reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-36 - Permit Program Regulating Discharge of Nondomestic Wastewater into a POTW › Section 3745-36-02 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
As used in this chapter:
(A)
(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) "Administrator" means the administrator
			 of the United States environmental protection agency.
(3) "Applicant" means any person who files
			 for an Ohio individual indirect discharge permit.
(4) "Application" means the Ohio
			 environmental protection agency form used to apply for an Ohio individual
			 indirect discharge permit.
(5)
			 "Approved POTW pretreatment program" or "POTW pretreatment program" or
			 "pretreatment program" means a program administered by a POTW that meets the
			 criteria established in 40 C.F.R. 403 and section 6111.032 of the Revised Code
			 and that has been approved by the director in accordance with 40 C.F.R. 403 and
			 section 6111.03 of the Revised Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-36 - Permit Program Regulating Discharge of Nondomestic Wastewater into a POTW › Section 3745-36-03 - Individual indirect discharge permits

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-36-02 of the
				Administrative Code.]
(A) Any
			 significant industrial user or non-significant categorical industrial user, as
			 defined in rule
			 3745-36-02 of the
			 Administrative Code, is required to apply for and obtain an individual indirect
			 discharge permit in accordance with this chapter.
(B) The requirement to obtain an individual
			 indirect discharge permit in accordance with this rule or coverage under an
			 indirect discharge permit-by-rule as specified in rule
			 3745-36-06
			 of the Administrative Code shall not apply to any industrial user that is under
			 the regulatory jurisdiction of a POTW that has an approved pretreatment program
			 in accordance with the provisions of Chapter 3745-3 of the Administrative Code,
			 except in the context of an enforcement action.
(C) Where a POTW's pretreatment program
			 approval has been withdrawn or revoked, all significant industrial users and
			 non-significant categorical industrial users of the POTW shall be required to
			 apply for an indirect discharge permit in accordance with this chapter no later
			 than ninety days from the date on which the industrial user was notified of the
			 withdrawal or revocation of the pretreatment program approval.
(D) New individual indirect discharge
			 permits. Industrial users required to obtain an individual indirect discharge
			 permit for the first time shall submit the application required in paragraph
			 (H) of this rule. In addition, the application shall include an authorization
			 to discharge by the POTW, as described in paragraph (I) of this rule. A
			 complete application shall be submitted in accordance with the corresponding
			 time frame, as follows:
(1) At least one
			 hundred eighty days prior to commencement of discharge for new sources, as
			 defined in rule
			 3745-36-02 of the
			 Administrative Code.
(2) Within the
			 timeframe specified by Ohio EPA upon notifying the industrial user of the
			 user's requirement to apply for and obtain an individual indirect discharge
			 permit.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-36 - Permit Program Regulating Discharge of Nondomestic Wastewater into a POTW › Section 3745-36-04 - Prohibited discharges

Current through all regulations passed and
			 filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-36-02 of the
				Administrative Code.]
(A) Pollutants
			 introduced into a POTW by an industrial user shall not pass through the POTW or
			 interfere with the operation or performance of the POTW. These general
			 prohibitions and the specific prohibitions in paragraph (B) of this rule apply
			 to all sources of indirect discharge whether or not the source is subject to
			 other national, state, or local pretreatment standards or
			 requirements.
(B) None of the
			 following described substances shall be introduced into a POTW:
(1) Pollutants that create a fire or
			 explosion hazard in the POTW including, but not limited to, wastestreams with a
			 closed cup flashpoint of less than sixty degrees Celsius (one hundred forty
			 degrees Fahrenheit), using the test methods specified in
			 40 C.F.R.
			 261.21.
(2) Pollutants that will cause corrosive
			 structural damage to the POTW, but in no case discharges with pH lower than
			 5.0, unless the POTW is specifically designed to accommodate such
			 discharges.
(3) Solid or viscous
			 pollutants in amounts that will cause obstruction to the flow in sewers, or
			 other interference with the operation of the POTW.
(4) Any pollutant, including oxygen demanding
			 pollutants, released in a discharge at a flow rate or pollutant concentration
			 as to cause interference or pass through of the POTW.
(5) Heat in amounts that will inhibit
			 biological activity in the POTW's treatment plant resulting in interference or
			 pass through, or causing damage, but in no case heat in such quantities that
			 the temperature exceeds forty degrees Celsius (one hundred four degrees
			 Fahrenheit) at the POTW treatment plant unless the director, upon request of
			 the POTW, approves an alternate temperature limit.
(6) Petroleum oil, non-biodegradable cutting
			 oil, or products of mineral oil origin in amounts that will cause interference
			 or pass through of the POTW.
(7)
			 Pollutants that result in the presence of toxic gases, vapors, or fumes within
			 the POTW in a quantity that may cause acute worker health and safety
			 problems.
(8) Any trucked or hauled
			 pollutants, except at discharge points designated by the POTW.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-36 - Permit Program Regulating Discharge of Nondomestic Wastewater into a POTW › Section 3745-36-05 - Notification of potential problems

