[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.
(2)
The director may not require a permit for discharges of storm water runoff from
either of the following:
(a) Mining operations
composed entirely of flows that are from conveyances or systems of conveyances
(including, but not limited to, pipes, conduits, ditches and channels) used for
collecting and conveying precipitation runoff and that are not contaminated by
contact with, or that has not come into contact with, any overburden, raw
material, intermediate product, finished product, byproduct or waste product
located on the site of such operations, except in accordance with paragraph
(C)(1)(d) of this rule.
(b) All
field activities or operations associated with oil and gas exploration,
production, processing, or treatment operations or transmission facilities,
including activities necessary to prepare a site for drilling and for the
movement and placement of drilling equipment, whether or not such field
activities or operations may be considered to be construction activities,
except in accordance with paragraph (C)(1)(c) of this rule.
[Comment: Ohio EPA encourages operators of oil and gas field
activities or operations to implement and maintain best management practices
(BMPs) to minimize discharges of pollutants, including sediment, in storm water
both during and after construction activities to help ensure protection of
surface water quality during storm events. Appropriate controls would be those
suitable to the site conditions and consistent with generally accepted
engineering design criteria and manufacturer specifications. Selection of BMPs
could also be affected by seasonal or climate conditions.]
(3) Large and medium municipal
separate storm sewer systems.
(a) Permits
shall be obtained for all discharges from large and medium municipal separate
storm sewer systems.
(b) The
director may either issue one system-wide permit covering all discharges from
municipal separate storm sewers within a large or medium municipal separate
storm sewer system or issue distinct permits for appropriate categories of
discharges within a large or medium municipal separate storm sewer system
including, but not limited to: all discharges owned or operated by the same
municipality; located within the same jurisdiction; all discharges within a
system that discharge to the same watershed; discharges within a system that
are similar in nature; or individual discharges from municipal separate storm
sewers within the system.
(c) The
operator of a discharge from a municipal separate storm sewer that is part of a
large or medium municipal separate storm sewer system shall complete one of the
following:
(i) Participate in a permit
application (to be a permittee or a co-permittee) with one or more other
operators of discharges from the large or medium municipal separate storm sewer
system that covers all, or a portion of all, discharges from the municipal
separate storm sewer system.
(ii)
Submit a distinct permit application that only covers discharges from the
municipal separate storm sewers for which the operator is
responsible.
(iii) A regional
authority may be responsible for submitting a permit application under all of
the following guidelines:
(a) The regional
authority together with co-applicants shall have authority over a storm water
management program that is in existence, or shall be in existence at the time
part 1 of the municipal application is due.
(b) The permit applicant or co-applicants
shall establish their ability to make a timely submission of part 1 and part 2
of the municipal application.
(c)
Each of the operators of municipal separate storm sewers within the systems
described in paragraphs (B)(4)(a) and (B(4)(b) of this rule or in paragraphs
(B)(6)(a) and (B)(6)(b) of this rule, that are under the purview of the
designated regional authority, shall comply with the application requirements
of paragraph (D) of this rule.
(d)
One permit application may be submitted for all or a portion of all municipal
separate storm sewers within adjacent or interconnected large or medium
municipal separate storm sewer systems. The director may issue one system-wide
permit covering all, or a portion of all, municipal separate storm sewers in
adjacent or interconnected large or medium municipal separate storm sewer
systems.
(e) Permits for all or a
portion of all discharges from large or medium municipal separate storm sewer
systems that are issued on a system-wide, jurisdiction-wide, watershed or other
appropriate basis may specify different conditions relating to different
discharges covered by the permit, including different management programs for
different drainage areas that contribute storm water to the system.
(f) Co-permittees need only comply with
permit conditions relating to discharges from the municipal separate storm
sewers for which they are operators. If at any time, one or more MS4 decides to
not continue as a co-permittee, such MS4 shall submit a permit application and
SWMP to Ohio EPA. Such MS4 shall continue to operate under the existing
co-permittee SWMP until their permit application and SWMP is
approved.
(4) Discharges through large and medium
municipal separate storm sewer systems. In addition to meeting the requirements
of paragraph (C) of this rule, an operator of a storm water discharge
associated with industrial activity that discharges through a large or medium
municipal separate storm sewer system shall submit, to the operator of the
municipal separate storm sewer system receiving the discharge within one
hundred eighty days prior to commencing such discharge: the name of the
facility; a contact person and phone number; the location of the discharge; a
description, including standard industrial classification, that best reflects
the principal products or services provided by each facility; and any existing
Ohio NPDES permit number or a copy of Ohio EPA's letter acknowledging receipt
of the operator's no exposure certification. The same information is to be
submitted to a small municipal separate storm sewer system by an operator of a
storm water discharge associated with industrial activity that discharges
through a small municipal separate storm sewer system once that system is an
NPDES permitted discharger.
(5)
Other municipal separate storm sewers. The director may issue permits for
municipal separate storm sewers that are designated under paragraph (A)(1)(e)
of this rule on a system-wide basis, jurisdiction-wide basis, watershed basis
or other appropriate basis, or may issue permits for individual
discharges.
(6) Combined sewer
systems. Combined sewers, as defined in rule
3745-39-01
of the Administrative Code, are point sources that shall obtain Ohio NPDES
permits in accordance with the procedures of rule
3745-33-03 of the
Administrative Code and are not subject to the provisions of this
rule.
(7)
(a) For discharges composed entirely of storm
water, that are not required by paragraph (A)(1) of this rule to obtain a
permit, operators shall be required to obtain an Ohio NPDES permit if any of
the following apply:
(i) The discharge is
from a small municipal separate storm sewer system required to be regulated
pursuant to rule
3745-39-03
of the Administrative Code.
(ii)
The discharge is a storm water discharge associated with small construction
activity pursuant to paragraph (B)(14) of this rule.
(iii) The director determines that storm
water controls are needed for the discharge based on wasteload allocations that
are part of total maximum daily loads (TMDLs) that address the pollutant of
concern.
(iv) The director
determines that the discharge, or category of discharges within a geographic
area, contributes to a violation of a water quality standard or is a
significant contributor of pollutants to surface waters of the
state.
(b) Operators of
small MS4s designated pursuant to paragraphs (A)(7)(a)(i), (A)(7)(a)(iii) and
(A)(7)(a)(iv) of this rule shall seek coverage under an Ohio NPDES permit in
accordance with rule
3745-39-03
of the Administrative Code. Operators of non-municipal sources designated
pursuant to paragraphs (A)(7)(a)(ii), (A)(7)(a)(iii) and (A)(7)(a)(iv) of this
rule shall seek coverage under an Ohio NPDES permit in accordance with
paragraph (C)(1) of this rule.
(c)
Operators of storm water discharges designated pursuant to paragraphs
(A)(7)(a)(iii) and (A)(7)(a)(iv) of this rule shall apply to the director for a
permit within one hundred eighty days of receipt of notice, unless permission
for a later date is granted by the director.
(B) Definitions. As used in this rule:
(1) "Co-permittee" means a permittee to an
Ohio NPDES permit that is only responsible for permit conditions relating to
the discharge for which it is operator.
(2) "Illicit discharge" means the same as
defined in rule
3745-39-01
of the Administrative Code.
(3)
"Incorporated place" means a city, town or village that is incorporated under
the laws of Ohio.
(4) "Large
municipal separate storm sewer system" means all municipal separate storm
sewers that meet any of the following characterizations:
(a) Meet the definition of large MS4 in rule
3745-39-01
of the Administrative Code.
