reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.011 | Environmental Enforcement Authority Over Ephemeral Features.

Effective:
July 21, 2022
Latest Legislation:
House Bill 175 - 134th General Assembly
(A) The exclusion of certain ephemeral features from the definition of waters of the state under section 6111.01 of the Revised Code does not affect the director of environmental protection's authority to do all of the following:
(1) Administer and enforce Chapter 3734. of the Revised Code with regard to any discharge, deposit, dumping, or placement of wastes regulated under that chapter in an ephemeral feature;
(2) Administer and enforce Chapter 3714. of the Revised Code with regard to any discharge, deposit, dumping, or placement of construction and demolition debris in an ephemeral feature;
(3) Take any other authorized actions under the Revised Code, other than Chapter 6111. of the Revised Code, that apply to the discharge, deposit, dumping, or placement of waste, debris, or other materials in an ephemeral feature.
(B) The exclusion of certain ephemeral features from the definition of waters of the state under section 6111.01 of the Revised Code does not affect the authority of any state agency, other than the environmental protection agency, to take any authorized actions under the Revised Code, other than Chapter 6111. of the Revised Code, that apply to the discharge, deposit, dumping, or placement of waste, debris, or other materials in an ephemeral feature.
Last updated May 11, 2022 at 4:03 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.021 | General and Individual Isolated Wetland Permits.

Effective:
July 17, 2001
Latest Legislation:
House Bill 231 - 124th General Assembly
(A)(1) The director of environmental protection shall issue a general state isolated wetland permit or permits to cover activities within this state for purposes of section 6111.022 of the Revised Code. A general permit is effective for five years. Upon the expiration of a general permit, the director shall issue a new general permit.
(2) The director may issue an individual state isolated wetland permit for purposes of sections 6111.023 and 6111.024 of the Revised Code. An individual permit issued under either of those sections is effective for five years.
(B) A person that proposes to engage in an activity that involves the filling of an isolated wetland shall apply to the director for coverage under a general state isolated wetland permit or shall apply for an individual state isolated wetland permit, as applicable, in accordance with sections 6111.02 to 6111.027 of the Revised Code. No person shall engage in the filling of an isolated wetland unless authorized to do so by a general or individual state isolated wetland permit. Sections 6111.02 to 6111.027 of the Revised Code do not apply to isolated wetlands created by previous coal mining activities where remining is proposed, except for wetlands created for mitigation purposes.
(C) The issuance of a general or individual state isolated wetland permit constitutes the issuance of a section 401 water quality certification for purposes of the Federal Water Pollution Control Act.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.022 | Proposed Filling of Wetland Subject to Level One Review.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 294 - 129th General Assembly
(A) A proposed filling of a category 1 or a category 2 isolated wetland of one-half acre or less shall require a general state isolated wetland permit and be subject to level one review requirements established under division (B) of this section.
(B) Level one review shall apply only to the filling of a category 1 or a category 2 isolated wetland as described in division (A) of this section requiring a general state isolated wetland permit. A level one review shall require the submission of a pre-activity notice that includes an application, an acceptable wetland delineation, a wetland categorization, a description of the project, a description of the acreage of the isolated wetland that will be subject to filling, site photographs, and a mitigation proposal for the impact to the isolated wetland.