Current through all regulations
			 passed and filed through July 1, 2024
(A) All industrial users shall notify the
			 POTW immediately of all discharges that could cause problems to the POTW,
			 including any slug loading, as defined in rule
			 3745-36-02 of the
			 Administrative Code. The industrial user shall immediately notify the POTW and
			 Ohio EPA upon discovery of any slug load as follows:
(1) Immediately upon the discovery of a slug
			 load, the industrial user shall provide all of the following:
(a) A description of the discharge and the
			 cause of the incident.
(b) The
			 period of slug loading or bypass, including exact dates and times and, if not
			 corrected, the anticipated time the noncompliance is expected to
			 continue.
(c) The steps taken or
			 planned to reduce, eliminate, and prevent recurrence of the slug loading or
			 bypass.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-36 - Permit Program Regulating Discharge of Nondomestic Wastewater into a POTW › Section 3745-36-06 - Indirect discharge permit-by-rule

Current through all
			 regulations passed and filed through July 1, 2024
(A) Notwithstanding any other provision of
			 this chapter, an industrial user shall be deemed to have an indirect discharge
			 permit-by-rule if the industrial user meets all of the following conditions:
(1) The industrial user is not a significant
			 industrial user or non-significant categorical industrial user as defined in
			 rule
			 3745-36-02 of the
			 Administrative Code.
(2) The
			 industrial user complies with all applicable requirements in rules
			 3745-36-04
			 and
			 3745-36-05
			 of the Administrative Code.
(3) The
			 industrial user is not under the regulatory jurisdiction of a POTW that has an
			 approved pretreatment program pursuant to Chapter 3745-3 of the Administrative
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-36 - Permit Program Regulating Discharge of Nondomestic Wastewater into a POTW › Section 3745-36-07 - Trade secrets; request for confidentiality

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-3-01 of the
				Administrative Code.]
(A) Any record,
			 report, or other information obtained under this chapter shall be available to
			 the public, except upon a showing satisfactory to the director that all or part
			 of such record, report, or other information, other than effluent data, would
			 divulge methods or processes entitled to protection as trade secrets, in which
			 instance Ohio EPA shall consider such record, report, or other information or
			 part thereof as confidential and administer such record, report, or other
			 information pursuant to this rule. Wastewater constituents and characteristics
			 and other effluent data, as defined in
			 40
			 C.F.R. 2.302, shall not be considered
			 confidential information and shall be available to the public without
			 restriction. All other information that is submitted to the state or POTW shall
			 be available to the public at least to the extent provided by
			 40
			 C.F.R. 2.302.
(B) A request for confidential treatment
			 shall be submitted to Ohio EPA simultaneously with submission of the specific
			 record, report, or other information with documentation sufficient to support
			 that the record, report, or other information is confidential. Failure to make
			 such timely request shall constitute a waiver of the right to prevent public
			 disclosure. A request at a later time will be entertained by Ohio EPA, but Ohio
			 EPA will not be liable for any information released prior to receiving the
			 request.
(C) A decision as to
			 whether to treat the record, report, or other information as confidential shall
			 be made by the director within forty-five days of receipt of the request and
			 accompanying documentation. Until such decision is made, the record, report, or
			 other information or part thereof, shall be treated as confidential. The person
			 requesting confidentiality shall be notified in writing of the director's
			 decision.
(D) Any record, report,
			 or other information determined to be confidential may be disclosed, without
			 such person's consent in any of the following circumstances:
(1) To officers, employees, or authorized
			 representatives of the state or a federal agency.
(2) In any judicial proceeding.
(3) In any administrative hearing.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-36 - Permit Program Regulating Discharge of Nondomestic Wastewater into a POTW › Section 3745-36-08 - Requirements applicable to all facilities covered under an individual indirect discharge permit