(b) Are
owned or operated by a municipality other than those described in paragraph
(B)(4)(a) of this rule and that are designated by the director as part of the
large or medium municipal separate storm sewer system due to the
interrelationship between the discharges of the designated storm sewer and the
discharges from municipal separate storm sewers described under paragraph
(B)(4)(a) of this rule. In making this determination the director may consider
the following factors:
(i) Physical
interconnections between the municipal separate storm sewers.
(ii) The location of discharges from the
designated municipal separate storm sewer relative to discharges from municipal
separate storm sewers described in paragraph (B)(4)(a) of this rule.
(iii) The quantity and nature of pollutants
discharged to surface waters of the state.
(iv) The nature of the receiving
waters.
(v) Other relevant
factors.
(c) The director
may, upon petition, designate as a large municipal separate storm sewer system,
municipal separate storm sewers located within the boundaries of a region
defined by a storm water management regional authority based on a
jurisdictional, watershed, or other appropriate basis that includes one or more
of the systems described in paragraph (B)(4)(a) of this rule.
(5) "Major municipal separate
storm sewer outfall" or "major outfall" means a municipal separate storm sewer
outfall that discharges from a single pipe with an inside diameter of
thirty-six inches or more or its equivalent (discharge from a single conveyance
other than circular pipe that is associated with a drainage area of more than
fifty acres); or for municipal separate storm sewers that receive storm water
from lands zoned for industrial activity (based on comprehensive zoning plans
or the equivalent), an outfall that discharges from a single pipe with an
inside diameter of twelve inches or more or from its equivalent (discharge from
other than a circular pipe associated with a drainage area of two acres or
more).
(6) "Medium municipal
separate storm sewer system" means, for the purposes of this rule, all
municipal separate storm sewers that conform to any of the following:
(a) Meet the definition of medium MS4 in rule
3745-39-01
of the Administrative Code.
(b) Are
owned or operated by a municipality other than those described in paragraph
(B)(6(a) of this rule and that are designated by the director as part of the
large or medium municipal separate storm sewer system due to the
interrelationship between the discharges of the designated storm sewer and the
discharges from municipal separate storm sewers described under paragraph
(B)(6)(a) of this rule. In making this determination the director may consider
the following factors:)
(i) Physical
interconnections between the municipal separate storm sewers
(ii) The location of discharges from the
designated municipal separate storm sewer relative to discharges from municipal
separate storm sewers described in paragraph (B)(6)(a) of this rule.
(iii) The quantity and nature of pollutants
discharged to surface waters of the state.
(iv) The nature of the receiving
waters.
(v) Other relevant
factors.
(c) The director
may, upon petition, designate as a medium municipal separate storm sewer
system, municipal separate storm sewers located within the boundaries of a
region defined by a storm water management regional authority based on a
jurisdictional, watershed or other appropriate basis that includes one or more
of the systems described in paragraph (B)(6)(a) of this rule.
(7) "Municipal separate storm
sewer system" means an MS4 as defined in rule
3745-39-01
of the Administrative Code. Municipal separate storm sewer systems include all
separate storm sewers that meet any of the following:
(a) Defined as large or medium municipal
separate storm sewer systems pursuant to this rule.
(b) Defined as small municipal separate storm
sewer systems pursuant to rule
3745-39-01
of the Administrative Code.
(c)
Designated under paragraph (A)(1)(e) of this rule.
(8) "Outfall" means a point source at the
point where a municipal separate storm sewer discharges to surface waters of
the state and does not include open conveyances connecting two municipal
separate storm sewers, or pipes, tunnels or other conveyances that connect
segments of the same stream or other surface waters of the state and are used
to convey surface waters of the state.
(9) "Overburden" means any material of any
nature, consolidated or unconsolidated, that overlies a mineral deposit,
excluding topsoil or similar naturally-occurring surface materials that are not
disturbed by mining operations.
(10) "Runoff coefficient" means the fraction
of total rainfall that will appear at a conveyance as runoff.
(11) "Significant materials" includes, but is
not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances
designated under Section 101(14) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), commonly known as Superfund,
42
U.S.C. 9601(14); any
chemical the facility is required to report pursuant to Section 313 of Title
III of the Superfund Amendments and Reauthorization Act of 1986 (SARA),
42 U.S.C.
11023; fertilizers; pesticides; and waste
products such as ashes, slag and sludge that have the potential to be released
with storm water discharges.
(12)
"Storm water" means storm water runoff, snow melt runoff, and surface runoff
and drainage.
(13) "Storm water
discharge associated with industrial activity" means the discharge from any
conveyance that is used for collecting and conveying storm water and that is
directly related to manufacturing, processing or raw materials storage areas at
an industrial plant. The term does not include discharges from facilities or
activities excluded from the Ohio NPDES program. For the categories of
industries identified in this paragraph, the term includes, but is not limited
to, storm water discharges from: industrial plant yards; immediate access roads
and rail lines used or traveled by carriers of raw materials, manufactured
products, waste material or by-products used or created by the facility;
material handling sites; refuse sites; sites used for the application or
disposal of process waste waters; sites used for the storage and maintenance of
material handling equipment; sites used for residual treatment, storage or
disposal; shipping and receiving areas; manufacturing buildings; storage areas
(including tank farms) for raw materials and intermediate and final products;
and areas where industrial activity has taken place in the past and significant
materials remain and are exposed to storm water. For the purposes of this
paragraph, material handling activities include storage, loading and unloading,
transportation, or conveyance of any raw material, intermediate product, final
product, by-product or waste product. The term excludes areas located on plant
lands separate from the plant's industrial activities, such as office buildings
and accompanying parking lots as long as the drainage from the excluded areas
is not mixed with storm water drained from the above described areas.
Industrial facilities (including industrial facilities that are federally,
state or municipally owned or operated that meet the description of the
facilities listed in paragraphs (B)(13)(a) to (B)(13)(k) of this rule) include
those facilities designated under the provisions of paragraph (A)(1)(e) of this
rule. Several "industrial activity" categories are defined by standard
industrial classification (SIC) codes. The following categories of facilities
are considered to be engaging in "industrial activity" for purposes of
paragraph (B)(13) of this rule:
(a)
Facilities subject to storm water effluent limitations guidelines, new source
performance standards or toxic pollutant effluent standards under 40 C.F.R.
subchapter N except facilities with toxic pollutant effluent standards which
are exempted under paragraph (B)(13)(k) of this rule.
(b) Facilities classified as standard
industrial classifications 24 (except 2434), 26 (except 265 and 267), 28
(except 283), 29, 311, 32 (except 323), 33, 3441 and 373.
(c) Facilities classified as standard
industrial classifications 10 through 14 (mineral industry) including active or
inactive mining operations (except for areas of coal mining operations no
longer meeting the definition of a reclamation area, because the performance
bond issued to the facility by the Ohio department of natural resources, the
appropriate Surface Mining Control and Reclamation Act (SMCRA,
30 U.S.C.
1201 to
1328
) authority, has been released, or except for areas of non-coal mining
operations that have been released from applicable state or federal reclamation
requirements after December 17, 1990) and oil and gas exploration, production,
processing or treatment operations, or transmission facilities that discharge
storm water contaminated by contact with or that has come into contact with,
any overburden, raw material, intermediate products, finished products,
byproducts or waste products located on the site of such operations; (inactive
mining operations are mining sites that are not being actively mined, but that
have an identifiable owner or operator; inactive mining sites do not include
sites where mining claims are being maintained prior to disturbances associated
with the extraction, beneficiation, or processing of mined materials, nor sites
where minimal activities are undertaken for the sole purpose of maintaining a
mining claim).
