Current through all regulations passed and filed through December 16, 2024
(A) Definitions.
The following definitions shall apply specifically to
stormwater. All other definitions contained in this rule and not otherwise
defined in this rule shall retain the meaning in the rules contained in
definitions rule
901:10-1-01 of the
Administrative Code and in Chapter 903. of the Revised Code.
(1) Best management practices for stormwater
means erosion control, sediment control and water quality management practices
that are the most effective and practicable means of controlling, preventing
and minimizing degradation of surface water, including construction-phasing,
minimizing the length of time soil areas are exposed, prohibitions and other
management practices published by the state or other agencies, such as
"Rainwater and Land Development, Ohio's Standards for Storm Water Management,
Land Development and Urban Stream Protection, Third Edition, 2006," prepared by
the Ohio department of natural resources, division of soil and water
conservation.
(2) Construction
activity means clearing, grading, excavation, grubbing and filling.
(3) Erosion means the wearing away of soil by
rainfall, surface water runoff, wind or ice movement.
(4) Erosion control means methods employed to
prevent erosion. Examples include soil stabilization practices, horizontal
slope grading, temporary or permanent cover and construction phasing.
(5) Exposed soil area means all areas of the
construction site where the perennial vegetation (including trees, shrubs and
brush) has been removed. This includes topsoil stockpile areas, borrow areas
and disposal areas within the construction site.
(6) Final stabilization means that all soil
disturbing activities at the site have been completed and that a uniform
perennial vegetative cover with a density of seventy percent of the cover for
unpaved areas and areas not covered by permanent structures has been
established or equivalent permanent stabilization measures have been
employed.
(7) First order stream
means all streams identified on a United States geological survey seven and
five tenths minute topographical map by either a dashed or blue solid
line.
(8) Impervious surface means
a constructed hard surface that either prevents or retards the entry of water
into the soil and causes water to run off the surface in greater quantities and
at an increased rate of flow than prior to development. Examples include
rooftops, sidewalks, patios, driveways, parking lots, storage areas, and
concrete, asphalt or gravel roads.
(9) "National Pollutant Discharge Elimination
System" (NPDES) means the program for issuing, modifying, revoking, reissuing,
terminating, monitoring and enforcing permits under the Clean Water Act
(Sections 301, 318, 402 and 405),
33 USC
1317 (February 4, 1987),
33
USC 1328 (December 27, 1977),
33 USC
1342 (February 7, 2014),
33 USC
1345 (February 4, 1987).
(10) Permanent cover
means final stabilization including, but not limited to, grass, gravel, asphalt
and concrete.
(11) Sediment means
solid material, both mineral and organic, that is in suspension, is being
transported or has been moved from its site of origin by air, water, gravity or
ice and has come to rest on the earth's surface.
(12) Sediment control means methods employed
to prevent sediment from leaving the site. Sediment control practices include
filter strips, silt fences, sediment traps, earth dikes, drainage swales, check
dams, subsurface drains, pipe slope drains, storm drain inlet protection, and
temporary or permanent sedimentation basins.
(13) Soil means the unconsolidated, erodible
earth material consisting of minerals or organics.
(14) Stabilized means the exposed ground
surface has been covered by staked sod, rip rap, wood fiber blanket, or other
material, which prevents erosion from occurring. Grass seed by itself is not
stabilization.
(15) Stormwater
means the precipitation runoff, stormwater runoff, snowmelt runoff and any
other surface runoff and drainage defined in
40
CFR section 122.26(b)(13)
(November 16, 1990). Stormwater does not include
construction site dewatering or agricultural stormwater discharges.
Stormwater resulting from an animal feeding facility includes
immediate access roads and rail lines used or traveled by carriers of raw
materials, products, waste materials, or by-products used or created by the
facility, sites used for handling material other than manure, refuse sites,
sites used for storage and maintenance of material handling equipment, shipping
and receiving areas, and under the control of the owner or operator. All areas
that fall within the meaning of production area are excluded from this
definition.
(16) Temporary
protection means temporary methods employed to prevent erosion.
