Chapter 3745-91 Plans Approval

3745-91-01 Definitions.

Except for definitions contained in this rule, the definitions in rule 3745-81-01 of the Administrative Code shall apply to this chapter. As used in this chapter of the Administrative Code:

(A) "Applicant" means the person who signs the submittal letter specified by rule 3745-91-07 of the Administrative Code.

(B) "Like-kind replacement" means replacement of equipment or components that meet the design criteria specified in the plans approved by the director.

(C) "Substantial change" means any change that affects isolation, capacity, flows, water quality, source, distribution or treatment.

(1) Substantial change shall include but not be limited to the following:

(a) For distribution systems: new waterlines; replacement waterlines that change in size, alignment or material; new tanks; modification in storage; new booster stations; changes in pump capacity and auxiliary power;

(b) For water sources: any new source or alteration in source, including connection to another source or distribution system; any alteration in collection facilities or equipment; or

(c) For treatment facilities: new treatment processes, including facilities, equipment or chemicals; changes in chemical feed capacity, feeder type, application points or sequence; modifications to or removal of treatment processes, equipment or chemicals.

(2) Substantial change shall not include the following:

(a) For distribution systems: waterline cleaning, re-lining, repairs, or like-kind replacement; service connections; and tank maintenance;

(b) For water sources: like-kind pump replacement; and

(c) For treatment facilities: like-kind replacement of components.

Five Year Review (FYR) Dates: 10/26/2015 and 10/26/2020
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.01, 6109.03, 6109.04, 6109.07
Prior Effective Dates: 11/26/80, 01/01/02

3745-91-02 Application for approval of plans.

(A) No person shall begin construction or installation of a public water system, or make a substantial change in a public water system, until plans therefor have been approved by the director of environmental protection, unless exempted pursuant to paragraphs (D) to (F) of this rule. An application for approval of plans for such construction, installation or substantial change in a public water system, as required by section 6109.07 of the Revised Code, shall be submitted to the district office and shall consist of all of the following:

(1) Three copies of plan drawings as specified by rule 3745-91-03 of the Administrative Code (two copies if the facility is or will be owned by a public entity) .

(2) One copy of specifications as specified by rule 3745-91-04 of the Administrative Code .

(3) One copy of a data sheet as specified by rule 3745-91-05 of the Administrative Code .

(4) One copy of supporting information as specified by rule 3745-91-06 of the Administrative Code .

(5) A submittal letter as specified by rule 3745-91-07 of the Administrative Code.

(B) A person applying for plan approval for a public water system under section 6109.07 of the Revised Code shall pay a fee pursuant to section 3745.11 of the Revised Code. The fee shall be paid at the time the application is submitted, by tendering a check payable to the treasurer of the state of Ohio.

(C) General plans containing preliminary information concerning proposed source, treatment and distribution may be submitted for approval or for comment. The director may require submittal of general plans for conditional approval prior to submittal of an application under this rule for projects with a high degree of complexity, non-standard technology, unusual features, phased implementation, compliance schedules or deviations from standards and guidelines used by the agency.

(1) General plans submitted for conditional approval shall be submitted in three copies.

(2) General plans concerning proposed wells shall include the following:

(a) Proposed drilling method.

(b) Anticipated well casing diameter.

(c) Anticipated well casing depth.

(d) Anticipated total well depth.

(e) Screen, if applicable.

(f) Anticipated pump design rate.

(g) Anticipated pumping test rate and duration.

(h) Proposed grout type.

(i) Driller name.

(j) Registration number.

(D) Public water systems are exempted from obtaining prior plan approval for replacement waterlines provided the following conditions are met:

(1) The increase in main size for pipe less than four inches in diameter is not greater than two inches in diameter and the increase in main size for pipe four inches in diameter or greater is not greater than four inches in diameter .

