reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.311 | Ephemeral Feature Mitigation Calculation Definitions.

Effective:
July 21, 2022
Latest Legislation:
House Bill 175 - 134th General Assembly
As used in sections 6111.31 to 6111.316 of the Revised Code:
(A) "Area of mitigation" or "AMIT" means the area of mitigation, as calculated using the formula specified in division (A) of section 6111.313 of the Revised Code, expressed in feet squared.
(B) Area of the streamway or "ASW" means the area of the streamway, expressed in feet squared.
(C) "DA" means drainage area, expressed in square miles.
(D) "Eight-digit hydrologic unit," "enhancement," "in-lieu fee mitigation," "mitigation," "mitigation bank service area," "restoration," "wetlands," and "wetland mitigation bank" have the same meanings as in section 6111.02 of the Revised Code.
(E) "LV" means the valley length of stream, expressed in feet.
(F) "Permanent impact" means any impact that is not a temporary impact.
(G) "Temporary impact" means an impact to an ephemeral feature that is a water of the state and to which all of the following apply:
(1) It facilitates a proposed activity or aids in the access, staging, or development of any construction.
(2) It will last not more than two years.
(3) Upon termination of the impact, the conditions of the ephemeral feature are expected to return to pre-impact functionality or better condition within the twelve months after such termination.
(H) "Volume of mitigation" or "VMIT" means the volume of mitigation, as calculated using the formula specified in division (A) of section 6111.313 of the Revised Code, expressed in cubic feet.
(I) "Water quality volume" or "WQV" means the surface area divided by the drawdown depth.
(J) "Width of a streamway" or "WSW" means the width of the streamway, expressed in feet, and calculated as 147 x DA 0.38.
Last updated May 11, 2022 at 4:14 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.312 | Limitations on Additional Requirements.

Effective:
July 21, 2022
Latest Legislation:
House Bill 175 - 134th General Assembly
(A) Notwithstanding section 6111.31 of the Revised Code, regarding any proposed impact to an ephemeral feature that is a water of the state, the director shall not impose or require any mitigation standard, criteria, scientific method, process, or other procedure or policy that is not specified in sections 6111.313 to 6111.316 of the Revised Code.
(B) Notwithstanding section 6111.31 of the Revised Code, the director shall not impose any requirements beyond those specified in sections 6111.31 to 6111.316 of the Revised Code with respect to any activity impacting an ephemeral feature that is a water of the state in the issuance of a section 401 water quality certification.
Last updated May 11, 2022 at 4:15 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.316 | Exceptions From Ephemeral Feature Mitigation Requirements.

Effective:
July 21, 2022
Latest Legislation:
House Bill 175 - 134th General Assembly
Sections 6111.31 to 6111.315 of the Revised Code do not apply to, and the director of environmental protection shall not impose any additional requirements upon, an activity associated with an ephemeral feature that is a water of the state if the activity is either of the following:
(A) A restoration or enhancement project that will result in a net improvement of water quality. Such projects may include a project under section 319 of the Federal Water Pollution Control Act, an H2Ohio project, a water resource restoration sponsor program, a wetland mitigation bank, or an in-lieu fee mitigation project. To qualify under this exception, a person shall submit a demonstration as part of a mitigation proposal that the project will result in a net improvement in water quality.
(B) A project for the filling or discharge of dredged material into an ephemeral feature that is a water of the state that impacts three one-hundredths of an acre or less of streambed. For purposes of this division, if culvert maintenance or replacement is involved in the project, only an impact to an ephemeral feature that is a water of the state that goes beyond the enclosed configuration of the existing culvert structure shall be included in the calculation of the impacted streambed acreage.
Last updated May 11, 2022 at 4:20 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.32 | Dredging Plan.