Current through all regulations passed and
			 filed through July 1, 2024
(A) Periodic compliance monitoring reports.
			 These reports shall contain all results of sampling required by the individual
			 indirect discharge permit.
(1) Industrial
			 users subject to pretreatment standards after the compliance date of such
			 pretreatment standard, or in the case of a new source, after commencement of
			 discharge into the POTW, shall submit a periodic compliance monitoring report
			 to Ohio EPA and the POTW during the months of June and December, unless any of
			 the following apply:
(a) The report is
			 required more frequently.
(b) The
			 report is required during different months by the categorical pretreatment
			 standard or Ohio EPA.
(c) Reduced
			 reporting requirements have been approved in accordance with rule
			 3745-36-10
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-36 - Permit Program Regulating Discharge of Nondomestic Wastewater into a POTW › Section 3745-36-09 - Conditions specific to categorical industrial users

Current
			 through all regulations passed and filed through July 1,
			 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-36-02 of the
				Administrative Code.]
(A) In addition
			 to the requirements specified in rule
			 3745-36-08
			 of the Administrative Code, categorical industrial users shall comply with the
			 reporting requirements and limits specified in this rule.
(B) Initial compliance report. Within ninety
			 days following the date for final compliance with applicable categorical
			 pretreatment standards or, in the case of a new source, within ninety days
			 following commencement of the introduction of wastewater into the POTW, any
			 industrial user subject to categorical pretreatment standards shall submit to
			 Ohio EPA a report containing all of the following information:
(1) Information showing the measured average
			 daily and maximum daily flow, in gallons per day, to the POTW from each of the
			 following:
(a) Regulated process
			 streams.
(b) Other streams as
			 necessary to allow use of the combined wastestream formula of
			 40 C.F.R.
			 403.6. The director may allow for verifiable
			 estimates of these flows where justified by cost or feasibility
			 considerations.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-37 - Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities › Section 3745-37-01 - Solid waste facility license or infectious waste treatment facility license or construction and demolition debris facility license required

Current through all regulations passed and filed through July 1,
			 2024
(A)
								Any reference to this chapter in rule
			 3745-27-01 of the
			 Administrative Code shall be construed as a reference to rule
			 3745-501-05
			 of the Administrative Code.
(B)
								Any reference to
			 this chapter in rule
			 3745-27-03
			 of the Administrative Code shall be construed as a reference to Chapter
			 3745-501 of the Administrative Code.
(C)
								Any reference to
			 this chapter in rule
			 3745-27-19
			 of the Administrative Code shall be construed as a reference to rule
			 3745-501-15
			 of the Administrative Code.
(D)
								Any reference to
			 this rule in rule
			 3745-27-56
			 of the Administrative Code shall be construed as a reference to rule
			 3745-501-05
			 of the Administrative Code.
(E)
								Any reference to
			 this chapter in rule
			 3745-400-01 of the
			 Administrative Code shall be construed as a reference to rule
			 3745-501-05
			 of the Administrative Code.
(F)
								Any reference to
			 this chapter in rule
			 3745-400-03
			 of the Administrative Code shall be construed as a reference to Chapter
			 3745-501 of the Administrative Code.
(G)
								Any reference to
			 this chapter in rule
			 3745-400-11
			 of the Administrative Code shall be construed as a reference to rule
			 3745-501-05
			 of the Administrative Code.
(H)
								Any reference to
			 this chapter in rule
			 3745-400-12
			 of the Administrative Code shall be construed as a reference to rule
			 3745-501-10
			 of the Administrative Code.
(I)
								Any reference to
			 this chapter in rule
			 3745-400-15
			 of the Administrative Code shall be construed as a reference to Chapter
			 3745-501 of the Administrative Code.
Replaces: 3745-37-01
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-37 - Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities › Section 3745-37-02 - Solid waste facility license, infectious waste treatment facility license or construction and demolition debris facility license application

Current through all regulations passed and filed through July 1,
			 2024
(A)
								Any reference to this rule in rule
			 3745-400-08
			 of the Administrative Code shall be construed as a reference to rule
			 3745-501-10
			 of the Administrative Code.
(B)
								Any reference to
			 this rule in rule
			 3745-400-11
			 of the Administrative Code shall be construed as a reference to rule
			 3745-501-10
			 of the Administrative Code.
Replaces: 3745-37-02
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-37 - Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities › Section 3745-37-03 - Criteria for issuing solid waste facility licenses, infectious waste treatment facility licenses, or construction and demolition debris facility licenses

Current through all regulations passed and filed
			 through July 1, 2024
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-37 - Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities › Section 3745-37-07 - Procedures for granting, denying, suspending, modifying, revoking, or disapproving transfer of solid waste facility licenses, infectious waste treatment facility licenses or construction and demolition debris facility licenses