(2) The replacement of the waterline complies with the requirements of sections 8.0 through 8.12 of "The Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers' Recommended Standards for Water Works" (2012), except if the sanitary isolation requirements of section 8.8 cannot be met, the replacement results in a greater sanitary isolation radius than was previously in place .

(3) The public water system has appropriately investigated to ensure pipe replacement does not take place in an area of known water or soil contamination .

(4) The public water system submits an annual project summary to the district office on or before January fifteenth that includes each exempted replacement waterline project completed that year.

(a) Each project summary shall identify the following items:

(i) On an updated distribution map, the locations of the exempted replacement waterlines .

(ii) Type and size of pipe replaced .

(iii) Type and size of pipe installed .

(iv) Length of pipe installed .

(v) Any unusual conditions encountered during waterline replacement.

(b) The project summary must be signed by a professional engineer licensed by the state of Ohio who certifies that the exempted waterline project or projects described in the project summary met paragraph (D) of this rule.

(E) Hauled water systems are exempt from obtaining prior plan approval if all the conditions specified in rule 3745-81-02 of the Administrative Code are met and an acceptable hauled water system application is submitted containing the following information:

(1) Location, material and size of tank.

(2) Proposed treatment and abandonment of any existing equipment.

(3) Information on abandonment of the existing water source; if abandonment is not planned, how the plumbing will be separated and labeled to prevent cross-connections.

(4) Source of hauled water.

(5) Schedule for installation and completion of the replacement system.

(F) Ground water noncommunity public water systems serving less than two hundred and fifty persons are exempt from obtaining prior plan approval for the installation of ion exchange softeners and cartridge filters if the following conditions are met:

(1) The components comply with rule 3745-83-01 of the Administrative Code.

(2) The public water system submits the following information:

(a) For ion exchange softeners, the number and size of units, the system well capacities, the loading rate, the blending information and the method of brine disposal.

(b) For cartridge filters, the number of units, the system well capacities, the manufacturer and model number, whether the units are cleanable or disposable, and the manufacturer's capacity recommendation.

(3) The system does not have a raw water nitrate result greater than five milligrams per liter or an inorganic result of greater than eighty per cent of the maximum contaminant level for applicable contaminants as defined in Chapter 3745-81 of the Administrative Code.

(G) Prior plan approval is required if the conditions for any of the exemptions in paragraphs (D) to (F) of this rule are not met. Failure to obtain plan approval or meet the conditions of any of the exemptions is a violation of this rule.

(H) Public water systems shall remove equipment that is not required to meet safe drinking water regulations when it is no longer intended for use on a temporary, seasonal or permanent basis, no longer in working order or poses a potential threat to water quality. Plan approval prior to the removal of this equipment is required unless written agreement from the director to the public water system indicates plan approval is not required.

[ Comment: "Recommended Standards for Water Works" 2012 edition. Copies are available from "Ohio EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH 43215," (614) 644-2752 or online at http://10statesstandards.com or www.epa.ohio.gov/ddagw.]

Effective: 6/13/2016
Five Year Review (FYR) Dates: 03/28/2016 and 06/13/2021
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.04, 6109.07
Prior Effective Dates: 11/26/80, 12/01/93, 12/01/99, 01/01/02, 12/31/06, 05/20/10, 04/19/12

3745-91-03 Requirements for plan drawings.

(A) Plan drawings shall conform to the following:

(1) Be legible prints suitable for reproduction by photocopy or other means.

(2) Show the names of the owner and of the person responsible for design of the project, including their signature indicating approval of the project.

(3) Be issued in a manner consistent with section 4733.14 of the Revised Code by a registered professional engineer when required by paragraph (B) or (C) of this rule.

(4) Contain a suitable title for the project.

(5) Include a site map showing the location of the project with reference to highways, streets, corporate boundaries and local physical landmarks.

(6) Be drawn to scale and if not drawn to scale, must be dimensioned.

(7) Indicate north.

(8) Include relevant elevations.

(9) Show existing water supply facilities that are relevant to the proposed project, if any, and the relationship of the proposed project to these existing facilities.