Effective:
July 3, 2015
Latest Legislation:
Senate Bill 1 - 131st General Assembly
(A) In order to ensure the regular and orderly maintenance of federal navigation channels and ports in this state, the director of environmental protection shall endeavor to work with the United States army corps of engineers on a dredging plan that focuses on long-term planning for the disposition of dredged material consistent with the requirements established in this section.
(B) On and after July 1, 2020, no person shall deposit dredged material in the portion of Lake Erie that is within the jurisdictional boundaries of this state or in the direct tributaries of Lake Erie within this state that resulted from harbor or navigation maintenance activities unless the director has determined that the dredged material is suitable for one of the locations, purposes, or activities specified in division (C) of this section and has issued a section 401 water quality certification authorizing the deposit.
(C) The director may authorize the deposit of dredged material in the portion of Lake Erie that is within the jurisdictional boundaries of this state or in the direct tributaries of Lake Erie within this state that resulted from harbor or navigation maintenance activities for any of the following:
(1) Confined disposal facilities;
(2) Beneficial use projects;
(3) Beach nourishment projects if at least eighty per cent of the dredged material is sand;
(4) Placement in the littoral drift if at least sixty per cent of the dredged material is sand;
(5) Habitat restoration projects;
(6) Projects involving amounts of dredged material that do not exceed ten thousand cubic yards, including material associated with dewatering operations related to dredging operations.
(D) In order to coordinate the activities and responsibilities established under this chapter and Chapter 1506. of the Revised Code, the director shall consult with the director of natural resources when approving the location in which dredged material is proposed to be deposited in the portion of Lake Erie that is within the jurisdictional boundaries of this state or in the direct tributaries of Lake Erie within this state.
(E) The director of environmental protection, in consultation with the director of natural resources, may determine that financial, environmental, regulatory, or other factors exist that result in the inability to comply with this section. After making that determination, the director of environmental protection, through the issuance of a section 401 water quality certification, may allow for open lake placement of dredged material from the Maumee river, Maumee bay federal navigation channel, and Toledo harbor.
(F) The director may adopt rules in accordance with Chapter 119. of the Revised Code that are necessary for the implementation of this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.33 | Dredged Material.

Effective:
October 6, 2017
Latest Legislation:
Senate Bill 2 - 132nd General Assembly
(A) As used in this section and in sections 6111.32 and 6111.34 of the Revised Code, "dredged material" means material excavated or dredged from a federal navigation channel during harbor or navigation maintenance activities.
(B) No person shall use, manage, or place dredged material in any location except in accordance with the following:
(1) Section 6111.32 of the Revised Code;
(2) Rules adopted under Chapter 6111. of the Revised Code;
(3) A permit issued under any other section of this chapter or under rules adopted under any such section; or
(4) Any other authorization issued by the director of environmental protection.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.34 | Rules Governing Beneficial Use of Dredged Material.

Effective:
October 6, 2017
Latest Legislation:
Senate Bill 2 - 132nd General Assembly
(A) The director of environmental protection, in accordance with Chapter 119. of the Revised Code, may adopt rules governing the beneficial use of dredged material and the beneficial use of material excavated or dredged from adjacent or connected commercial maritime port facilities that are necessary to protect public health, safety, and the environment.
(B) The director shall ensure that rules adopted under this section establish both of the following:
(1) Criteria for determining when dredged material and material excavated or dredged from adjacent or connected commercial maritime port facilities does not constitute either of the following:
(a) Solid wastes;
(b) Other wastes.
(2) Requirements and procedures for the issuance, modification, suspension, revocation, and denial of an authorization, authorization by rule, and general and individual permits for the beneficial use of dredged material and the beneficial use of material excavated or dredged from adjacent or connected commercial maritime port facilities.
(C) The director shall ensure that the criteria and requirements established in rules adopted under this section are no less stringent than any applicable standard established under federal environmental laws and regulations adopted under them, including the "Federal Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C. 1251; the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C. 6921; the "Toxic Substances Control Act," 90 Stat. 2003 (1976), 15 U.S.C. 2601; the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C. 9601; and the "Safe Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300f.
(D) As used in this section, "solid wastes" has the same meaning as in section 3734.01 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.41 | Comprehensive Water Resource Management Planning by Directors of Environmental Protection and Natural Resources.

