Current through all regulations passed and filed through September 16, 2024
(A) The following terms and conditions are
applicable to " NPDES" permits. The permittee shall comply with all
terms and conditions of the " NPDES" permit.
(B) Duty to mitigate. The
permittee shall take all reasonable steps to minimize
or prevent any discharge or disposal in violation of the permit which has a
reasonable likelihood of adversely affecting human health or the environment.
This permit may be modified, suspended or revoked for cause.
(C) Permit actions. The
" NPDES" permit may
be modified, revoked and reissued, or terminated for cause. The filing by the
permittee of a request for permit modification,
revocation
and reissuance, termination, or a notification of
planned changes or anticipated noncompliance does not stay or suspend any
permit term or condition.
(D) Duty
to comply. Any permit noncompliance constitutes a violation of the act and
Chapter 903. of the Revised Code and is grounds for an enforcement action; for
permit
modification; revocation and reissuance;
termination; or denial of a permit renewal application.
(E) General effluent limitations. Any
effluent shall, at all times, comply with Ohio water quality
standards.
(F) Duty to reapply. If
the permitee wishes to commence a discharge or to continue any activity
regulated by the permit after the expiration date of this permit, an
application for a permit or renewal of a permit shall be submitted to the
director at least one hundred eighty days prior to discharge or the expiration
date of the permit.
(G) The permit
does not convey any property rights of any sort or any exclusive
privilege.
(H) Inspection and
entry. The permittee shall allow the director or an authorized
representative upon the presentation of proper identification, at reasonable
times and in compliance with biosecurity procedures:
(1) To enter the facility or operation where
any records are kept under the terms and conditions of the permit;
(2) To have access for review and copying any
records that must be kept under the terms and conditions of the
permit;
(3) To inspect, at
reasonable times:
(a) Equipment (including any
monitoring and control equipment) or methods;
(b) Any manure storage or treatment
facility;
(c) Practices required or
operations regulated under the permit;
and
(4) To sample or
monitor, at reasonable times, for the purpose of assuring permit compliance or
as otherwise authorized by the act, any substances or parameters at any
location.
(I) Duty to
provide information. The permittee shall furnish to the
department within a reasonable time any information that the department may
request to determine whether cause exists for modifying, revoking, and
reissuing or terminating the permit or to determine compliance with the permit.
The pemittee shall also furnish to the department, upon
request, copies of records required by this permit to be kept.
(J) Monitoring and records.
(1) Samples and measurements taken including,
but not limited to, samples and measurements of manure, soils, process
wastewater and process generated waste water for
the purpose of monitoring shall be representative of the monitored
activity.
(2) The
permittee shall retain records of all monitoring
information, including all calibration and maintenance records and, if
applicable, original strip chart recordings or continuous monitoring
instrumentation. Copies of reports required by this permit and records of data
used to complete the application for this permit shall be retained for a period
of at least five years from the date of this permit, the sample, measurement,
report or application. This period may be extended by request of the
director at any time.
(3) Records of monitoring information shall
include:
(a) The date, exact place and time of
sampling or measurements;
(b) The
individual(s) who performed the sampling or measurements;
(c) The date(s) analyses were
performed;
(d)
The individual(s) who performed the
analyses;
(e) The analytical
techniques or methods used; and
(f) The results of such
analyses.
(K)
Monitoring must be conducted according to rules
901:10-2-10 and
901:10-2-13 of the
Administrative Code and according to test procedures approved under 40 C.F.R.
part 136 (2012), unless other test procedures have been specified in the permit
and approved by the regional administrator. Monitoring must be conducted in
accordance with any water quality analytical procedures approved by the
director. The permittee shall maintain
equipment or lease the equipment or otherwise obtain access to equipment to
ensure accurate measurements.
(L)
Additional requirements for recording and reporting monitoring results shall be
established on a case-by-case basis with a frequency dependent on the nature
and effect of the discharge, but in no case less than once per year. All
permits shall specify:
(1) Requirements
concerning the proper use, maintenance and installation, when appropriate, of
monitoring equipment or methods (including biological monitoring methods when
appropriate);
(2) Required
monitoring including type, intervals and frequency sufficient to yield data
which are representative of the monitoring activity including, when
appropriate, continuous monitoring; and
(3) Applicable reporting requirements based
upon the impact of the regulated activity.
(M) Signatures. All permit applications and
reports required by the permit and other information submitted to the director
shall be signed and certified as follows:
(1)
All permit applications shall be signed as follows:
(a) For a corporation: by a responsible
corporate officer. For the purpose of this section, a responsible corporate
officer means:
(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 or
decision-making functions for the corporation; or
(ii) The manager of one or more production,
or operating facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including having
the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to
assure long term environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures;
or
(b) For a partnership
or sole proprietorship: by a general partner for a partnership or the
proprietor, respectively.
(2) All reports required by permits and other
information requested by the director shall be signed by the person described
above or a duly authorized representative of that person. A person is a duly
authorized representative of the person described above only if:
(a) The authorization is made in writing by
the person described above;
(b) The
authorization specifies either an individual or a position having
responsibility for the overall operation of the facility such as the position
of manager, or a position of equivalent responsibility; (A duly authorized
representative may thus be either a named individual or any individual
occupying a named position.)