(10) Show the locations of sewer lines and other potential sources of contamination in the area of the proposed project in plan and profile views.

(11) Provide dimensions of all structures, facilities and other relevant features.

(12) When the project includes treatment facilities, provide a treatment process schematic and hydraulic flow schematics.

(B) The following types of plans required pursuant to rule 3745-91-02 of the Administrative Code shall be prepared by a registered professional engineer and issued in a manner consistent with section 4733.14 of the Revised Code:

(1) Plans involving the expenditure of public funds in excess of five thousand dollars.

(2) Plans for the removal, inactivation or chemical treatment of a health-based contaminant.

(3) Plans for chemical feed systems that pose a safety risk, such as gaseous chlorine, fluoride or sodium hydroxide.

(4) Plans for change or modification of coagulant feed systems at surface water treatment plants.

(5) Plans for small systems that are not within the scope of the Ohio environmental protection agency's "Guidelines for Design of Small Public Water Systems" 2015.

(6) Plans for community water system line extensions costing more than five thousand dollars.

(7) Plans for elevated back-wash storage tanks.

(8) Plans for booster pumping stations.

(9) Plans for on-ground or in-ground water storage tanks with a capacity greater than fifty thousand gallons located at water treatment plants.

(10) Plans for all distribution storage tanks.

(11) General plans for community water systems and noncommunity water systems that are not within the scope of the Ohio environmental protection agency's "Guidelines for Design of Small Public Water Systems" 2015.

(C) In addition to the specific types of plans in paragraph (B) of this rule, the director may require other plans to be prepared and issued in a manner consistent with section 4733.14 of the Revised Code by a registered professional engineer to protect the public welfare or to safeguard life, health or property.

(D) The director may require a demonstration of knowledge and experience by the designer for projects containing a high degree of complexity, non-standard technology, unusual features or deviations from standards and guidelines used by the agency.

(E) The following types of plans required pursuant to rule 3745-91-02 of the Administrative Code may be prepared by a qualified individual knowledgeable in the field or scope of project other than a registered professional engineer unless the plans involve the expenditure of public funds in excess of five thousand dollars:

(1) Plans for new wells.

(2) Plans for chemical feed systems at ground water treatment plants other than plans for gaseous chlorine, fluoride or sodium hydroxide feed systems.

(3) Plans for small noncommunity systems that are within the scope of the Ohio environmental protection agency's "Guidelines for Design of Small Public Water Systems" 2015.

(4) Plans within the scope of the Ohio environmental protection agency's "Guidelines for Design of Small Public Water Systems" (2015) for water treatment systems for community water systems with a capacity of fifty thousand gallons per day or less.

(5) Plans for emergency generators.

(6) Plans for deactivation of a water treatment plant.

(7) Plans for pre-engineered on-ground or in-ground water storage tanks with a capacity of fifty thousand gallons or less located at water treatment plants.

(8) Non-required treatment systems that will have no discernable effect.

(9) Lead and copper corrosion control studies and recommendations.

[This rule references the "Guidelines for Design of Small Public Water Systems" fourth edition, issued 2015. This document is available from "Ohio EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH 43215," (614) 644-2752. A copy may also be obtained online at www.epa.ohio.gov/ddagw.]

Effective: 6/13/2016
Five Year Review (FYR) Dates: 03/28/2016 and 06/13/2021
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.04, 6109.07
Prior Effective Dates: 11/26/80, 10/17/03, 05/20/10, 02/23/15

3745-91-04 Requirements for specifications.

