[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)
Applications for both permits to install and plan approvals required by rule
3745-42-02
of the Administrative Code shall be made using forms prepared by Ohio EPA and
shall contain such information as the director deems necessary to determine
whether the criteria of rule
3745-42-04
of the Administrative Code are met.
(1) Any
of the following must be signed and certified by a professional engineer
licensed by the Ohio state board of registration for professional engineers and
surveyors:
(a)
Plans
Engineering plans,
such as detail plans, blueprints and drawings. or specifications for
disposal systems
, treatment works or sewerage
systems including, but not limited to
the
following:
(i) Sanitary sewer
extensions
;
.
(ii)
Pump stations or distribution systems
;
.
(iii)
Prefabricated unit installations (e.g., small sewage treatment plants)
;
.
(iv) Sewage treatment plants
;
.
(v) Land application systems
;
.
(viii) Septic tanks and leach fields
;
.
(ix) Drip
irrigation
distribution systems
;
.
(x) Monofills (disposal sites for fly ash,
foundry sand or other similar industrial wastes)
;
and
.
(xi) Industrial or commercial treatment
works.
(b) Reports on
process evaluations at
treatment works and
sewerage
disposal systems including
combined sewer overflow operational or long term control plan approvals, sewer
system evaluations and
infiltration/inflow
infiltration and inflow analysis plans
;
.
(c) Operation and maintenance manuals for
disposal systems
;
.
(d)
POTW
Publicly owned
treatment works (POTW) local limit technical
justification submissions
justifications for new or revised local limits
submitted for approval in accordance with pretreatment rules in Chapter
3745-3 of the Administrative Code
;
.
(e)
General plans or facility plans, including feasibility and cost analysis
;
.
(f) Impoundment closure plans
; and
.
(g) Beneficial reuse or recycling plans that
involve engineering calculations including, but not limited to, structural fill
projects, building foundations and road beds.
(2) Applications for permits to install or
plan approvals that are not required to be signed and certified by a
professional engineer licensed by the Ohio state board of
registration for professional engineers and
surveyors include
the following:
(a) Municipal sludge management plans using
agronomically sound land application rates
;
.
(b) Beneficial use or recycling projects
using agronomically sound land application rates
;
.
(c) Pretreatment program modification
requests other than technical justification modification requests for local
limits including, but not limited to, changes in sewer use ordinances, local
laws and local regulations
; and
.
(d)
Groundwater monitoring plans.
(3) In addition to the specific types of
documents in paragraph (A)(1) of this rule, the director may require other
permit application documents
submitted under this chapter to be
prepared and sealed
signed and certified by a
professional engineer licensed
professional engineer
by the Ohio state board of registration for professional
engineers and surveyors to protect
public
welfare or to safeguard life, health or property
human health or the environment.
(B) Applications for permits to install and
plan approvals shall be signed by the person, firm, agency or entity
responsible for constructing
or funding the
construction of the disposal system. If, after construction, the
disposal system will be turned over to a public entity or another party to own,
operate
and
or
maintain, the director may require both persons responsible for construction
and the future owner or operator
or person who
maintains the system to sign the permit application and be subject to the
terms and conditions of the permit issued thereafter. The application shall be
signed as follows:
(1) In the case of a
corporation, by a
principal executive
responsible corporate officer
.
of at least the level of
vice president or his duly authorized representative, if such representative is
responsible for the overall operation of the facility;
For these purposes, a responsible corporate officer
means any of the following:
(a)
A president, secretary, treasurer, or vice-president
of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for the
corporation.
(b)
The manager of one or more manufacturing, production
or operating facilities, provided: the manager is authorized to make management
decisions that govern the operation of the regulated facility including having
explicit or implicit duty of making major capital investment recommendations,
and initiating and directing other comprehensive measures to assure long-term
environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions are taken to
gather complete and accurate information for permit application requirements;
and authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(2) In the case of a partnership, by a
general partner
;
.
(3) In
the case of sole proprietorship, by the proprietor
;
and
.
(4) In the case of a municipal, state,
federal or other governmental facility, by the principal executive officer, the
ranking elected official or other duly authorized employee.
(C) In the case of plan approval
for the land application of sludge, the application shall be signed by either
the president, vice-president or highest ranking corporate officer with offices
located in the state, or the owner of the entity planning to apply the sludge,
and
or the
highest elected official of the municipality from which the sludge is
generated.
(D) The signatures shall
constitute personal affirmation that all statements or assertions of fact made
in the application are true and complete and comply fully with applicable state
requirements and shall subject the signatory to liability under section
2921.13 of the Revised
Code.
(E) Before the director will
review an application package, it shall contain
:
at a minimum the
following items:
(1) The appropriate
application fees (Comment: See section
3745.11 of the Revised
Code)
;
.