Current through all regulations passed and
			 filed through July 1, 2024
Any reference to this rule in rule
				3745-37-08
				of the Administrative Code shall be construed as a reference to rules
				3745-500-120,
				3745-501-15,
				and
				3745-501-20
				of the Administrative Code.
Replaces: 3745-37-07
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-37 - Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities › Section 3745-37-08 - Approved list of health districts

Current through all
			 regulations passed and filed through July 1, 2024
(A) The director shall maintain the following
			 approved lists of health districts:
(1) The
			 solid and infectious wastes program approved list of health districts for the
			 purpose of issuing a license to a solid waste facility or infectious waste
			 treatment facility under section
			 3734.05 of the Revised Code;
			 and
(2) The construction and
			 demolition debris program approved list of health districts for the purpose of
			 issuing a license to a construction and demolition debris facility under
			 section 3714.06 of the Revised
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-37 - Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities › Section 3745-37-09 - Return of solid waste facility, infectious waste treatment facility, and construction and demolition debris facility licensing function to health districts

Current through all regulations passed and
			 filed through July 1, 2024
(A) The director shall return the solid waste
			 facility licensing and infectious waste treatment facility licensing and
			 construction and demolition debris facility licensing function to a health
			 district from which he has taken the licensing function pursuant to section
			 3734.08 and division (A) of
			 section 3714.09 of the Revised Code and
			 rule
			 3745-37-08
			 of t the Administrative Code if he determines that the health district is both
			 capable of and willing to enforce all applicable requirements of Chapters 3734.
			 and 3714. of the Revised Code and Chapters 3745-27, 3745-400, and 3745-37 of
			 the Administrative Code.
(B) The
			 director shall return the construction and demolition debris facility licensing
			 function to a health district from which he has taken the licensing function
			 pursuant to division (B) of section
			 3714.09 of the Revised Code and
			 rule
			 3745-37-08
			 of the Administrative Code if he determines that the health district is both
			 capable of and willing to enforce all applicable requirements of Chapter 3714.
			 of the Revised Code and Chapters 3745-400 and 3745-37 of the Administrative
			 Code.
(C) The director shall place
			 a health district not currently on the solid and infectious wastes program
			 approved list on the construction and demolition debris facility program
			 approved list if he determines that the health district is both capable and
			 willing to enforce all applicable requirements of Chapter 3714. of the Revised
			 Code and 3745-400 and 3745-37 of the Administrative Code.
(D) In making the determination required in
			 paragraph (A) or (B) of this rule, the director shall take into consideration:
(1)
(a)
			 Changes in or additions to the staff; and
(b) Increases in the funds available to the
			 health district for enforcement of Chapters 3734. and/or 3714. of the Revised
			 Code and Chapters 3745-27, 3745-400, and 3745-37 of the Administrative Code;
			 and
(c) For the construction and
			 demolition debris facility licensing function, staff credentials as required in
			 paragraph (D)(11) of rule
			 3745-37-08
			 of the Administrative Code; and
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-37 - Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities › Section 3745-37-10 - Time for inspections

Current through all regulations passed
			 and filed through July 1, 2024
Whenever a person requests in writing that the health
				commissioner or the director or his authorized representative make any
				inspection required by Chapters 3745-27, 3745-400, and 3745-37 of the
				Administrative Code, the health commissioner or the director or his authorized
				representative shall make such inspection within fifteen calendar days of
				receipt of the request.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-37 - Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities › Section 3745-37-11 - Health districts - additional applicability

Current through
			 all regulations passed and filed through July 1, 2024
For the purposes of rules
				3745-37-08,
				3745-37-09,
				and
				3745-37-10
				of the Administrative Code, a reference to this chapter shall be construed as a
				reference to rules
				3745-37-08,
				3745-37-09,
				3745-37-10,
				3745-500-120,
				3745-501-15,
				3745-501-20,
				3745-501-35,
				and
				3745-501-40
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-37 - Licenses for Solid Waste, Infectious Waste Treatment, or Construction and Demolition Debris Facilities › Section 3745-37-14 - Authorized maximum daily waste receipts

Current through all
			 regulations passed and filed through July 1, 2024
An owner or operator subject to this
				rule shall follow rule 3745-501-75 of the Administrative Code.
Replaces: 3745-37-14
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-38 - Ohio NPDES General Permits › Section 3745-38-02 - Requirements for general national pollutant discharge elimination system (NPDES) permits