Specifications shall:

(A) Fully describe in detail all facilities or equipment to be installed under the proposed plans, including but not limited to water intakes, wells, pumps, valves, pipe, treatment devices or processes, filtration media, monitoring or control facilities, laboratory equipment, meters, chemical storage or feed units, safety equipment, and plant construction;

(B) Summarize the number and capacity of the equipment to be installed, including but not limited to the total lineal feet of each size and. Type of distribution pipe, and the number and capacity of each type of chemical feed unit, pump or treatment unit;

(C) Indicate a manufacturer and model number for each piece of equipment to be installed, which may identify either the actual equipment to be used or a standard by which equivalent equipment may be selected;

(D) Be prepared in a legible and organized manner to permit easy reference. Separate specifications are not required if facilities and equipment are adequately specified on the plan drawings.

Five Year Review (FYR) Dates: 10/26/2015 and 10/26/2020
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04
Prior Effective Dates: None

3745-91-05 Requirements for data sheet.

The data sheet shall be on a form provided by the director and shall include information such as the title of the project, project location, identification of the ultimate owner, identification of the designer, estimated construction cost, basis of design, and such other information as may be required. Additional information may be required depending upon the type and complexity of the project under review.

Five Year Review (FYR) Dates: 10/26/2015 and 10/26/2020
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04, 6109.07
Prior Effective Dates: 11/26/80

3745-91-06 Requirements for supporting information.

The supporting information required by this rule may vary depending on the type and complexity of the project and shall, at a minimum, include:

(A) An explanation of the project and its basis of design, and such other information relevant to approval of plans that may not be fully evident from the plan drawings and specifications;

(B) A copy of the results of any required chemical, bacteriological, radiological, or other analyses performed on the raw or finished water;

(C) Information as to the capacity and long-term adequacy of the source of supply; and

(D) If the plans include a new well as a source of water, the following additional materials shall be submitted:

(1) A well site acceptance letter signed by a representative of the district office;

(2) A copy of a deed, easement, or other legal instrument showing that the owner has control of lands sufficient to provide isolation as approved in the well site acceptance letter; and

(3) A copy of the log of the well, and a copy of the results of the pumping tests performed on the well. Test pumping and sampling for chemical and radiological analyses are required unless waived by the director.

(E) A capability assurance plan, if required by Chapter 3745-87 of the Administrative Code.

Five Year Review (FYR) Dates: 10/26/2015 and 10/26/2020
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04, 6109.07
Prior Effective Dates: 11/26/80, 01/01/02

3745-91-07 Requirements for submittal letter.

The submittal letter shall:

(A) Be signed by the responsible public official or, for a privately-owned project, the owner or his authorized representative;

(B) Be addressed to the division of drinking and ground waters at the applicable district office;

(C) Specifically request that the Ohio environmental protection agency review the plans for approval;

(D) Accompany the plan drawings and other documents required by this chapter of the Administrative Code when they are submitted for review;

(E) Include the name, mailing address, and telephone number of the owner or other person with whom contact can be made if further information is required.

Five Year Review (FYR) Dates: 10/26/2015 and 10/26/2020
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04, 6109.07
Prior Effective Dates: 11/26/80

3745-91-08 Procedure for approval; changes.

(A) The following shall be used as a guide in the technical review of plans submitted under this chapter of the Administrative Code:

(1) The Ohio environmental protection agency's "Planning and Design Criteria for Establishing Approved Capacity for (1) Surface Water and Ground Water Supply Sources, (2) Drinking Water Treatment Plants (WTPs), and (3) Source/WTP Systems" (2010). The terms and conditions of this document shall be followed in the event of inconsistencies between this document and the document in paragraph (A)(2) of this rule .

(2) "The Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers' Recommended Standards for Water Works" (2012).

(3) The Ohio environmental protection agency's "Guidelines for Design of Small Public Water Systems" (2015). The requirements of Chapter 3745-9 of the Administrative Code shall be followed in the event of inconsistencies between this document and Chapter 3745-9 of the Administrative Code .

(4) The Ohio environmental protection agency's "Guidelines for Arsenic Removal Treatment for Small Public Drinking Water Systems" (2010) .

(5) Such other publications as may be prepared by the Ohio environmental protection agency for guidance of designers of public water systems.