(d) Hazardous waste
treatment, storage, or disposal facilities, including those that are subject to
regulations under Chapter 3734. of the Revised Code.
(e) Landfills, land application sites and
open dumps that receive or have received any industrial wastes (waste that is
received from any of the facilities described under paragraph (B)(13) of this
rule), including those that are subject to regulation under Chapter 3734. of
the Revised Code.
(f) Facilities
involved in the recycling of materials, including metal scrapyards, battery
reclaimers, salvage yards and automobile junkyards, including but limited to
those classified as standard industrial classification 5015 and 5093.
(g) Steam electric power generating
facilities, including coal handling sites.
(h) Transportation facilities classified as
standard industrial classifications 40, 41, 42 (except 4221 to 4225), 43, 44,
45 and 5171 that have vehicle maintenance shops, equipment cleaning operations
or airport deicing operations. Only those portions of the facility that are
either involved in vehicle maintenance (including vehicle rehabilitation,
mechanical repairs, painting, fueling and lubrication), equipment cleaning
operations, airport deicing operations or that are otherwise identified under
paragraphs (B)(13)(a) to (B)(13)(g) of this rule or under paragraphs (B)(13)(i)
to (B)(13)(k) of this rule are associated with industrial activity.
(i) Treatment works treating domestic sewage
or any other sewage sludge or wastewater treatment device or system, used in
the storage treatment, recycling and reclamation of municipal or domestic
sewage, including land dedicated to the disposal of sewage sludge that are
located within the confines of the facility, with a design flow of 1.0 million
gallons per day or more, or required to have an approved pretreatment program.
Not included are farm lands, domestic gardens or lands used for sludge
management where sludge is beneficially reused and that are not physically
located in the confines of the facility, or areas that are in compliance with
Section 405 of the act.
(j)
Construction activity including clearing, grading and excavation, except
operations that result in the disturbance of less than five acres of total land
area. Construction activity also includes the disturbance of less than five
acres of total land area that is a part of a larger common plan of development
or sale if the larger common plan will ultimately disturb five acres or
more.
(k) Facilities under standard
industrial classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285,
30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39,
and 4221 to 4225.
(14)
"Storm water discharge associated with small construction activity" means the
discharge of storm water from either of the following apply:
(a) Construction activities including
clearing, grading and excavating that result in land disturbance of equal to or
greater than one acre and less than five acres. Small construction activity
also includes the disturbance of less than one acre of total land area that is
part of a larger common plan of development or sale if the larger common plan
will ultimately disturb equal to or greater than one and less than five acres.
Small construction activity does not include routine maintenance that is
performed to maintain the original line and grade, hydraulic capacity or
original purpose of the facility. The director may waive the otherwise
applicable requirements in a general permit for a storm water discharge from
construction activities that disturb less than five acres where either
paragraph (B)(14)(a)(i) or (B)(14)(a)(ii) of this rule apply:
(i) The value of the rainfall erosivity
factor ("R" in the revised universal soil loss equation) is less than five
during the period of construction activity (see
40
C.F.R. 122.26(b)(15)(i)(A)
). An operator shall certify to the director that the construction activity
will take place during a period when the value of the rainfall erosivity factor
is less than five.
(ii) Storm water
controls are not needed based on a TMDL approved or established by the director
that addresses the pollutant of concern or, for non-impaired waters that do not
require TMDLs, an equivalent analysis that determines allocations for small
construction sites for the pollutant of concern or that determines that such
allocations are not needed to protect water quality based on consideration of
existing in-stream concentrations, expected growth in pollutant contributions
from all sources and a margin of safety. For the purpose of this paragraph, the
pollutant of concern include sediment or a parameter that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any water body
that will receive a discharge from the construction activity. The operator
shall certify to the director that the construction activity will take place,
and storm water discharges will occur, within the drainage area addressed by
the TMDL or equivalent analysis.
(iii) The director may require electronic
reporting of this information.
(b) Any other construction activity
designated by the director, based on the potential for contribution to a
violation of a water quality standard or for significant contribution of
pollutants to surface waters of the state.
(15) "Uncontrolled sanitary landfill" means a
landfill or open dump, whether in operation or closed, that does not meet the
requirements for run-on or runoff controls established pursuant to Chapter
3734. of the Revised Code.
(C) Application requirements for storm water
discharges associated with industrial activity and storm water discharges
associated with small construction activity.
(1) Individual application. Dischargers of
storm water associated with industrial activity and with small construction
activity are required to apply for an individual permit or seek coverage under
a currently enforced storm water general permit (see Chapter 3745-38 of the
Administrative Code for general permit application requirements). Facilities
that are required to obtain an individual permit, or any discharge of storm
water that the director is evaluating for designation under paragraph (A)(1)(e)
of this rule and is not a municipal separate storm sewer, shall submit an Ohio
NPDES application as modified and supplemented by the following provisions:
(a) Except as provided in paragraphs
(C)(1)(b) to (C)(1)(d) of this rule, the operator of a storm water discharge
associated with industrial activity subject to this rule shall provide all of
the following:
(i) A site map showing
topography (or indicating the outline of drainage areas served by the outfall
or outfalls covered in the application if a topographic map is unavailable) of
the facility including: each of its drainage and discharge structures; the
drainage area of each storm water outfall; paved areas and buildings within the
drainage area of each storm water outfall; each past or present area used for
outdoor storage or disposal of significant materials; each existing structural
control measure to reduce pollutants in storm water runoff; materials loading
and access areas; areas where pesticides, herbicides, soil conditioners and
fertilizers are applied; each of its hazardous waste treatment, storage or
disposal facilities (including each area not required to have a permit under a
federal law, other than the act, that is used for accumulating hazardous waste
under Chapter 3734. of the Revised Code); each well where fluids from the
facility are injected underground; and springs and other surface water bodies
that receive storm water discharges from the facility.
(ii) An estimate of the area of impervious
surfaces (including paved areas and building roofs) and the total area drained
by each outfall (within a mile radius of the facility) and a narrative
description of the following: significant materials that in the three years
prior to the submittal of this application have been treated, stored or
disposed in a manner to allow exposure to storm water; method of treatment,
storage or disposal of such materials; materials management practices employed,
in the three years prior to the submittal of this application, to minimize
contact by these materials with storm water runoff; materials loading and
access areas; the location, manner and frequency in which pesticides,
herbicides, soil conditioners and fertilizers are applied; the location and a
description of existing structural and non-structural control measures to
reduce pollutants in storm water runoff; and a description of the treatment the
storm water receives, including the ultimate disposal of any solid or fluid
wastes other than by discharge.
(iii) A certification that all outfalls that
should contain storm water discharges associated with industrial activity have
been tested or evaluated for the presence of non-storm water discharges that
are not covered by an Ohio NPDES permit; tests for such non-storm water
discharges may include smoke tests, fluorometric dye tests, analysis of
accurate schematics, as well as other appropriate tests. The certification
shall include a description of the method used, the date of any testing, and
the on-site drainage points that were directly observed during a
test.
(iv) Existing information
regarding significant leaks or spills of toxic or hazardous pollutants at the
facility that have taken place within the three years prior to the submittal of
this application.
(v) Quantitative
data based on samples collected during storm events, and collected in
accordance with
40
C.F.R. 122.21, from all outfalls containing a
storm water discharge associated with industrial activity for the following
parameters:
(a) Any pollutant limited in an
effluent guideline to which the facility is subject.
(b) Any pollutant listed in the facility's
Ohio NPDES permit for its process wastewater (if the facility is operating
under an existing Ohio NPDES permit).