Current through all regulations passed and
			 filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-38-01 of the
				Administrative Code.]
(A) General
			 NPDES permit requirements.
(1) No person may
			 discharge any pollutant or cause, permit, or allow a discharge of any pollutant
			 from a point source without applying for and obtaining an individual NPDES
			 permit in accordance with Chapter 3745-33 of the Administrative Code or
			 obtaining authorization to discharge under a general NPDES permit in accordance
			 with this chapter. As a minimum, this chapter shall be administered consistent
			 with the act and regulations adopted by the administrator, including 40 CFR
			 122,
			 123.44
			 and 124.
(2) Each point source
			 shall be regulated by an individual or general NPDES permit, as determined by
			 the director.
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 3745-39-02 - Objectives of the Ohio EPA storm water management program for small MS4s

Current through all regulations passed and filed through July 1,
			 2024
(A) Storm water
			 runoff continues to harm Ohio's waters. Runoff from lands modified by human
			 activities can harm surface water resources in several ways, including the
			 changing of natural hydrologic patterns and elevating pollutant concentrations
			 and loadings. Storm water runoff may contain or mobilize high levels of
			 contaminants, such as sediment, suspended solids, nutrients, heavy metals,
			 pathogens, toxins, oxygen-demanding substances and floatables.
(B) The purpose of the Ohio EPA storm water
			 management program for small municipal separate storm sewer systems (MS4s) is
			 to regulate sources to protect water quality and to establish a comprehensive
			 storm water management program. In this program, small MS4s have flexibility to
			 determine the best management practices and measurable goals that are most
			 appropriate for the system, for each of the six minimum control measures
			 described in paragraph (C) of rule
			 3745-39-03
			 of the Administrative Code.
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 3745-39-03 - Ohio EPA NPDES requirements for small MS4s

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-39-01
				of the Administrative Code.]
The rules in this chapter are written in a "readable rule"
				format. Also included, and identified as such, are comments. Comments are not
				legally binding and are recommendations only. Guidance documents for topics
				discussed in this rule can be found online at:
http://epa.ohio.gov/dsw/storm/index.aspx
.
(A) Regulation by rule, designation, petition
			 and waivers under the Ohio EPA storm water management program for small
			 municipal separate storm sewer systems (MS4s).
(1) An entity is regulated under the Ohio EPA
			 storm water management program for small MS4s if said entity operates a small
			 MS4 including, but not limited to, systems operated by federal, state and local
			 governments, including the Ohio department of transportation, and either of the
			 following conditions apply:
(a) The small MS4
			 is located in an urbanized area as determined by the latest decennial census by
			 the United States bureau of the census, available at public libraries and on
			 the United States bureau of the census web site
www.census.gov
.
(b) The small MS4 is designated by the
			 director pursuant to paragraph (F) of this rule or is the subject of a petition
			 to the director to require coverage under an Ohio NPDES permit for the
			 discharge of storm water pursuant to paragraph (F) of this rule, and said
			 petition is granted.
[Comment: Under paragraph (A)(1)(a) of this rule, the small MS4
				is deemed to be regulated by rule.]
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 3745-39-04 - Ohio EPA NPDES requirements for industries, including construction activities, and large and medium MS4s

Current through all regulations passed and
			 filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-39-01
				of the Administrative Code.]
(A)
			 Permit requirement.
(1) The following
			 discharges composed entirely of storm water shall require an Ohio NPDES permit:
(a) A discharge with respect to which a
			 permit has been issued prior to February 4, 1987.
(b) A discharge associated with industrial
			 activity (for discharges associated with industrial activity, see paragraph
			 (A)(4) of this rule for additional requirements).
(c) A discharge from a large municipal
			 separate storm sewer system.
(d) A
			 discharge from a medium municipal separate storm sewer system.
(e) A discharge that the director determines
			 to contribute to a violation of an Ohio water quality standard or is a
			 significant contributor of pollutants to surface waters of the state. This
			 designation may include a discharge from any conveyance or system of
			 conveyances used for collecting and conveying storm water runoff or a system of
			 discharges from municipal separate storm sewers, except for those discharges
			 from conveyances that may not require a permit under paragraph (A)(2) of this
			 rule or agricultural storm water runoff that is exempted from the definition of
			 point source. The director may designate discharges from municipal separate
			 storm sewers on a system-wide or jurisdiction-wide basis. In making this
			 determination the director may consider all of the following factors:
(i) The location of the discharge with
			 respect to surface waters of the state as defined in rule
			 3745-39-01
			 of the Administrative Code.
(ii)
			 The size of the discharge.
(iii)
			 The quantity and nature of the pollutants discharged to surface waters of the
			 state.
(iv) Other relevant
			 factors.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-40 - Sewage Sludge › Section 3745-40-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A)
(1) "Aerobic
			 digestion" means the biochemical decomposition of organic matter in sewage
			 sludge material into carbon dioxide and water by microorganisms in the presence
			 of oxygen.
(2) "Agronomic benefit" means agronomic benefit, as
			 defined in section 6111.01 of the Revised Code.
(3) "Agronomic rate"
			 means a rate of application of nutrients from any source to the land or an
			 amount of nutrients removed by crop based on all of the
			 following:
(a) Nutrient content of the biosolids to be
			 applied.
(b) Nutrient needs of
			 the current or planned crops.
(c) Nutrient holding
			 capacity of the soil.
(4) "Anaerobic
			 digestion" means the biochemical decomposition of organic matter in sewage
			 sludge into methane gas and carbon dioxide by microorganisms in the absence of
			 oxygen.
(5) "Animal waste" means animal excreta, bedding, wash
			 waters, waste feed, and silage drainage.
(6) "Authorized
			 beneficial use site" means an area of land that has been authorized by the Ohio
			 environmental protection agency to receive class B biosolids in accordance with
			 rule
			 3745-40-06
			 of the Administrative Code.
(7) "Available water
			 capacity" means the capacity of soils to hold water available for use by most
			 plants.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-40 - Sewage Sludge › Section 3745-40-02 - Purpose, applicability, general requirements, exclusions and prohibitions