(C) The proposed filling of an isolated wetland that is subject to level one review is authorized by a general state isolated wetland permit unless the director of environmental protection notifies the applicant within thirty days after receipt of a pre-activity notice that the filling of the isolated wetland will result in a significant negative impact on state water quality. An applicant that receives such a notice may apply for an individual state isolated wetland permit in accordance with the procedures and requirements established under section 6111.023 of the Revised Code.
(D) Mitigation for the proposed filling of an isolated wetland that is subject to level one review shall be conducted in the following preferred order:
(1) Without the objection of the director and at the discretion of the applicant, either on site mitigation, mitigation at a wetland mitigation bank within the same United States army corps of engineers district as the location of the proposed filling of the isolated wetland, or off-site mitigation;
(2) In-lieu fee mitigation.
The director, at the director's discretion, may allow an applicant to deviate from the preferred order established in division (D) of this section. If the proposed filling of an isolated wetland will be mitigated by in-lieu fee mitigation, an applicant shall provide documentation to the director that demonstrates that the applicant evaluated the mitigation alternatives established in division (D)(1) of this section.
(E) A person that has submitted a pre-activity notice for coverage under a general state isolated wetland permit under this section shall complete the filling within two years after the end of the thirty-day period following the receipt of the pre-activity notice by the director. If the person does not complete the filling within that two-year period, the person shall submit a new pre-activity notice in accordance with this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.027 | Mitigation for Impacts to Isolated Wetlands.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Mitigation for impacts to isolated wetlands under sections 6111.02 to 6111.027 shall be conducted in accordance with the following ratios:
(1) For category 1 and category 2 isolated wetlands, other than forested category 2 isolated wetlands, mitigation located at an approved wetland mitigation bank shall be conducted, or mitigation shall be paid for under an in-lieu fee mitigation program, at a rate of two times the size of the area of isolated wetland that is being impacted.
(2) For forested category 2 isolated wetlands, mitigation located at an approved wetland mitigation bank shall be conducted, or mitigation shall be paid for under an in-lieu fee mitigation program, at a rate of two and one-half times the size of the area of isolated wetland that is being impacted.
(3) All other mitigation shall be subject to mitigation ratios established in rule 3745-1-54 of the Administrative Code.
(B) Mitigation that involves the enhancement or preservation of isolated wetlands shall be calculated and performed in accordance with rule 3745-1-54 of the Administrative Code.
(C) An applicant for coverage under a general state isolated wetland permit or for an individual state isolated wetland permit under sections 6111.022 to 6111.024 of the Revised Code shall demonstrate that the mitigation site will be protected long term and that appropriate practicable management measures are, or will be, in place to restrict harmful activities that jeopardize the mitigation.
Last updated July 30, 2021 at 4:16 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.028 | Discharge of Dredged Material Into Isolated Wetlands.

