(A) Applicability of
Chapter 3745-42 of the Administrative
Code
this chapter.
(1)
Permit
Permits to
install and plan approvals for disposal systems.
(a) Except as provided in paragraphs (B) to
(D)(3) of this rule, no person shall cause, permit or allow the installation of
a new disposal system or cause, permit or allow the modification of a disposal
system without first obtaining an individual permit to install, a general
permit to install or plan approval in accordance with this chapter and all
other applicable rules and laws.
(b) An application for a permit to install
for any disposal system shall include detailed plans in accordance with this
chapter and all other applicable rules and laws.
(c) The approval of a permit to install shall
constitute approval of the detailed plans for the disposal of waste and for the
disposal system pursuant to sections
6111.44 and
6111.45 of the Revised
Code.
(2) The
director,
at
his
the
director's discretion, may issue an order requiring any
person planning
to
install or
modify, or in the process of installing or modifying, any
disposal system, which is otherwise exempted, to obtain a permit to
install or
plan approval before proceeding with
installation or
modification if, in the
director's judgment, operation of the
disposal system after
installation or
modification might result in a violation of the criteria established in
paragraph (A) of rule
3745-42-04 of the Administrative
Code.
(3) The director, at
his
the
director's discretion or where required by federal laws or regulations,
may issue a single permit to install or plan approval having application to all
pollutants of any kind emanating from any disposal system, or may issue a
single permit to install or plan approval having applicability to more than one
disposal system controlled by a common owner or operator located in the same
county.
(4) Notwithstanding any
other provision of this rule, compliance with this chapter does not relieve any
person from the requirements of Chapter 3734. or 3714. of the Revised Code and
rules adopted thereunder, including provisions prohibiting the establishment of
a facility.
(B) Permit to
install and plan approval exemptions from applicability. Unless deemed
otherwise by the
director, a permit to
install or plan approval, whichever is
applicable, is not required for
the following:
(1) Site preparation activities in accordance
with paragraphs (B)(1)(c) to (B)(1)(c) (xix) of this rule.
(a) Risk to the owner or
operator.
(i) This rule does not in any way guarantee
that a permit to install or plan approval will be
issued.
(ii) The implementation of
any of the activities described in paragraphs (B)(1)(c) to (B)(1)(c)(xix) of
this rule are at the entire risk of the owner or operator.
(iii) If a permit to install
or plan approval is issued, any necessary design
changes, and the costs associated with those design changes, including costs
due to delayed construction, in order to comply with the terms of the permit to
install or plan approval are entirely at the
owner or operator's risk. Any costs associated with these design changes shall
not be used as part of any cost effectiveness evaluation.
(b) General prohibitions and restrictions.
(i) Site preparation activities performed
prior to the issuance of a permit to
install or plan
approval shall
comply with all of the
following:
(a) Be in accordance with
all other applicable rules and laws, including rule
3745-1-05 of the Administrative
Code and
Chapter 3745-42 of the Administrative Code;
and
this chapter.
[Comment: If applicable, it is recommended that an applicant
obtain a national pollutant discharge elimination system
(NPDES) permit, prior to beginning site
preparation activities.]
(b) As applicable, not begin until any of the
following are obtained:
(i) A 401 water
quality certification and
or isolated wetland permit;
or
.
(ii) A construction site storm water
permit.
(ii)
Site activities that are prohibited prior to obtaining a permit to
install
or plan approval include
any of the following:
(a) The construction of buildings or
structures that are directly related to the
installation of a
treatment works
or
disposal system and will convey
sewage to a
disposal system,
including
including
any of the following:
(i) Residential
homes;
.
(ii)
Clubhouses or banquet halls; and
.
(iii)
Restaurants;
.
(b) The construction of buildings or
structures that will house or shelter any part of a disposal system, including
storage facilities or sewage treatment lagoons;
.
(c) The construction or installation of
tankage and other equipment that will be used to store, process, treat or test
wastewater to be discharged from the site to a municipal sewer or in accordance
with an NPDES permit;
.
(d) The
construction of any other structure or building determined by the director to
convey sewage to the proposed disposal system;
.
(e) The construction activities directly
related to the construction or installation of any onsite sewage treatment
system soil dispersal component. A soil and site evaluation for any soil based
treatment system shall be approved prior to beginning any site preparation
activities; and
.
(f) The
construction activities directly related to any
land application area. A soil
and site evaluation for any
land application area shall be approved prior to
beginning any site preparation activities.
[Comment: Rule
3745-42-13 of the Administrative
Code outlines the requirements for a land application system
for treated sewage or liquid industrial
waste
.]