Current through all regulations passed
			 and filed through July 1, 2024
[Comment: For dates of non-regulatory
				government publications, publications of recognized organizations and
				associations, federal rules and federal statutory provisions referenced in this
				rule, see rule
				3745-40-01 of the
				Administrative Code.]
(A)
								Purpose.
(1)
									The purpose of this chapter is all of the
			 following:
(a)
										To establish standards applicable to the treatment, storage,
			 transfer or disposal of sewage sludge or biosolids.
(b)
										To establish
			 standards applicable to the beneficial use of biosolids.
(c)
										To reasonably
			 protect public health and the environment.
(d)
										To encourage the
			 beneficial use of biosolids.
(e)
										To minimize the
			 creation of nuisance odors.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-40 - Sewage Sludge › Section 3745-40-04 - Biosolids classifications

Current through all regulations
			 passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-40-01 of the
				Administrative Code.]
(A) General
			 requirements.
(1)
									A biosolids classification shall be determined in
			 accordance with table A-1 of this rule.
(a)
										For exceptional quality biosolids, the pathogen
			 reduction alternatives in accordance with table A-1 of this rule shall be met
			 either prior to or at the same time as meeting the vector attraction reduction
			 requirements, except the vector attraction reduction requirements in paragraphs
			 (C)(6) to (C)(8) of this rule.
Table A-1: Biosolids classifications
Biosolids classification
Requirements for pathogen reduction
Additional requirements for fecal coliform or
						  Salmonella sp. bacteria reduction
Requirements for vector attraction reduction
Requirements for metals concentration limits
B
Choose from pathogen reduction alternatives P-1 to
						  P-16, in accordance with paragraphs (B)(1) to (B)(16) of this rule
Not applicable.No additional requirements
						  for fecal coliform exist beyond the requirements to meet pathogen reduction
						  alternative P-1
Choose from vector attraction reduction options VAR-1
						  to VAR-10, in accordance with paragraphs (C) (1) to (C)(10) of this rule
Table D-1 of this rule, and as applicable table D-3 of
						  this rule
Exceptional quality
Choose from pathogen reduction alternatives P-8 to
						  P-16, in accordance with paragraphs (B)(8) to (B)(16) of this rule
Applicable in accordance with paragraph (B) of this
						  rule
Choose from vector attraction reduction options VAR-1
						  to VAR-8, in accordance with paragraphs (C) (1) to (C)(8) of this rule
Table D-1 of this rule and table D-3 of this
						  rule
.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-40 - Sewage Sludge › Section 3745-40-05 - Notice and necessary information requirements for biosolids

Current through all regulations passed and filed through July 1,
			 2024
(A)
			 Notice and necessary information requirements for
			 permittees. A permittee shall provide the initial person who
			 receives class B or bulk exceptional quality
			 biosolids information including, but not limited to all
			 of the following:
(1) The name,
			 address, telephone number and NPDES permit
			 number of the permittee.
(2) The
			 following statement: "The material you are receiving is or contains
			 class B or exceptional quality (EQ) [select one
			 option] biosolids that have been treated to meet the requirements in
			 Chapter 3745-40 of the Administrative Code."
(3) The concentration of total Kjeldahl
			 nitrogen, ammonia nitrogen, total phosphorus and total potassium of the
			 biosolids in milligrams per kilogram, dry weight basis.
(4) The concentration of pollutants, as
			 identified in paragraph (D) of rule
			 3745-40-04
			 of the Administrative Code in milligrams per kilogram, dry weight basis.
(5) The pathogen reduction alternative, as
			 identified in paragraph (B) of rule
			 3745-40-04
			 of the Administrative Code, and the vector attraction reduction option, as
			 identified in paragraph (C) of rule
			 3745-40-04
			 of the Administrative Code, that has been satisfied.
(6) A statement that the biosolids shall be
			 further treated, stored, transferred, disposed of or beneficially used in
			 accordance with this chapter.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-40 - Sewage Sludge › Section 3745-40-09 - Approved sampling methods, monitoring frequency requirements, record retention and annual reporting requirements

