules in accordance with Chapter 119. of
the Revised Code that do all of the following:
(A) Establish requirements and procedures for the issuance of
section 401 water quality certifications to coal mining and
reclamation operations, including procedures for public notice and
public hearings in addition to those established in section
1513.52 of the Revised Code. The rules adopted under division (A)
of this section shall be substantially similar to rules governing
section 401 water quality certifications adopted by the director
of environmental protection under Chapter 6111. of the Revised
Code. In addition, the rules shall establish a schedule of fees to
be charged for the issuance of section 401 water quality
certifications.
(B) Establish any procedures and requirements necessary for
the transfer of the section 401 water quality certification
program with respect to coal mining and reclamation operations
from the environmental protection agency to the division of
mineral resources management. The chief shall adopt rules under
division (B) of this section in consultation with the director of
environmental protection, the United States army corps of
engineers, and the United States environmental protection agency.
(C) Establish all of the following concerning permits to
install:
(1) A description of what constitutes a modification of a
disposal system at a coal mining and reclamation operation;
(2) The amount of the fee that must be submitted with each
application for a permit to install and each application for a
modification of a permit to install;
(3) Information that must be included in the designs and
plans required to be submitted with an application for a permit to
install and criteria for approving, disapproving, or requiring
modification of the designs and plans;
(4) Information that must be included in an application for
the modification of a permit to install;
(5) Any additional information that must be included with an
application for a permit to install;
(6) Procedures for the issuance, denial, modification,
transfer, suspension, and revocation of permits to install;
(7) Grounds for the denial, modification, suspension, or
revocation of permits to install in addition to the grounds
established in division (D) of section 1513.53 of the Revised
Code.
(D) Establish all of the following concerning NPDES permits:
(1) The designation of coal mining and reclamation operations
that are subject to NPDES permit requirements under section
1513.55 of the Revised Code. The designation shall include only
those point sources for which the issuance of NPDES permits is
required under the Federal Water Pollution Control Act.
(2) Effluent limitations governing discharges into waters of
the state that are authorized by NPDES permits;
(3) Variances from effluent limitations and other NPDES
permit requirements to the extent that the variances are
consistent with the Federal Water Pollution Control Act;
(4) Terms and conditions to be included in a NPDES permit,
including, as applicable, best management practices; installation
of discharge or water quality monitoring methods or equipment;
creation and retention of records; submission of periodic reports;
schedules of compliance; and authorized duration and frequency of
any discharges into waters of the state;
(5) Procedures for the submission of applications for NPDES
permits and notices of intent to be covered by general NPDES
permits, including information that must be included in the
applications and notices;
(6) The amount of the fee that must be submitted with an
application for a NPDES permit;
(7) Procedures for processing NPDES permit applications,
including public notice and participation requirements;
(8) Procedures for notifying the United States environmental
protection agency of the submission of NPDES permit applications,
the chief's action on those applications, and any other reasonable
and relevant information;
(9) Procedures for notifying and receiving and responding to
recommendations from other states whose waters may be affected by
the issuance of a NPDES permit;
(10) Procedures for the transfer of NPDES permits to new
operators;
(11) Grounds and procedures for the issuance, denial,
modification, suspension, or revocation of NPDES permits,
including general NPDES permits;
(12) A definition of "general NPDES permit" that establishes
categories of sources to be covered under such a permit and a
definition of "individual NPDES permit" together with the criteria
for issuing a general NPDES permit and the criteria for
determining a person's eligibility to discharge under a general
NPDES permit.
The rules adopted under division (D) of this section shall be
consistent with the requirements of the Federal Water Pollution
Control Act.
(E) Establish public notice and participation requirements,
in addition to the procedures established in rules adopted under
division (D)(7) of this section, for the issuance, denial,
modification, transfer, suspension, and revocation of NPDES
permits, including a definition of what constitutes significant
public interest for the purposes of divisions (A) and (F) of
section 1513.56 of the Revised Code and procedures for public
meetings. The rules shall require that information that is
presented at such a public meeting be limited to the criteria that
are applicable to the NPDES permit application that is the subject
of the public meeting.
(F) Civil penalties for violations of sections 1513.50 to
1513.57 of the Revised Code and rules;
(G) Procedures for streamlining and combining procedures for
the issuance of section 401 water quality certifications, permits
to install, and NPDES permits under sections 1513.50 to 1513.57 of
the Revised Code when appropriate;
(H) Any other procedures or requirements that the chief
determines to be necessary to implement sections 1513.50 to
1513.59 of the Revised Code.
