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 December 16, 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.
(I) 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:
(J) Monitoring and records.
(K) Signatory requirement. All applications, reports, or information submitted to the director shall be signed and certified (see rule 3745-34-17 of the Administrative Code).
(L) Reporting requirements.
Any information shall be provided orally within twenty-four hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance including exact dates and times, and if the noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
(M) Requirements prior to commencing injection. Except for all new wells authorized by a class V injection well area permit under rule 3745-34-18 of the Administrative Code, a new injection well may not commence injection until construction is complete; and
(N) The permittee shall notify the director at such times as the permit requires before conversion or abandonment of the well or in the case of area permits before closure of the project.