(c) Oil and grease, pH, five-day biochemical
oxygen demand (BOD5), chemical oxygen demand (COD), total suspended solids
(TSS), total phosphorus, total Kjeldahl nitrogen and nitrate plus nitrite
nitrogen.
(d) Any information on
the discharge required under
40
C.F.R. 122.21(g)(7)(vi)and
(vii).
(e) Flow measurements or estimates of the
flow rate, and the total amount of discharge for the storm event sampled, and
the method of flow measurement or estimation.
(f) The date and duration (in hours) of the
storm event sampled, rainfall measurements or estimates of the storm event (in
inches) that generated the sampled runoff and the duration between the storm
event sampled and the end of the previous measurable (greater than 0.1 inch
rainfall) storm event (in hours).
(vi) Operators of a discharge that is
composed entirely of storm water are exempt from the requirements of
40
C.F.R. 122.21(g)(2), (g)(3), (g)(4), (g)(5), (g)(7)(iii),
(g)(7)(iv), (g)(7)(v), and (g)(7)
(viii).
(vii) Operators of new
sources or new discharges (as defined in
40 C.F.R.
122.2 ) that are composed in part or entirely
of storm water shall include estimates for the pollutants or parameters listed
in paragraph (C)(1)(a)(v) of this rule instead of actual sampling data, along
with the source of each estimate. Operators of new sources or new discharges
composed in part or entirely of storm water shall provide quantitative data for
the parameters listed in paragraph (C)(1)(a)(v) of this rule within two years
after commencement of discharge, unless such data has already been reported
under the monitoring requirements of the Ohio NPDES permit for the discharge.
Operators of a new source or new discharge that is composed entirely of storm
water are exempt from the requirements of
40
C.F.R. 122.21(k)(3)(ii), (k)(3)(iii), and
(k)(5).
(b) An operator of an existing or new storm
water discharge that is associated with industrial activity solely under
paragraph (B)(13)(j) of this rule or is associated with small construction
activity solely under paragraph (B)(14) of this rule, is exempt from the
requirements of paragraph (C)(1)(a) of this rule. Such operator shall provide a
narrative description of all of the following:
(i) The location (including a map) and the
nature of the construction activity.
(ii) The total area of the site and the area
of the site that is expected to undergo excavation during the life of the
permit.
(iii) Proposed measures,
including best management practices, to control pollutants in storm water
discharges during construction, including a brief description of applicable
state and local erosion and sediment control requirements.
(iv) Proposed measures to control pollutants
in storm water discharges that will occur after construction operations have
been completed, including a brief description of applicable state or local
erosion and sediment control requirements.
(v) An estimate of the runoff coefficient of
the site and the increase in impervious area after the construction addressed
in the permit application is completed, the nature of fill material and
existing data describing the soil or the quality of the discharge.
(vi) The name of the receiving
water.
(c) The operator
of an existing or new discharge composed entirely of storm water from an oil or
gas exploration, production, processing or treatment operation, or transmission
facility is not required to submit a permit application in accordance with
paragraph (C)(1)(a) of this rule, unless the facility meets any of the
following:
(i) Has had a discharge of storm
water resulting in the discharge of a reportable quantity for which
notification is or was required pursuant to
40 C.F.R.
117.21 or
40 C.F.R.
302.6 at any time since November 16,
1987.
(ii) Has had a discharge of
storm water resulting in the discharge of a reportable quantity for which
notification is or was required pursuant to
40 C.F.R.
110.6 at any time since November 16, 1987.
(iii) Contributes to a violation of a water quality standard.
(d) The operator of an existing or
new discharge composed entirely of storm water from a mining operation is not
required to submit a permit application unless the discharge has come into
contact with any overburden, raw material, intermediate products, finished
product, byproduct or waste products located on the site of such
operations.
(e) Applicants shall
provide such other information the director may require to determine whether to
issue a permit and may require any facility subject to paragraph (C)(1)(b) of
this rule to comply with paragraph (C)(1)(a) of this rule.
(2) [Reserved.]
(D) Application requirements for large and
medium municipal separate storm sewer discharges. The operator of a discharge
from a large or medium municipal separate storm sewer or a municipal separate
storm sewer that is designated by the director under paragraph (A)(1)(e) of
this rule, may submit a jurisdiction-wide or system-wide permit application.
Where more than one public entity owns or operates a municipal separate storm
sewer within a geographic area (including adjacent or interconnected municipal
separate storm sewer systems), such operators may be a co-applicant to the same
application. Permit applications for discharges from large and medium municipal
storm sewers or municipal storm sewers designated under paragraph (A)(1)(e) of
this rule shall include both of the following parts:
(1) Part 1. Part 1 of the application shall
consist of all of the following:
(a) General
information. The applicant's name, address, telephone number of contact person,
ownership status and status as a state or local government entity.
(b) Legal authority. A description of
existing legal authority to control discharges to the municipal separate storm
sewer system. When existing legal authority is not sufficient to meet the
criteria provided in paragraph (D)(2)(a) of this rule, the description shall
list additional authorities as will be necessary to meet the criteria and shall
include a schedule and commitment to seek such additional authority that will
be needed to meet the criteria.
[Comment: This is not required of small MS4 individual permit
applicants unless applicants want the director to take this information into
account when developing permit conditions.]
(c) Source identification.
(i) A description of the historic use of
ordinances, guidance or other controls that limited the discharge of non-storm
water discharges to any publicly owned treatment works serving the same area as
the municipal separate storm sewer system.
[Comment: This description is not required of small MS4
individual permit applicants.]
(ii) A "United States Geological Survey" 7.5
minute topographic map (or equivalent topographic map with a scale between
1:10,000 and 1:24,000 if cost effective) extending one mile beyond the service
boundaries of the municipal storm sewer system covered by the permit
application. All of the following information shall be provided:
(a) The location of known municipal storm
sewer system outfalls discharging to surface waters of the state.
(b) A description of the land use activities
(e.g., divisions indicating undeveloped, residential, commercial, agricultural
and industrial uses) accompanied with estimates of population densities and
projected growth for a ten-year period within the drainage area served by the
separate storm sewer. For each land use type, an estimate of an average runoff
coefficient shall be provided.
(c)
The location and a description of the activities of the facility of each
currently operating or closed municipal landfill or other treatment, storage or
disposal facility for municipal waste.
(d) The location and the permit number of any
known discharge to the municipal storm sewer that has been issued an Ohio NPDES
permit.
(e) The location of major
structural controls for storm water discharge (retention basins, detention
basins, major infiltration devices, etc.).
(f) The identification of publicly owned
parks, recreational areas and other open lands.
(d) Discharge characterization.
(i) Monthly mean rain and snow fall estimates
(or summary of weather bureau data) and the monthly average number of storm
events.
[Comment: These estimates are not required of small MS4
individual permit applicants.]
(ii) Existing quantitative data describing
the volume and quality of discharges from the municipal storm sewer, including
a description of the outfalls sampled, sampling procedures and analytical
methods used.
(iii) A list of water
bodies that receive discharges from the municipal separate storm sewer system,
including downstream segments, lakes and estuaries, where pollutants from the
system discharges may accumulate and cause water degradation and a brief
description of known water quality impacts. At a minimum, the description of
impacts shall include a description of whether the water bodies receiving such
discharges have been:
(a) Assessed and
reported in reports submitted by the state under Section 305(b) of the act, the
basis for the assessment (evaluated or monitored), a summary of designated use
support and attainment of goals in Section 101 of the act (fishable and
swimmable waters) and causes of non-support of designated uses.
