Ohio Admin. Code 3745-42-02 - Applicability, exemptions and procedures
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-42-01 of the Administrative Code.]
(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
(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 lagoon s;
.
(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
(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
(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.
(C) The director may waive the permit to
install or plan approval requirement for
either of the following:
(1) A site preparation activity not listed in
paragraphs (B)(1)(c) to (B)(1)(c)(xix) of this rule, as a site preparation
activity that can be undertaken prior to obtaining a permit to install ,
provided that all of the following conditions are
met:
(a) The site preparation activity
is in accordance with all applicable rules and laws;
and
.
(b) Prior to beginning the site preparation
activity, the permittee provides the director with a written request for
approval of any activity that includes
all of the following:
(i) A detailed description of any proposed
site preparation activity;
.
(ii) An
explanation of why the site preparation activity is in accordance with all
applicable rules and laws;
.
(iii) An
explanation of how all applicable permits will be obtained prior to the site
preparation activity; and
.
(iv) A
description of the potential adverse consequences that could occur to the
permittee if the director did not approve the site preparation activities prior
to obtaining a permit to install ;
.
or
(2) Any wastewater
treatment works not listed in paragraphs (B)(11)(f)(i) to (B)(11) (f)(vi) of
this rule, 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 rules 3745-42-05, 3745-3-04, and
3745-3-09 of the Administrative
Code, applicable sections of the Ohio plumbing code, and Chapters 3745-3 and
3745-36 of the Administrative Code;
.
(e) The
treatment works is not an industry 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 owner or operator submits a written
request for a waiver that includes a description of the treatment works and a
demonstration of compliance with the requirements in paragraphs (C)(2)(a) to
(C)(2)(e) of this rule.
(D) Permit to install or plan approval modification . No permit to install or
plan approval, whichever is applicable, is required for the modification of a
disposal system if any of the following conditions are
met:
(1) After modification , the
disposal system will be a type that could have been installed without a permit
to install or plan approval;
.
(2) The
result of the modification on environmental quality is so slight that the
director has, by rule, exempted the modification from the requirements of
paragraphs (A) to (A)(3) of this rule;
or
.
(3) The director has determined that the
proposed work will not significantly change the overall disposal
system .
(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 .
(F) Termination
of a permit to install or plan approval. (3)
(2) The director may
modify a permit to install or plan approval to extend
these
the
dates of expiration by up to twelve months if the applicant submits, within a
reasonable time before the termination date, a written request containing
information that, in the judgment of the director , adequately justifies an
extension of time. No appeal taken from denial of extension of an expiration
date shall prevent termination of a permit during the period between denial of
extension and final disposition of the appeal unless prohibited by any court or
administrative body having jurisdiction over the matter.
(1)
A permit to install or plan approval shall
terminate within eighteen months
of
from the
effective date of the permit to install if the owner or operator has not
undertaken a continuing program of installation or modification or has not
entered into a binding contractual obligation to undertake and complete , within
a reasonable time, a continuing program of installation or modification .
(2) A plan approval shall terminate
within eighteen months of the effective date of the plan approval if the owner
or
(G) Revocation of a permit to install or plan
approval.
(1) The director may revoke a
permit to install or plan approval if the director concludes at any time that
any applicable laws have been or are likely to be violated.
(2) The director may also revoke a permit to
install or plan approval at the permittee's request if the director determines
that granting the requested revocation will not result in the violation of any
applicable laws . When a permittee requests a revocation, the director , without
prior hearing, shall make a final determination on the application.
(H) Transfer of a permit to
install or plan approval.
(1) The director may
transfer a permit to install or plan approval for a disposal system to a new
owner of a disposal system . Transfers shall only be made for permits to install
or plan approvals that meet any of the following
conditions:
(a) Contain operating
conditions;
.
(b) Are
for systems that are currently in the installation process;
.
(c) Are for systems that are currently
undergoing a continuing program of modification ;
or
.
(d) Are for systems where construction has
not yet commenced.
(2)
Written application for a transfer must
shall be submitted to the director at least sixty days
prior to any proposed transfer. The transferee shall be responsible for
informing Ohio EPA that it
the transferee will assume the responsibilities of the
original permittee transferor. The director may prevent the permit transfer if
he
the
director
concludes that it
the transferee will jeopardize compliance with the
terms and conditions of the permit. The director shall notify both the original
permittee transferor or the transferee in writing of his
the
decision.
(I)
Applicability of rules of procedure. A permit to install or plan approval shall
be issued, modified, revoked or denied and may be challenged in accordance with
the provisions of the rules of procedure of the Ohio EPA
agency, Chapter
Chapters
3745-47 and 3745-49 of the Administrative Code.
[Comment: The Code of Federal
Regulations can generally be found in public libraries and can be viewed
electronically online at http://www.gpoaccess.gov/cfr/index.html and purchased
by writing to: "Superintendent of Documents, Attn.: New Orders, PO Box 371954,
Pittsburgh, PA 15250-7954."]
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.03, 6111.04, 6111.44, 6111.45, 6111.451, 6111.46
Rule Amplifies: 6111.03, 6111.04, 6111.44, 6111.45, 6111.451, 6111.46
Prior Effective Dates: 1/1/1974, 8/15/1982, 9/18/1987, 4/20/1994, 4/12/1996, 4/27/1998, 11/30/2001, 10/17/2003, 3/1/2008
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