Current through all regulations passed and filed through September 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
3745-36-02 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approval has been withdrawn or revoked, all significant industrial users and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.
(E) Renewal of
individual indirect discharge permits.
(1)
Any permittee who wishes to continue to discharge after the expiration of the
permittee's individual indirect discharge permit shall submit a complete
application for renewal of the permit at least one hundred eighty days prior to
the expiration of the permit. The application shall contain the information
required in paragraph (H) of this rule. If the industrial user wishes to
request less stringent permit conditions, new pollutants, or increases in
pollutant concentrations or loadings, the industrial user's application shall
include the authorization to discharge by the POTW, as described in paragraph
(I) of this rule.
(2) Individual
indirect discharge permits shall be renewed in accordance with the provisions
for issuance of permits under this chapter.
(3) In renewing a permit, the director shall
consider the compliance history of the permit holder and may deny the renewal
if the director determines that the permit holder has not complied with the
terms and conditions of the existing permit. If a permit renewal application is
submitted at least one hundred eighty days prior to the expiration date of the
existing permit, and the director proposes to deny the renewal of the permit in
accordance with rule
3745-49-05 of the Administrative
Code, the expired permit shall continue to be in effect in accordance with
section 119.06 of the Revised Code until
such time as the director issues a final action.
(F) Modification of individual indirect
discharge permits.
(1) The director may
modify individual indirect discharge permits. When a permit is modified, only
the conditions subject to modification are reopened.
(2) Any of the following are causes for
modification of individual indirect discharge permits:
(a) Alterations. There are material and
substantial alterations or additions to the permitted facility or activity that
occurred after permit issuance and that justify the application of permit
conditions that are different or absent in the existing permit.
(b) Information. The director has received
new information. Permits may be modified during their terms for this cause only
if the information was not provided to Ohio EPA at the time of permit issuance
and would have justified the application of different permit conditions at the
time of issuance.
(c) New
regulations. The standards or regulations on which the permit was based have
been changed by promulgation of amended standards or regulations or by judicial
decision after the permit was issued. Permits may be modified during the term
of the permit for this cause only as follows:
(i) For promulgation of amended standards or
regulations, when all of the following occur:
(a) The permit condition requested to be
modified was based on a promulgated categorical pretreatment standard or
general pretreatment standard.
(b)
That portion of the pretreatment standard on which the permit condition was
based has been revised, withdrawn, or modified.
(c) The permittee requests modification of
the indirect discharge permit within ninety days of the effective date of the
amended standard or state regulation on which the request is based.
(ii) For judicial decisions, when
a court of competent jurisdiction has remanded and stayed promulgated
regulations or categorical pretreatment standards, if the remand and stay
concern that portion of the regulations or standards on which the permit
condition was based and a request is filed by the permittee within ninety days
of judicial remand.
(d)
When a permittee has received a variance under the act or pretreatment
regulations.
(e) When required to
incorporate an applicable toxic effluent standard or prohibition under section
307(a) of the act.
(f) To correct
technical mistakes, such as errors in calculation, or mistaken interpretations
of law made in determining permit conditions.
(g) When required by reopener conditions in a
permit.
(3) Minor
modifications of individual indirect discharge permits.
(a) Upon the consent of the permittee, the
director may modify a permit to make the corrections or allowances for changes
in the permitted activity in paragraph (F)(3)(b) of this rule without following
Chapter 3745-49 of the Administrative Code.
(b) Minor modifications may only do the
following:
(i) Correct typographical
errors.
(ii) Require more frequent
monitoring or reporting by the permittee.
(iii) Allow for a change in ownership or
operational control of a facility where the director determines that no other
change in the permit is necessary, provided that a written agreement containing
a specific date for transfer of permit responsibility, coverage, and liability
between the current and new permittees has been submitted to the
director.
(iv) Change facility name
when no change of ownership has occurred.
(4) Submittals requesting a modification of
the individual indirect discharge permit.
(a)
Except for minor modifications, applications for modifications of individual
indirect discharge permits at the request of the permittee shall include the
information required in paragraphs (H) and (I) of this rule and a description
of the proposed change. This information shall be submitted on current forms
prepared by and obtained from Ohio EPA and shall contain such information as
Ohio EPA deems necessary.
(b) For
minor modification requests, as described in paragraph (F)(3) of this rule, the
industrial user shall describe the requested change and any other information
required by the Ohio EPA.
(5) A modification application for an
individual indirect discharge permit submitted by the permittee shall be signed
using the same signatory requirements required for a permit application
pursuant to paragraph (H)(3) of this rule.
(G) Transfer of individual indirect discharge
permits. An individual indirect discharge permit may be transferred by the
permittee to a new owner or operator only through a minor permit modification,
in accordance with paragraph (F)(3) of this rule, to identify the new permittee
and to incorporate such other requirements as deemed necessary by the director
to effect the transfer.
(H)
Applications for individual indirect discharge permits.
(1) Applications for individual indirect
discharge permits shall be submitted on current forms prepared by and obtained
from Ohio EPA, and shall contain such information as Ohio EPA deems necessary.
The director may require as a permit condition or otherwise, electronic
submittal of an application using information systems compatible with those of
Ohio EPA.