Effective:
March 22, 1973
Latest Legislation:
House Bill 1 - 110th General Assembly
The director of environmental protection shall prepare and maintain a comprehensive plan or plans for the development, use, and protection of water resources, covering all aspects of water management and including regional water development plans. The director of natural resources shall prepare and maintain the elements of such plans relating to recreation, fish, wildlife, flood control, and flood plain management.
The director of environmental protection shall not adopt any comprehensive plan until the director of natural resources approves those portions of the plan relating to recreation, fish, wildlife, flood control, and flood plain management.
In the performance of his functions relating to comprehensive water resource management planning, the director of environmental protection may plan different beneficial uses for different bodies of water and different reaches thereof, and in connection therewith shall give due consideration to the practicability and the physical and economic feasibility of compliance with requirements that would be necessary to attain the water quality to support such uses, and to the equities involved therein.
The director may review water management plans and studies made by, for, or required by law to be submitted to, governmental agencies, and render staff planning assistance to such agencies.
The director may develop, implement, and coordinate a comprehensive plan for water management research by state universities and other public and private institutions.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.42 | Water Quality Powers of Director of Environmental Protection.

Effective:
March 18, 1999
Latest Legislation:
Senate Bill 187 - 122nd General Assembly
The environmental protection agency shall do all of the following:
(A) Primarily with regard to water quality, collect, study, and interpret all available information, statistics, and data pertaining to the supply, use, conservation, and replenishment of the ground and surface waters in the state in coordination with other agencies of this state;
(B) Primarily with regard to water quality, be authorized to cooperate with and negotiate for the state with any agency of the United States government, of this state, or of any other state pertaining to the water resources of the state;
(C) Be authorized to perform stream gauging and contract with the United States government or any other agency for the gauging of any streams within the state;
(D) Have authority to furnish information to all public officials, offices, and agencies of and in the state, and to farmers, well drillers, water consumers, industries, and any other persons seeking information regarding water resources;
(E) Adopt rules in accordance with Chapter 119. of the Revised Code for the drilling, operation, maintenance, and abandonment of wells that are determined to be necessary by the director of environmental protection to prevent the contamination of the ground waters in the state, except that the rules shall not apply to wells for the provision of water for human consumption unless they are used, or are for use, by a public water system as defined in section 6109.01 of the Revised Code. No person shall violate a rule adopted under this division.
(F) Have access to all information and statistics that any public authority within the state has available and that the director determines are pertinent to its duties;
(G) Have authority to prepare an accurate map and description of the territorial boundaries of proposed watershed districts within the state. The map and description shall follow the property line, section line, half section line, or patent line that is nearest to the hydrologic boundary of the proposed watershed district. There shall be not less than fifteen nor more than eighteen proposed watershed districts in the state, and each shall be composed of one or more major river watersheds. When a map and a description of a proposed watershed district has been completed, the director shall cause a copy of them to be filed with the secretary of state and the board of county commissioners of each county contained in whole or in part within the territorial boundaries of the proposed watershed district.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.441 | Sewage Treatment Systems Regulated by Board of Health Exempt From Chapter.

Effective:
July 1, 2007
Latest Legislation:
House Bill 231 - 125th General Assembly
In addition to the exemption established under division (B)(4) of section 6111.44 of the Revised Code, 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, concerning which 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 are exempt from the administrative and permitting requirements established in this chapter and rules adopted under it and the fees established under section 3745.11 of the Revised Code, provided that the board remains in compliance with the rules adopted under division (A)(13) of section 3718.02 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.45 | Plans for the Disposal of the Waste to Be Submitted to Director of Environmental Protection.