Examples of temporary protection include: straw, wood fiber
blanket, wood chips and erosion netting.
(17) Waters of the state means all streams,
lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems and other bodies or accumulations of water, surface
and underground, natural or artificial which are situated wholly within, partly
within or border upon this state or are within its jurisdiction, except those
private waters which do not combine or effect a junction with natural surface
or underground waters.
(18) Wet
weather discharge refers collectively to point source discharges that result
from precipitation events, such as rainfall and snowmelt. Wet weather
discharges include stormwater runoff, combined sewer overflows and wet weather
sanitary sewer overflows. Stormwater runoff accumulates pollutants such as oil
and grease, chemicals, nutrients, metals and bacteria as it travels across
land.
(B) Permit
requirements.
(1) General stormwater
requirements. No person shall discharge stormwater resulting from an animal
feeding facility without first obtaining a NPDES permit issued by the director
of agriculture in accordance with rules when such a permit is required by the
act. The director may designate a stormwater discharge as a point source
subject to a NPDES permit. In addition, any person may petition the director to
require a NPDES permit for a discharge which is composed entirely of stormwater
which contributes to a violation of water quality standards or is a significant
contributor of pollutants to waters of the United States. Persons that have
been issued a NPDES permit by the director of the Ohio environmental protection
agency for the discharge of storm water from an animal feeding facility prior
to the date on which the USEPA approved the NPDES program submitted by the
director of agriculture under this section may continue to operate under that
permit until it expires or is modified or revoked. Such a permit shall be
enforced by the director of agriculture upon the transfer of authority to
enforce the terms and conditions of the permit.
(2) Construction stormwater requirements. No
person shall discharge stormwater resulting from an animal feeding facility
that is undergoing construction activities that include clearing, grading,
excavating, grubbing and/or filling activities that result in the disturbance
of one or more acres unless the person first obtains a NPDES permit issued by
the director of agriculture in accordance with rules when such a permit is
required by the Act. Persons that have been issued a NPDES permit by the
director of the Ohio environmental protection agency for the discharge of
stormwater from an animal feeding facility prior to the date on which the USEPA
approved the NPDES program submitted by the director of agriculture under that
section may continue to operate under that permit until it expires or is
modified or revoked. Such a permit shall be enforced by the director of
agriculture upon the transfer of authority to enforce the terms and conditions
of the permit.
(C)
Individual permit or general permit.
(1) The
director may require an owner or operator to apply for and obtain either an
individual NPDES permit or coverage under a NPDES general permit. Any
interested person may petition the director to take action under circumstances
listed in this rule. An individual NPDES permit may be required under the
following circumstances:
(a) A discharge
exists and is a significant contributor of pollutants;
(b) Noncompliance with the conditions of a
NPDES general permit;
(c)
Noncompliance with the rules; or
(d) Receiving streams not meeting applicable
water quality standards;
(e) A
change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants applicable to the point
source;
(f) Effluent limitation
guidelines are promulgated for point sources covered by a general NPDES
permit;
(g) A water quality
management plan containing requirements applicable to such point sources is
approved; or
(h) Circumstances have
changed since the time of the request to be covered so that the discharger is
no longer appropriately controlled under the general permit, or either a
temporary or permanent reduction or elimination of the authorized discharge is
necessary.
(2) The
director may require the owner or operator authorized to discharge by a general
permit to apply for an individual NPDES permit only if the owner or operator
has been notified in writing that a permit application is required. This notice
shall include a brief statement of the reasons for this decision, an
application and a statement setting a deadline for the owner or operator to
file the application and a statement that on the effective date of the
individual permit, coverage under this general permit shall automatically
terminate. The director may grant additional time to submit the application
upon request of the applicant. If an owner, operator or developer fails to
submit in a timely manner an individual NPDES permit application required by
the director under this paragraph, then the applicability of this general
permit to the individual NPDES permittee is automatically terminated at the end
of the day specified for application submittal.