(2) Any application that
fails to provide Ohio EPA with requested information needed for ascertaining
compliance with applicable provisions of this chapter may be considered
incomplete. Ohio EPA may either request additional information or return the
application to the applicant without further processing. A written explanation
of the deficiency shall accompany the returned application.
(3) An application submitted to the director
pursuant to this chapter shall be signed in one of the following ways:
(a) In the case of a corporation, by a
responsible corporate officer. For the purpose of this paragraph, a
"responsible corporate officer" means either of the following:
(i) A president, secretary, treasurer, or
vice president of the corporation in charge of a principal business function,
or any other person who performs similar policy-making or decision-making
functions for the corporation.
(ii)
The manager of one or more manufacturing, production, or operation facilities,
provided the manager meets all of the following requirements:
(a) Is authorized to make management
decisions that govern the operation of the regulated facility, including having
the explicit or implicit duty of making major capital investment
recommendations, and of initiating and directing other comprehensive measures
to assure long-term environmental compliance with environmental laws and
regulations.
(b) Can ensure that
the necessary systems are established, or that the necessary actions are taken
to gather complete and accurate information for control mechanism
requirements.
(c) Is assigned or
delegated the authority to sign documents in accordance with corporate
procedures.
(b) In the case of a partnership, by a
general partner.
(c) In the case of
a sole proprietorship, by the proprietor.
(d) In the case of a limited liability
company, by an authorized member or manager.
(I) Authorization to discharge by a POTW.
(1) If required by paragraph (D), (E), or (F)
of this rule, an industrial user discharging to a POTW not administering an
approved pretreatment program shall be issued an individual indirect discharge
permit only upon the written authorization of the POTW. The applicant shall
obtain written authorization from the POTW and shall submit said authorization
to Ohio EPA with the individual indirect discharge permit
application.
(2) The written
authorization letter from the POTW to the industrial user shall be submitted to
Ohio EPA and shall include, but not be limited to, all of the following
information and signatory requirements:
(a) A
description of the discharge being authorized based on the industrial user's
individual indirect discharge permit application.
(b) Any conditions set by the POTW for
accepting the discharge that may include pretreatment standards including
specific prohibitions described in rule
3745-36-04 of the Administrative
Code, local limits developed by the POTW, and other conditions deemed necessary
by the POTW to control pollutants which pass through or interfere with
treatment processes in the POTW, or which may contaminate sewage sludge, and
that are as stringent as or more stringent than the pretreatment requirements
in this chapter.
(c) A signature by
a principal executive officer or ranking elected official with the authority to
bind the POTW to legal obligations, or by any other duly authorized employee if
such employee is responsible for overall operation of the POTW.
(J) Criteria for
issuing individual indirect discharge permits.
(1) The director may issue an individual
indirect discharge permit for the discharge if, on the basis of all information
available to Ohio EPA, the director determines all of the following:
(a) The discharge levels comply with
pretreatment requirements pursuant to rule
3745-36-04 of the Administrative
Code.
(b) If applicable, BMPs,
pollution prevention plans and monitoring to obtain required pollutant
discharge information are provided for.
(c) If required by Ohio EPA, performance
tests, conducted at the applicant's expense after the application was filed and
in accordance with methods prescribed by Ohio EPA, demonstrate that the
discharge is in compliance with the authorized discharge levels pursuant to
applicable pretreatment standards and to rule
3745-36-04 of the Administrative
Code.
(2) The director
shall have the authority to disqualify any industrial discharger from coverage
under an indirect discharge permit-by-rule or deny an application for an
individual indirect discharge permit if either of the following apply:
(a) The director has reason to believe that
any of the prohibited substances in rule
3745-36-04 of the Administrative
Code will be discharged.
(b) The
discharge will interfere with, pass through, or be incompatible with the POTW's
treatment process.
(K) Individual indirect discharge permit
duration.
(1) An individual indirect discharge
permit shall be effective for a fixed term not to exceed five years.
(2) An individual indirect discharge permit
may be issued for a duration that is less than the full allowable term under
this rule.
(L)
Revocation of individual indirect discharge permits. The director may revoke an
individual indirect discharge permit during the permit term for cause,
including, but not limited to any of the following situations:
(1) Noncompliance by the permittee with any
terms or conditions of the permit.
(2) The permittee's failure in the
application or during the permit issuance process to disclose fully all
relevant facts, or the permittee's misrepresentation of any relevant facts at
any time.
(3) An industrial user,
holding an individual indirect discharge permit, that undergoes changes that
result in it no longer being classified as a significant industrial user or
non-significant categorical industrial user as defined in rule
3745-36-02 of the Administrative
Code.
(4) A determination that the
permitted activity endangers human health, POTW worker safety, or the
environment, and can only be regulated to acceptable levels by permit
revocation.
(5) Revocation by the
POTW of the written authorization to discharge obtained pursuant to paragraph
(I) of this rule.
(6) When the POTW
is damaged or disabled and, as a result, continued discharge of wastewaters by
the industrial user may endanger public health, damage public or private
property, or cause serious environmental harm.
(7) The authorized discharge has been
permanently discontinued.
(M) Applicability of rules of procedure.
Indirect discharge permit applications and modification requests shall be acted
upon and may be challenged in accordance with the provisions in Chapters
3745-47 and 3745-49 of the Administrative Code.
Replaces: 3745-36-03
