Chapter 3745-38 Ohio NPDES General Permits

As used in this chapter of the Administrative Code:

(A) Except as otherwise provided in this rule, the definitions in section 6111.01 of the Revised Code shall have the same meaning in this rule as in that section.

(B) “Act” means the “Federal Water Pollution Control Act (commonly referred to as the Clean Water Act), section 519, formerly section 518, of Act June 30, 1948, C. 758 Title V, as added October 18, 1972, Pub.L. 92-500, 2, 86 Stat. 896, amended December 27, 1977, Pub.L. 95-217, 2, 91 Stat. 1566 and renumbered February 4, 1987, Pub.L. 100-4, Title V, 506, 101 Stat. 76, 33 U.S.C.A. 1251.

(C) “Alternative general permit” means a type of Ohio NPDES general permit that is specific to a type of discharge or geographic area or both that applies in lieu of an otherwise applicable general permit.

(D) “Applicable water quality standards” means all water quality standards which apply to waters of the state under Chapter 3745-1 of the Administrative Code and under federal regulations.

(E) “Applicable effluent limitations” means all state and federal effluent standards, and limitations to which a discharge is subject under the act including, but not limited to, effluent limitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards.

(F) “Application” means the form used to apply for an Ohio NPDES individual permit.

(G) “Director” means the director of the Ohio environmental protection agency.

(H) “Discharge” means any addition of any pollutant to waters of the state from a point source.

(I) “Notice of intent” or “NOI” means the form used to request general permit coverage.

(J) “Notice of termination” or “NOT” means the form used to request termination of general permit coverage.

(K) “NPDES” means national pollutant discharge elimination system pursuant to section 402 of the act and Chapter 6111. of the Revised Code.

(L) “Ohio EPA” means the Ohio environmental protection agency or its director as the context or other laws or regulations may require.

(M) “Ohio NPDES general permit” means a permit issued by the state of Ohio for a category of point source discharges originating from multiple sites.

(N) “Ohio NPDES individual permit” means a permit issued by the state of Ohio for a discharge from a point source(s) at a facility which is either in compliance with authorized discharge levels or which includes a schedule which will bring the point source into compliance with authorized discharge levels.

(O) “Person” means the state, any municipal corporation, political subdivision of the state, person as defined in section 1.59 of the Revised Code, or interstate body created by compact, or the federal government or any department, agency, or instrumentality thereof.

(P) “Point source” means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

(Q) “Pollutant” means sewage, industrial waste, or other waste as defined by divisions (B) to (D) of section 6111.01 of the Revised Code.

(R) “Pollution” means the discharge of any pollutant or pollutants in any waters of the state.

(S) “Regional administrator” means the administrator of the United States environmental protection agency, region V.

(T) “Waters of the state” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, which are situated wholly or 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.

HISTORY: Eff 9-1-91; 5-19-00; 1-20-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 6111.03(G), 6111.035

Rule amplifies: RC 6111.035

R.C. Section 119.032 rule review dates: 10/22/2004 and 08/24/2009

(A) No person may discharge any pollutant or cause, permit, or allow a discharge of any pollutant from a point source without either applying for and obtaining an Ohio NPDES individual permit in accordance with requirements of Chapter 3745-33 of the Administrative Code, complying with the indirect discharge permit program pursuant to Chapter 3745-36 of the Administrative Code or obtaining authorization to discharge under an Ohio NPDES general permit in accordance with requirements of this chapter.

(B) Each point source shall be regulated by an individual or general Ohio NPDES permit or the indirect discharge permit program as determined by the director.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991

The director may issue a general permit without application in accordance with the following:

(A) Areas. The general permit shall be written to cover a category of discharges by persons conducting similar activities within a geographic area, except those covered by an Ohio NPDES individual permit. The area shall correspond to existing geographic or political boundaries.

(B) Sources. The general permit may be written to regulate within the area described in paragraph (A) of this rule, either:

(1) Storm water point sources,

(2) Water-borne wastes resulting from coal mining and reclamation activities, or

(3) Other categories of point sources shown to have similar discharge characteristics.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991; 5-19-00

The director may require any person who has submitted a notice of intent to obtain coverage under a general permit, or who otherwise has obtained coverage under a general permit, to apply for and obtain an individual NPDES permit or alternative general permit coverage. If the person has general permit coverage and does not apply for an individual or alternative general permit within ninety days of receiving written notification from the director to submit such an application to Ohio EPA, then the existing general permit coverage for that person is terminated. Any interested person may petition the director to take action under this paragraph. Cases where an individual permit or alternative general permit coverage may be required include any of the following:

(A) The discharge currently is, or potentially may be, a significant contributor of pollution,

(B) The discharger is not, or previously has not been, in compliance with the conditions of an NPDES general permit,

(C) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source,

(D) Effluent limitation guidelines are promulgated for point sources covered by the general NPDES permit,

(E) An alternative general permit has been issued for a specific geographic area of the state,

(F) An alternative general permit has been issued for a specific category of dischargers, or

(G) The director has revoked the general permit pursuant to this chapter.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991; 5/19/00

Any person who has obtained coverage under a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit or alternative general permit coverage. The person shall submit an application with reasons supporting the request. If an individual permit is issued or alternative general permit coverage is granted by the director, the applicability of the general permit to the individual permittee is automatically terminated on the effective date of the individual permit or the date alternative general permit coverage is granted.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991; 5/19/00

(A) Each person who submits a notice of intent to comply with the general permit Shall do so in accordance with deadlines specified in the general permit. Notice of intent for coverage under the general permit for storm water associated with construction activity shall not exceed ninety days prior to the initiation of ground disturbing activities. For all other general permits, the notice of intent deadline shall not exceed one hundred eighty days prior to the commencement of discharge.