(c) Except as provided in paragraphs (B) to
(B)(1)(b)(ii)(f) of this rule, site preparation activities that are not
directly related to the
installation of any
treatment works or
disposal system
that can be undertaken prior to obtaining a permit to
install
or plan approval include
any of the following:
(i) Constructing buildings or structures that
will not convey
sewage to the proposed
disposal system, such as
any of the following:
(a) Warehouses;
.
(b) Office buildings; and
.
(c) Garages;
.
(ii) Clearing the site of existing
vegetation, old buildings, or old equipment;
.
(iii) Grading and clearing of land, stripping
and stockpiling topsoil, earthwork cut and fill for foundations in preparation
for construction;
.
(iv)
Installing temporary site access roadways and parking areas;
.
(v) Installing temporary construction
equipment storage areas;
.
(vi)
Storing of construction equipment including temporary buildings and trailers
for equipment storage and for construction offices;
.
(vii) Except as provided in paragraphs
(B)(1)(b)(ii)(e) to (B)(1)(b)(ii) (f) of this rule, exploratory excavation and
borings to assess the suitability of a site for the intended building or
installation activities;
.
(viii)
Provided no concrete is poured
, any of the
following:
(a) Excavating building
footers, pilings, foundations, pads, and platforms;
or
.
(b) Installing concrete forms and reinforcing
bar for any concrete footers, pilings, foundations, pads and platforms;
.
(ix) Installing temporary
utilities for site construction trailers, including electricity, gas, and
communication, provided the owner or operator of the disposal system has
submitted the complete plans for the disposal system to the director and has
notified the director that this activity will be taken prior to the issuance of
the permit to install or plan approval;
.
(x) Removing old equipment from existing
buildings;
.
(xi)
Installing any temporary construction dust control systems, such as
sprinklers;
.
(xii)
Installing any signage or traffic control signs;
.
(xiii) Installing any utility poles by a
utility company;
.
(xiv)
Installing temporary erosion and sedimentation control systems including
hay bales
filter
sock, silt fences
fence, rip-raps
rip-rap,
sandbags or any sedimentation
sediment settling pond used for mitigating storm water
discharges associated with
during construction activity.
The director may exempt other sedimentation ponds
provided the sedimentation pond will not be used as part of a disposal
system;
(xv) Installing
new landscaping, including trees, bushes and seeding of disturbed
earthwork;
.
(xvi)
Installing landscaping fencing;
.
(xvii)
Installing temporary fences and signs around the construction site;
.
(xviii) Stockpiling of stone, soil and other
materials for future construction; and
.
(xix)
Storing onsite portable parts and equipment;
.
(2) Coal waste
facilities
. provided that
all of the following conditions are met:
(a) The coal waste facility is located
entirely within the permitted area of a coal mining operation regulated under
Chapter 1513. of the Revised Code; and
.
(b) The
owner or operator of the coal mining operation has applied for and obtained
approval for the design, construction, operation and closure of the coal waste
facility from the division of mineral resources management of the Ohio
department of natural resources in accordance with Chapter 1513. of the Revised
Code and the rules adopted thereunder;
.
(3) External interceptors for fats, oils or
greases (FOG) in accordance with paragraphs (B)(3)(a) to (B)(3)(a)(xi) of this
rule.
(a) Except as provided in paragraph
(B)(3)(b) of this rule, a permit to
install or plan approval is not required
for an external FOG interceptor, where the external FOG interceptor
meets all of the following conditions:
(i) Discharges to a publicly owned or public
utilities commission of Ohio regulated disposal system owned or operated by the
holder of a valid Ohio national pollutant discharge
elimination system (
NPDES) permit
issued by the director;
.
(ii) Is
designed by a registered or licensed professional, such as a registered
professional engineer, and installed in accordance with applicable sections of
the Ohio plumbing code set forth in division-level designation 4101:3 of the
Administrative Code;
.
(iii) Is
designed to have a minimum contact time within the interceptor of twenty
minutes;
.
(iv) Is
designed to remove at least ninety-five per cent of the incoming FOG or to meet
applicable local FOG effluent limits imposed by the owner/operator
owner or
operator
of the disposal system, whichever is more stringent;
.
(v) Incorporates an observation or monitoring
well or device at its discharge point, prior to entering the
disposal
system;
.
[Comment: A control manhole that is used for observation or
montoring
monitoring of effluent from a FOG interceptor and is
located upstream of the collector sewer meets the intent of an observation or
monitoring well or device.]
(vi) Serves only establishments that generate
no peak flows of no more than five hundred
gallons per minute (g.p.m.) of FOG laden sewage;
.
(vii) Is designed to retain intercepted FOG
material without permitting discharge of said material to the sanitary sewerage
system;
.