(b) Listed under Section 304(l)(1)(A)(i),
Section 304(l)(1)(A)(ii), or Section 304(l)(1)(B) of the act that is not
expected to meet water quality standards or water quality goals.
(c) Listed in state nonpoint source
assessments required by Section 319(a) of the act that, without additional
action to control nonpoint sources of pollution, cannot reasonably be expected
to attain or maintain water quality standards due to storm sewers,
construction, highway maintenance and runoff from municipal landfills and
municipal sludge adding significant pollution (or contributing to a violation
of water quality standards).
(d)
Identified and classified according to eutrophic condition of publicly owned
lakes listed in state reports required under Section 314(a) of the act (include
the following: a description of those publicly owned lakes for which uses are
known to be impaired, a description of procedures, processes and methods to
control the discharge of pollutants from municipal separate storm sewers into
such lakes, and a description of methods and procedures to restore the quality
of such lakes).
(e) Areas of
concern of the "Great Lakes" identified by the "International Joint
Commission."
(f) Designated
estuaries under the "National Estuary Program" under Section 320 of the
act.
(g) Recognized by the
applicant as highly valued or sensitive waters.
(h) Defined by the state or "U.S. Fish and
Wildlife Services's National Wetlands Inventory" as wetlands.
(i) Found to have pollutants in bottom
sediments, fish tissue or biosurvey data.
(iv) Field screening. Results of a field
screening analysis for illicit connections and illegal dumping for either
selected field screening points or major outfalls covered in the permit
application. At a minimum, a screening analysis shall include a narrative
description, for either each field screening point or major outfall, of visual
observations made during dry weather periods. If any flow is observed, two grab
samples shall be collected during a twenty-four-hour period with a minimum
period of four hours between samples. For all such samples, a narrative
description of the color, odor, turbidity, the presence of an oil sheen or
surface scum as well as any other relevant observations regarding the potential
presence of non-storm water discharges or illegal dumping shall be provided. In
addition, a narrative description of the results of a field analysis using
suitable methods to estimate pH, total chlorine, total copper, total phenol and
detergents (or surfactants) shall be provided along with a description of the
flow rate.
Where the field analysis does not involve analytical methods
approved under 40 C.F.R. 136, the applicant shall provide a description of the
method used including the name of the manufacturer of the test method along
with the range and accuracy of the test. Field screening points shall be either
major outfalls or other outfall points (or any other point of access such as
manholes) randomly located throughout the storm sewer system by placing a grid
over a drainage system map and identifying those cells of the grid that contain
a segment of the storm sewer system or major outfall. The field screening
points shall be established using the following guidelines and criteria:
(a) A grid system consisting of perpendicular
north-south and east-west lines spaced one-fourth mile apart shall be overlaid
on a map of the municipal storm sewer system, creating a series of
cells.
(b) All cells that contain a
segment of the storm sewer system shall be identified; one field screening
point shall be selected in each cell; major outfalls may be used as field
screening points.
(c) Field
screening points should be located downstream of any sources of suspected
illegal or illicit activity.
(d)
Field screening points shall be located to the degree practicable at the
farthest manhole or other accessible location downstream in the system, within
each cell; however, safety of personnel and accessibility of the location
should be considered in making this determination.
(e) Hydrological conditions; total drainage
area of the site; population density of the site; traffic density; age of the
structures or buildings in the area; history of the area; and land use
types.
(f) For medium municipal
separate storm sewer systems, no more than two hundred fifty cells need to have
identified field screening points; in large municipal separate storm sewer
systems, no more than five hundred cells need to have identified field
screening points; cells established by the grid that contain no storm sewer
segments will be eliminated from consideration; if fewer than two hundred fifty
cells in medium municipal sewers are created, and fewer than five hundred in
large systems are created by the overlay on the municipal sewer map, then all
those cells that contain a segment of the sewer system shall be subject to
field screening (unless access to the separate storm sewer system is
impossible).
(g) Large or medium
municipal separate storm sewer systems that are unable to utilize the
procedures described in paragraphs (D)(1)(d)(iv)(a) to (D)(1)(d)(iv)(f) of this
rule, because a sufficiently detailed map of the separate storm sewer systems
is unavailable, shall field screen no more than five hundred or two hundred
fifty major outfalls respectively (or all major outfalls in the system, if
less); in such circumstances, the applicant shall establish a grid system
consisting of north-south and east-west lines spaced one-fourth mile apart as
an overlay to the boundaries of the municipal storm sewer system, thereby
creating a series of cells; the applicant will then select major outfalls in as
many cells as possible until at least five hundred major outfalls (large
municipalities) or two hundred fifty major outfalls (medium municipalities) are
selected; a field screening analysis shall be undertaken at these major
outfalls.
(v)
Characterization plan. Information and a proposed program to meet the
requirements of paragraph (D)(2)(c) of this rule. Such description shall
include: the location of outfalls or field screening points appropriate for
representative data collection under paragraph (D)(2)(c)(i) of this rule; a
description of why the outfall or field screening point is representative; the
seasons during which sampling is intended; and a description of the sampling
equipment. The proposed location of outfalls or field screening points for such
sampling should reflect water quality concerns (see paragraph (D)(1)(d)(iii) of
this rule) to the extent practicable.
(e) Management programs.
(i) A description of the existing management
programs to control pollutants from the municipal separate storm sewer system.
The description shall provide information on existing structural and source
controls, including operation and maintenance measures for structural controls,
that are currently being implemented. Such controls may include, but are not
limited to: procedures to control pollution resulting from construction
activities; floodplain management controls; wetland protection measures; best
management practices for new subdivisions; and emergency spill response
programs. The description may address controls established under state law as
well as local requirements.
(ii) A
description of the existing program to identify illicit connections to the
municipal storm sewer system. The description should include inspection
procedures and methods for detecting and preventing illicit discharges, and
describe areas where this program has been implemented.
(f) Fiscal resources. A description of the
financial resources currently available to the municipality to complete part 2
of the permit application. A description of the municipality's budget for
existing storm water programs, including an overview of the municipality's
financial resources and budget, including overall indebtedness and assets, and
sources of funds for storm water programs.
(2) Part 2. Part 2 of the application shall
consist of the following:
[Comment: Part 2 is not required of small MS4 individual permit
applicants regarding legal authority unless applicants want the director to
take this information into account when developing permit conditions.]
(a) Adequate legal authority. A demonstration
that the applicant can operate pursuant to legal authority established by
statute, ordinance or series of contracts that authorizes or enables the
applicant, at a minimum, to do the following:
(i) Control through ordinance, permit,
contract, order or similar means, the contribution of pollutants to the
municipal storm sewer by storm water discharges associated with industrial
activity and the quality of storm water discharged from sites of industrial
activity.
(ii) Prohibit through
ordinance, order or similar means, illicit discharges to the municipal separate
storm sewer.
(iii) Control through
ordinance, order or similar means the discharge to a municipal separate storm
sewer of spills, dumping or disposal of materials other than storm
water.
(iv) Control through
interagency agreements among co-applicants the contribution of pollutants from
one portion of the municipal system to another portion of the municipal
system.
(v) Require compliance with
conditions in ordinances, permits, contracts or orders.
(vi) Carry out all inspection, surveillance
and monitoring procedures necessary to determine compliance and noncompliance
with permit conditions including the prohibition on illicit discharges to the
municipal separate storm sewer.