Effective:
July 17, 2001
Latest Legislation:
House Bill 231 - 124th General Assembly
(A) The discharge of dredged material into isolated wetlands is subject to sections 6111.021 to 6111.027 of the Revised Code.
(B) As used in this section:
(1) "Discharge of dredged material" has the same meaning as in 33 CFR 323.2 as effective February 16, 2001.
(2) "Dredged material" means material that is excavated or dredged from isolated wetlands. "Dredged material" does not include material resulting from normal farming, silviculture, and ranching activities, such as plowing, cultivating, seeding, and harvesting, for production of food, fiber, and forest products.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.031 | Modification of Terms and Conditions of Permit.

Effective:
July 25, 1980
Latest Legislation:
House Bill 766 - 113th General Assembly
(A) The director of environmental protection, where consistent with the "Federal Water Pollution Control Act," may modify the terms and conditions of a permit or issue a permit upon conditions at variance from a national effluent limitation set under section 301 of the "Federal Water Pollution Control Act" upon application filed therefor after July 1, 1977, and a showing satisfactory to the director that such modified terms and conditions (1) will require the maximum use of technology within the economic capability of the owner or operator, and (2) will result in reasonable further progress toward the elimination of the discharge of sewage, industrial waste, and other wastes into the waters of the state.
(B) The director may, after opportunity for a public hearing in accordance with section 3745.07 of the Revised Code, issue a permit upon conditions at variance from a national or state effluent limitation for the thermal component of a discharge, upon a showing satisfactory to the director that the national or state limitation for the thermal component is more stringent than necessary to assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on the body of water into which the discharge is made or is to be made. If the director so finds, he shall impose a limitation on the thermal component, as a condition of the permit, that will assure the protection and propogation of a balanced, indigenous population of shellfish, fish, and wildlife in and on the body of water into which the discharge is made or is to be made, taking into account the interaction of such thermal component with sewage, industrial waste, or other wastes, and including a margin of safety that takes into account any lack of knowledge concerning the development of thermal water quality criteria for such purposes.
Last updated October 21, 2022 at 4:25 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.037 | Nonpoint Source Pollution Management Fund.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) For purposes of state nonpoint source pollution management and pursuant to section 319 of the "Federal Water Pollution Control Act," the director of environmental protection may enter into agreements to receive grant moneys for nonpoint source pollution management for deposit into the state treasury to the credit of the water quality protection fund created in section 6111.0381 of the Revised Code. The director may enter into agreements to make grants of moneys credited to the fund under this section, including, without limitation, passthrough grants to other state departments or agencies.
(B) The director shall periodically prepare and, by rules adopted under division (O) of section 6111.036 of the Revised Code, establish a priority system for identifying activities eligible for assistance under this section. The priority system shall ensure that financial assistance available under this section is first provided to:
(1) Control particularly difficult or serious nonpoint source pollution problems, including, without limitation, problems resulting from mining activities;
(2) Implement innovative methods or practices for controlling nonpoint sources of pollution, including, without limitation, regulatory programs that the director determines are appropriate;
(3) Control interstate nonpoint source pollution problems;
(4) Implement ground and surface water quality protection activities that the director determines are part of a comprehensive nonpoint source pollution control program, which activities include research, planning, water quality assessments, demonstration programs, enforcement, technical assistance, education, and training to protect water quality from nonpoint sources of pollution.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.038 | Surface Water Protection Fund.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
There is hereby created in the state treasury the surface water protection fund, consisting of moneys distributed to it. The director of environmental protection shall use moneys in the fund solely for administration and implementation of surface water protection programs, including at least programs required under the Federal Water Pollution Control Act and programs necessary to carry out the purposes of this chapter. Those programs shall include at least the development of water quality standards; the development of wasteload allocations; the establishment of water quality-based effluent limits; the monitoring and analysis of chemical, physical, and biological surface water quality; the issuance, modification, and renewal of NPDES permits and permits to install; the ensurance of compliance with permit conditions; the management and oversight of pretreatment programs; the provision of technical assistance to publicly owned treatment works; and the administration of the water pollution control loan fund created in section 6111.036 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.039 | Class B Sludge Rules Requiring the Posting of Notice Regarding the Land Application.

Effective:
March 17, 2000
Latest Legislation:
House Bill 197 - 123rd General Assembly
The director of environmental protection shall adopt rules in accordance with Chapter 119. of the Revised Code requiring the posting of notice regarding the land application of sludge that is classified as class B sludge under 40 C.F.R. 503.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.0381 | Water Quality Protection Fund.

Effective:
June 30, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
There is hereby created in the state treasury the water quality protection fund. The fund shall consist of federal grants, including grants made pursuant to the Federal Water Pollution Control Act, and contributions made to the environmental protection agency for water quality protection and restoration. The director of environmental protection shall use money in the fund for water quality protection and restoration.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.0382 | Surface Water Improvement Fund.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 294 - 129th General Assembly
(A) There is hereby created in the state treasury the surface water improvement fund. The fund shall include, but is not limited to, money derived from any of the following:
(1) Payments, contributions, and donations made to the environmental protection agency for water quality restoration and protection projects;
(2) Payments made under an in-lieu fee mitigation program established by the agency under section 6111.025 of the Revised Code;
(3) Funds for supplemental environmental projects for water quality improvements required by orders of the director of environmental protection, settlement agreements, consent decrees, or court orders;
(4) Mitigation fees for impacts to waters of the state for mitigation not required by the United States environmental protection agency or the United States army corps of engineers.
(B) Money in the fund shall be used by the director to complete water quality protection and restoration projects. The director may enter into contracts and agreements, including grant agreements with federal, state, or local government agencies, environmental nonprofit organizations, and universities, for purposes of those projects.
(C) If the agency becomes an approved sponsor of a federal in-lieu fee mitigation program in accordance with 33 C.F.R. 332, money for the federally approved program may be maintained in the fund, provided that the money is segregated from all other money in the fund.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.041 | Standards of Water Quality.