(3) Any owner or operator authorized by
general permit may request to be excluded from the coverage of a general permit
by applying for an individual permit. The owner or operator shall submit an
individual application with reasons supporting the request to the director in
accordance with the requirements of
40
CFR section 122.26
(November 16, 1990). The request shall be granted by
issuance of an individual permit if the reasons cited by the owner or operator
are adequate to support the request.
(4) When an individual NPDES permit is issued
to an owner or operator otherwise subject to a general permit, or the owner,
operator or developer is approved for coverage under an NPDES general permit,
the applicability of a general permit to the individual NPDES permittee is
automatically terminated on the effective date of the individual permit or the
date of approval for coverage under the general permit, whichever the case may
be.
(D) Requirements for
stormwater discharge associated with construction activity.
(1) Application. Individuals who intend to
obtain coverage for a stormwater discharge associated with construction
activity shall submit an application for a permit at least thirty days prior to
the commencement of new construction activity. Application requirements for
stormwater discharges associated with construction activity include a summary
of the following:
(a) The location (including
a scaled map) and the nature of the construction activity;
(b) The total area of the site and the area
of the site that is expected to undergo excavation, grubbing and filling during
the life of the permit;
(i) The owner or
operator's name, address, telephone number, and manager's name (if
applicable);
(ii) The proposed
start and end date of the project;
(iii) An estimate of the area to be
disturbed;
(iv) Proposed measures,
including best management practices to control pollutants in stormwater
discharges during construction;
(v)
Proposed measures to control pollutants in storm water discharges that will
occur after construction operations have been completed;
These measures
must
be compatible with paragraph (F) of rule
901:10-2-04 of the
Administrative Code.
(vi) An estimate of the runoff of the site
and the increase in the 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; and
(vii) The name of the receiving
water.
(2)
Fees. A one-time fee must be submitted with the application in accordance with
rule 901:10-1-04 of the
Administrative Code. The owner or operator will indicate on the application
whether the stormwater permit is to be a general or individual
permit.
(3) Transfer. A stormwater
permit is transferable if the owner or operator notifies the department of
agriculture in writing sixty days prior to any proposed transfer. The
transferee must inform the department of agriculture in writing that he or she
will assume the responsibilities of the original transferor. The director may
require modification or revocation and reissuance of the permit to change the
name of the permittee and incorporate such other requirements as may be
necessary under the act.
(4) Record
keeping.
(a) For construction stormwater
requirements, the facility's final plans and specifications, which incorporate
the requirements of the erosion and sediment control plan must be:
(i) Available at the construction site in
either the field office, the inspector's vehicle, or contractor's vehicle;
and
(ii) Available to federal,
state and local officials for inspection for the duration of this
permit.
(b) The following
plans and records must be made available to federal, state, and local officials
within twenty-four hours of request for the duration of this permit:
(i) The erosion and sediment control
plan.
(ii) Records of all
inspections. Records shall include:
(a) The
dates and times of inspections;
(b)
Findings of inspections;
(c)
Corrective actions taken (including dates and times); and
(d) Documentation of changes to the erosion
and sediment control plan made during construction.
(iii) Dates of all precipitation events
exceeding one-half inch.
(iv) The
owner or operator shall retain records for a period of five years after the
completion of the construction activity.
(c) The notice of the general stormwater
permit coverage card or individual stormwater permit shall be posted at any of
the following locations:
(i) Construction site
entrance and visible from the nearest public roadway;
(ii) Visible from nearest public roadway, if
no construction site entrance exists;
(iii) Field office,
if
applicable; or
(iv) For linear utility and noncontiguous
projects, at the office responsible for project administration.
(5) Sediment control
(a) Stabilization and nonstructural
practices. A description of control practices designed to preserve existing
vegetation where attainable and revegetation of disturbed areas as soon as
practicable after grading or construction shall be provided. Such practices may
include: temporary seeding, permanent seeding, mulching, matting, sod
stabilization, vegetative buffer strips, phasing and protection of trees. The
owner or operator shall initiate appropriate vegetative practices on all
disturbed areas within seven days if they are to remain dormant for more than
forty-five days. For areas within fifty feet of any stream, first order or
larger, soil stabilization practices shall be initiated within two days on all
inactive, disturbed areas. Permanent or temporary soil stabilization shall be
applied to disturbed areas within seven days after final grade is reached on
any portion of the site. When seasonal conditions prohibit the application of
temporary or permanent seeding, non-vegetative soil stabilization practices
such as mulching and matting shall be used.