(b) Source identification. The location of
any major outfall that discharges to surface waters of the state that was not
reported under paragraph (D)(1)(c)(ii)(a) of this rule. Provide an inventory,
organized by watershed of the name and address, and a description (such as
standard industrial classification codes) that best reflects the principal
products or services provided by each facility that may discharge, to the
municipal separate storm sewer, storm water associated with industrial
activity.
(c) Characterization
data. When quantitative data for a pollutant are required under paragraph
(D)(2)(c)(i)(c) of this rule, the applicant shall collect a sample of effluent
in accordance with
40
C.F.R. 122.21(g)(7) and
analyze it for the pollutant in accordance with analytical methods approved
under 40 C.F.R. 136. When no analytical method is approved the applicant may
use any suitable method but shall provide a description of the method. The
applicant shall provide information characterizing the quality and quantity of
discharges covered in the permit application, including the following:
[Comment: This characterization data is not required of small
MS4 individual permit applicants.]
(i)
Quantitative data from representative outfalls designated by the director
(based on information received in part 1 of the application, the director shall
designate between five and ten outfalls or field screening points as
representative of the commercial, residential and industrial land use
activities of the drainage area contributing to the system or, where there are
less than five outfalls covered in the application, the director shall
designate all outfalls) developed as follows:
(a) For each outfall or field screening point
designated under paragraph (D)(2)(c)(i) of this rule, samples shall be
collected of storm water discharges from three storm events occurring at least
one month apart in accordance with the requirements of
40
C.F.R. 122.21(g)(7). (The
director may allow exemptions to sampling three storm events when climatic
conditions create good cause for such exemptions).
(b) A narrative description shall be provided
of the date and duration of the storm event sampled, rainfall estimates of the
storm event that generated the sampled discharge and the duration between the
storm event sampled and the end of the previous measurable (greater than 0.1
inch rainfall) storm event.
(c) For
samples collected and described under paragraphs (D)(2)(c)(i)(a) and
(D)(2)(c)(i)(b) of this rule, quantitative data shall be provided for the
organic pollutants listed in table II of appendix D of 40 C.F.R. 122, the
pollutants listed in table III (toxic metals, cyanide and total phenols) of
appendix D of 40 C.F.R. 122, and the following pollutants: total suspended
solids (TSS), total dissolved solids (TDS), chemical oxygen demand (COD),
five-day biochemical oxygen demand (BOD5), oil and grease, fecal coliform,
fecal streptococcus, pH, total Kjeldahl nitrogen, nitrate plus nitrite,
dissolved phosphorus, total ammonia plus organic nitrogen, and total
phosphorus.
(d) Additional limited
quantitative data required by the director for determining permit conditions
(the director may require that quantitative data shall be provided for
additional parameters, and may establish sampling conditions such as the
location, season of sample collection, form of precipitation (snow melt,
rainfall) and other parameters necessary to insure
representativeness).
(ii)
Estimates of the annual pollutant load of the cumulative discharges to surface
waters of the state from all identified municipal outfalls and the event mean
concentration of the cumulative discharges to surface waters of the state from
all identified municipal outfalls during a storm event (as described under
40
C.F.R. 122.21(g)(7) ) for
BOD5, COD, TSS, TDS, total nitrogen, total ammonia plus organic nitrogen, total
phosphorus, dissolved phosphorus, cadmium, copper, lead and zinc. Estimates
shall be accompanied by a description of the procedures for estimating
constituent loads and concentrations, including any modeling, data analysis and
calculation methods.
(iii) A
proposed schedule to provide estimates for each major outfall identified in
either paragraph (D)(2)(b) or (D)(1)(c)(ii)(a) of this rule of the seasonal
pollutant load and of the event mean concentration of a representative storm
for any constituent detected in any sample required under paragraph
(D)(2)(c)(i) of this rule.
(iv) A
proposed monitoring program for representative data collection for the term of
the permit that describes the location of outfalls or field screening points to
be sampled (or the location of in stream stations), why the location is
representative, the frequency of sampling, parameters to be sampled and a
description of sampling equipment.
(d) Proposed management program. A proposed
management program covers the duration of the permit. It shall include a
comprehensive planning process that involves public participation and where
necessary intergovernmental coordination, to reduce the discharge of pollutants
to the maximum extent practicable using management practices, control
techniques and system, design and engineering methods, and such other
provisions that are appropriate. The program shall also include a description
of staff and equipment available to implement the program. Separate proposed
programs may be submitted by each co-applicant. Proposed programs may impose
controls on a systemwide basis, a watershed basis, a jurisdiction basis, or on
individual outfalls. Proposed programs will be considered by the director when
developing permit conditions to reduce pollutants in discharges to the maximum
extent practicable. Proposed management programs shall describe priorities for
implementing controls. Such programs shall be based on:
(i) A description of structural and source
control measures to reduce pollutants from runoff from commercial and
residential areas that are discharged from the municipal storm sewer system
that are to be implemented during the life of the permit, accompanied with an
estimate of the expected reduction of pollutant loads and a proposed schedule
for implementing such controls. At a minimum, the description shall include the
following:
(a) A description of maintenance
activities and a maintenance schedule for structural controls to reduce
pollutants (including floatables) in discharges from municipal separate storm
sewers.
(b) A description of
planning procedures including a comprehensive master plan to develop, implement
and enforce controls to reduce the discharge of pollutants from municipal
separate storm sewers that receive discharges from areas of new development and
significant redevelopment. Such plan shall address controls to reduce
pollutants in discharges from municipal separate storm sewers after
construction is completed. (Controls to reduce pollutants in discharges from
municipal separate storm sewers containing construction site runoff are
addressed in paragraph (D)(2)(d)(iv) of this rule).
(c) A description of practices for operating
and maintaining public streets, roads and highways and procedures for reducing
the impact on receiving waters of discharges from municipal storm sewer
systems, including pollutants discharged as a result of deicing
activities.
(d) A description of
procedures to assure that flood management projects assess the impacts on the
water quality of receiving water bodies and that existing structural flood
control devices have been evaluated to determine if retrofitting the device to
provide additional pollutant removal from storm water is feasible.
(e) A description of a program to monitor
pollutants in runoff from operating or closed municipal landfills or other
treatment, storage or disposal facilities for municipal waste, that shall
identify priorities and procedures for inspections and establishing and
implementing control measures for such discharges (this program can be
coordinated with the program developed under paragraph (D)(2)(d)(iii) of this
rule).
(f) A description of a
program to reduce to the maximum extent practicable, pollutants in discharges
from municipal separate storm sewers associated with the application of
pesticides, herbicides and fertilizer that will include, as appropriate,
controls such as educational activities, permits, certifications and other
measures for commercial applicators and distributors, and controls for
application in public right-of-ways and at municipal facilities.
(ii) A description of a program,
including a schedule, to detect and remove (or require the discharger to the
municipal separate storm sewer to obtain a separate Ohio NPDES permit for)
illicit discharges and improper disposal into the storm sewer. The proposed
program shall include the following:
(a) A
description of a program, including inspections, to implement and enforce an
ordinance, orders or similar means to prevent illicit discharges to the
municipal separate storm sewer system; this program description shall address
all types of illicit discharges, however the following category of non-storm
water discharges or flows shall be addressed where such discharges are
identified by the municipality as sources of pollutants to surface waters of
the state: water line flushing, landscape irrigation, diverted stream flows,
rising ground waters, uncontaminated ground water infiltration (as defined at
40
C.F.R. 35.2005(20) ) to
separate storm sewers, uncontaminated pumped ground water, discharges from
potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges and street wash water (program
descriptions shall address discharges or flows from fire fighting only where
such discharges or flows are identified as significant sources of pollutants to
surface waters of the state).