Effective:
July 25, 1980
Latest Legislation:
House Bill 766 - 113th General Assembly
In furtherance of sections 6111.01 to 6111.08 of the Revised Code, the director of environmental protection shall adopt standards of water quality to be applicable to the waters of the state. Such standards shall be adopted pursuant to a schedule established, and from time to time amended, by the director, to apply to the various waters of the state, in accordance with Chapter 119. of the Revised Code. Such standards shall be adopted in accordance with section 303 of the "Federal Water Pollution Control Act" and shall be designed to improve and maintain the quality of such waters for the purpose of protecting the public health and welfare, and to enable the present and planned use of such waters for public water supplies, industrial and agricultural needs, propagation of fish, aquatic life, and wildlife, and recreational purposes. Such standards may be amended from time to time as determined by the director. Prior to establishing, amending, or repealing standards of water quality the director shall, after due notice, conduct public hearings thereon. Notice of hearings shall specify the waters to which the standards relate, and the time, date, and place of hearing.
Standards of quality for the waters of the state, or any amendment or repeal thereof, become effective upon adoption by the director. The director shall implement the standards so established in the issuance, revocation, modification, or denial of permits.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.042 | Rules Requiring Compliance With Federal Water Pollution Control Act.

Effective:
March 17, 2000
Latest Legislation:
House Bill 197 - 123rd General Assembly
In accordance with Chapter 119. of the Revised Code, the director of environmental protection shall adopt and enforce, and may modify and rescind, rules setting forth and requiring compliance with national effluent limitations, national standards of performance for new sources, national toxic and pretreatment effluent standards, and national sludge use and disposal standards, as necessary in order to ensure compliance with sections 301, 306, 307, and 405 of the Federal Water Pollution Control Act. No person shall violate any such rule, except in compliance with the terms and conditions of a permit issued under section 6111.03 of the Revised Code.
To the extent the effluent limitations adopted by the administrator of the United States environmental protection agency pursuant to section 304 of the Federal Water Pollution Control Act are inapplicable, the director may establish on a case-by-case basis effluent limitations in a permit issued under section 6111.03 of the Revised Code, based upon best professional judgment. In establishing such effluent limitations, the director shall take both of the following into consideration:
(A) The appropriate technology for the category or class of point sources of which the applicant is a member, based on all available information, including the administrator's draft or proposed development documents or guidance; the total cost of achieving the limitations in relation to the effluent reduction benefits to be achieved; the age of equipment and facilities involved; the process employed; the engineering aspects of the application of various types of control techniques and process changes; nonwater quality environmental impact, including energy requirements; and other factors that would have been appropriate for the administrator to consider pursuant to section 304 of the Federal Water Pollution Control Act;
(B) As to the applicant for the permit, any unique factors regarding the considerations set forth in division (A) of this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.046 | Annual Permit Fee - Underground Injection Control Fund.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Each person who is issued an injection well operating permit or a renewal of an injection well operating permit for a class I injection well shall pay an annual permit fee of twelve thousand five hundred dollars, except that a person who is issued such a permit or renewal of such a permit for a class I injection well that disposes of any hazardous waste identified or listed in rules adopted under section 3734.12 of the Revised Code and that is located on the premises where the hazardous waste injected into the well is generated shall pay an annual permit fee of thirty thousand dollars. The appropriate permit fee shall be paid to the director of environmental protection within thirty days after the issuance of the injection well operating permit or renewal of such a permit. Annually thereafter during the term of the permit or renewal, the appropriate annual permit fee shall be paid to the director on or before the anniversary of the date of issuance of the injection well operating permit or renewal of such a permit. The director, by rules adopted in accordance with Chapter 119. of the Revised Code, shall prescribe the procedures for collecting the annual permit fees established in this section and may prescribe other requirements necessary to carry out this section.
No person shall fail to comply with this division.
(B) All moneys received by the director under division (A) of this section shall be credited to the underground injection control fund, which is hereby created in the state treasury. Beginning July 1, 1992, and annually thereafter, the director shall request the office of budget and management to, and the office shall, transfer fifteen per cent of the moneys in the fund to the geological mapping fund created in section 1505.09 of the Revised Code for the purpose of paying the expenses of the department of natural resources incurred in executing its duties under sections 6111.043 to 6111.047 of the Revised Code. The director shall use the remainder of the moneys credited to the underground injection control fund solely to administer and enforce the requirements of sections 6111.043 to 6111.047 of the Revised Code and rules adopted under them pertaining to class I injection wells.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.047 | Tonnage Fees for Injection of Waste.