Sec. 1513.58. (A) The attorney general, upon the request of
the chief of the division of mineral resources management, shall
prosecute to termination or bring an action for injunction against
any person who has violated, is violating, or is threatening to
violate sections 1513.50 to 1513.57 of the Revised Code, rules, or
terms or conditions of a section 401 water quality certification,
permit to install, NPDES permit, or order of the chief issued
under those sections. The court of common pleas in which an action
for injunction is filed has the jurisdiction to and shall grant
preliminary and permanent injunctive relief upon a showing that
the person against whom the action is brought has violated, is
violating, or is threatening to violate any of those sections,
rules, the terms or conditions of a certification or permit, or an
order of the chief.
(B) If the chief determines that any person has violated or
is violating sections 1513.50 to 1513.57 of the Revised Code, a
rule, or a term or condition of a certification, permit, or order
of the chief issued under those sections, the chief may request in
writing that the attorney general bring an action for civil
penalties in a court of competent jurisdiction. The court may
impose on the person a civil penalty in an amount established in
rules for each day of each violation.
(C) Money resulting from civil penalties imposed as a result
of an action brought under this section shall be deposited in the
state treasury to the credit of the coal mining administration and
reclamation reserve fund created in section 1513.181 of the
Revised Code.
(D) The enforcement procedures and requirements established
in this section apply to the enforcement of sections 1513.50 to
1513.57 of the Revised Code. No other enforcement procedures and
requirements established in this chapter apply to violations of
sections 1513.50 to 1513.57 of the Revised Code, rules, or terms
or conditions of a section 401 water quality certification, permit
to install, NPDES permit, or order of the chief issued under those
sections.
Sec. 1513.59. All money from fees collected under sections
1513.50 to 1513.57 of the Revised Code shall be deposited in the
state treasury to the credit of the coal mining administration and
reclamation reserve fund created in section 1513.181 of the
Revised Code.
Sec. 1513.99. (A) Whoever violates division (A)(1), (2),
(3), (4), or (5) of
section 1513.17 of the Revised Code shall be
fined not less than one hundred
nor more than ten thousand
dollars, imprisoned for not more than one year, or
both.
(B) Whoever knowingly violates section 1513.04 of the Revised
Code
shall be
fined not more than two thousand five hundred
dollars, imprisoned
not more
than one year, or both.
(C) Whoever violates division (A)(6) of section 1513.17 of
the Revised Code shall be fined not less than one hundred nor
more
than one thousand dollars.
(D) Whoever violates division (A)(2) of section 1513.53 of
the Revised Code is guilty of a misdemeanor of the third degree on
a first offense, a misdemeanor of the second degree on a second
offense, and a misdemeanor of the first degree on a third or
subsequent offense. Each ten-day period that the offense continues
constitutes a separate offense.
(E) Whoever violates the terms and conditions of a permit to
install issued under section 1513.53 of the Revised Code or the
provisions of a NPDES permit issued under section 1513.55 of the
Revised Code shall be fined not more than twenty-five thousand
dollars. Each day of violation constitutes a separate offense.
(F) Whoever violates division (J) of section 1513.55 of the
Revised Code shall be fined not more than twenty-five thousand
dollars. Each day of violation constitutes a separate offense.
Sec. 3745.114. (A) A person that applies for a section 401
water quality certification under Chapter 6111. of the Revised
Code and rules adopted under it shall pay an application fee of
two hundred dollars at the time of application plus any of the
following fees, as applicable:
(1) If the water resource to be impacted is a wetland, a
review fee of five hundred dollars per acre of wetland to be
impacted;
(2) If the water resource to be impacted is a stream one of
the following fees, as applicable:
(a) For an ephemeral stream, a review fee of five dollars per
linear foot of stream to be impacted, or two hundred dollars,
whichever is greater;
(b) For an intermittent stream, a review fee of ten dollars
per linear foot of stream to be impacted, or two hundred dollars,
whichever is greater;
(c) For a perennial stream, a review fee of fifteen dollars
per linear foot of stream to be impacted, or two hundred dollars,
whichever is greater.
(3) If the water resource to be impacted is a lake, a review
fee of three dollars per cubic yard of dredged or fill material to
be moved.
(B) One-half of all applicable review fees levied under this
section shall be due at the time of application for a section 401
water quality certification. The remainder of the fees shall be
paid upon the final disposition of the application for a section
401 water quality certification. The total fee to be paid under
this section shall not exceed twenty-five thousand dollars per
application. However, if the applicant is a county, township, or
municipal corporation in this state, the total fee to be paid
shall not exceed five thousand dollars per application.