Effective:
March 15, 2001
Latest Legislation:
Senate Bill 141 - 123rd General Assembly
No municipal corporation, county, public institution, corporation, or officer or employee thereof or other person shall establish as proprietor, agent, employee, lessee, or tenant, any garbage disposal plant, shop, factory, mill, industrial establishment, process, trade, or business in the operation of which an industrial waste is produced, or make a change in or enlargement of a garbage disposal plant, shop, factory, mill, industrial establishment, process, trade, or business whereby an industrial waste is produced or materially increased or changed in character, or install works for the treatment or disposal of any such waste until the plans for the disposal of the waste have been submitted to and approved by the director of environmental protection. As used in sections 6111.44 to 6111.46 of the Revised Code, "industrial waste" means sludge or sludge materials or a water-carried or liquid waste resulting from any process of industry, manufacture, trade, or business or development of any natural resource, but does not include storm water from any animal feeding facility, as defined in section 903.01 of the Revised Code, or manure, as defined in that section. In granting an approval, the agency may stipulate modifications, conditions, and rules that the public health and welfare may require. Any action taken by the director shall be a matter of public record and shall be entered in the director's journal. Each period of thirty days that a violation of this section continues, after a conviction of the violation, constitutes a separate offense.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.451 | Sewage Construction Activities Not Requiring Plan Approval.

Effective:
March 29, 2007
Latest Legislation:
Senate Bill 393 - 126th General Assembly
Not later than one hundred eighty days after the effective date of this section, the director of environmental protection shall adopt rules in accordance with Chapter 119. of the Revised Code specifying construction activities that do not, by themselves, constitute installing works for the treatment or disposal of sewage or other waste for which approval of plans is required under section 6111.44 or 6111.45 of the Revised Code. The activities shall include the grading and clearing of land, on-site storage of portable parts and equipment, and the construction of foundations or buildings that are not directly related to the installation of treatment or disposal works. The rules also shall allow specified initial activities that are part of the installation of treatment or disposal works, such as the installation of electrical and other utilities for the works, prior to the approval of the plans for the works, provided that the owner or operator of the works has submitted the complete plans for the works to the director and has notified the director that this activity will be undertaken prior to the approval of the plans. Any activity that is undertaken under the rules adopted under this section shall be at the risk of the owner or operator. The rules adopted under this section, to the extent possible, shall be consistent with rules adopted under division (F)(5) of section 3704.03 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.46 | Environmental Protection Agency General Supervision of Treatment and Disposal of Sewage and Industrial Wastes and Operation and Means Therefor.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) The environmental protection agency shall exercise general supervision of the treatment and disposal of sewage and industrial wastes and the operation and maintenance of works or means installed for the collection, treatment, and disposal of sewage and industrial wastes. Such general supervision shall apply to all features of construction, operation, and maintenance of the works or means that do or may affect the proper treatment and disposal of sewage and industrial wastes.
(B)(1) The agency shall investigate the works or means employed in the collection, treatment, and disposal of sewage and industrial wastes whenever considered necessary or whenever requested to do so by local health officials and may issue and enforce orders and shall adopt rules governing the operation and maintenance of the works or means of treatment and disposal of such sewage and industrial wastes. In adopting rules under this section, the agency shall establish standards governing the construction, operation, and maintenance of the works or means of collection, treatment, and disposal of sewage that is generated at recreational vehicle parks, recreation camps, combined park-camps, and temporary park-camps that are separate from such standards relative to manufactured home parks.
(2) As used in division (B)(1) of this section:
(a) "Manufactured home parks" has the same meaning as in section 4781.01 of the Revised Code.
(b) "Recreational vehicle parks," "recreation camps," "combined park-camps," and "temporary park-camps" have the same meanings as in section 3729.01 of the Revised Code.
(C) The agency may require the submission of records and data of construction, operation, and maintenance, including plans and descriptions of existing works or means of treatment and disposal of such sewage and industrial wastes. When the agency requires the submission of such records or information, the public officials or person, firm, or corporation having the works in charge shall comply promptly with that order.
(D) If the agency issues a license pursuant to the authority granted under this section, the agency shall issue the license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter in a state that does not issue that license.
Last updated December 29, 2023 at 5:37 AM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.50 | Credible Data Definitions.