(viii)
Is designed in such a way as to not allow material to permanently accumulate
within the FOG interceptor;
.
(ix) Is maintained on a planned and scheduled
basis so as to properly provide its intended purpose, FOG interception;
.
(x) Is designed to facilitate ease of
cleaning and maintenance as well as not contaminating the surrounding
area; and
.
(xi) Is
permitted, inspected and approved by the plumbing authority having
jurisdiction.
.
(b) The director may require a permit to
install or plan approval, as applicable, for any FOG interceptor that receives
industrial wastewater or wastewater that does not meet the definition of
sewage, as defined by Chapter 6111. of the Revised Code;
.
(4) A disposal system for a not
for profit car wash, including those used for charity fund raisers by school or
church groups, unless the director determines the need to protect human health
or the environment or if the director determines there is a potential for
discharge to waters of the state;
.
(5) A
disposal system for a mobile carpet cleaner, unless the director determines the
need to protect human health or the environment or if the director determines
there is a potential for discharge to waters of the state. Waste from a mobile
carpet cleaner shall be disposed of at a publicly owned treatment works or a
commercial wastewater treatment works with an effective NPDES permit;
.
(6) A disposal system for mobile power
washers, unless the director determines the need to protect human health or the
environment or if the director determines there is a potential for discharge to
waters of the state;
.
(7)
Recycle systems inside a building, such as those used for
any of the following:
(a) Hydrostatic test water;
.
(b)
Water conservation; or
.
(c) Non
contact cooling water, where the cooling tower
meets
both of the following conditions:
(i)
Does not discharges
discharge to waters of the state; and
.
(ii) Has a water supply rate less than ten
thousand gallons per day;
.
(8) Oil and water separators, provided
that all of the following conditions are met:
(a) The oil and water separator has a volume
not to exceed one thousand gallons;
.
(b) The
effluent from the oil and water separator is conveyed to a publicly owned
treatment works;
.
(c) The
owner obtains a letter, or another form of documentation such as a plan
approval, from the publicly owned treatment works, acknowledging that they are
aware of the oil and water separator;
and
.
(d) Any industrial waste is disposed of in
accordance with all applicable rules and laws;
.
(9) Under the sink grease
traps;
.
(10) Any
storm water conveyance
,
or system of
conveyances
or treatment system in accordance
with
included in any of the following:
[Comment: A conveyance system may include roads, catch basins,
curbs, gutters, ditches, storm water manholes,
man-made channels or basins, or storm drains.]
(a)
A phase one or
phase two permit for a municipality with a
A
municipal separate storm sewer system (MS4)
,
provided that
all of the following conditions are
met:
(i)
Is
The MS4 is owned or
operated by a public body
entity.;
(ii)
Is
The MS4 is designed
and used for collecting or treating primarily
non-industrial storm water, typical for a municipal storm water
system;
conveying solely storm
water.
(iii)
Does not operate as a combined sewer;
and
The MS4 is not a combined
sewer.
(iv)
Is
The MS4 is
not part of a publicly owned treatment works;
or
.
(b) A construction general storm water
permit;
.
(c)
The post construction storm water management
requirements of an NPDES general permit for storm water discharges associated
with construction activities.
(11) A wastewater
treatment works, provided
that all of the following conditions are met:
(a) The treatment works is located upstream
of the building drain;
.
(b) The
treatment works has a design flow of not more than five hundred gallons per
day;
.
(c) The
treatment works will be utilized for industrial or commercial wastewater and
will discharge to a publicly owned treatment works with an effective NPDES
permit;
.
(d) The
treatment works is in accordance with all applicable rules and laws, including
rule
3745-42-05 of the Administrative
Code and Chapters 3745-3 and 3745-36 of the Administrative Code and all
applicable sections of the Ohio plumbing code. The
director may require a
permit to
install
, plan approval or an
NPDES
permit to protect public health or the environment
;
.
(e) The treatment works is not subject to the
national categorical pretreatment standards discharge limits, in accordance
with subchapter (N) of Chapter 40 of the Code of Federal Regulations, effective June 1, 2007; and
.
(f) The
treatment works is limited to
any of the
following:
(i) Neutralization;
.
(ii) Silver recovery;
.
(iii) Photo processing;
.
(iv) Treating dental or medical office
wastewater;
.
(v)
Treating dry cleaning wastewater; or
.
(vi)
Activated carbon treatment for treating petroleum contaminated ground water,
where the temporary unit is used on site for less than two years and is
designed to achieve less than detection for benzene, toluene, ethylbenzene or
xylene; or
.
(12) A manhole, provided the manhole
meets all of the following conditions:
(a) Is located on a sewer lateral and
upstream of any collector sewer;
.