(C) All money collected under this section shall be
transmitted 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.
(D) The fees established under this section do not apply to
any state agency as defined in section 119.01 of the Revised Code
or to the United States army corps of engineers.
(E) The fees established under this section do not apply to
projects that are authorized by the environmental protection
agency's general certifications of nationwide permits or general
permits issued by the United States army corps of engineers. As
used in this division, "general permit" and "nationwide permit"
have the same meanings as in rules adopted under Chapter 6111. of
the Revised Code.
(F) Coal mining and reclamation operations that are
authorized under Chapter 1513. of the Revised Code are exempt from
the fees established under this section for one year after the
effective date of this amendment.
(G) As used in this section:
(1) "Ephemeral stream" means a stream that flows only in
direct response to precipitation in the immediate watershed or in
response to the melting of a cover of snow and ice and that has
channel bottom that is always above the local water table.
(2) "Intermittent stream" means a stream that is below the
local water table and flows for at least a part of each year and
that obtains its flow from both surface runoff and ground water
discharge.
(3) "Perennial stream" means a stream or a part of a stream
that flows continuously during all of the calendar year as a
result of ground water discharge or surface water runoff.
"Perennial stream" does not include an intermittent stream or an
ephemeral stream.
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 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 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, that are advisable and necessary for the
discharge of the
director's
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 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 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
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)(1) 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.
Any
Any person who discharges, transports, or handles storm water
from
an animal feeding facility, as defined in section 903.01 of
the
Revised Code, or manure, as defined in that section, is
not
required to obtain a permit under division (J)(1) of this section
for the installation or modification of a disposal system
involving manure or storm water or any parts of such a system on
and after the date on which the director of agriculture has
finalized the program required under division (A)(1) of section
903.02 of the Revised Code. In addition, any person who
discharges, transports, or handles storm water from an animal
feeding facility, as defined in section 903.01 of the revised
code
Revised Code, or manure, as defined in that section, is not
required to
obtain a permit under division (J)(1) of this section
for the
discharge of storm water or manure on and after the date
on which
the United States environmental protection agency
approves
the
NPDES program submitted by the director of
agriculture under
section 903.08 of the Revised Code.
A coal mining and reclamation operation that is regulated
under Chapter 1513. of the Revised Code and that discharges
sewage, industrial waste, or other wastes into the waters of the
state is not required to obtain a permit under division (J)(1) of
this section for that discharge on and after the date on which the
United States environmental protection agency approves the NPDES
program submitted by the chief of the division of mineral
resources management in the department of natural resources under
section 1513.55 of the Revised Code.
Any permit terms and conditions set by the director 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. 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.
A sludge management permit is not required for an entity that
treats or transports sewage sludge or for a sanitary landfill when
all
of the following apply:
(a) The entity or sanitary landfill does not generate the
sewage
sludge.
(b) Prior to receipt at the sanitary landfill, the entity
has
ensured that the sewage sludge meets the requirements
established
in rules
adopted by the director under section
3734.02
of the
Revised Code concerning disposal of municipal
solid
waste
in a
sanitary landfill.
(c) Disposal of the sewage sludge occurs at a sanitary
landfill
that complies with rules adopted by the director under
section 3734.02 of
the Revised Code.
As used in division (J)(1) of this section, "sanitary
landfill"
means a sanitary landfill facility, as defined in rules
adopted under
section 3734.02 of the Revised Code, that is
licensed as a
solid waste facility under section 3734.05 of the
Revised Code.
(2) An application for a
permit or renewal thereof shall be
denied if any of the following applies:
(a) The secretary of the army determines in writing that
anchorage or navigation would be substantially impaired thereby;
(b) The director determines that the proposed discharge or
source would conflict with an areawide waste treatment
management
plan adopted in accordance with section 208 of the
Federal Water
Pollution Control Act;
(c) 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;
(d) 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.
(3) 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,
307, and 405 of the Federal Water
Pollution
Control Act and,
to
the extent consistent with that act, shall give
consideration
to, and
base 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.
(4) 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.
(5) 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 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 a complete application with all plans,
specifications, construction schedules, and other pertinent
information required by the director is received.
(6) The director may
condition
permits upon the installation
of discharge or water quality
monitoring equipment or devices and
the filing of periodic
reports on the amounts and contents of
discharges and the quality
of receiving waters that the director
prescribes. The
director
shall condition each permit for a
government-owned disposal
system or any other "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.
