Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-26 - Conditions applicable to all permits

Current through all
			 regulations passed and filed through July 1, 2024
The following conditions apply to all UIC permits. All
				conditions applicable to all permits shall be incorporated into the permits
				either expressly or by reference. If incorporated by reference, a specific
				citation to these rules must be given in the permit.
(A) Duty to comply. The permittee must comply
			 with all conditions of the permit. Any permit noncompliance constitutes a
			 violation of sections
			 6111.043 and
			 6111.044 of the Revised Code and
			 is grounds for enforcement action; for permit termination, revocation and
			 reissuance, or modification; or for denial of a permit renewal application;
			 except that the permittee need not comply with the provisions of the permit to
			 the extent and for the duration such noncompliance is authorized in an
			 emergency permit under rule
			 3745-34-19 of
			 the Administrative Code.
(B) Duty
			 to reapply. If the permittee wishes to continue an activity regulated by the
			 permit after the expiration date of the permit, the permittee must apply for
			 and obtain a new permit.
(C) Need
			 to halt or reduce activity not a defense. It shall not be a defense for a
			 permittee in an enforcement action that it would have been necessary to halt or
			 reduce the permitted activity in order to maintain compliance with the
			 conditions of the permit.
(D) Duty
			 to mitigate. The permittee shall take all reasonable steps to minimize or
			 correct any adverse impact on the environment resulting from noncompliance with
			 the permit.
(E) Proper operation
			 and maintenance. The permittee shall at all times properly operate and maintain
			 all facilities and systems of treatment and control (and related appurtenances)
			 which are installed or used by the permittee to achieve compliance with the
			 conditions of the permit. "Proper operation and maintenance" includes effective
			 performance, adequate funding, adequate operator staffing and training, and
			 adequate laboratory and process controls, including appropriate quality
			 assurance procedures. This provision requires the operation of back-up or
			 auxiliary facilities or similar systems only when necessary to achieve
			 compliance with the conditions of the permit.
(F) Permit actions. The permit may be
			 modified, revoked and reissued, or terminated for cause. The filing of a
			 request by the permittee for a permit modification, revocation and reissuance,
			 or termination, or a notification of planned changes or anticipated
			 noncompliance, does not stay any permit condition.
(G) Property right. The permit does not
			 convey any property rights of any sort, or any exclusive privilege.
(H) Duty to provide information. The
			 permittee shall furnish to the director, within a time specified, any
			 information which the director may request to determine whether cause exists
			 for modifying, revoking and reissuing, or terminating the permit, or to
			 determine compliance with the permit. The permittee shall also furnish to the
			 director, upon request, copies of records required to be kept by the permittee.
(l) Inspection and entry. The
			 permittee shall allow the director, or an authorized representative, upon the
			 presentation of credentials and other documents as may be required by law, to:
(1) Enter upon the permittee's premises where
			 a regulated facility or activity is located or conducted, or where records must
			 be kept under the conditions of the permit;
(2) Have access to and copy, at reasonable
			 times, any records that must be kept under the conditions of the permit;
(3) Inspect at reasonable times
			 any facilities, equipment (including monitoring and control equipment),
			 practices, or operations regulated or required under the permit; and
(4) Sample or monitor at reasonable times,
			 for the purposes of assuring permit compliance or as otherwise authorized by
			 Chapter 6111. of the Revised Code, any substances or parameters at any
			 location.