(2) Two
copies of the permit to install
or plan approval
application (e.g., Ohio EPA form 4309) with all blanks filled in and the form
signed in accordance with paragraph (B) of this rule
; and
.
(3)
Any sewage
disposal system company, as defined in section
4905.03 of the Revised Code,
that is or will be regulated as a public utility shall obtain and submit to the
director a copy of their certificate of necessity and need from the public
utilities commission of Ohio, as required by section
4933.25 of the Revised
Code.
(4)
Except for sanitary sewer extension projects
containing sewer pipe less than fifteen inches in diameter and industrial waste
treatment works projects covered under paragraph (I)(3) of this rule, an
engineering report describing the design features and operation features
necessary to enable the disposal system to achieve the required effluent
quality. At a minimum, the report shall include the following:
(a)
Description of
existing system and an evaluation of conditions and problems needing
correction, if applicable.
(b)
The anticipated
average daily flow, peak hourly flow and wastewater load for the existing and
planned conditions. The basis of the projections of initial and future flows
and wastewater load must be included and must reflect the existing or initial
service area, and the anticipated future service area.
(c)
Description of
the impact of the proposed project on all existing wastewater facilities,
including gravity sewers, lift stations, and treatment facilities used in
association with the project.
(d)
A written
description of the project.
(e)
Engineering
criteria used in the design of the project.
(f)
Project site
information including topography, soils, geologic conditions, depth to bedrock,
ground water level, floodway or floodplain considerations, and other pertinent
site information not included in the detailed plans.
(g)
The reasons for
selection of the proposed project, including cost effectiveness, operational
advantages, feasibility, and how the project fits into a long term
plan.
(5)
An explanation of how best available technology, as
required in rule
3745-42-04
of the Administrative Code, is achieved, if applicable.
(3)
(6)
Unless otherwise specified in a general permit to
install issued by the director,
Four
four complete
sets of the detailed plans and at least two copies of the contract
specifications. The plans and specifications shall be submitted in accordance
with the following requirements, as applicable
.
:
(a) All detailed plan sheets shall be eleven
inches by seventeen inches, twenty-two inches by thirty-four inches, or
twenty-four inches by thirty-six inches. Each sheet shall have a sufficient
margin to allow for proper binding and complete title blocks. Each set of plan
sheets submitted on paper shall be bound together.
(b) Each set of detailed plans shall
contain the following:
(i)
State
the
The name and type of building or
project
;
.
(ii)
State the
The
owner's name and address including the county and township or
municipality
;
.
(iii)
Contain the
The name of the engineer preparing the plans, the
original
handwritten or an electronic signature
(i.e., unique identifier or personal identification
number (PIN) for electronically submitted plans) of the engineer and the
engineer's stamp on the title sheet of the detailed plans when required by
paragraph (A) of this rule
;
.
(iv) For projects that connect or discharge
to the local sewer authority's disposal system,
contain a cover sheet that has the local sewer
authority's signature or a letter from the local sewer authority that expresses
support for the project
;
.
(v)
The date plans were prepared or
revised.
(vi)
Scale or scales to which plans are
drawn.
(v)
(vii)
Contain
cross
Cross sections and plan and profile
views of all the unit processes within the treatment system and their
capacities, with all views drawn to scale and clearly labeled
;
.
(vi)
(viii)
Identify
Identification
of the dimensions and relative elevations of structures
;
.
(vii)
(ix)
Include,
unless
Unless contained in a separate
contract specification book, identification of the
location and outline of equipment
or product specifications, and the location,
size, and ASTM designation of piping and joints
;
.
(viii)
(x)
Contain a
A hydraulic profile of the flow of water through the
unit processes that indicates points of chemical addition, control
instrumentation, alarm levels, and monitoring equipment
;
.
(ix) Include, unless contained in a
separate contract specification book, the equipment or product
specifications;
(x)
(xi) Where applicable,
describe
a
description of the ultimate method of sludge disposal
; and
.
(xi)
(xii)
Include,
unless
Unless contained in a separate
contract specification book, identification of stand-by equipment, including
the number of each component and each
components
component's
capacity, location, size, and intended operation.
(c) Each set of detailed plans shall contain
a site plan showing
the following, where
applicable:
(i) Adjacent properties, storage
areas, contours, existing and final grades and drainage courses, property
lines, existing and proposed buildings, parking areas, drives, elevations,
the number, location, and elevation of referenced
benchmarks, normal stream elevations and flood level, existing and proposed
utilities, locations and logs of test borings, locations of proposed and
existing treatment works,
anticipated future service
areas,
and all sewers that will
collect and transport sewage
or
, industrial waste
or other
waste, and outfalls from treatment works.