(7) 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
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,
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 methods, at locations, at
intervals, and in a
manner that the
director determines; and
provide other information
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 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)(1) Administer and
enforce a program for the regulation
of
sludge management in
this state.
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:
(a) Develop plans and programs for the disposal and
utilization of sludge and sludge materials;
(b) 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;
(c) 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;
(d) 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;
(e) 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.
(2) As a part of the program established under division
(S)(1) of
this section, the director has exclusive authority to
regulate sewage sludge
management in this state. For purposes of
division (S)(2) of this
section, that 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 sewage
sludge and
sewage sludge materials and establishing acceptable sewage sludge
management practices and pollutant levels in sewage sludge and
sewage sludge
materials.
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
disposal
systems
and related management and conservation
practices
subject
to rules
adopted pursuant to division (E)(4) of section
1511.02 of
the
Revised Code.
However, until the
date on
which
the United States
environmental protection agency
approves
the
NPDES program
submitted by the director of
agriculture under
section 903.08 of
the Revised Code, this
exclusion does not
apply
to animal waste
treatment works having a
controlled direct
discharge to the waters
of the state or any concentrated animal feeding operation, as
defined in 40 C.F.R. 122.23(b)(2). On and
after the date on
which
the United States environmental protection
agency
approves
the
NPDES program submitted by the director of
agriculture under
section 903.08 of the Revised Code, this section
does not
apply
to
storm water from an animal feeding facility, as
defined in section
903.01 of the Revised Code, or to manure, as
defined in that
section. Neither of these exclusions applies
to
the discharge of
animal waste into a publicly owned treatment
works.
Sec. 6111.035. (A) The director of environmental
protection,
consistent with the Federal Water Pollution Control
Act and the
regulations adopted thereunder, without application
therefor, may
issue, modify, revoke, or terminate a general
permit
under this
chapter for both of the following:
(1) Discharge of stormwater; the discharge of liquids,
sediments, solids, or water-borne mining related waste, such as,
but not limited to, acids, metallic cations, or their salts, from
coal mining and reclamation operations as defined in section
1513.01 of the Revised Code; storm water or treatment works whose
discharge
would have de minimis impact on the waters of the state
receiving
the discharge;
(2) Installation or modification of disposal systems or
any
parts thereof, including disposal systems for stormwater or
for
coal mining and reclamation operations as defined in section
1513.01 of the Revised Code storm water.
A general permit shall apply to a class or category of
discharges or disposal systems or to persons conducting similar
activities, within any area of the state, including the entire
state.
A general permit shall not be issued unless the director
determines that the discharges authorized by the permit will have
only minimal cumulative adverse effects on the environment when
the discharges are considered collectively and individually and
if, in the opinion of the director, the discharges,
installations,
or modifications authorized by the permit are more
appropriately
authorized by a general permit than by an
individual permit.
A general permit shall be issued subject to applicable
mandatory provisions and may be issued subject to any applicable
permissive provision of the Federal Water Pollution Control Act
and the regulations adopted thereunder.
The director, at the director's discretion, may require any
person
authorized to discharge or to install or modify a disposal
system
under a general permit to apply for and obtain an
individual
permit for the discharge, installation, or
modification. When a
particular discharge, installation, or
modification is subject to
an individual permit, a general permit
shall not apply to that
discharge, installation, or modification
until the individual
permit is revoked, terminated, or modified to
exclude the
discharge, installation, or modification.
(B) Notwithstanding any requirement under Chapter 119. of
the
Revised Code concerning the manner in which notice of a
permit
action is provided, the director shall not be required to
provide
certified mail notice to persons subject to the issuance,
modification, revocation, or termination of a general permit
under
division (A) of this section.
Notwithstanding section 3745.07 of the Revised Code
concerning the location of newspapers in which notices of
permit
actions are published, the director shall cause notice of the
issuance, modification, revocation, or termination of a general
permit to be published in the newspapers of general circulation
determined by the director to provide reasonable notice to
persons
affected by the permit action in the geographic area
covered by
the general permit within the time periods prescribed
by section
3745.07 of the Revised Code. Any notice under this
section or
section 3745.07 of the Revised Code concerning the
issuance,
modification, revocation, or termination of a general
permit shall
include
a summary of the permit action and instructions on how to
obtain a copy of the full text of the permit action. The
director
may take
other appropriate measures, such as press
releases and
notice to
trade journals, associations, and other
persons known to
the
director to desire notification, in order to
provide notice of
the director's actions concerning the
issuance,
modification,
revocation, or termination of a general permit;
however, the
failure to provide such notice shall not invalidate
any general
permit.