(b) A
description of procedures to conduct on-going field screening activities during
the life of the permit, including areas or locations that will be evaluated by
such field screens.
(c) A
description of procedures to be followed to investigate portions of the
separate storm sewer system that, based on the results of the field screen, or
other appropriate information, indicate a reasonable potential of containing
illicit discharges or other sources of non-storm water (such procedures may
include: sampling procedures for constituents such as fecal coliform, fecal
streptococcus, surfactants (MBAS), residual chlorine, fluorides and potassium;
testing with fluorometric dyes; or conducting in storm sewer inspections where
safety and other considerations allow. Such description shall include the
location of storm sewers that have been identified for such
evaluation).
(d) A description of
procedures to prevent, contain, and respond to spills that may discharge into
the municipal separate storm sewer.
(e) A description of a program to promote,
publicize and facilitate public reporting of the presence of illicit discharges
or water quality impacts associated with discharges from municipal separate
storm sewers.
(f) A description of
educational activities, public information activities and other appropriate
activities to facilitate the proper management and disposal of used oil and
toxic materials.
(g) A description
of controls to limit infiltration of seepage from municipal sanitary sewers to
municipal separate storm sewer systems where necessary.
(iii) A description of a program to monitor
and control pollutants in storm water discharges to municipal systems from
municipal landfills, hazardous waste treatment, disposal and recovery
facilities, industrial facilities that are subject to Section 313 of Title III
of the Superfund Amendments and Reauthorization Act of 1986 (SARA),
42 U.S.C.
11023, and industrial facilities that the
municipal permit applicant determines are contributing a substantial pollutant
loading to the municipal storm sewer system. The program shall complete both of
the following:
(a) Identify priorities and
procedures for inspections and establishing and implementing control measures
for such discharges.
(b) Describe a
monitoring program for storm water discharges associated with the industrial
facilities identified in paragraph (D)(2)(d)(iii) of this rule, to be
implemented during the term of the permit, including the submission of
quantitative data on the following constituents: any pollutants limited in
effluent guidelines subcategories, where applicable; any pollutant listed in an
existing Ohio NPDES permit for a facility; oil and grease, COD, pH, BOD5, TSS,
total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen, and
any information on discharges required under
40
C.F.R. 122.21(g)(7)(vi) and
(vii).
(iv) A description of a program to implement
and maintain structural and non-structural best management practices to reduce
pollutants in storm water runoff from construction sites to the municipal storm
sewer system, that shall include all of the following:
(a) A description of procedures for site
planning that incorporate consideration of potential water quality
impacts.
(b) A description of
requirements for nonstructural and structural best management
practices.
(c) A description of
procedures for identifying priorities for inspecting sites and enforcing
control measures that consider the nature of the construction activity,
topography and the characteristics of soils and receiving water
quality.
(d) A description of
appropriate educational and training measures for construction site
operators.
(e) Assessment of
controls. Estimated reductions in loadings of pollutants from discharges of
municipal storm sewer constituents from municipal storm sewer systems expected
as the result of the municipal storm water quality management program. The
assessment shall also identify known impacts of storm water controls on ground
water.
(f) Fiscal analysis. For
each fiscal year to be covered by the permit, a fiscal analysis of the
necessary capital and operation and maintenance expenditures necessary to
accomplish the activities of the programs under paragraphs (D)(2)(c) and
(D)(2)(d) of this rule. Such analysis shall include a description of the source
of funds that are proposed to meet the necessary expenditures, including legal
restrictions on the use of such funds.
(g) Where more than one legal entity submits
an application, the application shall contain a description of the roles and
responsibilities of each legal entity and procedures to ensure effective
coordination.
(h) Where
requirements under paragraphs (D)(1)(d)(v), (D)(2)(b), (D)(2)(c)(ii) and
(D)(2)(d) of this rule are not practicable or are not applicable, the director
may exclude any operator of a discharge from a municipal separate storm sewer
system that is designated under paragraph (A)(1)(e), (B)(4)(b) or (B)(6)(b) of
this rule from such requirements. The director shall not exclude the operator
of a discharge from a large or medium municipal separate storm sewer system,
from any of the permit application requirements under paragraph (D) of this
rule except where authorized under this rule.
(E)
Application deadlines. Any operator of a point source required to obtain a
permit under this rule that does not have an effective Ohio NPDES permit
authorizing discharges from its storm water outfalls shall submit an
application in accordance with the following deadlines:
(1) Storm water discharges associated with
industrial activity.
(a) Except as provided
in paragraph (E)(1)(b) of this rule, for any storm water discharge associated
with industrial activity identified in paragraphs (B)(13)(a) to (B)(13)(k) of
this rule, that is not part of the federal group application process or that is
not authorized by a storm water general permit, a permit application made
pursuant to paragraph (C) of this rule shall be submitted to the director by
October 1, 1992.
(b) For any storm
water discharge associated with industrial activity from a facility that is
owned or operated by a municipality with a population of less than one hundred
thousand that is not authorized by a general or individual permit, other than
an airport, power plant, or uncontrolled sanitary landfill, the permit
application shall be submitted to the director by March 10, 2003.
(2) For any discharge from a large
municipal separate storm sewer system, in accordance with the following:
(a) Part 1 of the application shall be
submitted to the director by November 18, 1991.
(b) Based on information received in the part
1 application the director will approve or deny a sampling plan under paragraph
(D)(1)(d)(v) of this rule within ninety days after receiving the part 1
application.
(c) Part 2 of the
application shall be submitted to the director by November 16, 1992.
(3) For any discharge from a
medium municipal separate storm sewer system, in accordance with the following:
(a) Part 1 of the application shall be
submitted to the director by May 18, 1992.
(b) Based on information received in the part
1 application the director will approve or deny a sampling plan under paragraph
(D)(1)(d)(v) of this rule within ninety days after receiving the part 1
application.
(c) Part 2 of the
application shall be submitted to the director by May 17, 1993.
(4) A permit application shall be
submitted to the director within one hundred eighty days of notice, unless
permission for a later date is granted by the director (see
40 C.F.R.
124.52(c) ), for both of the
following:
(a) A storm water discharge that
the director determines contributes to a violation of a water quality standard
or is a significant contributor of pollutants to surface waters of the state
(see paragraphs (A)(1)(e) and (B)(14)(b) of this rule).
(b) A storm water discharge subject to
paragraph (C)(1)(e) of this rule.
(5) Facilities with existing Ohio NPDES
permits for storm water discharges associated with industrial activity shall
maintain existing permits. Facilities with permits for storm water discharges
associated with industrial activity that expire on or after May 18, 1992 shall
submit a new application in accordance with the requirements of
40
C.F.R. 122.21 and paragraph (C)(1)(a) of this
rule one hundred eighty days before the expiration of such permits.
(6) The director shall issue or deny permits
for discharges composed entirely of storm water under this rule in accordance
with all of the following schedule requirements:
(a) Except as provided in paragraph (E)(6)(b)
of this rule, the director shall issue or deny permits for storm water
discharges associated with industrial activity no later than October 1, 1993
or, for new sources or existing sources that fail to submit a complete permit
application by October 1, 1992, one year after receipt of a complete permit
application.
(b) The director shall
issue or deny permits for large municipal separate storm sewer systems no later
than November 16, 1993 or, for new sources or existing sources that fail to
submit a complete permit application by November 16, 1992, one year after
receipt of a complete permit application.
(c) The director shall issue or deny permits
for medium municipal separate storm sewer systems no later than May 17, 1994
or, for new sources or existing sources that fail to submit a complete permit
application by May 17, 1993, one year after receipt of a complete permit
application.