;
(ii)
Sanitary sewers, storm sewers, and water lines or locations of water wells
(show the location of all wells up to and including ten
thousand gallons per day within one hundred fifty feet and all wells over ten
thousand gallons per day within three hundred feet of the disposal
system), including manholes and pump stations
;
.
(iii) The location of each entry to the
public sewer
;
.
(iv) Isolation distances from the
treatment works to any water wells and property lines; and
(v)
(iv) The north arrow.
(d) Each set of detailed plans shall contain
a vicinity map showing surrounding roadways, railroad tracks, and major water
courses
within at least one thousand feet of the
project.
The director or the director's
authorized representative may request additional information as necessary to
determine compliance with any applicable laws as defined in rule
3745-42-01 of the
Administrative Code during the review of the permit to install or plan approval
application.
(F) The director may waive submittal
requirements identified in paragraph
(E)(3)
(E)(7) of this
rule for specific technologies or project types, such as industrial projects
that require a permit to install prior to funding procurement, as necessary to
efficiently review the application package and administer this chapter.
The director may require that prior to the initiation
of construction or initiation of operation, that plans required in paragraph
(E)(7) of this rule have been submitted.
(G) The director may allow electronic
submittal of any document required to be submitted by this rule. If the
director allows electronic submittal,
he
the director may
allow the
permittee
applicant to submit only one electronic copy of the
document, even if the
permittee
applicant would be required to submit more than one
copy in non-electronic form by this rule.
(H)
Except for
cities, villages, counties and other public entities, public utilities, or
industrial applicants, any applicant proposing to install a disposal system to
collect or treat sewage from two or more homes or collect or treat sewage with
an average design flow of ten thousand gallons per day or greater, shall submit
the following information as part of a permit application in addition to the
information required in paragraphs (A) to (E) of this rule to demonstrate
financial, legal and technical ability to own and operate a disposal
system:
[Comment: The following information is
necessary for submittal and review in order to ensure that an applicant granted
approval to own, operate and maintain a disposal system has the financial,
legal and technical resources available to properly own, operate and maintain
the system in order to comply with permit requirements and applicable laws and
regulations.]
(1)
A demonstration that a public entity or utility is not
available or has submitted a written waiver, provided the waiver does not
conflict with either any areawide waste treatment management plan adopted in
accordance with section 208 of the act, or approved regional sewage service and
treatment plan.
(2)
Financial and personnel commitments that are needed to
provide effective management and operation of the disposal system.
[Comment: Personnel commitments may
include accounting, grounds and maintenance and contract with a certified
operator.]
(3)
Documentation of ownership accountability through
bylaws or deed that includes the legal authority to take the measures necessary
for construction, operation and maintenance of the disposal system, and valid
easements for all sewers, if applicable.
(4)
The
organizational structure, credentials of management and operations personnel,
and cooperative agreements or service contracts, if
appropriate.
(5)
For an association of home or property owners served
by the disposal system, the document establishing the association shall impose
covenants or restrictions on the land of each property owner that assures the
proper long-term operation and maintenance of the disposal system including at
a minimum the following:
(a)
A statement that clearly indicates the association of
home or property owners is and will continue to be technically and financially
responsible for the operation and maintenance of the disposal system until such
time as the disposal system is no longer needed or has been transferred to a
public entity or utility.
(b)
The legal authority to regulate the use of the
disposal system.
(c)
The legal authority to enforce clean water
ordinances.
(d)
The legal authority to levy assessments on its members
and enforce these assessments by liens on the properties of each
owner.
(e)
The legal authority to transfer ownership and
operation of the disposal system to a public entity or utility.
(f)
The requirement
that members connect with the disposal system and be bound by the rules of the
association.
(g)
That the association must continue in existence until
after the disposal system is properly closed.
(6)
A financial
plan, signed by a certified public accountant registered by the accountancy
board of Ohio, describing the disposal system revenues and cash flow for
meeting the costs of construction and the costs of operation and maintenance
for a minimum of five full years from the date the applicant anticipates
initiating operation. At a minimum, the financial plan shall include the
following:
(a)
Projected financial statements for each of the first five years of operation
including the following:
(ii)
An income
statement.
(iii)
A statement of cash flow.
(b)
A demonstration
of ability to promptly fund the cost of repairs, capital replacement, and
compliance over the anticipated life of the disposal system.
(7)
Documentation of the creation of a reserve fund for the sole purpose of
maintaining, repairing and replacing the disposal system and how this reserve
will be maintained at an appropriate level over the anticipated life of the
disposal system.