(C) Notwithstanding any other provision of the Revised
Code,
a person subject to the proposed issuance, modification,
revocation, or termination of a general permit under division (A)
of this section may request an adjudication hearing pursuant to
section 119.07 of the Revised Code concerning the proposed action
within thirty days after publication of the notice of the
proposed
action in newspapers of general circulation pursuant to
division
(B) of this section. This division shall not be
interpreted to
affect the authority of the director to take
actions on general
permits in forms other than proposed general
permits.
(D) The director may exercise all incidental powers
required
to carry out this section, including, without
limitation, the
adoption, amendment, and rescission of rules to
implement a
general permit program for classes or categories of
dischargers or
disposal systems.
(E) On and after the date on which the United States
environmental
protection agency approves the NPDES program
submitted by the
director of agriculture under section 903.08 of
the Revised
Code, this section does not apply to storm water from
an animal
feeding facility, as
defined in section 903.01 of the
Revised Code, or to manure,
as defined in
that section.
(F) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the chief of the division of mineral resources
management in the department of natural resources under section
1513.55 of the Revised Code, this section does not apply to the
discharge of storm water or the discharge of liquids, sediments,
solids, or water-borne mining related waste from coal mining and
reclamation operations that are regulated under Chapter 1513. of
the Revised Code.
(G) As used in this section,
"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,
the
"Act of
October 21, 1980," 94 Stat. 2360, 33 U.S.C.A.
1254,
the
"Municipal
Wastewater Treatment Construction Grant
Amendments
of 1981," 95
Stat. 1623, 33 U.S.C.A. 1281, and the
"Water Quality
Act of 1987,"
101 Stat. 7, 33 U.S.C.A. 1251.
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.
(2) Such an action prohibited under division (A)(1) of this
section is hereby declared to be a public
nuisance.
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, unexpired permit,
or renewal of a permit,
governing the causing or
placement 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.
(B) If the director of environmental protection 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
an existing permit without first receiving a
permit from
the
director to do
so.
(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 plans,
specifications, and other information that the director
considers
relevant in connection with the issuance of permits.
(F) This section does not apply to any of the following:
(1) Waters used in washing sand, gravel, other aggregates,
or
mineral products when the washing and the
ultimate disposal
of
the
water used in the washing, including any sewage,
industrial
waste,
or other wastes contained in the waters,
are
entirely
confined to
the land under the control of the person
engaged in
the recovery
and processing of the sand, gravel,
other aggregates,
or mineral
products and do not result in the
pollution of waters
of the
state;
(2) Water, gas, or other material injected into a well to
facilitate, or 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. 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.
(3) Application of any materials to land for agricultural
purposes or runoff of the materials from
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 1511. of the Revised
Code.
Division (F)(3) of this section does not authorize, without a
permit, any discharge that is prohibited by, or for which a permit
is required by, the Federal Water Pollution Control Act or
regulations adopted under it.
(4) The excrement of domestic and farm animals defecated
on
land or runoff therefrom into any waters of the state. 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, the Federal Water Pollution Control Act or regulations adopted
under it.
(5) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, any discharge that is within the scope of the
approved NPDES program submitted by the director of agriculture;
(6) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
Division (F)(6) of this section does not
authorize any discharge
into a publicly
owned treatment works in violation of a
pretreatment program
applicable to the publicly owned treatment
works.
(7) Septic tanks
or 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
3707.01 of the Revised Code. Division
(F)(7)
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.
(8) 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)(8) of
this
section, "exceptional
quality sludge" has the same meaning as
in
division (Y) of section
3745.11 of the Revised Code.
(9) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the chief of the division of mineral resources
management in the department of natural resources under section
1513.55 of the Revised Code, any discharge that is within the
scope of the approved NPDES program submitted by the chief. The
chief shall administer and enforce NPDES permits within the scope
of that approved NPDES program.
(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 the permit until its
expiration
date. Except as otherwise provided in this division, the director
of environmental protection shall
administer
and enforce those
permits
within this state and may
modify
their terms and
conditions in
accordance with division
(J) of section 6111.03 of
the Revised
Code. On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, the director of agriculture shall administer and
enforce those permits within this state that are issued for any
discharge that is within the scope of the approved NPDES program
submitted by the director of agriculture.
On and after the date on
which the United States environmental protection agency approves
the NPDES program submitted by the chief of the division of
mineral resources management under section 1513.55 of the Revised
Code, the chief shall administer and enforce those permits within
this state that are issued for any discharge that is within the
scope of the approved NPDES program submitted by the chief.