(b) Structural practices. A description of
structural practices that shall store runoff allowing sediments to settle
and/or divert flows from exposed soils or otherwise limit runoff from eroding
exposed areas of the site shall be provided. Structural practices shall be used
to control erosion and trap sediment from all sites remaining disturbed for
more than fourteen days. Such practices may include, but are not limited to,
sediment traps, sediment basins, silt fences, earth diversion dikes, check dams
and storm drain inlet protection.
Timing. Sediment control structures shall be functional
throughout earth disturbing activity. Sediment ponds and perimeter sediment
barriers shall be implemented as the first step of grading and within seven
days from the start of grubbing. They shall continue to function until the
upslope development area is restabilized.
(c) Settling ponds. Concentrated stormwater
runoff from disturbed areas flowing at rates which exceed the design capacity
of sediment barriers shall pass through a sediment settling pond. The
facility's storage capacity shall be a minimum of sixty-seven cubic yards per
acre of drainage area.
(d) Sediment
barriers. Sheet flow runoff from denuded areas shall be intercepted by sediment
barriers. Sediment barriers, such as silt fences or diversions directing runoff
to settling facilities, shall protect adjacent properties and water resources
from sediment transported by sheet flow.
(e) Stream protection. Structural practices
shall be designed and implemented on site to protect all adjacent streams,
first order and larger, from the impacts of sediment runoff.
Other erosion and sediment control practices shall prevent
sediment laden water from entering storm drain systems, unless the storm drain
system drains to a settling pond. These practices shall divert runoff from
disturbed areas and steep slopes where practicable and stabilize channels and
outfalls from erosive flows.
(6) Post construction stormwater pollution
prevention. A description of measures that will be installed during the
construction process to control pollutants in stormwater discharges that will
occur after construction operations have been completed shall be provided. Such
practices may include among others: infiltration of runoff, flow reduction by
use of open vegetated swales and natural depressions and stormwater retention
and detention ponds.
These measures
must
be compatible with paragraph (F) of rule
901:10-2-04 of the
Administrative Code.
(a) Where such controls are needed to prevent
or minimize erosion, velocity dissipation devices shall be placed at the
outfall of all detention or retention structures and along the length of any
outfall channel as necessary to provide a non-erosive flow velocity from the
structure to a watercourse. Justification shall be provided by the owner or
operator for rejecting each practice based on site conditions.
(7) Surface water protection. If
the project site contains any streams, rivers, lakes, wetlands or other surface
waters, certain construction activities at the site may be regulated under the
act. Sections 404 and 401 of the act regulate the discharge of dredged or fill
material into surface waters and the impacts of such activities on water
quality, respectively. Construction activities in surface waters which may be
subject to regulation include, but are not limited to: sewer line crossings,
grading, backfilling or culverting streams, filling wetlands, road and utility
line construction, bridge installation and installation of flow control
structures.
(8) Other controls.
(a) Waste disposal. No solid,
other than
sediment, or
liquid waste, including building materials, shall be discharged in stormwater
runoff.
(b) Off-site vehicle
tracking of sediments shall be minimized.
(c) The plan shall ensure and demonstrate
compliance with applicable state or local waste disposal, sanitary sewer or
septic system regulations.
(9) Maintenance
(a) All temporary and permanent control
practices shall be maintained and repaired as needed to assure continued
performance of their intended function.
(b) The pollution prevention plan shall be
designed to minimize maintenance requirements. The owner or operator shall
provide a description of maintenance procedures needed to assure the continued
performance of control practices.