Effective:
October 21, 2003
Latest Legislation:
House Bill 43 - 125th General Assembly
As used in sections 6111.50 to 6111.56 of the Revised Code:
(A) "Credible data" means scientifically valid chemical, physical, or biological water quality monitoring data concerning surface waters, including qualitative scoring of physical habitat characteristics and the sampling of fish, macroinvertebrates, and water quality, that have been collected by or submitted to the director of environmental protection and that comply with the requirements established in rules adopted under section 6111.51 of the Revised Code. "Credible data" may include historical data if the director identifies compelling reasons as to why the data are credible.
(B) "Historical data" means data that are more than five years old.
(C) "Naturally occurring condition" means any condition affecting water quality that is not caused by human influence on the environment, including, but not limited to, soils, geology, hydrology, climate, wildlife, and water flow with specific consideration given to seasonal and other natural variations.
(D) "Qualified data collector" means an individual who meets the requirements established in rules adopted under section 6111.53 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.52 | Level Three Credible Data Activities.

Effective:
October 21, 2003
Latest Legislation:
House Bill 43 - 125th General Assembly
The director of environmental protection shall use only level three credible data to conduct any of the following activities:
(A) Developing, reviewing, and revising use designations in water quality standards;
(B) Developing a statewide water quality inventory or other water assessment report;
(C) Identifying, listing, and delisting waters of the state for the purpose of section 303(d) of the Federal Water Pollution Control Act;
(D) Determining whether a water of the state is supporting its designated use or other classification;
(E) Establishing a total maximum daily load for a water of the state.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.54 | Submission of Surface Water Quality Data.

Effective:
October 21, 2003
Latest Legislation:
House Bill 43 - 125th General Assembly
Each state agency in possession of surface water quality data shall submit the data to the environmental protection agency in a format designated by the director of environmental protection. Each such agency shall submit the data to the director at the same time that the agency compiles or summarizes the data for its own use, but at a minimum shall submit the data to the director annually. If the director determines that the data were collected in accordance with the rules adopted under section 6111.51 of the Revised Code, the director shall approve the data as credible.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.55 | Computerized Database or Databases Composed of All Credible Data.

Effective:
October 21, 2003
Latest Legislation:
House Bill 43 - 125th General Assembly
Following the adoption of rules under sections 6111.51 and 6111.53 of the Revised Code, the director of environmental protection shall establish and maintain a computerized database or databases composed of all credible data in the director's possession and shall make the data available to other agencies and all other interested persons. The data shall be stored in such a manner that they are easily retrieved and analyzed and are available for sharing with other agencies and all other interested persons.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.56 | Determining Source or Sources of Water Impairment.