Sec. 6111.30. (A) Applications for a section 401 water
quality certification required under division (P) of section
6111.03 of the Revised Code shall be submitted on forms provided
by the director of environmental protection and shall include all
information required on those forms as well as all of the
following:
(1) A copy of a letter from the United States army corps of
engineers documenting its jurisdiction over the wetlands, streams,
or other waters of the state that are the subject of the section
401 water quality certification application;
(2) If the project involves impacts to a wetland, a wetland
characterization analysis consistent with the Ohio rapid
assessment method;
(3) If the project involves a stream for which a specific
aquatic life use designation has not been made, a use
attainability analysis;
(4) A specific and detailed mitigation proposal, including
the location and proposed legal mechanism for protecting the
property in perpetuity;
(7)(6) Adequate documentation confirming that the applicant
has
requested comments from the department of natural resources
and
the United States fish and wildlife service regarding
threatened
and endangered species, including the presence or
absence of
critical habitat;
(8)(7) Descriptions, schematics, and appropriate economic
information concerning the applicant's preferred alternative,
nondegradation alternatives, and minimum degradation alternatives
for the design and operation of the project;
(9)(8) The applicant's investigation report of the waters of
the
United States in support of a section 404 permit application
concerning the project;
(10)(9) A copy of the United States army corps of engineers'
public notice regarding the section 404 permit application
concerning the project.
(B) Not later than fifteen business days after the receipt of
an application for a section 401 water quality certification, the
director shall review the application to determine if it is
complete and shall notify the applicant in writing as to whether
the application is complete. If the director fails to notify the
applicant within fifteen business days regarding the completeness
of the application, the application is considered complete. If the
director determines that the application is not complete, the
director shall include with the written notification an itemized
list of the information or materials that are necessary to
complete the application. If the applicant fails to provide the
information or materials within sixty days after the director's
receipt of the application, the director may return the incomplete
application to the applicant and take no further action on the
application. If the application is returned to the applicant
because it is incomplete, the director shall return the review fee
levied under division (A)(1), (2), or (3) of section 3745.114 of
the Revised Code to the applicant, but shall retain the
application fee levied under that section.
(C) Not later than twenty-one days after a determination that
an application is complete under division (B) of this section, the
applicant shall publish public notice of the director's receipt of
the complete application in a newspaper of general circulation in
the county in which the project that is the subject of the
application is located. The public notice shall be in a form
acceptable to the director. The applicant shall promptly provide
the director with proof of publication. The applicant may choose,
subject to review by and approval of the director, to include in
the public notice an advertisement for an antidegradation public
hearing on the application pursuant to section 6111.12 of the
Revised Code. There shall be a public comment period of thirty
days following the publication of the public notice.
(D) If the director determines that there is significant
public interest in a public hearing as evidenced by the public
comments received concerning the application and by other requests
for a public hearing on the application, the director or the
director's representative shall conduct a public hearing
concerning the application. Notice of the public hearing shall be
published by the applicant, subject to review and approval by the
director, at least thirty days prior to the date of the hearing in
a newspaper of general circulation in the county in which the
project that is the subject of the application is to take place.
If a public hearing is requested concerning an application, the
director shall accept comments concerning the application until
five business days after the public hearing. A public hearing
conducted under this division shall take place not later than one
hundred days after the application is determined to be complete.
(E) The director shall forward all public comments concerning
an application submitted under this section that are received
through the public involvement process required by rules adopted
under this chapter to the applicant not later than five business
days after receipt of the comments by the director.
(F) The applicant shall respond in writing to written
comments or to deficiencies identified by the director during the
course of reviewing the application not later than fifteen days
after receiving or being notified of them.
(G) The director shall issue or deny a section 401 water
quality certification not later than one hundred eighty days after
the complete application for the certification is received. The
director shall provide an applicant for a section 401 water
quality certification with an opportunity to review the
certification prior to its issuance.
(H) The director shall maintain an accessible database that
includes environmentally beneficial water restoration and
protection projects that may serve as potential mitigation
projects for projects in the state for which a section 401 water
quality certification is required. A project's inclusion in the
database does not constitute an approval of the project.
(I) This section does not apply to coal mining and
reclamation operations that are regulated under Chapter 1513. of
the Revised Code.