[Comment: The information in this
paragraph is necessary for submittal and review in order to ensure that an
applicant granted approval to own, operate and maintain a disposal system has
the financial, legal and technical resources available to properly own, operate
and maintain the system in order to comply with permit requirements and
applicable laws and regulations.]
(H)(I) In
addition to the information contained in paragraphs (A) to (E) of this rule,
applications for permits to install for industrial waste treatment works that
have a direct discharge to waters of the state or are tributary to a treatment
works
(i.e., an indirect discharger) shall
include, as applicable, all of the following:
(1)
Written
For indirect
dischargers, written approval from the sewer authority that will be
responsible for treating the industrial waste. The application shall contain a
statement by the sewer authority that it is aware of the proposed project and
agrees to accept the treated industrial waste from the applicant's facility.
The approval and statement may be in the form of a letter from the sewer
authority, or each set of plans must be signed by the sewer authority. If the
applicant is proposing to connect to, or construct or modify an existing
sewerage system tributary to, a sanitary sewer that is not owned or operated by
the sewer authority responsible for treating the industrial waste, then the
connection, construction or modification shall be through an approved sewer tap
to the sewerage system
;
.
(2)
Schematic
For both
direct and indirect dischargers, schematic diagrams of the processes that
generate, collect, treat, and dispose of the industrial wastes. In the
schematic diagram, the applicant shall
do the
following:
(a) Clearly label each major
process unit in sufficient detail to allow the agency to have a clear
understanding of the types and quantities of pollutants that may be
generated
.
(b) Identify the average and maximum flow
rates (expressed as gallons per day) for each major process unit that generates
industrial waste, and identify the frequency and volume of spent chemical dumps
and the concentrations of pollutants in the influents and effluents for the
pretreatment facility
; and
.
(c) If
the plans are for a modification to an existing, approved facility, distinguish
between existing facilities and new facilities
;
and
.
(3)
An
For both direct and
indirect dischargers, an engineering report. In the engineering report,
the applicant shall
do the following:
(a) Provide a project summary that presents
the objectives to be achieved by the proposed facility
or new discharge, and generally describes the means
proposed to accomplish the objectives, and the anticipated results. The project
summary shall also identify the appropriate categorical regulations, the
appropriate local effluent limitations, and any applicable court orders or
pretreatment standards
;
.
(b)
Briefly describe the manufacturing process or unit process generating the
industrial waste stream, and
, at a minimum the
following:
(i) Delineate the process
unit operations in the facility producing the waste streams and explain the
relationship between these operations and how the waste streams will be
treated
;
.
(ii)
Describe the operating schedules
; and
.
(iii)
Characterize each waste stream by its average and maximum flow values
(expressed in gallons per minute and gallons per day) and chemical and physical
characteristics, including the concentrations of pollutants and maximum
allowable loadings of all pollutants that may be present in the waste stream.
Particular emphasis shall be directed towards applicable standards, toxic
pollutants, and pollutants that the industrial waste pretreatment facilities
are designed to remove
; and
.
(c) Briefly describe proposed and
existing treatment facilities that will be used to treat the industrial waste
streams described in paragraph
(G)(3)(b)
(I)(3)(b) of
this rule, as well as standby and auxiliary equipment for each treatment unit
shown in the detail plans, and at a minimum
the
following:
(i) Describe the average and
maximum flow rates (expressed in gallons per minute and gallons per day) that
each treatment unit will process, excluding stand-by and auxiliary equipment,
as well as the frequency and concentrations of pollutants in all dumps of the
process line
;
.
(ii)
Describe the chemical and physical characteristics of the waste stream that
each treatment unit will receive, including the concentrations of all
pollutants that the unit is designed to remove or that may affect the operation
of the unit
;
.
(iii)
Describe the chemical and physical characteristics of the treated waste stream
for each treatment unit
;
.
(iv)
State the pertinent specifications of each treatment unit and each major
equipment item, including stand-by and auxiliary equipment
;
.
(v) State the criteria used to design or size
each treatment unit and the associated equipment
;
and
.
(vi) Describe the ultimate means of disposal
of residuals, sludges, and collected industrial wastes.
(I)(J) The director may
waive requirements identified in paragraphs
(H)(1)
(I)(1) to
(H)(3)
(I)(3)
of this rule for specific technologies or project types as necessary to
efficiently review the application and administer this
chapter.
Notes
Ohio Admin. Code
3745-42-03
Effective:
3/31/2017
Five Year Review (FYR) Dates:
09/22/2016 and
12/20/2021
Promulgated
Under: 119.03
Statutory
Authority: R.C. 6111.03
Rule
Amplifies: R.C. 6111.03,
6111.44,
6111.45,
6111.46
Prior
Effective Dates: 1/1/1974, 8/15/1982, 9/18/1987, 10/17/2003,
12/1/2005