Effective:
May 28, 1992
Latest Legislation:
House Bill 147 - 119th General Assembly
(A) For the purpose of defraying the costs to the environmental protection agency of implementing, administering, and enforcing sections 6111.043 to 6111.047 of the Revised Code pertaining to class I injection wells, a fee of one dollar per ton is hereby levied on the injection of industrial waste or other wastes into a class I injection well. The fee levied by this division does not apply to the injection into such a well of any hazardous waste identified or listed in rules adopted under section 3734.12 of the Revised Code. The maximum annual fee for wastes injected at a class I injection facility shall be twenty-five thousand dollars regardless of the number of wells being used at the facility.
The owner or operator of the class I injection facility, as a trustee for the state, shall collect the fee levied under this division and forward it to the director of environmental protection in accordance with the rules adopted under division (C) of this section. The owner or operator shall remit the fee collected under this division to the director upon the anniversary of the date of issuance of his injection well operating permit or renewal of such a permit, as appropriate. If the class I injection facility consists of more than one injection well, the owner or operator shall remit the fee to the director on the anniversary of the date of issuance of the injection well operating permit or renewal of such a permit for which the anniversary of the date of issuance next succeeds the first day of January. If payment is late, the owner or operator shall pay to the director a penalty of ten per cent of the amount of the fee for each month that it is late.
(B) The director shall credit the moneys received under division (A) of this section to the underground injection control fund created in section 6111.046 of the Revised Code.
(C) The director, by rules adopted in accordance with Chapter 119. of the Revised Code, shall prescribe any dates not specified in this section and procedures for collecting and forwarding the fee levied by this section. The rules may prescribe other requirements for implementing and administering this section.
(D) No person shall fail to comply with this section or a rule adopted under it.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.048 | Temporary Assistance of State Employees.

Effective:
May 28, 1992
Latest Legislation:
House Bill 147 - 119th General Assembly
In the discharge of his duties under sections 6111.043 to 6111.045 of the Revised Code, the director of environmental protection may call to his assistance temporarily employees of any state department, agency, authority, or institution, or any college or university financed wholly or partly by the state. The employees shall not receive any additional compensation above that which they receive from the departments, agencies, authorities, institutions, or colleges or universities by which they are employed. From moneys available to the director for the administration and enforcement of sections 6111.043 to 6111.045 of the Revised Code, the director may reimburse the department, agency, authority, institution, or college or university for the regular salary and fringe benefit costs of the employees and for the costs of any necessary equipment or supplies provided in connection with the assistance provided to the director.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.049 | Tonnage Fees for Injection of Waste - Exceptions.

Effective:
May 28, 1992
Latest Legislation:
House Bill 147 - 119th General Assembly
Section 6111.047 and rules adopted under division (B)(5) of section 6111.043 of the Revised Code do not apply to any nonhazardous class I injection well that disposes of naturally occurring formation fluids extracted during salt mining processes into an injection zone consisting of the Oriskany sandstone at depths of not more than one thousand five hundred feet.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.051 | Use, Management, or Disposal of Structural Products.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) As used in this section, "structural products" means products that are created from clay, shale, or a combination of clay and shale, are generated as a result of a manufacturing process that is designed to create products intended to form part of a building or other structure, and are no longer wanted for that originally intended use. "Structural products" includes floor tiles, bricks, paving bricks, terra-cotta facing tiles, roofing tiles, clay pipes, chimney pipes, flue liners, and drainage tiles and pipes.
(B) No person shall use, manage, or dispose of structural products in a manner that results in any of the following:
(1) A nuisance;
(2) An exceedance of a water quality standard adopted under section 6111.041 of the Revised Code;
(3) An exceedance of a primary or secondary maximum contaminant level established in rules adopted under section 6109.04 of the Revised Code;
(4) An emission of an air contaminant as defined in section 3704.01 of the Revised Code;
(5) A threat to public health or safety or the environment.
(C) No person shall place, accumulate, or store for further processing structural products in any of the following locations:
(1) Within the boundaries of a sole source aquifer designated under the "Safe Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300f, as amended, and regulations adopted under it;
(2) Within the boundaries of a source water protection area;
(3) Above an unconsolidated aquifer capable of yielding at least one hundred gallons per minute.
Division (C) of this section does not apply to structural products that have been sold and distributed in the stream of commerce as desired commodities.
(D) The director of environmental protection or the director's authorized representative may enter private or public property at reasonable times to inspect and investigate conditions or examine records relating to alleged noncompliance with this section and may apply to the court of common pleas having jurisdiction for a warrant permitting the entrance and inspection or examination.
(E) The director may adopt rules in accordance with Chapter 119. of the Revised Code establishing procedures and requirements that are necessary to administer this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.052 | Blast Furnace and Steel Slag.