(7) For any
storm water discharge associated with small construction activity identified in
paragraph (B)(14)(a) of this rule (see
40
C.F.R. 122.21(c)(1) ).
Discharges from these sources require permit authorization by March 10, 2003,
unless designated for coverage before then.
(F) Petitions.
(1) Any operator of a municipal separate
storm sewer system may petition the director to require a separate Ohio NPDES
permit for any discharge into the municipal separate storm sewer
system.
(2) Any person may petition
the director to require an Ohio NPDES permit for a discharge that is composed
entirely of storm water that contributes to a violation of a water quality
standard or is a significant contributor of pollutants to surface waters of the
state.
(3) The owner or operator of
a municipal separate storm sewer system may petition the director to reduce the
census estimates of the population served by such separate system to account
for storm water discharged to combined sewers as defined by
40
C.F.R. 35.2005(b)(11) that
is treated in a publicly owned treatment works. In municipalities in which
combined sewers are operated, the census estimates of population may be reduced
proportional to the fraction, based on estimated lengths, of the length of
combined sewers over the sum of the length of combined sewers and municipal
separate storm sewers where an applicant has submitted the Ohio NPDES permit
number associated with each discharge point and a map indicating areas served
by combined sewers and the location of any combined sewer overflow discharge
point.
(4) Any person may petition
the director for the designation of a large or medium municipal separate storm
sewer system as defined by paragraph (B)(4)(b) or (B)(6)(b) of this
rule.
(5) The director shall make a
final determination on any petition received under this paragraph (F) of this
rule within ninety days after receiving the petition.
(G) Conditional exclusion for "no exposure"
of industrial activities and materials to storm water.
Discharges composed entirely of storm water are not storm water
discharges associated with industrial activity if there is "no exposure" of
industrial materials and activities to rain, snow, snowmelt or runoff, and the
discharger satisfies the conditions in paragraphs (G)(1) to (G)(4) of this
rule. "No exposure" means that all industrial materials and activities are
protected by a storm resistant shelter to prevent exposure to rain, snow,
snowmelt or runoff. Industrial materials or activities include, but are not
limited to, material handling equipment or activities, industrial machinery,
raw materials, intermediate products, by-products, final products or waste
products. Material handling activities include the storage, loading and
unloading, transportation or conveyance of any raw material, intermediate
product, final product or waste product.
(1) Qualification. To qualify for this
exclusion, the operator of the discharge shall complete the following:
(a) Provide a storm resistant shelter to
protect industrial materials and activities from exposure to rain, snow, snow
melt and runoff.
(b) Complete and
sign (according to
40
C.F.R. 122.22 ) a certification that there
are no discharges of storm water contaminated by exposure to industrial
materials and activities from the entire facility, except as provided in
paragraph (G)(2) of this rule.
(c)
Submit the signed certification to the director once every five years. The
director may require electronic reporting of this information.
(d) Allow the director to inspect the
facility to determine compliance with the "no exposure" conditions.
(e) Allow the director to make any "no
exposure" inspection reports available to the public upon request.
(f) For facilities that discharge through an
MS4, upon request, submit a copy of the certification of "no exposure" to the
MS4 operator, as well as allow inspection and public reporting by the MS4
operator.
(2) Industrial
materials and activities not requiring storm resistant shelter. To qualify for
this exclusion, storm resistant shelter is not required for any of the
following:
(a) Drums, barrels, tanks, and
similar containers that are tightly sealed, provided those containers are not
deteriorated and do not leak ("sealed" means banded or otherwise secured and
without operational taps or valves).
(b) Adequately maintained vehicles used in
material handling.
(c) Final
products, other than products that would be mobilized in storm water discharge
(e.g., rock salt).
(3)
Limitations.
(a) Storm water discharges from
construction activities identified in paragraphs (B)(13)(j) and (B)(14) of this
rule are not eligible for this conditional exclusion.
(b) This conditional exclusion from the
requirement for an Ohio NPDES permit is available on a facility-wide basis
only, not for individual outfalls. If a facility has some discharges of storm
water that would otherwise be "no exposure" discharges, individual permit
requirements may be adjusted accordingly.
(c) If circumstances change and industrial
materials or activities become exposed to rain, snow, snow melt or runoff, the
conditions for this exclusion no longer apply. In such cases, the discharge
becomes subject to enforcement for un-permitted discharge. Any conditionally
exempt discharger who anticipates changes in circumstances shall apply for and
obtain permit authorization prior to the change of circumstances.
(d) Notwithstanding the provisions of
paragraphs (G)(3)(a) to (G)(3)(c) of this rule, the director retains the
authority to require permit authorization (and deny this exclusion) upon making
a determination that the discharge causes, has a reasonable potential to cause
or contributes to an in stream excursion above an applicable water quality
standard, including designated uses.
(4) Certification. At a minimum, the "no
exposure" certification shall require the submission of all of the following
information to aid the director in determining if the facility qualifies for
the "no exposure" exclusion:
(a) The legal
name, address and phone number of the discharger.
(b) The facility name and address, the county
name and the latitude and longitude where the facility is located.
(c) The certification shall indicate that
none of the following materials or activities are, or will be in the
foreseeable future, exposed to precipitation:
(i) Using, storing or cleaning industrial
machinery or equipment, and areas where residuals from using, storing or
cleaning industrial machinery or equipment remain and are exposed to storm
water.
(ii) Materials or residuals
on the ground or in storm water inlets from spills or leaks.
(iii) Materials or products from past
industrial activity.
(iv) Material
handling equipment (except adequately maintained vehicles).
(v) Materials or products during loading or
unloading or transporting activities.
(vi) Materials or products stored outdoors
(except final products intended for outside use; e.g., new cars, where exposure
to storm water does not result in the discharge of pollutants).
(vii) Materials contained in open,
deteriorated or leaking storage drums, barrels, tanks, and similar
containers.
(viii) Materials or
products handled or stored on roads or railways owned or maintained by the
discharger.
(ix) Waste material
(except waste in covered, non-leaking containers; e.g., dumpsters).
(x) Application or disposal of process
wastewater (unless otherwise permitted).
(xi) Particulate matter or visible deposits
of residuals from roof stacks or vents not otherwise regulated; i.e., under an
air quality control permit and evident in the storm water outflow.
(d) All "no exposure"
certifications shall include the following certification statement, and be
signed in accordance with the signatory requirements of
40
C.F.R. 122.22: "I certify under penalty of
law that I have read and understand the eligibility requirements for claiming a
condition of "no exposure" and obtaining an exclusion from Ohio NPDES storm
water permitting; and that there are no discharges of storm water contaminated
by exposure to industrial activities or materials from the industrial facility
identified in this document (except as allowed under paragraph (G)(2) of rule
3745-39-04 of the Administrative Code). I understand that I am obligated to
submit a "no exposure" certification form once every five years to the Ohio EPA
director and, if requested, to the operator of the local MS4 into which this
facility discharges (where applicable). I understand that I shall allow the
Ohio EPA director, or MS4 operator where the discharge is into the local MS4,
to perform inspections to confirm the condition of "no exposure" and to make
such inspection reports publicly available upon request. I understand that I
shall obtain coverage under an Ohio NPDES permit prior to any point source
discharge of storm water from the facility. I certify under penalty of law that
this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified
personnel properly gathered and evaluated the information submitted. Based upon
my inquiry of the person or persons who manage the system, or those persons
directly involved in gathering the information, the information submitted is to
the best of my knowledge and belief true, accurate and complete. I am aware
there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."