"40 C.F.R." means Title 40 of the Code of Federal Regulations,
effective July 1, 2016.
(A)
(1) "
Act" means the federal Water Pollution
Control
Act (commonly referred to as the "Clean Water
Act"),
33 U.S.C. sections
1251 to
1387
as amended through July 1, 2016.
(2) "
Applicable laws" means any applicable
provisions of Chapter 6111. of the Revised Code and rules promulgated
thereunder, the federal water pollution control
act (33 U.S.C. sections
1251 to
1381,
as amended through July 1, 2015) and 40 C.F.R. Chapter
I, subchapters D, N and
O.
(3) "Applicant" means the person
applying for the permit to install or plan approval.
(4) "Aquifer system" means one or more
geologic units or formations that are wholly or partly saturated with water and
are able to store, transmit and yield significant amounts of water to wells or
springs.
(5) "
ASTM" means the
American society for testing and materials.
ASTM test methods referenced in
this chapter are generally available in public libraries or from "
ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
19428-2959," at 1-877-909-2786, or available in electronic format at
www.astm.org.
(6) "ASTM C117-13" means an American society
of testing and materials (ASTM) standard test method for materials finer than
seventy-five-micrometers (No. 200) sieve in mineral aggregates by washing, as
that standard was approved by ASTM in 2013.
(7) "ASTM C136 / C136M-14" means an American
society of testing and materials (ASTM) standard test method for sieve analysis
of fine and coarse aggregates, as that standard was approved by ASTM in
2014.
(8) "ASTM D4318-10e1" means
an American society of testing and materials (ASTM) standard test methods for
liquid limit, plastic limit, and plasticity index of soils, as that standard
was approved by ASTM in 2010.
(9)
"ASTM D698-12e2" means the American society for testing and materials (ASTM)
standard test methods for laboratory compaction characteristics of soil using
standard effort, as that standard was approved in 2012.
(10) "ASTM D2487-11" means the American
society for testing and materials (ASTM) standard practice for classification
of soils for engineering purposes, as that standard was approved in
2011.
(11) "At-grade system" means
an onsite disposal system, where treated sewage is conveyed to a dispersal
field that is constructed on or above in situ soil and covered by
soil.
(B)
[Reserved.]
(C)
(1) "CBOD5" or "
five-day carbonaceous
biochemical oxygen demand" has the same meaning as defined in 40 C.F.R.
136
(effective July 1, 2008).
(2)
"Class A treated
sewage or liquid
industrial waste" means treated sewage or
liquid
industrial waste treated in accordance with table K-2 of rule
3745-42-13
of the Administrative Code.
(3)
"Class B treated
sewage or liquid
industrial waste" means treated sewage or
liquid
industrial waste treated in accordance with table K-3 of rule
3745-42-13
of the Administrative Code.
(4)
"Class C treated
sewage or liquid
industrial waste" means treated sewage or
liquid
industrial waste treated in accordance with table K-4 of rule
3745-42-13
of the Administrative Code.
(5)
"Coal waste" means residuals and earthen materials, in dry or slurry form that
are removed or otherwise separated from the product coal after physical or
chemical processing, cleaning or concentrating of coal. Coal waste does not
include post-combustion materials that are fly ash, bottom ash, flue gas
desulfurization waste or fluidized bed desulfurization wastes, and also does
not include materials that are regulated as "solid waste," "infectious waste"
or "hazardous waste" as those terms are defined in Chapter 3734. of the Revised
Code.
(6) "Coal waste facility"
means a disposal facility where fine coal waste is dewatered and disposed of in
a slurry impoundment or where fine or coarse coal waste is disposed of in a dry
placement area. Coal waste facility does not include any facility that is used
for the temporary holding or treatment of liquid wastes.
(7) "Coal mining operations" means any coal
mining activity that is defined in division (H) of section
1513.01
of the Revised Code as coming under the jurisdiction of the chief of the
division of mineral resource management under Chapter 1513. of the Revised
Code.
(8) "Complete," in reference
to an application for a permit, means that the application contains all the
information necessary for processing the application. Designating an
application complete for purposes of permit processing does not preclude the
director from requesting or accepting any additional information.
(9) "Controlled discharge" means an NPDES
permitted discharge that can occur when certain stream conditions exist or when
land application can not occur.
(D)
(1)
"Dense glacial till" means tills that impede the movement of treated water away
from the site and cause the formation of perched saturated conditions in the
soil profile, especially with the addition of wastewater.
(3) "Director" means the director of the Ohio
environmental protection agency.
(4) "
Discharging land application system"
means a land application system that includes one of the following:
(a) Regardless of whether a land application
contract allows isolation distance requirements to be waived, does not meet the
isolation distance requirements in this rule.