(B) If an application is incomplete, the applicant shall be so notified. No action will be taken on an application until it is complete. An incomplete application may be returned to the applicant.

(C) If an application is complete, but plans are not approvable, the applicant shall be so notified. Such notice may be accompanied by a statement of alterations or revisions necessary for approval, or the director may, in the alternative, disapprove the plans. A revised application shall be made in the same manner as required by this chapter of the Administrative Code for original application, or as directed in the notice.

(D) Approval of plans submitted under this chapter of the Administrative Code may be conditioned upon requirements that may be necessary or desirable to ensure that the system being constructed, or of which the proposed project is a part, will be able to meet generally accepted standards for the design, equipping and operation of water systems.

(E) Plans that require an escrow under section 6109.08 of the Revised Code shall not be approved until compliance with said section and Chapter 3745-92 of the Administrative Code is achieved. Compliance with said section and chapter are not required until the applicant is notified that the plans will be approved upon compliance with said section and chapter. If compliance does not occur within thirty days following receipt of such notice, the director may return the application as incomplete.

(F) When plans are approved, a copy of the plan drawings shall be so marked and returned to the owner, accompanied by notice of approval. The director may send copies of such materials to such other persons as the director may deem advisable.

(G) No person shall construct or install a public water system, or make any substantial change in a public water system, as defined in rule 3745-91-01 of the Administrative Code, which is not in accordance with plans approved by the director.

Requests for substantial changes from approved plans shall be made in advance of any construction work that will be affected by such changes, and shall allow sufficient time for review and approval by the director. A request for substantial change shall be made in the same manner as required by this chapter of the Administrative Code.

[ Comment: "Planning and Design Criteria for Establishing Approved Capacity for (1) Surface Water and Ground Water Supply Sources, (2) Drinking Water Treatment Plants (WTPs), and (3) Source/WTP Systems," issued 2010. This document is available from "Ohio EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH 43215," (614) 644-2752. A copy may also be obtained online at www.epa.ohio.gov/ddagw.]

[ Comment: "Recommended Standards for Water Works" 2012 edition. Copies are available from http:// "Ohio EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH 43215," (614) 644-2752 or online at http://10statesstandards.com or www.epa.ohio.gov/ddagw.]

[ Comment: "Guidelines for Design of Small Public Water Systems," issued 2015. This document is available from "Ohio EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH 43215," (614) 644-2752. A copy may also be obtained online at www.epa.ohio.gov/ddagw.]

[ Comment: "Guidelines for Arsenic Removal Treatment for Small Public Drinking Water Systems," first edition, issued 2010. This document is available from "Ohio EPA, Lazarus Government Center, 50 West Town Street, Suite 700, Columbus, OH 43215," (614) 644-2752. A copy may also be obtained online at www.epa.ohio.gov/ddagw.]

Effective: 6/13/2016
Five Year Review (FYR) Dates: 03/28/2016 and 06/13/2021
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.04, 6109.07
Prior Effective Dates: 11/26/80, 01/01/02, 07/01/04, 05/20/10

3745-91-09 Iron and manganese treatment.

(A) New community water systems shall provide treatment for removal of:

(1) Iron to meet the secondary maximum contaminant level set forth in rule 3745-82-02 of the Administrative Code when the level of iron in water entering the water plant exceeds the secondary maximum contaminant level; and

(2) Manganese to meet the secondary maximum contaminant level set forth in rule 3745-82-02 of the Administrative Code when the level of manganese in water entering the water plant exceeds the secondary maximum contaminant level.

(B) Existing community water systems, which develop a new source, or change a source shall provide treatment for:

(1) Iron, if the level of iron at the entry point to the distribution system increases and exceeds the secondary maximum contaminant level set forth in rule 3745-82-02 of the Administrative Code.; and

(2) Manganese, if the level of manganese at the entry point to the distribution system increases and exceeds the secondary maximum contaminant level set forth in rule 3745-82-02 of the Administrative Code.