Effective:
October 6, 2017
Latest Legislation:
Senate Bill 2 - 132nd General Assembly
(A) As used in this section:
(1) "Blast furnace slag" means a nonmetallic material that is an intended output or intended result of the melting of iron ore or iron pellets together with coke and a flux in a blast furnace, that is sold and distributed in the stream of commerce as a product.
(2) "Steel slag" means an intended output or intended result of the use of an electric arc furnace or basic oxygen furnace to make steel that is all of the following:
(a) Not a hazardous waste;
(b) Poured from the furnace in a molten state, cooled, and processed to remove all free metallic;
(c) Sold and distributed in the stream of commerce as a product.
(B) For purposes of this chapter, " industrial waste" and "other wastes" do not include blast furnace slag or steel slag regardless of whether it is placed on the ground, placed below grade, or used in products that come into contact with the ground or are placed below grade.
(C) No person shall place or manage blast furnace slag or steel slag in a manner that results in any of the following:
(1) An exceedance of a water quality standard, including narrative standards, adopted under section 6111.041 of the Revised Code;
(2) An exceedance of a primary or secondary maximum contaminant level in ground water adopted under section 6109.04 of the Revised Code;
(3) A discharge that is prohibited by, or for which a permit is required by, United States environmental protection agency regulations, except in accordance with such permit ;
(4) A threat to public health or safety or the environment.
(D) The director of environmental protection or the director's duly authorized representative may enter at reasonable times on any private or public property to inspect and investigate conditions or examine records relating to alleged noncompliance with this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.06 | Administrative Procedures - Emergencies.

Effective:
June 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
(A) All proceedings of the director of environmental protection or of the director's officers or agents under sections 6111.01 to 6111.08 of the Revised Code, including the adoption, issuance, modification, rescission, or revocation of rules and regulations, permits, orders, and notices, and the conduct of hearings, except standards of water quality adopted pursuant to section 6111.041 of the Revised Code, shall be subject to and governed by sections 119.01 to 119.13, and Chapter 3745. of the Revised Code.
(B) The director shall not refuse to issue a permit, nor modify or revoke a permit already issued, unless the applicant or permit holder has been afforded an opportunity for a hearing prior to the refusal to issue the permit or prior to the modification or revocation of the permit.
(C) Whenever the director officially determines that an emergency exists requiring immediate action to protect the public health or welfare, the director may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding division (A) of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but on application to the director shall be afforded a hearing as soon as possible, and not later than twenty days after such application. On the basis of such hearing, the director shall continue such order in effect, revoke it, or modify it. No such emergency order shall remain in effect for more than sixty days after its issuance.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.07 | Prohibited Acts - Prosecutions and Injunction by Attorney General.

