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Title 61 | Water Supply-Sanitation-Ditches
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Section 6109.22 | Rules for administrative assessment and collection of monetary penalties.

... (A) There is hereby created the drinking water assistance fund to provide financial and technical assistance for the purposes of protecting public health and achieving and maintaining compliance with the Safe Drinking Water Act and this chapter. In addition to the accounts created under divisions (G) and (H) of this section, the drinking water assistance fund may include any other accounts established by the directo...

Section 6109.23 | Administrative assessment and collection of monetary penalties for failure to comply with safe drinking water rules.

...To the extent required by the Safe Drinking Water Act, the director of environmental protection may adopt, amend, and rescind rules pursuant to section 6109.04 of the Revised Code providing for the administrative assessment and collection of monetary penalties for failure to comply with this chapter or rules adopted under it. For public water systems serving populations of more than ten thousand, a monetary penalty a...

Section 6109.24 | Rule governing demonstration of technical, managerial, and financial capability of water systems; implementation of asset management programs.

... (A) The director of environmental protection shall adopt, and may amend and rescind, rules pursuant to section 6109.04 of the Revised Code establishing requirements governing the demonstration of technical, managerial, and financial capability for the purposes of this section. (B)(1) A public water system shall demonstrate the technical, managerial, and financial capability of the system to comply with this chapte...

Section 6109.25 | Appointment of receiver; petition.

... (A)(1) Upon petition by the director of environmental protection, a court of common pleas may appoint a receiver to take possession of and operate a public water system that serves fewer than five hundred service connections only when conditions existing at the public water system present a threat to public health or welfare. However, division (A)(1) of this section does not apply to a system owned and operated b...

Section 6109.30 | Drinking water protection fund.

...(A) There is hereby created in the state treasury the drinking water protection fund, which shall be administered by the director of environmental protection. The fund shall consist of moneys distributed to it and shall be used for all of the following purposes: (1) Administration of this chapter and rules adopted under it; (2) Administration in this state of the Safe Drinking Water Act; (3) Provision of technical...

Section 6109.31 | Violations - noncompliance.

...(A) No person shall violate this chapter, a rule adopted under it, or any order or term or condition of a license, license renewal, variance, or exemption granted by the director of environmental protection under it. Each day of noncompliance is a separate violation. (B) No person shall make a false material statement or representation in an application, license, record, report, or other document that is requ...

Section 6109.32 | Investigations - enforcement by attorney general.

...The director of environmental protection may on the director's own initiative investigate or make inquiries into any suspected violation of section 6109.31 of the Revised Code. The attorney general, upon written request by the director, shall bring an action for injunction or other appropriate civil action or criminal prosecution against any person violating or threatening to violate that section. In an actio...

Section 6109.33 | Civil penalty.

...Any person who violates section 6109.31 of the Revised Code shall pay a civil penalty of not more than twenty-five thousand dollars for each violation, to be paid into the state treasury to the credit of the drinking water protection fund created in section 6109.30 of the Revised Code. The attorney general, upon written request by the director of environmental protection, shall bring an action for such a penalty agai...

Section 6109.34 | Right of entry.

...The director of environmental protection or his duly authorized representative may enter at reasonable times upon any private or public property to inspect and investigate conditions relating to the construction, maintenance, and operation of a public water system, and may take samples for analysis. If entry or inspection authorized by this section is refused, hindered, or thwarted, the director or his authorized rep...

Section 6109.35 | Nonliability of water suppliers.

...(A) As used in this section: (1) "Water supplier" means an entity that is subject to this chapter and rules adopted under it and that supplies drinking water through pipes, through tubing, or in a similar manner to consumers within this state. (2) "Acquiring water supplier" means a water supplier that satisfies both of the following: (a) The water supplier acquires ownership of an existing water supplier. (b) The...

Section 6109.99 | Criminal penalties.

... (A) Except as provided in division (C) of this section, whoever recklessly violates section 6109.31 of the Revised Code is guilty of a misdemeanor and, notwithstanding section 2929.28 of the Revised Code, shall be fined not more than ten thousand dollars or imprisoned for not more than four years, or both. Each day of violation constitutes a separate offense. (B) Whoever knowingly violates division (B), (C), ...

Section 6111.01 | Water pollution control definitions.

... As used in this chapter: (A) "Pollution" means the placing of any sewage, sludge, sludge materials, industrial waste, or other wastes in any waters of the state. (B) "Sewage" means any liquid waste containing sludge, sludge materials, or animal or vegetable matter in suspension or solution, and may include household wastes as commonly discharged from residences and from commercial, institutional, or similar faci...

Section 6111.011 | Environmental enforcement authority over ephemeral features.

... (A) The exclusion of certain ephemeral features from the definition of waters of the state under section 6111.01 of the Revised Code does not affect the director of environmental protection's authority to do all of the following: (1) Administer and enforce Chapter 3734. of the Revised Code with regard to any discharge, deposit, dumping, or placement of wastes regulated under that chapter in an ephemeral feature; ...