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rule
				3745-40-01 of the
				Administrative Code.]
(A) Approved
			 sampling methods.
(1) Except as provided in
			 paragraph (A)(2) of this rule, a permittee shall collect and analyze, as
			 applicable, representative samples of biosolids in accordance with table A-1 of
			 this rule, or any other method as approved under 40 C.F.R. 503. The following
			 methods or methods listed in 40 C.F.R. Part 136 shall be used to analyze
			 samples of biosolids and are adopted by reference in this chapter.
Table A-1: Approved methods for sampling.
Sample
Approved method
Enteric viruses
ASTM D4994
Fecal coliform
Part 9221E. or part 9222D., "Standard Methods for the
						  Examination of Water and Wastewater"
Foreign/inert
						  matter
U.S. EPA 160.3 "Methods for
						  Chemical Analysis of Water and Wastes"
Helminth ova
Yanko, W.A. "Occurrence of Pathogens in Distribution
						  and Marketing Municipal Sludges"
Inorganic pollutants
"EPA SW-846 - Test Methods for Evaluating Solid Waste,
						  Physical/Chemical Methods"
Salmonella sp. bacteria
Part 9260D., "Standard Methods for the Examination of
						  Water and Wastewater" or Kenner, B.A. and H.P. Clark, "Detection and
						  Enumeration of Salmonella and Pseudomonas aeruginosa."
Specific oxygen uptake rate
Part 2710B., "Standard Methods for the Examination of
						  Water and Wastewater"
Total, fixed, and volatile solids
Part 2540G., "Standard Methods for the Examination of
						  Water and Wastewater"
(2) The
			 director may approve alternative sampling methods to those listed in table A-1
			 of this rule provided the permittee submits a copy of the alternative sampling
			 method being proposed and any necessary support documentation to the director
			 for consideration prior to any sampling being done.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-40 - Sewage Sludge › Section 3745-40-10 - Facility storage requirements

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								Facility storage
			 requirements. Except as provided in paragraph (B) of this rule, facility
			 storage of sewage sludge or biosolids shall meet all of the following
			 requirements:
(1)
									Be provided by the permittee in a manner that is
			 protective of human health and the environment, and that does not impact waters
			 of the state or create nuisance odors.
(2)
									Unless
			 demonstrated to the director that engineered or contracted alternatives to
			 facility storage of sewage sludge or biosolids are in place in accordance with
			 paragraph (B) of this rule, consist of one hundred twenty days of biosolids
			 storage for the design capacity of the treatment works. The one hundred twenty
			 days of facility storage should be over and above the treatment capacity of the
			 sewage sludge or biosolids treatment train. Units provided for storage should
			 be dedicated for storage and not sewage sludge or biosolids
			 treatment.
(3)
									Be approved by a permit to install that shall be
			 obtained from the director in accordance with Chapter 3745-42 of the
			 Administrative Code prior to the construction of any facility storage.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-40 - Sewage Sludge › Section 3745-40-11 - Signage requirements for beneficial use sites receiving class B biosolids

Current through all regulations passed and
			 filed through July 1, 2024
[Comment: For dates of non-regulatory
				government publications, publications of recognized organizations and
				associations, federal rules and federal statutory provisions referenced in this
				rule, see rule
				3745-40-01 of the
				Administrative Code.]
(A) Unless
			 deemed otherwise by the director, any authorized beneficial use site, where
			 class B biosolids are beneficially used, shall have signs
			 that adhere, at a minimum, to the following
			 requirements:
(1)
									Are
			 erected at least one week prior to the delivery of biosolids to the site.
(2)
									Face each road frontage, within
			 twenty-five feet of the road.
(3)
			 Within twenty-five feet of any entrance or exit on a public road where the site
			 is accessed for beneficial use. The sign shall face the public road.
(4)
									In other
			 locations to protect public health or the environment as determined by the
			 director or the director's authorized representative.
(5)
									Include text that is in black capital letters on a
			 white background, where the letters are at least
			 one inch in height.
(6)
									Read: "NOTICE: OHIO EPA AUTHORIZED CLASS B BIOSOLIDS
			 BENEFICIAL USE SITE. TRESPASSING IS PROHIBITED.".
(7)
									Include the name of the permittee and the permittee's
			 telephone number.
(8)
									Are
			 unobstructed from view.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-40 - Sewage Sludge › Section 3745-40-12 - Compliance and enforcement; and spill notification requirements