Effective:
October 21, 2003
Latest Legislation:
House Bill 43 - 125th General Assembly
(A) If the source or sources of a pollutant causing an impairment of a water of the state are unknown, the water of the state may be identified and listed under section 303(d) of the Federal Water Pollution Control Act. However, the director of environmental protection shall continue to monitor the water of the state to determine the source or sources of the impairment before a total maximum daily load is established for the water of the state pursuant to that section.
(B) The director shall not include a water of the state on a list established under section 303(d) of the Federal Water Pollution Control Act or establish a total maximum daily load for a water of the state if the failure of the water of the state to comply with an applicable water quality standard results solely from the existence of a naturally occurring condition or conditions.
(C) The director shall establish narrative water quality standards where numerical criteria cannot be established or to supplement numerical criteria.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.561 | Development and Establishment of Total Maximum Daily Load.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) As used in sections 6111.561 to 6111.654 of the Revised Code:
(1) "NPDES" means national pollutant discharge elimination system.
(2) "TMDL" means total maximum daily load.
(B) The director of environmental protection shall develop and establish a TMDL for waters of the state where required under section 1313(d) of the Federal Water Pollution Control Act. The director shall establish a TMDL only for pollutants that the administrator of the United States environmental protection agency has identified under section 1314(a)(2) of that act as suitable for such calculation. The director may modify a TMDL subsequent to the establishment of the TMDL in accordance with division (G) of section 6111.563 of the Revised Code. The development, establishment, or modification of a TMDL is not subject to the rule adoption, amendment, and rescission procedures under Chapters 106., 111., 119., and 121. of the Revised Code. The director shall develop any plans or actions necessary for implementing a TMDL in accordance with this chapter.
The director shall establish each TMDL at a level necessary to achieve the applicable water quality standards for which the water of the state is impaired that accounts for seasonal variations, a margin of safety, and lack of knowledge concerning the relationship between effluent limitations and water quality.
The establishment of a final TMDL by the director is not a final action of the director and does not have the force and effect of law, but may be challenged in accordance with section 6111.564 of the Revised Code.
(C) A TMDL submitted to and approved by the United States environmental protection agency prior to March 24, 2015, is valid and remains in full force and effect as approved. The director may modify such a TMDL, but a modification of the TMDL shall be developed in accordance with sections 6111.562 and 6111.563 of the Revised Code. The TMDL, as established, and any modification of the TMDL, is not subject to the rule adoption, amendment, and rescission procedures of Chapters 106., 111., 119., and 121. of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.564 | Final Tmdl; Appeal.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) A final TMDL established by the director of environmental protection or a United States environmental protection agency approved TMDL may be challenged during the appeal of an NPDES permit containing TMDL-based effluent limits, pretreatment limits derived therefrom, or other terms and conditions based on that TMDL before the environmental review appeals commission in accordance with Chapter 3745. of the Revised Code.
(B) In the case of a TMDL-based permit appeal by a publicly owned treatment works, the environmental review appeals commission shall join as parties to the appeal, subject to a right of voluntary dismissal, all significant industrial users listed in those NPDES permit holders' annual pretreatment program reports who are known to discharge a significant amount of a pollutant limited by the TMDL into the publicly owned treatment works.
(C)(1) In the case of an NPDES permit issued in draft or final form to a publicly owned treatment works that contains TMDL-based effluent limits, pretreatment limits derived therefrom, or other terms and conditions based on that TMDL, the director shall notify the NPDES permit holder and all significant industrial users listed in that NPDES permit holder's annual pretreatment program report that are known to discharge a significant amount of a pollutant recommended to be limited by the TMDL and for whom a new or modified pretreatment limit may be required.
(2) The director shall include in the notice, at a minimum, both of the following:
(a) A statement that the TMDL-based effluent limits or other terms and conditions based on the TMDL may result in more stringent direct or indirect discharge limits;
(b) A statement that notifies the significant industrial users that an appeal of the NPDES permit may be filed by a significant industrial user with the environmental review appeals commission in accordance with Chapter 3745. of the Revised Code.
(D)(1) A direct or indirect discharger pursuing an appeal or an indirect discharger joined to an appeal shall not be dismissed from the proceeding on grounds that the matter is not ripe for review.
(2) A challenge of TMDLbased effluent limits, pretreatment limits derived therefrom, or other terms and conditions based on that TMDL during the appeal of an NPDES permit shall not be dismissed on grounds that the matter is not ripe for review.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.60 | Issuance of Npdes Permits.