(J) As used in this section and sections section 6111.31 and
6111.32 of the Revised Code, "section 401 water quality
certification" means certification pursuant to section 401 of the
Federal Water Pollution Control Act and this chapter and rules
adopted under it that any discharge, as set forth in section 401,
will comply with sections 301, 302, 303, 306, and 307 of the
Federal Water Pollution Control Act.
Sec. 6111.44. (A) Except as otherwise provided in division
(B) of this section, 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 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 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.
In granting an approval, the director may stipulate
modifications, conditions, and
rules 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 the director's
journal. Each period
of thirty days that a
violation of this section continues, after
a conviction for the
violation, constitutes a separate
offense.
(B) Sections 6111.45 and 6111.46 of
the Revised
Code and
division
(A) of this section do not
apply to any of the following:
(1) Sewerage or treatment works for sewage installed or
to
be
installed for the use of a private residence or
dwelling;
(2) Sewerage systems,
treatment
works, or disposal systems
for storm water from an
animal feeding
facility or manure, as
"animal feeding facility"
and "manure" are
defined in section
903.01 of the Revised Code;
(3) Animal waste treatment or disposal works and related
management and conservation practices that are subject to rules
adopted under division (E)(2) of section 1511.02 of the
Revised
Code;
(4) On and after the date on which the chief of the division
of mineral resources management in the department of natural
resources has finalized the permit to install program required
under section 1513.53
of the Revised Code, disposal systems at
coal mining and
reclamation operations that are regulated under
Chapter 1513. of
the Revised Code. The chief shall administer and
enforce permits to install within the scope of that program.
The
exclusions established in divisions (B)(2) and (3) of
this section
do not apply to the construction or installation
of
disposal
systems, as defined in section 6111.01 of the Revised
Code,
that
are located at an animal feeding facility and that
store, treat,
or discharge wastewaters that do not include storm
water or manure
or that discharge to a publicly owned treatment
works.
Section 2. That existing sections 1513.02, 1513.07,
1513.181, 1513.99, 3745.114, 6111.03, 6111.035, 6111.04, 6111.30,
and
6111.44 of the Revised Code are hereby repealed.
Section 3. That the versions of sections 6111.04 and 6111.44
of the Revised Code that are scheduled to take effect July 1,
2009, be amended to read as follows:
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.
(2) Such an action prohibited under division (A)(1) of this
section is hereby declared to be a public
nuisance.
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, unexpired permit,
or renewal of a permit,
governing the causing or
placement 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.
(B) If the director of environmental protection 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
an existing permit without first receiving a
permit from
the
director to do
so.
(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 plans,
specifications, and other information that the director
considers
relevant in connection with the issuance of permits.
(F) This section does not apply to any of the following:
(1) Waters used in washing sand, gravel, other aggregates,
or
mineral products when the washing and the
ultimate disposal
of
the
water used in the washing, including any sewage,
industrial
waste,
or other wastes contained in the waters,
are
entirely
confined to
the land under the control of the person
engaged in
the recovery
and processing of the sand, gravel,
other aggregates,
or mineral
products and do not result in the
pollution of waters
of the
state;
(2) Water, gas, or other material injected into a well to
facilitate, or 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. 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.
(3) Application of any materials to land for agricultural
purposes or runoff of the materials from
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 1511. of the Revised
Code.
Division (F)(3) of this section does not authorize, without a
permit, any discharge that is prohibited by, or for which a permit
is required by, the Federal Water Pollution Control Act or
regulations adopted under it.
(4) The excrement of domestic and farm animals defecated
on
land or runoff therefrom into any waters of the state. 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, the Federal Water Pollution Control Act or regulations adopted
under it.
(5) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, any discharge that is within the scope of the
approved NPDES program submitted by the director of agriculture;
(6) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
Division (F)(6) of this section does not
authorize any discharge
into a publicly
owned treatment works in violation of a
pretreatment program
applicable to the publicly owned treatment
works.
(7) A household sewage treatment system or a
small flow
on-site sewage treatment system, as applicable, as
defined in
section 3718.01 of the Revised Code that is installed
in
compliance with Chapter
3718. of the Revised Code and rules
adopted under it. Division
(F)(7)
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.
(8) 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)(8) of
this
section, "exceptional
quality sludge" has the same meaning as
in
division (Y) of section
3745.11 of the Revised Code.
(9) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the chief of the division of mineral resources
management in the department of natural resources under section
1513.55 of the Revised Code, any discharge that is within the
scope of the approved NPDES program submitted by the chief. The
chief shall administer and enforce NPDES permits within the scope
of that approved NPDES program.