Current through all regulations passed and filed through July 1,
			 2024
(A) In
			 accordance with Chapter 3745-40 of the Administrative Code, the director
			 
								may take any of the following actions:
(1)
									Pursue enforcement action against
			 any person who is in non-compliance with this chapter.
(2)
									Deny any NPDES permit or
			 biosolids management plan application not in
			 compliance with this chapter and require the submittal of a new NPDES permit or
			 biosolids management plan application, including
			 all applicable fees to the Ohio environmental protection agency within thirty
			 days.
(3)
									Specify in an NPDES permit or biosolids management plan, any terms and conditions,
			 including schedules of compliance, necessary to achieve compliance with this
			 chapter.
(4)
									Specify in NPDES permits or biosolids management plan, any terms and conditions
			 that are more stringent than the requirements in this chapter when the director
			 has determined that such are necessary to protect public health or the
			 environment.
(5)
									Revoke any NPDES permit or biosolids management plan approved in accordance with
			 this chapter.
(6)
									Require any person treating, storing, transferring or
			 disposing of sewage sludge or biosolids that have resulted in a nuisance odor
			 to take measures to eliminate the nuisance odor.
(7)
									Modify a site
			 authorization to include additional requirements.
(8)
									Require any person who beneficially uses biosolids
			 that have resulted in a nuisance odor to cease beneficial use.
(9)
									Modify any NPDES permit or biosolids management plan.
(10)
									Deny
			 a beneficial use site authorization request.
(11)
									De-authorize any beneficial use site
			 for repeated nuisance odors or violations of this
			 chapter or to protect human health or safety or the environment.
(12) To ensure the
			 protection of human health or the environment,  require sampling and monitoring for additional
			 pollutants beyond the requirements in this chapter.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-42 - Permits to Install and Plan Approvals for Water Pollution Control › Section 3745-42-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
"40 C.F.R." means Title 40 of the Code of Federal Regulations,
				effective July 1, 2016.
(A)
(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
			 as amended through July 1, 2016.
(2) "Applicable laws" means any applicable
			 provisions of Chapter 6111. of the Revised Code and rules promulgated
			 thereunder, the federal water pollution control act (33 U.S.C. sections
			 1251 to
			 1381,
			 as amended through July 1, 2015) and 40 C.F.R. Chapter I, subchapters D, N and
			 O.
(3) "Applicant" means the person
			 applying for the permit to install or plan approval.
(4) "Aquifer system" means one or more
			 geologic units or formations that are wholly or partly saturated with water and
			 are able to store, transmit and yield significant amounts of water to wells or
			 springs.
(5) "ASTM" means the
			 American society for testing and materials. ASTM test methods referenced in
			 this chapter are generally available in public libraries or from "ASTM
			 International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
			 19428-2959," at 1-877-909-2786, or available in electronic format at
www.astm.org
.
(6) "ASTM C117-13" means an American society
			 of testing and materials (ASTM) standard test method for materials finer than
			 seventy-five-micrometers (No. 200) sieve in mineral aggregates by washing, as
			 that standard was approved by ASTM in 2013.
(7) "ASTM C136 / C136M-14" means an American
			 society of testing and materials (ASTM) standard test method for sieve analysis
			 of fine and coarse aggregates, as that standard was approved by ASTM in
			 2014.
(8) "ASTM D4318-10e1" means
			 an American society of testing and materials (ASTM) standard test methods for
			 liquid limit, plastic limit, and plasticity index of soils, as that standard
			 was approved by ASTM in 2010.
(9)
			 "ASTM D698-12e2" means the American society for testing and materials (ASTM)
			 standard test methods for laboratory compaction characteristics of soil using
			 standard effort, as that standard was approved in 2012.
(10) "ASTM D2487-11" means the American
			 society for testing and materials (ASTM) standard practice for classification
			 of soils for engineering purposes, as that standard was approved in
			 2011.
(11) "At-grade system" means
			 an onsite disposal system, where treated sewage is conveyed to a dispersal
			 field that is constructed on or above in situ soil and covered by
			 soil.