(c) The written authorization is submitted to
the director;
and
(d) Changes to
authorization. If an authorization is no longer accurate because a different
individual or position has responsibility for the overall operation of the
facility, a new authorization satisfying this rule must be submitted prior to
or together with any reports, information, or applications to be signed by an
authorized representative.
(3) Certification. Any person
signing a document under this rule shall make the following certification: "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 gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate and complete. I am aware that there are significant penalties for
submitting false information including the possibility of fine and imprisonment
for knowing violations."
(N) Need to halt or reduce activity is not a
defense. It shall not be a defense for an permittee in an enforcement
action that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.
(O) Proper operation and
maintenance. The permittee shall at all times properly operate and
maintain all facilities (and related appurtenances) which are installed or used
by the permittee to achieve compliance with the conditions of
the permit. Proper operation and maintenance also includes adequate laboratory
controls and appropriate quality assurance procedures. This provision requires
the operation of backup or auxiliary facilities or similar systems only when
necessary to achieve compliance with the conditions of the permit.
(P) Emergency notification. In an emergency,
the permittee shall follow the facility's emergency
response plan, which shall include, at a minimum, the following:
(1) The names and telephone numbers of
persons who are identified by the owner or operator as responsible for
implementing the plan;
(2) Areas of
the facility where potential spills can occur and their accompanying surface
and subsurface drainage points; and
(3) Procedures to be followed in the event of
a spill, including actual or imminent discharge to waters of the state. These
procedures shall include:
(a) The
permittee shall report a spill or discharge by
telephone to the department as soon as possible, but in no case more than
twenty- four hours following first knowledge of the occurrence and shall
provide the following information:
(i) The
time at which the discharge or spillage occurred, if known, was
discovered;
(ii) The approximate
amount and the characteristics of the discharge or spillage;
(iii) The waters of the state affected by the
discharge or spillage;
(iv) The
circumstances which created the discharge or spillage;
(v) The names and telephone numbers of
persons who have knowledge of these circumstances;
(vi) Those steps being taken to clean up the
discharge or spillage;
(vii) The
names and telephone numbers of the persons responsible for the
cleanup.
(b) For any
emergency that requires immediate reporting after normal business hours, the
permittee shall use the Ohio department of
agriculture's emergency telephone number.
(c) If applicable, the
permittee shall notify appropriate local
authorities.
(d) The
permittee shall also file a written report of the
occurrence in letter form within five days following first knowledge of the
occurrence, unless waived, in writing, by the director.
On a case-by-case basis, the director may waive the written report if an oral
report of a spill was received within twenty-four hours of the incident. This
report shall outline the actions taken, proposed to be taken to correct the
problem and to ensure that the problem does not recur.
(Q) Twenty-four hour reporting.
The permittee shall report any noncompliance which may endanger health or the
environment. Any information shall be provided orally within twenty-four hours
from the time the permittee becomes aware of the circumstances. A written
submission shall also be provided within five days of the time the permittee
becomes aware of the circumstances. A written submission shall contain a
description of the noncompliance and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate and prevent reoccurrence of the noncompliance. On
a case-by-case basis the director may waive the written report if an oral
report of a spill was received within twenty-four hours of the incident.
The following shall be included as information which must be
reported within twenty- four hours:
(1) Any unanticipated bypass that exceeds any
effluent limitation in the permit;
(2) Any upset which exceeds any effluent
limitation in the permit; and
(3)
Violations of a maximum daily discharge limitation for any of the pollutants
listed by the director in the permit to be reported within twenty-four hours.
The director may waive the written report on a case-by-case basis for reports
if the oral report has been received within twenty-four hours.
(R) Compliance schedules.
(1) The director shall establish conditions,
as required and appropriate on a case- by-case basis, to provide for and assure
compliance with all applicable requirements of the act and regulations. These
shall include conditions under 40 CFR sections
122.44 (1983),
122.46 (1995),
122.47 (2000),
122.48 (1985)
and 40 CFR Part 132 (2011). In particular, and
when appropriate, the director may include in a permit a schedule of compliance
leading to compliance with the CWA and its implementing regulations consistent
with the requirements and conditions in 40 C.F.R.
122.47 (2000)
which establish compliance schedules and authority to set interim compliance
dates.
(2) Reports of compliance
or noncompliance with, or any progress reports on, any compliance schedule of
the permit shall be submitted fourteen days after each schedule date.
(S) Anticipated noncompliance. The
permittee shall give advance notice to the director of
any planned changes at the facility that may result in noncompliance with
permit requirements.
(T) Bypass
means the intentional diversion of manure from any portion of the treatment
facility.
(1) Bypass not exceeding
limitations. The permittee may allow any bypass to occur that does not cause
effluent limitations to be exceeded but only if it also is for essential
maintenance to assure efficient operation.
(2) If the permittee knows in advance of the
need for a bypass, it shall submit prior notice, if possible, at least ten days
before the date of the bypass.
