Ohio Admin. Code 3745-40-12 - Compliance and enforcement; and spill notification requirements

Current through all regulations passed and filed through September 3, 2021

[Comment: Definitions relevant to this chapter can be found in rule 3745-40-01 of the Administrative Code.]

(A) In accordance with Chapter 3745-40 of the Administrative Code, the director or an authorized representative may take any of the following actions:
(1) May pursue Pursue enforcement action against any person who is in non-compliance with this chapter; .
(2) May deny Deny any NPDES permit or biosolids management plan application not in compliance with this chapter and require the submittal of a new NPDES permit or biosolids management plan application, including all applicable fees to the Ohio environmental protection agency within thirty days; .
(3) May specify Specify in an NPDES permit or biosolids management plan, any terms and conditions, including schedules of compliance, necessary to achieve compliance with this chapter; .
(4) May specify Specify in NPDES permits or biosolids management plan, any terms and conditions that are more stringent than the requirements in this chapter when the director has determined that such are necessary to protect public health or the environment; .
(5) May revoke Revoke any NPDES permit or biosolids management plan approved in accordance with this chapter; .
(6) Require any person treating, storing, transferring or disposing of sewage sludge or biosolids that have resulted in a nuisance odor to take measures to eliminate the nuisance odor.
(7) Modify a site authorization to include additional requirements.
(6) (8) May require Require any person who beneficially uses biosolids that have resulted in a nuisance odor to cease beneficial use. and may de-authorize any beneficial use site for repeated nuisance odors or violations of this chapter, as determined by the director or an authorized representative. If the director or an authorized representative determines that the beneficial use of biosolids results in nuisance odors:

(a) The permittee shall cease delivery of biosolids to the authorized beneficial use site; and

(b) No additional biosolids shall be delivered to the site until the creation of such nuisance odors has been minimized, as determined by the director or an authorized representative;

(7) (9) May modify Modify any NPDES permit or biosolids management plan; .
(8) (10) May deny Deny a beneficial use site authorization request; .
(9) (11) May de-authorize De-authorize any beneficial use site for repeated nuisance odors or violations of this chapter or to protect human health or safety or the environment. ; or
(10) (12) To ensure the protection of human health or the environment, may require sampling and monitoring for additional pollutants beyond the requirements in this chapter.
(B) Spill Discharge notification requirements. The permittee shall notify the Ohio environmental protection agency by calling 1-800-282-9378 as soon as possible, but no later than twenty-four hours following the first discovery by the permittee twenty-four hours following the permittee's receipt of notification from a person that sewage sludge or beneficially used biosolids have entered waters of the state. Within fourteen days after the sewage sludge or biosolids are discharged into waters of the state, the permittee shall submit a report to the director or an authorized representative that includes all of the following:
(1) The reasons reason for the discharge; .
(2) The location of the discharge to surface waters of the state; .
(3) An estimate of the quantity and duration of the discharge to surface waters of the state; .
(4) If applicable, records of the quantity and duration of any precipitation leading to the event; and .
(5) Measures taken to clean up and eliminate the discharge and prevent another occurrence of the discharge.
(C) Spill notification requirements. The permittee shall notify the appropriate Ohio environmental protection agency district office as soon as possible, but no later than twenty-four hours following the first discovery by the permittee that sewage sludge or biosolids have spilled. Within fourteen days after the sewage sludge or biosolids are spilled, the permittee shall submit a report to the director or an authorized representative that includes at least all of the following:
(1) The reason for the spill.
(2) The location of the spill.
(3) An estimate of the quantity and duration of the spill.
(4) If applicable, records of the quantity and duration of any precipitation leading to the event.
(5) Measures taken to clean up and eliminate the spill and prevent another occurrence of the spill.

Notes

Ohio Admin. Code 3745-40-12
Effective: 12/1/2018
Five Year Review (FYR) Dates: 6/14/2018 and 12/01/2023
Promulgated Under: 119.03
Statutory Authority: 6111.042, 6111.03
Rule Amplifies: 6111.03, 6111.042
Prior Effective Dates: 4/8/02, 10/17/03, 10/1/07, 7/1/11

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.