Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-39 - Phase II Storm Water Rules - Small Municipal Separate Storm Sewer Systems (MS4s) › Section 3745-39-01 - Applicability of rules of procedure and definitions

Current through
			 all regulations passed and filed through July 1, 2024
(A) Except where otherwise provided, this
			 chapter shall be administered in accordance with provisions in Chapters 3745-47
			 and 3745-49 of the Administrative Code.
(B) Except as otherwise provided in this
			 chapter, all terms used in this chapter shall have the same meaning as in
			 section 6111.01 of the Revised Code.
(1) "Act" means the federal Water Pollution
			 Control Act (commonly referred to as the Clean Water Act),
			 33 U.S.C. sections
			 1251 to
			 1387.
(2) "Combined sewer" means a system that by
			 design and function conveys sanitary wastewater in dry weather to a publicly
			 owned treatment works and during wet weather conveys storm water and sanitary
			 wastewater to a publicly owned treatment works or combined sewer overflow
			 relief point specifically authorized by an Ohio national pollutant discharge
			 elimination system (NPDES) permit.
(3) "Director" means the director of the Ohio
			 environmental protection agency.
(4) "Discharge" means any addition of any
			 pollutant to surface waters of the state from a point source.
(5) "EPA" means environmental protection
			 agency.
(6) "Illicit discharge"
			 means any discharge to an MS4 other than discharges not requiring an NPDES
			 permit and NPDES permitted discharges.
(7) "Large MS4" means all municipal separate
			 storm sewer systems that are located in an incorporated place with a population
			 of two hundred fifty thousand or more as determined by the 2010 census by the
			 United States bureau of the census. The 2010 census is available at public
			 libraries and on the United States bureau of the census web site
www.census.gov
.
(8) "Medium MS4" means all municipal separate
			 storm sewer systems that are located in an incorporated place with a population
			 of one hundred thousand or more, but less than two hundred fifty thousand as
			 determined by the 2010 census by the United States bureau of the census. The
			 2010 census is available at public libraries and on the United States bureau of
			 the census web site
www.census.gov
.
(9) "MS4" means municipal separate storm
			 sewer system which means a conveyance or system of conveyances (including roads
			 with drainage systems, municipal streets, catch basins, curbs, gutters,
			 ditches, man-made channels or storm drains) that conforms to the following:
(a) Owned or operated by the federal
			 government, state, municipality, township, county, district or other public
			 body (created by or pursuant to state or federal law) including special
			 district under state law such as a sewer district, flood control district or
			 drainage districts, or similar entity, or a designated and approved management
			 agency under section 208 of the act (
			 33 U.S.C. section
			 1288 ) that discharges into surface waters of
			 the state.
(b) Designed or used for
			 collecting or conveying solely storm water.
(c) Not a combined sewer.
(d) Not a part of a publicly owned treatment
			 works.
[Comment: What constitutes a municipal separate storm sewer
				system is often misinterpreted and misunderstood. The term does not solely
				refer to municipally owned storm sewer systems, but rather is a term of art
				with a much broader application that can include, in addition to local
				jurisdictions, state and federal facilities, public universities, local sewer
				districts, public hospitals, federal installations, military bases and prisons.
				The municipal separate storm sewer system is not just a system of underground
				pipes -it can include roads with drainage systems, gutters and ditches.]
(10) "NPDES permit
			 coverage" means a permit issued by the state of Ohio under the national
			 pollutant discharge elimination system for a discharge from a point source to
			 surface waters of the state.
(11)
			 "Ohio NPDES general permit" means a permit issued by the state of Ohio for a
			 category of point source discharges originating from multiple sites.
(12) "Ohio NPDES individual permit" means a
			 permit issued by the state of Ohio for a discharge from a point source at a
			 facility which is either in compliance with authorized discharge levels or
			 which includes a schedule which will bring the point source into compliance
			 with authorized discharge levels.
(13) "Ohio water quality standards" means all
			 water quality standards which apply to surface waters of the state under
			 Chapter 3745-1 of the Administrative Code.
(14) "Point source" means any discernible,
			 confined, and discrete conveyance, including but not limited to any pipe,
			 ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
			 stock, concentrated animal feeding operation, landfill leachate collection
			 system, vessel or other floating craft, from which pollutants are or may be
			 discharged. This term does not include return flows from irrigated agriculture
			 or agricultural storm water runoff (see
			 40
			 C.F.R. 122.3 ).
(15) "Pollutant" means sewage, industrial
			 waste, sludge, sludge materials or other wastes as defined by section
			 6111.01 of the Revised
			 Code.
(16) "Small MS4" means all
			 municipal separate storm sewer systems that are neither a large MS4 nor a
			 medium MS4.
(17) "Storm water"
			 means storm water runoff, snow melt runoff and surface runoff and
			 drainage.
(18) "Surface waters of
			 the state" or "water bodies" mean all streams, lakes, reservoirs, ponds,
			 marshes, wetlands or other waterways which are situated wholly or partially
			 within the boundaries of the state, except those private waters which do not
			 combine or effect a junction with natural surface or underground waters. Waters
			 defined as sewerage systems, treatment works or disposal systems in section
			 6111.01 of the Revised Code are
			 not included.