Effective:
September 30, 2011
Latest Legislation:
Senate Bill 22 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6111 | Water Pollution Control › Section 6111.99 | Penalties.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Whoever purposely violates section 6111.04, 6111.042, 6111.05, or division (A) or (C) of section 6111.07 of the Revised Code is guilty of a felony and shall be fined not more than twenty-five thousand dollars or imprisoned not more than four years, or both. Each day of violation is a separate offense.
(B) Whoever knowingly violates section 6111.04, 6111.042, 6111.045, 6111.047, 6111.05, 6111.45, or division (A) or (C) of section 6111.07 of the Revised Code is guilty of a misdemeanor and shall be fined not more than ten thousand dollars or imprisoned not more than one year, or both. Each day of violation is a separate offense.
(C) Whoever violates section 6111.46 of the Revised Code shall be fined not more than five hundred dollars.
(D) Whoever violates section 6111.42 of the Revised Code shall be fined not more than one hundred dollars for a first offense; for each subsequent offense, the person shall be fined not more than one hundred fifty dollars.
(E) Whoever violates section 6111.44 of the Revised Code shall be fined not more than ten thousand dollars. Each day of violation is a separate offense.
(F) If a person is convicted of or pleads guilty to a violation of any section of this chapter, in addition to the financial sanctions authorized by this chapter or section 2929.18 or 2929.28 or any other section of the Revised Code, the court imposing the sentence on the person may order the person to reimburse the state agency or a political subdivision for any actual costs that it incurred in responding to the violation, including the cost of restoring affected aquatic resources or otherwise compensating for adverse impact to aquatic resources directly caused by the violation, but not including the costs of prosecution.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6112 | Private Sewer Systems › Section 6112.01 | Private Sewer Systems Definitions.

Effective:
September 19, 1961
Latest Legislation:
Senate Bill 500 - 104th General Assembly
As used in sections 6112.01 to 6112.05, inclusive, of the Revised Code:
(A) "Sewage" means any substance that contains any of the waste products or excrementitious or other discharge from the bodies of human beings or animals, which pollutes the waters of the state.
(B) "Industrial waste" means any liquid, gaseous, or solid waste substance resulting from any process of industry, manufacture, trade, or business, or from the development, processing, or recovery of any natural resource, together with such sewage as is present, which pollutes the waters of the state.
(C) "Other wastes" means garbage, refuse, decayed wood, sawdust shavings, bark, and other wood debris, lime (except hydrated or dehydrated lime), sand, ashes, offal, night soil, oil, tar, coal dust, or silt, and other substances which are not included within the definitions of sewage and industrial waste set forth in this section, which pollute the waters of the state.
(D) "Sewerage system" means pipe lines or conduits, pumping stations, and force mains, and all other constructions, devices, appurtenances, and facilities used for collecting or conducting water-borne sewage, industrial waste, or other wastes to a point of disposal or treatment.
(E) "Treatment works" means any plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding sewage, industrial waste, or other wastes.
(F) "Disposal system" means a system for disposing of sewage, industrial waste, or other wastes, and includes sewerage systems and treatment works.
(G) "Waters of the state" mean all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, which are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface or underground waters.
(H) "Person" means a person, firm, partnership, association, or corporation, other than a county, township, municipal corporation, or other political subdivision.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6112 | Private Sewer Systems › Section 6112.02 | Application for Construction and Installation of New Disposal System for Disposal of Sewage, Industrial Waste, or Other Wastes.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
For the purpose of preventing, controlling, and abating new or existing pollution of the waters of the state, the director of environmental protection, upon application by any person and determination by the director that such action will be conducive to the public health, safety, convenience, and welfare, may grant approval for general plans to such person for the construction and installation of a disposal system for the disposal of sewage, industrial waste, or other wastes to serve any geographical area in one or more counties, whether or not said geographical area is part of one or more then existing sewer districts established under Chapter 6117. of the Revised Code, provided that said geographical area is not then being served by a disposal system for the disposal of sewage, industrial waste, or other wastes.
Upon receipt of any application, the director shall notify the board of county commissioners in any county in which any part of said geographical area is situated that such application has been filed. The board of county commissioners shall certify to the director, within thirty days after receipt of such notice, whether said geographical area is or is not then being served by a disposal system for the disposal of sewage, industrial waste, or other wastes.
There shall be submitted with such application such data required by the director to establish the need therefor to serve the public health, safety, convenience, and welfare, and such surveys, topographic maps, and profiles as are necessary for the determination of the proper boundaries of such geographical area. Surveys accompanying applications requesting the approval of general plans provided for in this section shall have been made under the supervision of and certified by a registered engineer or surveyor.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6112 | Private Sewer Systems › Section 6112.03 | Manner and Form of Application.