Effective:
October 6, 2017
Latest Legislation:
Senate Bill 2 - 132nd General Assembly
(A) No person shall violate or fail to perform any duty imposed by sections 6111.01 to 6111.08 o r division (B) of section 6111.33 of the Revised Code or violate any order, rule, or term or condition of a permit issued or adopted by the director of environmental protection pursuant to those sections. Each day of violation is a separate offense.
(B) The attorney general, upon the written request of the director, shall prosecute any person who violates, or who fails to perform any duty imposed by, sections 6111.01 to 6111.08 o r division (B) of section 6111.33 of the Revised Code or who violates any order, rule, or condition of a permit issued or adopted by the director pursuant to those sections.
The attorney general, upon written request of the director, shall bring an action for an injunction against any person violating or threatening to violate this chapter or violating or threatening to violate any order, rule, or condition of a permit issued or adopted by the director pursuant to this chapter. In an action for injunction to enforce any final order of the director brought pursuant to this section, the finding by the director, after hearing, is prima-facie evidence of the facts found therein.
(C) No person knowingly shall submit false information or records or fail to submit information or records pertaining to discharges of sewage, industrial wastes, or other wastes or to sludge management required as a condition of a permit or knowingly render inaccurate any monitoring device or other method required to be maintained by the director.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.08 | Rights in Equity or Under Common Law Not Affected.

Effective:
July 25, 1980
Latest Legislation:
House Bill 766 - 113th General Assembly
Chapter 6111. of the Revised Code does not abridge rights of action or remedies in equity or under the common law, nor does such chapter, or any act done under such chapter, estop the state, or any municipal corporation or person, as riparian owners or otherwise, in the exercise of their rights in equity or under the common law to suppress nuisances or to abate pollution.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.09 | Civil Penalties for Water Pollution Control Violations.

Effective:
September 1, 2008
Latest Legislation:
Senate Bill 214 - 127th General Assembly
(A) Any person who violates section 6111.07 of the Revised Code shall pay a civil penalty of not more than ten thousand dollars per day of violation. Any person who purposely violates section 6111.10 or 6111.11 of the Revised Code shall pay a civil penalty of fifty dollars for a first violation and a civil penalty of not more than five hundred dollars for each subsequent violation occurring within twelve months of the first violation.
The attorney general, upon written request by the director of environmental protection, shall commence an action under this section against any person who violates section 6111.07 of the Revised Code. The director shall notify in writing any person who is allegedly selling or offering for sale a product in violation of section 6111.10 or 6111.11 of the Revised Code of the alleged specific violation and shall request the person to remove the product from the person's sales area. If at least ten days after providing that notification the director determines that the person has failed to remove the product from the person's sales area, the director in writing shall request the attorney general to, and the attorney general shall, commence an action under this section against the person. Any action under this section is a civil action, governed by the Rules of Civil Procedure and other rules of practice and procedure applicable to civil actions.
(B) One-half of the moneys collected as civil penalties under division (A) of this section shall be credited to the environmental education fund created in section 3745.22 of the Revised Code. The remainder of the moneys so collected shall be credited to the water pollution control administration fund, which is hereby created in the state treasury. The water pollution control administration fund shall be administered by the director. Moneys in the water pollution control administration fund shall be used to supplement other moneys available for the administration and enforcement of this chapter and the rules adopted and terms and conditions of orders and permits issued under it, including, without limitation, the issuance of permits under it, and shall not be used to satisfy any state matching fund requirements for the receipt of any federal grant funds.
The director may expend not more than seven hundred fifty thousand dollars of the moneys credited to the water pollution control administration fund under this division in any fiscal year for the purposes specified in this division. The director may request authority from the controlling board to expend any moneys credited to that fund in any fiscal year in excess of that amount.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.11 | Sale of Dishwasher Detergent With Phosphorous Content Above Certain Limits Prohibited.