(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 the permit until its
expiration
date. Except as otherwise provided in this division, the director
of environmental protection shall
administer
and enforce those
permits
within this state and may
modify
their terms and
conditions in
accordance with division
(J) of section 6111.03 of
the Revised
Code. On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, the director of agriculture shall administer and
enforce those permits within this state that are issued for any
discharge that is within the scope of the approved NPDES program
submitted by the director of agriculture.
On and after the date on
which the United States environmental protection agency approves
the NPDES program submitted by the chief of the division of
mineral resources management under section 1513.55 of the Revised
Code, the chief shall administer and enforce those permits within
this state that are issued for any discharge that is within the
scope of the approved NPDES program submitted by the chief.
Sec. 6111.44. (A) Except as otherwise provided in division
(B) of this section, 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 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 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.
In granting an approval, the director may stipulate
modifications, conditions, and
rules 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 the director's
journal. Each period
of thirty days that a
violation of this section continues, after
a conviction for the
violation, constitutes a separate
offense.
(B) Sections 6111.45 and 6111.46 of
the Revised
Code and
division
(A) of this section do not
apply to any of the following:
(1) Sewerage or treatment works for sewage installed or
to
be
installed for the use of a private residence or
dwelling;
(2) Sewerage systems,
treatment
works, or disposal systems
for storm water from an
animal feeding
facility or manure, as
"animal feeding facility"
and "manure" are
defined in section
903.01 of the Revised Code;
(3) Animal waste treatment or disposal works and related
management and conservation practices that are subject to rules
adopted under division (E)(2) of section 1511.02 of the
Revised
Code;
(4) Sewerage or treatment works for the on-lot disposal or
treatment of sewage from a small flow on-site sewage treatment
system, as defined in section 3718.01 of the Revised Code, if the
board of health of a city or general health district has notified
the director of health and the director of environmental
protection under section 3718.021 of the Revised Code that the
board has chosen to regulate the system, provided that the board
remains in compliance with the rules adopted under division
(A)(13) of section 3718.02 of the Revised Code;
(5) On and after the date on which the chief of the division
of mineral resources management in the department of natural
resources has finalized the permit to install program required
under section 1513.53
of the Revised Code, disposal systems at
coal mining and
reclamation operations that are regulated under
Chapter 1513. of
the Revised Code. The chief shall administer and
enforce permits to install within the scope of that program.
The
exclusions established in divisions (B)(2) and (3) of
this section
do not apply to the construction or installation
of
disposal
systems, as defined in section 6111.01 of the Revised
Code,
that
are located at an animal feeding facility and that
store, treat,
or discharge wastewaters that do not include storm
water or manure
or that discharge to a publicly owned treatment
works.
Section 4. That the existing versions of sections 6111.04 and
6111.44 of the Revised Code that are scheduled to take effect July
1, 2009, are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect
July 1, 2009.
Section 6. (A) On the date on which the chief of the
Division of Mineral Resources Management in the Department of
Natural Resources has finalized the program required under
division (A)(1) of section 1513.53 of the Revised Code, as enacted
by this act, the Director of Environmental Protection shall
provide the Chief with both of the following:
(1) Copies of all permits issued under division (J)(1) of
section 6111.03 of the Revised Code for the installation of
disposal systems at coal mining and reclamation operations that
were issued on or before that date together with any related
information that the Chief requests;
(2) All permit applications and accompanying information for
the installation of disposal systems at coal mining and
reclamation operations that were submitted under division (J)(1)
of section 6111.03 of the Revised Code prior to the date specified
in division (A) of this section.
(B) On the date on which the United States Environmental
Protection Agency approves the NPDES program submitted by the
Chief of the Division of Mineral Resources Management under
section 1513.55 of the Revised Code, as enacted by this act, the
Director of Environmental Protection shall provide the Chief with
all of the following:
(1) Copies of all NPDES permits issued under division (J)(1)
of section 6111.03 of the Revised Code applicable to coal mining
and reclamation operations that were issued on or before that date
together with any related information that the Chief requests;
(2) All NPDES permit applications and accompanying
information that pertain to coal mining and reclamation operations
that were submitted under division (J)(1) of section 6111.03 of
the Revised Code prior to the date specified in division (B) of
this section;
(3) Information identifying all coal mining and reclamation
operations that are covered by or have applied for coverage under
a general permit issued under section 6111.035 of the Revised Code
on or prior to the date specified in division (B) of this section,
as applicable.
(C) As used in this section, "coal mining and reclamation
operations" means coal mining and reclamation operations that are
regulated under Chapter 1513. of the Revised Code.
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