Effective:
May 6, 1998
Latest Legislation:
House Bill 26 - 122nd General Assembly
Applications for approval of plans for the construction and installation of facilities under this chapter shall be made in the manner and form prescribed by the director of environmental protection and shall be accompanied by plans, specifications, and other data that the director may require relative to the facilities for which approval of plans is requested. Thereafter, the director shall act upon the application in accordance with law and the rules adopted pursuant thereto.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6112 | Private Sewer Systems › Section 6112.04 | Supervision of a Registered Engineer.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
The construction of the facilities for which plans have been approved by the director of environmental protection shall be performed under the supervision of a registered engineer, in a manner acceptable to the director. Such registered engineer shall be employed by the applicant at his own expense.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6112 | Private Sewer Systems › Section 6112.05 | Acquisition of Sewerage and Disposal Systems by County.

Effective:
September 19, 1961
Latest Legislation:
Senate Bill 500 - 104th General Assembly
A board of county commissioners may acquire, by purchase, sewerage systems and disposal systems serving sewer districts within its county, constructed by any person under the authority granted by sections 6112.02 and 6112.03 of the Revised Code. If the board and owners thereof are unable to agree upon its purchase and sale, or the amount of compensation therefor, the board may appropriate the sewerage system and disposal system. To carry out the appropriation of the sewerage system and disposal system, the board shall proceed in the same manner as is provided by law for the appropriation of private property by a municipal corporation at the time such appropriation is made. The board shall perform all duties required to be performed by the mayor or legislative authority of a municipal corporation by such laws, and the passage of equivalent resolutions by such board shall fulfill the requirements of such laws as to resolutions and ordinances to be passed by the legislative authority of a municipal corporation.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6112 | Private Sewer Systems › Section 6112.99 | Penalty.

Effective:
May 6, 1998
Latest Legislation:
House Bill 26 - 122nd General Assembly
Whoever violates section 6112.02 or 6112.04 of the Revised Code shall be fined not more than five hundred dollars.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6113 | Ohio River Sanitation Compact › Section 6113.02 | Ohio Commission Members.

Effective:
August 21, 1973
Latest Legislation:
Senate Bill 131 - 110th General Assembly
In pursuance of article IV of the compact set forth in section 6113.01 of the Revised Code, there shall be three members of the Ohio river valley water sanitation commission from this state. The governor, with the advice and consent of the senate, shall appoint two of such commissioners, each of whom shall be a resident and citizen of the state. The two commissioners so appointed shall not be of the same political party. Terms of office of the appointed commissioners shall be for six years, commencing on the thirtieth day of June and ending on the twenty-ninth day of June, except that the term succeeding the term which ended on June 29, 1972 shall commence on June 30, 1972 and end on June 29, 1976. Each commissioner shall hold office from the date of his appointment until the end of the term for which he was appointed. Vacancies occurring in the office of any such commissioner from any reason or cause shall be filled by appointment by the governor, with the advice and consent of the senate. Any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall hold office for the remainder of such term. Any commissioner shall continue in office subsequent to the expiration date of his term until his successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
The third commissioner from the state shall be the director of environmental protection ex officio, and the term of such commissioner shall terminate at the time he ceases to hold the office of director, and his successor as a commissioner shall be his successor as said director. With the exception of the issuance of any order under article IX of the compact, said ex officio commissioner may delegate, from time to time, to his designated representative the power to be present and participate, including voting, as his representative or substitute at any meeting of or hearing by or other proceeding of the commission.
The term of each of the initial three members shall begin at the date of the appointment of the two appointive commissioners, provided said compact shall then have gone into effect in accordance with article XI of the compact; otherwise such terms shall begin upon the date upon which said compact becomes effective in accordance with said article XI.
Any commissioner may be removed from office by the governor upon charges and after a hearing, but opportunity to be heard shall be given.