Effective:
September 1, 2008
Latest Legislation:
Senate Bill 214 - 127th General Assembly
On and after July 1, 2010, no person shall sell, offer for sale, or distribute for sale a cleanser, rinsing aid, sanitizing agent, or detergent that is intended primarily for use in an automatic or machine dishwasher and that contains phosphorus in any form in excess of one-half per cent by weight expressed as elemental phosphorus.
This section does not apply to either of the following:
(A) Cleansers, rinsing aids, sanitizing agents, or detergents that are used in an automatic or machine dishwasher in a commercial or institutional facility;
(B) Retail sales or offers for sale from a retailer's inventory of a product that is otherwise covered by this section and that remains at the end of the business day on June 30, 2010, if the retailer's inventory of the product during June 2010 does not exceed the retailer's average monthly inventory during the previous twelve months.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.13 | Discharge Limit for a Pollutant Less Than the Practical Quantification Level.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) As used in this section:
(1) "Method detection limit" has the same meaning as in 40 C.F.R. part 136, appendix B, and shall be determined in accordance with the procedures set forth in that appendix.
(2) "Practical quantification level" means a concentration that is five times the method detection limit for the most sensitive available analytical procedure currently approved under 40 C.F.R. part 136 for a pollutant unless the director of environmental protection, by rules adopted in accordance with Chapter 119. of the Revised Code, establishes a different practical quantification level for the pollutant that is consistent with and no more stringent than the appropriate national consensus standard or other generally accepted standard.
(B) Notwithstanding any other provisions of this chapter to the contrary, and until the director has adopted rules specifying a different basis for determining compliance consistent with and no more stringent than an appropriate national consensus standard or other generally accepted standard, if a discharge limit is set below the practical quantification level for a particular parameter, any value reported below the practical quantification level shall be considered to be in compliance with that limit.
(C) Whenever a discharge limit for a pollutant is less than the practical quantification level, the director may require the permit holder to identify the possible sources of that pollutant. The director, by rule, may specify additional actions that the permit holder may be required to take when the director finds the actions to be necessary to prevent or mitigate significant adverse effects on public health or environmental quality. Failure of a permit holder to comply with additional actions required by the director under this division constitutes a violation of the permit holder's discharge permit.
Last updated July 30, 2021 at 4:17 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.14 | Agreement for Review of Plans for Extension of Sewerage System or Increase in Number of Service Connections.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The director of environmental protection may enter into an agreement with a political subdivision or investor-owned public utility that owns or operates a disposal system and that intends to extend the sewerage lines of its disposal system or to increase the number of service connections to its sewerage system, which agreement authorizes a qualified official or employee of the political subdivision or investor-owned public utility, as determined by the director, to review plans for the extension of the sewerage system or increase in the number of service connections for compliance with this chapter and the rules adopted under it and to certify to the director whether the plans comply with this chapter and the rules adopted under it. If, pursuant to such an agreement, the official or employee of the political subdivision or investor-owned public utility designated in the agreement certifies to the director that the plans comply with this chapter and the rules adopted under it and if the plans and certification are accompanied by an administrative service fee calculated in accordance with division (L)(2) of section 3745.11 of the Revised Code, the director, by final action, shall approve the plans without further review. The director or the director's authorized representative may inspect the construction or installation of an extension of a sewerage system or additional service connections for which plans have been approved under this section.
The approval of plans by the director pursuant to this section constitutes the approval of the plans for the purposes of any rules adopted under division (E) of section 6111.03 of the Revised Code that require the approval of plans for extensions of sewerage systems or increases in the number of service connections to sewerage systems.
As used in this section, "investor-owned public utility" means a person, other than an individual, that is a sewage disposal system company, as defined in section 4905.03 of the Revised Code, and that is not owned or operated by a municipal corporation or operated not-for-profit.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.20 | Orders to Secure a Quality Effluent From Water Purification or Sewage Treatment Works.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
When the director of environmental protection finds upon investigation, that any water purification or sewage treatment works, on account of incompetent supervision or inefficient operation is not producing an effluent of such quality as might be reasonably obtained from such water purification or sewage treatment works, and by reason of such neglect the public water supply has become impure and dangerous to health, or that a stream, watercourse, canal, lake, pond, or body of water has become offensively polluted or has become a public nuisance or that a public water supply taken from such stream, watercourse, canal, lake, pond, or body of water has been rendered impure and dangerous to health, the director shall issue an order to the mayor or managing officer or officers of the municipal corporation, public institution, or person having charge of or owning such water purification or sewage treatment works, to secure an effluent of such quality as might be reasonably expected from such works and satisfactory to the director.
If such managing officer or officers of a municipal corporation, public institution, or person fails, for a period of five days after receiving such order, to secure an effluent satisfactory to the director, the director shall order such managing officer or officers or person owning such works to appoint, within ten days, and pay the salary of a competent person to be approved by the director, to take charge of and operate such works as to secure the results demanded by the director.