(b) Proposes to land apply on sites where
drain tiles are, or will be, less than two vertical feet below final
grade.
(c) Proposes to land apply
on frozen or snow covered ground.
(d) Proposes to land apply during
precipitation events.
(e) Proposes
a point source discharge to waters of the state.
(5) "Disposal system" means disposal system,
as defined in section
6111.01
of the Revised Code.
(6) "Drinking
water source protection area for a public water system using ground water"
means the surface and subsurface area surrounding a public water supply well or
wells that will provide water to the well or wells within five years as
delineated or endorsed by Ohio EPA under the wellhead protection program and
the source water assessment and protection program.
(E) "Emergency management zone" or "EMZ"
means the surface and subsurface area in the immediate vicinity of a public
water system intake as delineated or endorsed by Ohio EPA under the source
water assessment and protection program within which the public water supply
owner or operator has little or no time to respond to potential contamination
from a spill, release, or weather related event. The standard emergency
management zone boundary consists of a semi-circle that extends five hundred
feet upstream of the intake and one hundred feet downstream of the intake,
except as modified due to local conditions.
(F) [Reserved.]
(G) [Reserved.]
(H)
(1)
"
Holding tank" means any device that is not part of a larger
disposal system
and that is used to accumulate or store sewage or industrial waste that:
(a) is not hazardous waste as defined by rule
3745-51-03
of the Administrative Code and
(b)
must be hauled for recycling, treatment or disposal.
Holding tank does not
include such a device in a fixed location that is connected by pipe or hose to
a
disposal system.
[Comment: For the purposes of rule
3745-42-11 of the
Administrative Code, a tank used for flow equalization, septage receiving at a
treatment works or sludge holding at a treatment works is not considered a
holding tank. These tanks are part of a larger disposal system.]
(2) "Hydraulic balance"
means an accounting of the hydraulic inputs and outputs of a land application
system.
(3) "H 20 loading" is
defined by figure 3.7.6A of the 17th edition of "AASHTO Standard Specifications
for Highway Bridges," copyright 2005. This publication is available from
"AASHTO Publications Order Department, P.O. Box 933538, Atlanta, GA
31193-3538," telephone 1-800-231-3475,
fax
1-877-275-9284, web page
https://bookstore.transportation.org.
(I)
(1) "Industrial waste" means industrial waste
as it is defined in section
6111.45
of the Revised Code.
(2) "Inner
management zone" means the surface and subsurface area within a drinking water
source protection area for a public water system using ground water surrounding
a public water supply well or wells that will provide water to the well or
wells within one year as delineated or endorsed by Ohio EPA under the wellhead
protection program and the source water assessment and protection
program.
(3) "Install" or
"installation" means to begin actual construction, erect, locate or affix any
disposal system.
(J)
[Reserved.]
(K) "Karst" means a
terrain with an assemblage of landforms such as sinkholes and caves that are
due to weathering of predominantly carbonate bedrock.
(L)
(1)
"Lagoon" means any earthen or partially earthen impoundment that is used for
the treatment of sewage or liquid industrial waste.
(2) "Land application" means evenly spreading
or spraying treated sewage or liquid industrial waste onto the surface of the
land for final treatment or disposal.
(3) "Land application area" means the site or
location where treated sewage or liquid industrial waste is applied to the
ground surface for treatment or disposal.
(4) "Land application contract" means a deed
showing ownership, or a contract or agreement that describes the land where
treated sewage or liquid industrial waste will be applied and that allows
treated sewage or liquid industrial waste to be land applied.
(5) "Land application management plan" means
a management plan governing the operation, maintenance, effluent limits, and
monitoring requirements of a land application system.
(6) "Land application system" means a
disposal system that uses land application, thereby minimizing or eliminating
the discharge of treated sewage or liquid industrial waste to waters of the
state.
(7) "Low permeability" means
a permeability of less than two tenths of one inch per hour.
(M) "
Modify" or "modification"
means any physical change in, or change in the method of operation of a
disposal system to allow it to process water pollutants:
(1) In materially increased
quantities.
(2) Of a materially
different character.
(3) In
materially higher concentrations.
The addition of new connections to a public sewage system shall
not be considered a modification of the sewage system.
(N)
(1) "New source" means any disposal system
for which an owner or operator undertakes a continuing program of installation
or modification or enters into a binding contractual obligation to undertake
and complete, within a reasonable time, a continuing program of installation or
modification, after January 1, 1974, and that at the time of installation or
modification would have otherwise been subject to the provisions of this
chapter.
(2) "Normal ground water
table" means the shallowest depth of soil that is saturated with water for an
extended or permanent time period.
(3) "NPDES" means national pollutant
discharge elimination system.
(O)
(1)
"Occupied building" means any building that is regularly occupied by people, is
owned by a person other than the owner of the disposal system, and is located
on a plat of land separate from the plat of land on which the disposal system
is installed or operated.