R.C. 119.032 review dates: 03/17/2011 and 03/17/2016
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.03, 6109.04
Prior Effective Dates: 11/26/80

3745-91-10 Drinking water source protection plan.

(A) A community public water system that provides water to a political subdivision of Ohio and serves a minimum of two hundred fifty people shall develop a drinking water source protection plan or update a previously endorsed drinking water source protection plan (i.e., wellhead protection plan) when, after the effective date of this rule, the system receives plan approval for use of a well.

(B) The plan shall be submitted to the Ohio environmental protection agency within two years of the date of the director's final action approving the public water system well.

(C) The plan shall address education and outreach, drinking water shortage and emergency response, potential contaminant source control strategies and the need for an early warning ground water monitoring program. The plan shall contain an implementation schedule for the identified actions and be updated at least every ten years.

(D) A public water system is exempt from the requirements of this rule if it has an updated drinking water source protection plan that was submitted to and endorsed by the agency during the previous five years; and any increased pumping or the location of the well will not change the boundaries of the previously endorsed inner management zone or drinking water source protection area.

R.C. 119.032 review dates: 04/24/2014 and 04/24/2019
Promulgated Under: 119.03
Statutory Authority: 6111.42, 6109.04
Rule Amplifies: 6109.01, 6109.04
Prior Effective Dates: None

3745-91-12 Certification by political subdivisions and investor-owned public utilities.

(A) The director may enter into an agreement with any political subdivision or investor-owned public utility that owns or operates a public water system which proposes to extend the distribution facilities of the system, increase the number of service connections to the system, add distribution pump station, or add storage tank in the distribution system.

(B) Such an agreement under this rule shall authorize a qualified officer or representative of the political subdivision or investor-owned public utility to review plans for the extension of the distribution facilities, the increase in the number of service connections, the addition of distribution system pump station, or the addition of storage tank in the distribution system. At a minimum, said qualified person shall be a professional engineer licensed by the state of Ohio.

(C) Agreements under this rule shall include, but not be limited to, the following public water system requirements:

(1) Submission of a general plan within one year of the effective date of the agreement.

(2) Submission of an annual report summarizing all plans which were self-certified in the previous year. The annual report shall be signed by the professional engineer identified in the agreement, submitted on a form acceptable to the director and shall include at least the following:

(a) Date of the certification.

(b) Project title.

(c) Summary sheet type (i.e., waterline extension, storage tank).

(d) List of each set of plans approved.

(e) Amendments to the plan.

(f) Actual construction costs.

(g) Construction start and end dates.

(h) Date placed in service.

(i) Numbers of actual and potential service connections.

(j) Increase in average and peak daily demand.

(k) Operating pressure range, each year during the term of the agreement.

(3) Compliance with periodic audits by the director.

(D) All plan submissions under this rule shall include the following:

(1) Certification by said qualified person to the director that said plans conform to all requirements of section 6109.07 of the Revised Code and the administrative rules adopted thereunder.

(2) Three copies of the plans.

(3) Appropriate project summary sheets in a format acceptable to the director.

(4) An administrative service fee calculated in accordance with division (N)(2) of section 3745.11 of the Revised Code and paragraph (F) of this rule.

(5) One copy of a data sheet as specified in rule 3745-91-05 of the Administrative Code.

(E) Pursuant to an effective agreement under this rule and compliance with all requirements of this rule, plans submitted shall be approved without further review by the director. An order of approval shall be issued by the director as a final action.

(F) The director annually shall calculate the administrative fee that shall be paid for each plan submitted under this rule and notify the political subdivision or investor-owned public utility of the amount of the fee. The administrative service fee shall not exceed the minimum amount necessary to pay administrative costs directly attributable to processing plan approvals.

Replaces: 3745-91-12

Effective: 10/26/2015
Five Year Review (FYR) Dates: 10/26/2020
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.04, 6109.07
Prior Effective Dates: 12/01/93, 01/01/99