(b)
Includes not more than one influent pipe;
and
.
(c) Does not house any equipment, such as a
pump.
(13)
A building sewer, as defined in division 4101:3 of the
Administrative Code, provided that both of the following conditions are
met:
(a)
Only
gravity conveyance systems are used.
(b)
The building
sewer connects directly into a common or collector sewer and not directly into
a treatment works.
(14)
Sanitary sewer
replacement projects, provided that all of the following conditions are
met:
(a)
The
total length of sewer per project is not more than one thousand
feet.
(b)
There are no changes in pipe size.
(c)
There are no
additional manholes.
(d)
There are no significant changes in
elevation.
(e)
There are no lateral shifts exceeding twenty feet or
that will not maintain a ten foot separation from water lines.
(f)
The sewer is not
located in a stream bed and will not shift into a stream bed.
(g)
The new pipe
material, if changed, is on Ohio EPA's pipe specification list, updated as of
January 1, 2013, available on the internet at:
http://epa.ohio.gov/dsw/pti/PipeSpecs.aspx.
(15)
In situ sanitary
sewer repairs, such as sliplining.
(16)
Any repair or
replacement of a component, media or equipment within a treatment works,
provided the repair or replacement meets both of the following
conditions:
(a)
Is intended to maintain treatment and serve the same
function as the existing component, media or equipment.
(b)
Does not result
in increased hydraulic capacity of the treatment works or significantly alter
the sewage flow through the treatment works.
The repair or replacement shall be
considered operation and maintenance issues and not the installation of
treatment systems. Examples may include, but are not limited to, replacing
pumps or mixers with more efficient pumps or mixers, installation of fine
bubble diffusers, replacing piping and replacement of sand in sand
filters.
(17)
Modifications
within the existing treatment works infrastructure that are intended to
increase operational flexibility or efficiency of the treatment works. This may
include, but is not limited to any of the following:
(a)
Installation of
piping and valves to provide variable modes of treatment, provided the changes
do not result in the possibility to bypass any treatment unit.
(b)
Installation of
internal structures in treatment works tanks such as floating screens or
baffles to improve efficiency.
(c)
Modification of
biological environment within existing treatment works tanks to promote
efficiency.
(18)
A disposal system designed to be a best management
practice under the requirements of an NPDES storm water permit in accordance
with Chapter 3745-39 of the Administrative Code. If the disposal system is
installed to meet a specific numeric effluent limitation in an NPDES permit or
is required as a result of director's findings and orders or alternative
judicial or administrative order, a permit to install or plan approval shall be
obtained.
(19)
A treatment works pilot study, provided that all of the
following conditions are met:
(a)
Utilizes only a portion of the wastewater stream off
line from the existing treatment train, for example less than twenty-five per
cent of the design flow.
(b)
Treated effluent recombines with the overall treatment
works effluent before discharge to the receiving water.
(c)
Does not exceed a
time frame of twelve months.
(d)
Is not intended
to be a permanent structure at the treatment works. If at the end of the pilot
study, the owner or operator chooses to incorporate pilot study components into
the existing treatment works, a permit to install shall be
obtained.
(20)
Installation of any on line monitoring or process
control equipment such as supervisory control and data acquisition (SCADA) or
other similar equipment.
(21)
Installation of any odor control equipment on a
disposal system provided that the equipment does not modify or change the
treatment works or characteristics of the sewage.
(22)
Remodel or
replacement of buildings or laboratories located at a treatment
works.
(23)
Filtration systems, ion exchange systems, and oil
skimmers installed at or in process tanks that directly serve manufacturing
equipment, provided the filtration system, ion exchange system, or oil skimmer
meets all of the following conditions:
(a)
Is intended to
extend the life of the process solution or to conserve water.
(b)
Operates
continuously.
(c)
Is not installed at or in a process tank that
discharges to a sanitary or storm sewer.
(E)
Administrative changes to a permit to
install or plan approval. The
director
may make administrative changes to a permit to
install or plan approval. An
administrative change to the permit to
install or plan approval is an amendment
to the permit to
install or plan approval issued by
Ohio EPA that does not
result in a
modification or alteration of the treatment or
disposal system. An
administrative change to a permit to
install or plan approval may be made for
any of the following reasons:
(1) To correct technical errors, such as
errors in calculations, that result in the improper determination of permit to
install or plan approval conditions;
.
(2) To
correct typographical errors;
.
(3) To
change a term or condition of the permit to install or plan approval that does
not constitute modification or alteration of the treatment or disposal
system; or
.
(4) To
update administrative information including, but not limited to, the name of
the applicant or telephone number, address or name of the treatment or disposal
system.