(2) "Ohio
EPA" means the Ohio environmental protection agency or its director, as the
context or other law or regulations may require.
(3) "Operator" means the person in
responsible charge of operating and maintaining the disposal system in
compliance with the NPDES permit or land application management plan. The
operator may or may not be the owner of the disposal system.
(P)
(1) "Person" means person, as defined in
section
6111.01
of the Revised Code.
(2)
"
Professional soil scientist" means an individual with a baccalaureate degree
with a major in agronomy, soils, or a closely allied field of principles of
pedology to soil classification, investigation, education, and consultation and
on the effect of measured, observed and inferred soil properties and their use,
and who is a member of the Ohio association of pedologists or the American
registry of certified professionals in agronomy in crops and soil (ARCPACS).
[Comment: A list of the professional soil scientists in Ohio
can be obtained from the association of Ohio pedologists web site. The web link
for this site is: http://www.ohiopedologist.com.]
(3) "
Public water system" has the
same meaning as defined in rule
3745-81-01
of the Administrative Code.
(4)
"Publicly owned sanitary sewers" means any centralized sewerage system other
than those that are owned by a private or semi-public entity.
(Q) [Reserved.]
(R)
(1)
"Recommended Standards for Wastewater Facilities (2014), Great Lakes Upper
Mississippi River Board of State and Provincial Public Health and Environmental
Managers. This document can be viewed online at
http://epa.ohio.gov/dsw/pti/PTIDocuments.aspx
and purchased online at
http://www.healthresearch.org or by
writing to Health Research, Inc. P.O. Box 7126, Albany, New York
12224."
(2) "Restricted access
site" means a site on which treated sewage or liquid industrial waste may be
placed with a limited probability that the public will come into contact with
the treated sewage or liquid industrial waste. Such sites include, but are not
limited to, agricultural crop fields (i.e., nonhuman food crops), and
fenced-off meadows, pastures, woodlands, landscaping areas and other private
property.
(S)
(1) "Sewage" means sewage, as defined in
section
6111.01
of the Revised Code.
(2) "Sewerage
system" means sewerage system, as defined in section
6111.01
of the Revised Code.
(3)
"Significant zone of saturation" means a zone of saturation that may act as a
preferential pathway of migration away from the limits of storage or
application of treated sewage or liquid industrial waste.
(4) "Soil absorption system" means the final
treatment component of an on site sewage or liquid industrial waste treatment
system that utilizes absorption and adsorption to treat and disperse the
treated sewage or liquid industrial waste into subsurface soils. For the
purposes of this definition, liquid industrial waste shall possess
characteristics similar to sewage.
(6) "
Source water assessment and protection
program" means
Ohio EPA's program based on the Safe Drinking Water
Act,
42 U.S.C.
300(f), as amended in 1996,
and approved by U.S.
EPA, November, 1999.
(7) "Storage facility" means the part of a
treatment works, such as a tank, an earthen or man-made impoundment, that is
used solely for the storage of treated sewage or liquid industrial
waste.
(8) "
Surface waters of the
state" means
surface waters of the state, as defined in rule
3745-1-02 of the
Administrative Code.
(T)
(2) "Total inorganic nitrogen" means the sum
of nitrite-nitrogen, nitrate-nitrogen and ammonia-nitrogen.
(3) "Treated sewage" means sewage treated by
a treatment works.
(4) "Treatment
works" means treatment works, as defined in section
6111.01
of the Revised Code.
(U)
(1) "
UIC class V injection well" means
underground injection control (UIC) class V injection well as defined in
paragraph (E) of rule
3745-34-04
of the Administrative Code.
(2)
"Unrestricted access site" means a site on which treated sewage or liquid
industrial waste may be placed with a high potential for the public to come
into contact with the treated sewage or liquid industrial waste. Such sites
include, but are not limited to, golf courses, parks, lawns and playing
fields.
(3) "U.S. EPA" means United
States environmental protection agency.
(V) [Reserved.]
(W)
(1)
"Water pollutant" means any sewage, industrial waste or other waste, as defined
by section
6111.01
of the Revised Code.
(2) "Waters of
the state" means waters of the state, as defined in section
6111.01
of the Revised Code.
(3) "
Wellhead
protection program" means
Ohio EPA's program based on the Safe Drinking Water
Act,
42 U.S.C.
300(f), as amended in 1986,
and approved by U. S.
EPA, November 1992.
[Comment: The Code of Federal Regulations and federal statutes
listed in this rule can generally be found in public libraries, and can be
viewed electronically online at http://www.gpo.gov/fdsys/ and purchased
by writing to: "Superintendent of Documents, PO Box 371954, Pittsburgh, PA
15250-7954."]