3745-11-02 Standard and special connection bans.

(A) Permits required by section 6111.04 of the Revised Code may contain conditions imposing connection bans, and orders of the director issued pursuant to paragraph (H) of section 6111.03 of the Revised Code may impose connection bans.

(B) The director shall specify in the order or permit condition imposing the connection ban the geographical area to which the ban applies.

(C) A connection ban shall be imposed upon both:

(1) The person or persons responsible for the construction and operation of the treatment works and sewerage system in the geographical area specified; and

(2) The person or persons responsible for the issuance of permits to construct or install new connections or treatment works.

(D) Both a standard ban and a special ban may be in effect simultaneously in the same geographical area.

(E) A standard connection ban prohibits the person upon which it is imposed from causing or allowing the extension of or additional connections to the sewerage system. The director may impose a standard connection ban whenever additional connections to or extensions of a sewerage system would result in:

(1) An increase in the quantity of pollutants in the discharges from a treatment works or sewerage system, to any waters of the state; and

(2) The delivery of wastewater in excess of the capacity of the treatment works or sewerage system beyond its original design capabilities to treat the wastestream; or

(3) Violations, or the contribution to a pattern of ongoing violations, of the limits or terms and conditions of a national pollutant discharge elimination system permit, an order issued by the director or a court of law, or any other applicable control document; or

(4) The exceedence of water quality standards adopted pursuant to section 6111.041 of the Revised Code. For the purposes of this rule, the installation of a new sewer line routed directly to the treatment works shall be considered an extension of the sewerage system.

(F) A special connection ban prohibits the person upon which it is imposed from causing or allowing construction or installation of household sewage treatment systems, or small flow on-site sewage treatment systems, or both, as appropriate. The director may only impose a special connection ban when it can be shown that pollutants from new household sewage treatment systems or small flow on-site sewage treatment systems, or both, in the geographical area to which the ban is applicable will be discharged into waters of the state.

(G) Applications for treatment works or sewerage systems, or both as defined by section 6111.01 of the Revised Code, and connections of new nonresidential sources of wastewater to existing treatment works or sewerage systems, or both will not be approved under section 6111.44 , 6111.45 , or 6111.46 of the Revised Code or Chapter 3745-42 of the Administrative Code, in the geographical area specified while a standard or special connection ban is proposed or in effect. This paragraph shall not apply to such facilities as are necessary to comply with orders or permit conditions issued by the director or a court of law.

(H) Nothing in this rule shall prohibit connection to a sewerage system or construction and operation of a treatment works if:

(1) The foundation of the facility proposed to be connected to the sewerage system or treatment works had been laid prior to issuance of the order imposing the connection ban, or prior to issuance of the permit, a condition of which imposes the connection ban; and

(2) Such connection or treatment works or the plans therefor have received the necessary permits and approvals from the director and the local board of health or other licensing authority.

(I) The director shall specify in the order or permit condition imposing the ban one of the following as the event upon which the director will modify the permit to remove the condition imposing the ban, or revoke the order imposing the ban:

(1) Letting of construction contracts; or

(2) Approval of detail plans; or

(3) Approval of construction grant funding by the United States environmental protection agency, or approval of state revolving loan funding by the director; or

(4) Such other date or act upon which the director is reasonably assured that additional connection to or extensions of a sewerage system will not increase the polluting properties of an effluent when discharged to the waters of the state or further threaten public health and welfare or the environment.

(J) Failure to comply with a ban will subject violators to prosecution by the Ohio attorney general pursuant to section 6111.07 of the Revised Code.

Effective: 04/21/2014
R.C. 119.032 review dates: 01/07/2014 and 04/21/2019
Promulgated Under: 119.03
Statutory Authority: 6111.03 , 6111.04 , 6111.44 , 6111.45 , 6111.46
Rule Amplifies: 6111.03 , 6111.04 , 6111.44 , 6111.45 , 6111.46
Prior Effective Dates: 3/29/1974, 6/28/2000, 6/01/2008