Section 6111.02 | Isolated wetland permit definitions.

...As used in this section and sections 6111.021 to 6111.028 of the Revised Code: (A) "Category 1 wetland," "category 2 wetland," or "category 3 wetland" means a category 1 wetland, category 2 wetland, or category 3 wetland, respectively, as described in rule 3745-1-54 of the Administrative Code, as that rule existed on July 17, 2001, and as determined to be a category 1, category 2, or category 3 wetland, respectively...

Section 6111.021 | General and individual isolated wetland permits.

...(A)(1) The director of environmental protection shall issue a general state isolated wetland permit or permits to cover activities within this state for purposes of section 6111.022 of the Revised Code. A general permit is effective for five years. Upon the expiration of a general permit, the director shall issue a new general permit. (2) The director may issue an individual state isolated wetland permit for purpose...

Section 6111.022 | Proposed filling of wetland subject to level one review.

...(A) A proposed filling of a category 1 or a category 2 isolated wetland of one-half acre or less shall require a general state isolated wetland permit and be subject to level one review requirements established under division (B) of this section. (B) Level one review shall apply only to the filling of a category 1 or a category 2 isolated wetland as described in division (A) of this section requiring a genera...

Section 6111.023 | Proposed filling of wetland subject to level two review.

...(A) A proposed filling of a category 1 isolated wetland of greater than one-half acre or the proposed filling of a category 2 isolated wetland of greater than one-half acre, but less than or equal to three acres shall require an individual state isolated wetland permit and be subject to level two review requirements established under division (B) of this section. (B) Level two review shall apply to the fillin...

Section 6111.024 | Proposed filling of wetland subject to level three review.

...(A) A proposed filling of a category 2 isolated wetland of greater than three acres or a category 3 isolated wetland shall require an individual state isolated wetland permit and be subject to level three review requirements established under division (B) of this section. (B) Level three review shall apply to the filling of a category 2 or a category 3 isolated wetland described in division (A) of this sectio...

Section 6111.025 | Wetland mitigation banks.

...(A) The department of natural resources, the division of wildlife in that department, or any other division in that department that is designated by the director of natural resources may establish and operate a wetland mitigation bank for purposes of sections 6111.02 to 6111.027 of the Revised Code. A mitigation bank so established may be used by any individual or entity, including any agency or department of t...

Section 6111.026 | Application for a general and individual state isolated wetland permit - notice and hearing.

...(A)(1) The director of environmental protection shall prescribe the form of the application for a general state isolated wetland permit and for an individual state isolated wetland permit. (2) The director shall provide an explanation to an applicant for an individual state isolated wetland permit of the basis for the proposed denial of the application. (B) Within fifteen business days after the receipt of an appli...

Section 6111.027 | Mitigation for impacts to isolated wetlands.

...(A) Mitigation for impacts to isolated wetlands under sections 6111.02 to 6111.027 shall be conducted in accordance with the following ratios: (1) For category 1 and category 2 isolated wetlands, other than forested category 2 isolated wetlands, mitigation located at an approved wetland mitigation bank shall be conducted, or mitigation shall be paid for under an in-lieu fee mitigation program, at a rate of two time...

Section 6111.028 | Discharge of dredged material into isolated wetlands.

...(A) The discharge of dredged material into isolated wetlands is subject to sections 6111.021 to 6111.027 of the Revised Code. (B) As used in this section: (1) "Discharge of dredged material" has the same meaning as in 33 CFR 323.2 as effective February 16, 2001. (2) "Dredged material" means material that is excavated or dredged from isolated wetlands. "Dredged material" does not include material resulting from nor...

Section 6111.03 | Water pollution control powers of director of environmental protection.

...The director of environmental protection may do any of the following: (A) Develop plans and programs for the prevention, control, and abatement of new or existing pollution of the waters of the state; (B) Advise, consult, and cooperate with other agencies of the state, the federal government, other states, and interstate agencies and with affected groups, political subdivisions, and industries in furtherance of t...

Section 6111.031 | Modification of terms and conditions of permit.

... (A) The director of environmental protection, where consistent with the "Federal Water Pollution Control Act," may modify the terms and conditions of a permit or issue a permit upon conditions at variance from a national effluent limitation set under section 301 of the "Federal Water Pollution Control Act" upon application filed therefor after July 1, 1977, and a showing satisfactory to the director that such modifi...

Section 6111.032 | Primary authority to reside in legislative authority or governing board.

...(A) The legislative authority of a municipal corporation or the governing board of a county or special district owning or operating a publicly owned treatment works or sewerage system, subject to compliance with the exercise of lawful authority granted to or rules adopted by the director of environmental protection pursuant to section 6111.03 of the Revised Code, shall exercise primary authority to adopt, amend, resc...