(3)
Unanticipated bypass. The permittee shall submit notice of an unanticipated
bypass as required in paragraph (Q) of this rule.
(4) Bypasses are prohibited and the director
may take enforcement action unless:
(a) The
bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage. Severe property damage means substantial physical damage to
property, damage to the treatment facilities that causes them to be inoperable,
or substantial and permanent loss of natural resources that can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production;
(b) There were no feasible alternatives to
the bypass, such as the use of auxiliary treatment facilities, retention of
manure, or maintenance during normal periods of equipment downtime. This
condition will not be satisfied if adequate backup equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a
bypass;
(c) The permittee submitted notices as
required by paragraph (P) of this rule; and
(d) The director may approve an anticipated
bypass after considering its adverse effects if the director determines that
the bypass will meet the conditions listed in this rule.
(U) Upset means an exceptional
incident in which there is unintentional and temporary noncompliance with
technology-based permit effluent limitations because of factors beyond the
reasonable control of the permittee. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance or
careless or improper operation.
(1) Effect of
an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology-based effluent limitations if the
requirement of paragraph (U)(2) of this rule is met. No determination made
during administrative review of claims that noncompliance was caused by upset,
and before an action for noncompliance, is a final administrative action
subject to judicial review.
(2)
Conditions necessary for a demonstration of upset. A permittee who wishes to
establish the affirmative defense of upset shall demonstrate through properly
signed, contemporaneous operating records, or other relevant evidence that:
(a) An upset occurred and the permittee can
identify the cause of the upset;
(b) The permitted operation was at the time
being properly operated;
(c) The
permittee submitted notice of the upset as required in paragraph (Q) of this
rule; and
(d) The permittee
complied with any compliance measures required under paragraph (B) of this
rule.
(3) In any
proceeding to enforce the NPDES permit the permittee seeking to establish
the occurrence of an upset has the burden of proof.
(V) Planned changes. The
permittee shall give notice to the department as soon
as possible of any planned physical alterations or additions to the permitted
facility. Notice is required only when:
(1)
The alteration or addition to a permitted facility may meet one of the criteria
for determining whether a facility is a new source in 40 C.F.R. section
122.29(b)
(2000); or
(2) The alteration or addition could
significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants which are not subject to
effluent limitations in the permit.
(W) Other noncompliance. The
permittee shall report all instances of noncompliance
not reported under paragraphs (Q) and (R) of this rule at the time monitoring
reports are submitted. These reports shall contain the information listed in
paragraph (Q) of this rule.
(X)
Other information. Where the owner or operator becomes aware that it failed to
submit any relevant facts in a permit application, or submitted incorrect
information in a permit application or in any report to the director, it shall
promptly submit such facts or information.
(Y) Reporting obligations.
(1) Annual reports and information required
to be submitted by the permit or by the rules may be submitted in hard copy
format in the a report form pre-printed by the Ohio department of agriculture
or an approved facsimile. The original report form must be signed and mailed
to: "Ohio Department of Agriculture, Division of
Livestock Environmental Permitting, 8995 East Main Street, Reynoldsburg,
Ohio 43068."
(2) Alternatively,
annual reports and information may be submitted electronically using the Ohio
department of agriculture developed software, based on a memorandum in
agreement signed by a responsible corporate officer, general partner,
proprietor or a duly authorized representative of the
permittee (see paragraph (M) of rule
901:10-3-10 of the
Administrative Code) and submitted to the Ohio department of agriculture to
receive an authorized personal identification number (pin) prior to sending
data electronically. A hard copy of the Ohio department of agriculture form
must be generated, signed and maintained on site for records retention
purposes.
(3) Calculations for all
limitations which require averaging of measurements shall utilize an arithmetic
mean unless otherwise specified by the director in the permit.
(Z) Other obligations which may
apply.
(1) Outfalls and discharge points. All
permit effluent limitations, standards and prohibitions shall be established
for each outfall or discharge point of the permitted operation unless the
director determines that effluent limitations are infeasible and the best
management practices shall be utilized.
(2) Continuous discharges. For any continuous
discharges, all permit effluent limitations, standards, and prohibitions,
including those necessary to achieve water quality standards, shall, unless impracticable,
be stated as:
(a) Maximum daily and average
monthly discharge limitations for all dischargers other than publicly owned
treatment works; and
(b) Average
weekly and average monthly discharge limitations for any utilized publicly
owned treatment works.
(3) Non-continuous discharges. Discharges
which are not continuous shall be particularly described and limited,
considering the following factors, as appropriate:
(a) Frequency (for example, a batch discharge
shall not occur more than once every three weeks);
(b) Total mass (for example, not to exceed
one hundred kilograms of zinc and two hundred kilograms of chromium per batch
discharge);
(c) Maximum rate
discharge of pollutants during the discharge (for example, not to exceed two
kilograms of zinc per minute); and
(d) Prohibition or limitation of specified
pollutants by mass, concentration, or other appropriate measure (for example,
shall not contain at any time more than 0.1 mg/1 zinc or more than two hundred
and fifty grams (1/4 kilogram) of zinc in any discharge).
