Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-42 - Permits to Install and Plan Approvals for Water Pollution Control › Section 3745-42-04 - Criteria for decision by the director and political subdivision or investor-owned public utility agreements

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
				3745-42-01 of the
				Administrative Code.]
(A)
								 Criteria for decision by the director.
(1)
									A permit to install or plan approval
			 shall be issued on the basis of the information
			 appearing in the application or information gathered by or furnished to the
			 Ohio environmental protection agency.
(2)
									 In deciding whether to approve or deny a permit to
			 install or plan approval, the director shall take into consideration the
			 following factors:
(a)
										 Whether the installation or modification and operation
			 of the disposal system shall do the following:
(i) Not prevent or
			 interfere with the attainment or maintenance of applicable water quality
			 standards contained in Chapter 3745-1 of the Administrative Code.
(ii)
			 Not result in a violation of any applicable laws
											as defined in rule
			 3745-42-01 of the
			 Administrative Code.
(iii) Employ the best
			 available technology. For connection into sanitary
			 sewers, see rule
			 3745-42-07
			 of the Administrative Code.
(iv)
											 Not conflict
			 with either an areawide waste treatment management plan adopted in accordance
			 with section 208 of the act, in accordance with section
			 6111.03 of the Revised Code, or
			 approved regional sewage service and treatment plan.
(b)
										Input obtained through intra-agency
			 coordination in accordance with table 4-1 of this rule.
(c)
										Social and economic
			 impacts relevant to the
			 environment, if applicable, that may be a consequence of issuance of the
			 permit to install or plan approval.
(d)
										 Design flow,
			 effluent characteristics, ability to operate and maintain a disposal
			 system.
(3)
									 Incomplete permit to install or plan approval
			 applications, in regards to application requirements in rule
			 3745-1-05 of the
			 Administraive Code and this chapter, shall not be considered. Failure to
			 provide requested information or revisions may result in denial of the
			 application.
[Comment: See the definition of
				"complete" in rule
				3745-42-01 of the
				Administrative Code.]
(4)
									 Plans submitted
			 under this chapter shall be in accordance with generally accepted engineering
			 standards or guidance for design and operation to ensure the protection of
			 human health or the environment. The following publications may be used as a
			 guide in technical review of plans submitted under this chapter:
(a)
										 "Recommended
			 Standards for Wastewater Facilities, Great Lakes-Upper Mississippi River Board
			 of State and Provincial Public Health and Environmental
			 Managers."
(b)
										 "Design Standards: Wastewater Treatment Plants &
			 Collection Systems </= 100,000 gpd, Ohio EPA."
(c)
										 Other technical
			 manuals of practice, bulletins or literature may be used as a guide as
			 necessary depending on type of disposal system proposed in the permit to
			 install or plan approval application.
(5)
			 The director may impose such special terms and conditions as are appropriate or
			 necessary to ensure compliance with the applicable laws and to ensure adequate
			 protection of human health or the environment.
(6)
			 Within one hundred eighty days after a completed application is filed, the
			 director shall issue or propose to issue or deny a permit to install or plan
			 approval.