Current through all regulations passed and filed through December 16, 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
3745-33-01 of the Administrative
Code.]
(A) Each Ohio NPDES permit
shall contain the following requirements:
(1)
That all discharges authorized under the NPDES permit shall be consistent with
the terms and conditions of the permit. The discharge of any pollutants more
frequently than or at a level in excess of that identified and authorized by
the permit shall constitute a violation of the terms and conditions of the
permit.
(2) That
facility expansions, production increases, or process modification that result
in new or increased discharges of pollutants must be reported by submission of
a new NPDES application or, if such discharge does not violate effluent
limitations specified in the NPDES permit, by submission to the director of
notice of such new or increased discharge of pollutants.
(3) That the permittee shall submit to Ohio
EPA monthly reports containing such information as shall be specified by the
director.
(4) That
the permittee shall submit an annual report containing such information as
shall be specified by the director.
(5) That
the permittee shall report in such manner as shall be specified by the
director, any discharge of pollutants in violation of permit terms and
conditions.
(6) That
the point source is equipped with instrumentation to monitor and record data
and other information about the operation of the point source, if required by
the director. Reports of monitoring results obtained by the permittee shall be
submitted annually (or on such a more frequent schedule as is required in the
permit) to Ohio EPA. Monitoring and recording of monitoring results shall be
conducted in accordance with regulations adopted or subsequently amended by the
administrator, including paragraphs (e) and (j) of
40
C.F.R. 122.41 and
40
C.F.R. 122.48
.
(7) That the permittee shall allow the
director or the director's authorized representative to enter upon the
permittee's premises. The authorized representative shall have access to any
records required to be kept under the terms of the permit and may copy any such
records. The director or the director's authorized representative shall have
access to any monitoring equipment or wastewater treatment facilities operated
by the permittee for the purpose of inspecting such equipment or method
required in the permit and shall have access to point sources for the purposes
of sampling the discharge.
(8) That
the permittee shall maintain in good working order and operate at optimum
levels in accordance with good engineering practices any wastewater treatment
facilities or control systems installed to achieve compliance with the terms
and conditions of the permit regardless of the quality of the effluent.
(9) That the permittee shall provide
adequately trained and qualified personnel as required by Chapter 3745-7 of the
Administrative Code to operate such wastewater treatment facilities.
(10) That the permit may be modified,
suspended, or revoked in whole or in part during its term for cause including
but not limited to the following:
(a) Violation of any terms or conditions of
the permit.
(b)
Obtaining a permit by misrepresentation or failure to disclose fully all
relevant facts.
(c) A
change in any condition that requires either a temporary or permanent reduction
or elimination of the permitted discharge.
(11) That if a toxic effluent standard or
prohibition (including a schedule of compliance) is established under section
307 (a) of the act for a toxic pollutant that is present in the permittee's
discharge and such standards or prohibition (including a schedule of
compliance) is more stringent than any limitation upon such pollutant in the
NPDES permit, the director shall modify the permit in accordance with the toxic
effluent standard and so notify the permittee.
(12) That all permittees meeting the
requirements of this paragraph post and maintain permanent signs as follows:
(a) A sign shall be posted at each outfall
under permit. Outfalls covered by this provision include, but are not limited
to, discharges of process wastewater, non-contact cooling water, sewage or
discharges from remediation sites, and bypass or combined sewer overflow
discharges. The director may waive this requirement for outfalls discharging to
municipal storm sewers if the outfall is not in close proximity to a lake,
reservoir, pond, river, stream, creek or other surface water of the state.
Signs are not required at in-plant sampling outfalls, or at outfalls that are
not accessible to the public by land or by recreational use of the water
body.
(b) The
sign shall include, at a minimum, the name of the permittee, the permit number,
and the outfall number identified in the permit. The information shall be
printed in letters not less than two inches high.
(c) The sign shall be a minimum of two feet
by two feet and the bottom of the sign shall be a minimum of three feet above
the ground.
(d) The
director may approve variations from these dimensions to increase the
legibility or information of the sign.
(B) No NPDES permit shall be issued for a
semi-public disposal system whenever the sewage system of a publicly owned
treatment works is available and accessible .
(C) Not withstanding the issuance or
non-issuance of an NPDES permit to a semi-public disposal system, whenever the
sewage system of a publicly owned treatment works becomes available and
accessible, the permittee operating any semi-public disposal system shall
abandon the semi-public disposal system and connect it into the publicly owned
treatment works.
(D) Notice by
POTWs of new pollutants.
(1) All publicly
owned treatment works (POTWs) must provide adequate notice to the director of
the following:
(a) Any new introduction of
pollutants into the POTW from an industrial discharger, which new introduction
of pollutants would be subject to treatment technology-based limits under
section 301 or 306 of the act if the indirect discharger were directly
discharging those pollutants to waters of the state.
(b) Any substantial change in the volume or
character of pollutants being introduced into that POTW by a source introducing
pollutants into the POTW at the time of issuance of the permit.
(2) For purposes of paragraph
(D)(1) of this rule, adequate notice shall include the
following information :
(a) The quality and quantity of effluent
introduced into the POTW.
(b) Any
anticipated impact of the change on the quality or quantity of effluent to be
discharged from the POTW.
(E) The director may require, as a permit
condition or otherwise, electronic submittal of NPDES applications, reports and
monitoring data using information systems compatible with those of Ohio EPA.
(F) Notification to public water
supply operators.
(1) Permits for facilities
designated by the director as major discharges, in any
of the following locations, shall require the permittee to notify the
public water supply operator as soon as practicable after a discharge begins
that results from a spill, separate sewer overflow, bypass, upset, or combined
sewer overflow that reaches waters of the state:
(a) Discharges within three thousand feet of
a public water supply intake located in a lake.
(b) Discharges within ten stream miles
upstream of a public water supply intake located in a reservoir or any other
surface water of the state.
(2) The director shall include in the permit
a requirement for the permittee to have a notification plan with the public
water supply operator that defines specific notification requirements and what
constitutes notification "as soon as practicable." In the affected permits, the
director shall provide the telephone number and contact information related to
the public water supply operator.
(3) For publicly owned treatment works and
other permittees that discharge only domestic sewage, the only spills that need
to be reported under paragraph (F) of this rule are those that occur at the
treatment works.
(G) The
director shall include in the issuance of an Ohio
NPDES permit any permit condition required by the act or regulations adopted by
the administrator, including 40 C.F.R. 122 to 125, 129 to 133, 136, 400 to 471,
501 and 503 . The director may include in an Ohio NPDES permit any other terms
or conditions the director finds reasonable and appropriate for the prevention
and abatement of pollution.