(B) Notices of intent shall be made only on forms approved by the Ohio EPA and shall be considered, for the purpose of fee collection, as applications for NPDES general permits.

(C) Such notice of intent shall contain:

(1) The general permit number under which authorization to discharge is requested,

(2) Name, address, telephone number, contact person, and title of owner or operator of the point source,

(3) Location of the point source including the latitude and longitude of the approximate center of the facility to the nearest fifteen seconds,

(4) Description of the process generating the discharge, up to four four-digit Standard Industrial Classification codes that best represent the principle products or activities provided by the facility, any existing quantitative data describing the concentration of pollutants in the discharge, and volume to be discharged,

(5) A map showing the location of the discharge,

(6) The name of the receiving water(s) or, if the discharge is to a separate storm sewer, the name of the operator of the storm sewer and the ultimate receiving waters, and

(7) Any other information deemed necessary by the director.

(D) Notices of intent submitted to the director pursuant to this chapter shall be signed as specified in paragraph (D) of rule 3745-33-03 of the Administrative Code.

(E) The director shall notify each person submitting a notice of intent in writing as to whether their discharge is authorized pursuant to the general permit. The director shall maintain a list of each person authorized to discharge under each general permit.

(F) Failure to submit a notice of intent or request an individual permit will result in an unpermitted discharge subject to enforcement.

(G) A source excluded from a general permit solely because it already has an individual permit may request that the individual permit be revoked and that it be covered by the general permit. Upon revocation of the individual permit, the general permit shall apply to the source.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991; 5/19/00

(A) Criteria for issuing and renewing general permits:

(1) If, on the basis of all information available to the Ohio EPA, the director determines that:

(a) The discharges authorized by the permit will have only minimal adverse effects on the environment;

(b) The discharges authorized by the permit are more appropriately authorized by a general permit than an individual permit;

(c) Adequate monitoring to obtain required pollutant discharge information is provided; and

(d) The authorized discharge levels meet the criteria specified in paragraph (A)(1) of rule 3745-33-05 of the Administrative Code,

The director may issue a general permit or renewal of the general permit for the discharge.

(2) The director shall not issue a general permit or renewal if the regional administrator objects in writing to the issuance or renewal of the general permit in accordance with section 402 of the act.

(B) Permit duration. An NPDES general permit shall be effective for a fixed term not to exceed five years.

(C) Fact sheets. The director shall prepare for each NPDES general permit a fact sheet that sets forth the principal facts and significant factual, legal, methodological, and policy questions considered in preparing the general permit.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991; 5/19/00

(A) The director may modify general permits. When a permit is modified, only the conditions subject to modification are reopened.

(B) Causes for modification. The following are causes for modification.

(1) Information. The director has received new information. Permits may be modified during their terms for this cause only if the information was not available at the time of permit issuance and would have justified the application of different permit conditions at the time of issuance.

(2) New regulations. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or judicial decisions after the permit was issued.

(3) To correct technical mistakes, such as errors in calculation or mistaken interpretations of law made in determining permit conditions.

(C) Minor modifications.

(1) The director may modify a permit to make the corrections or allowances for changes in the permitted activity without following the rules of procedure under Chapter 3745-47 Administrative Code.

(2) Minor modifications may only:

(a) Correct typographical errors;

(b) Require more frequent monitoring or reporting by the permittee.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991

(A) Ohio NPDES general permit coverage is transferrable. The Ohio EPA must be notified in writing at least sixty days prior to any proposed transfer of coverage under an Ohio NPDES general permit. The transferor and transferee must jointly inform the Ohio EPA of the transition of responsibilities regarding general permit coverage.

(B) At any time during the sixty day period between notification of the proposed transfer and the effective date of the transfer, the director may prevent the transfer if he concludes that such transfer will jeopardize compliance with the terms and conditions of the permit or that the facility is more appropriately covered by an Ohio NPDES individual permit. The director will notify both the original permittee transferor and the transferee in writing of his decision.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991; 5/19/00

Ohio NPDES general permit processing shall be conducted in accordance with provisions in the “Rules of Procedure,” Chapter 3745-47 of the Administrative Code except as provided in paragraph (C) of rule 3745-38-08 of the Administrative Code or superseded by division (B) of section 6111.035 of the Revised Code.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991; 5/19/00

(A) The director may revoke a general permit during its term for cause, including but not limited to his determination that any applicable laws, rules or regulations have been violated.

(B) If the director finds it necessary to revoke a general permit pursuant to paragraph (a) of this rule, the director shall send notice of the proposed revocation to each permittee covered by the general permit to be revoked.

(C) Upon receipt of written notification from the director regarding the issuance of a proposed revocation of a general permit, each person that was authorized by that general permit shall submit an application for an individual permit or a notice of intent for an alternative general permit not later than ninety days after receipt of such written notification.

(D) Failure to submit an application for an individual permit or a notice of intent for an alternative general permit within ninety days after receipt of the written notification of the proposed revocation of the general permit may result in an unpermitted discharge subject to enforcement.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 09/01/1991; 5/19/00

When a person determines in accordance with requirements contained within the general permit under which that person is covered that said coverage is no longer required, that person shall submit a notice of termination (NOT) in accordance with the applicable provisions of the general permit.

R.C. 119.032 review dates: 08/24/2004 and 08/24/2009

Promulgated Under: 119.03

Statutory Authority: 6111.03(G), 6111.035

Rule Amplifies: 6111.035

Prior Effective Dates: 5/19/00