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Am. S. B. No. 22 As Enrolled
(129th General Assembly)
(Amended Senate Bill Number 22)
AN ACT
To enact section 6111.60 of the Revised Code to
require the Director of Environmental Protection
to consider, to the extent allowable under the
Federal Water Pollution Control Act, specified
factors before issuing NPDES permits for publicly
owned sewerage systems, requiring and approving
long-term control plans for wet weather discharges
from publicly owned sewerage systems, and
enforcing provisions of that Act as applied to
publicly owned sewerage systems.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 6111.60 of the Revised Code be
enacted to read as follows:
Sec. 6111.60. Before issuing a national pollutant discharge
elimination system permit for discharges from a publicly owned
sewerage system, requiring and approving a long-term control plan
for wet weather discharges from a publicly owned sewerage system,
or enforcing the Federal Water Pollution Control Act as applied to
publicly owned sewerage systems, the director of environmental
protection, to the extent allowable under that act and regulations
adopted under that act, shall consider all of the following, as
applicable, notwithstanding any other provisions of this chapter
to the contrary:
(A) Limitations on the ability of an applicant for a permit
or of a permittee to pay for or to secure money to pay for a
required project;
(B) An evaluation of the effectiveness and cost of a
long-term control plan;
(C) An evaluation of the effectiveness and cost of specific
wet weather flow control technologies;
(D) An evaluation of the impact of a long-term control plan
on the environment as a whole and of the promotion of alternative
control options that will minimize the impact on the environment;
(E) Reducing the economic impacts on an applicant for a
permit or on a permittee, other state and local government
entities, and residents of the state;
(F) Allowing for reasonable flexibility in the implementation
of a long-term control plan when the plan would impose a
disproportionate financial hardship compared to its environmental
benefits;
(G) Giving preference, when proposed by an applicant for a
permit or by a permittee, to control options that comply with the
presumption approach performance criteria established in the
combined sewer overflow control policy adopted under 33 U.S.C.
1342 and that demonstrate significant pollution reduction rather
than mandating specific designs;
(H) Allowing adequate time and flexibility for implementation
of the schedule specified in the long-term control plan when
justified by a clear environmental benefit;
(I) Factors specified in the combined sewer overflow control
policy adopted under 33 U.S.C. 1342 that may ease the financial
burdens of implementing a long-term control plan, including, but
not limited to, small publicly owned sewerage system
considerations, the attainability of water quality standards, and
the development of wet weather standards;
(J) All other requirements imposed on an applicant for a
permit or on a permittee to undertake capital improvements under
the Federal Water Pollution Control Act, the Safe Drinking Water
Act as defined in section 6109.01 of the Revised Code, this
chapter, Chapter 6109. of the Revised Code, or rules adopted under
either chapter.
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