(10) Inspections
(a) Procedures in a plan shall provide that
all erosion and sediment controls on the site are inspected at least once every
seven calendar days and within twenty-four hours after any precipitation event
greater than one-half inch of precipitation in a twenty-four hour period. In
addition, qualified inspection personnel provided by the owner or operator
shall conduct a weekly inspection of the construction site to identify areas
contributing to stormwater discharges associated with construction activity and
evaluate whether measures associated with erosion and control of pollutant
loadings identified in a stormwater pollution prevention plan are adequate and
properly implemented. Disturbed areas and areas used for storage of materials
that are exposed to precipitation shall be inspected for evidence of, or the
potential for, pollutants entering the drainage system. Erosion and sediment
control measures identified in the plan shall be observed to ensure that they
are operating correctly. Discharge locations shall be inspected to determine
whether erosion and sediment control measures are effective in preventing
significant impacts to the receiving waters. Locations where vehicles enter or
exit the site shall be inspected for evidence of off-site vehicle
tracking.
(11) Notice of
termination.
(a) Once the construction
activity is completed, the permittee shall submit notice to the department of
agriculture within thirty days after final site stabilization has been
achieved. Final site stabilization is considered achieved once all temporary
erosion and sediment control practices are removed and disposed of and all
trapped sediment has been permanently stabilized to prevent further
erosion.
(b) The stormwater
pollution prevention plan shall contain the following:
(i) Erosion and sediment control
practices;
(ii) Permanent
stormwater management practices to be used to control pollutants in stormwater
after construction operations have been completed.
These measures
must
be compatible with paragraph (F) of rule
901:10-2-04 of the
Administrative Code.
(c) The owner or operator shall amend the
plan whenever there is a change in design, construction, operation or
maintenance, which has a significant effect on the potential for the discharge
of pollutants to waters of the state and shall record such changes in the
operating record required by rule
901:10-2-16 of the
Administrative Code. If the stormwater pollution prevention plan proves to be
ineffective in achieving the general objectives of controlling pollutants in
stormwater discharges associated with construction activity, the owner or
operator may change the plan, provided such charges are recorded in the
operating record.
(d) The owner or
operator shall inform all contractors and subcontractors who will be involved
in the implementation of the stormwater pollution prevention plan of the terms
and conditions of the permit that authorizes the
discharges.
(E)
Requirements for general and individual stormwater permits.
(1) A stormwater pollution prevention plan
shall be developed for the production area of each facility required to have a
stormwater permit.
(a) The stormwater
pollution plan shall comply with and be submitted as part of paragraph (F) of
rule 901:10-2-04 of the
Administrative Code and the application for a permit to install. The stormwater
pollution plan shall contain spill prevention and good housekeeping techniques,
along with plans to divert clean water. Spill prevention and good housekeeping
techniques, along with diversion of clean water, shall be used to ensure that
uncontained storm water from the production area is not contaminated by manure
and to ensure that storm water discharges from the following areas maintain
Ohio water quality standards in the receiving waters of the state: immediate
access roads and rail lines used or traveled by carriers of raw materials,
products, waste material, or by-products used or created by the CAFO; refuse
sites; sites used for the storage and maintenance of material handling
equipment; and shipping and receiving areas. Storm water that is contaminated
by manure or raw materials,
such as silage, is process
wastewater, which is included in the definition of manure and may only be
discharged in accordance with a NPDES permit.
(b) The stormwater pollution plan shall be
included with the conditions of a NPDES permit which shall require compliance
with the stormwater pollution plan as expeditiously as practicable, but in no
event later than three years after the date of issuance of the
permit.
(2) Fees. A
one-time fee must be submitted with the application in accordance with rule
901:10-1-04 of the
Administrative Code. The owner or operator will indicate on the application
whether the stormwater permit is to be a general or individual
permit.
(3) Transfer. A stormwater
permit is transferable as part of a NPDES permit. The owner or operator shall
notify the department of agriculture in writing sixty days prior to any
proposed transfer. The transferee must inform the department of agriculture in
writing that he or she will assume the responsibilities of the original
transferor.
(4) Inspections and
record keeping. The facility shall implement the best management practices,
including inspections, in rule
901:10-2-08 of the
Administrative Code and shall maintain records specified in rule
901:10-2-16 of the
Administrative Code.