Ohio Admin. Code 3745-42-06 - General permit to install
(A) General permit to install coverage.
Without receiving an application for the general permit to install, the director may prepare and issue a general permit to install that covers the installation of any of the following, within a specific geographic area:
(1) Oil and water
separators;
.
(2)
Sewer extensions;
.
(3) Pump
and treat systems for remediation of ground water;
.
(4) Cooling towers;
.
(5) Closed loop recycling systems;
.
(6) External fat, oil and grease
interceptors; and
.
(7) Any
other type of disposal system, in which the director determines that a general
permit to install is an appropriate permitting mechanism.
(B) Criteria for issuing and renewing a
general permit to install. The director may issue a general permit to install
or renew a general permit to install if, on the basis of all information
available to Ohio EPA, the director determines that
all of the
following :
(1) The installation of the
disposal system will be protective of public health and the environment;
.
(2) The installation of the disposal system
is more appropriately covered by a general permit to install than an individual
permit to install;
.
(3)
Technology or standards exist that make it reasonable to issue a general permit
to install; and
.
(4) The
criteria specified in rule
3745-42-04
of the Administrative Code are met.
(C) General permit to install coverage.
(1) Prohibition. No person is authorized to
install a disposal system under the coverage of a general permit to install
until the director issues the written notification that the disposal system has
obtained coverage under a general permit to install.
(2) Notice of intent. Each person who wishes
to obtain coverage under a general permit to install in order to install a
disposal system shall submit to the director, or an authorized representative,
a notice of intent to comply with the general permit to install, in accordance
with the deadlines specified in the general permit to install. The director may
require any person who has submitted a notice of intent to obtain coverage
under an individual or alternative general permit to install. A notice of
intent shall meet the following requirements :
(a) Be submitted to the director, or an
authorized representative, pursuant to Chapter
3745-42 of the Administrative Code
this
chapter.
;
(b) Be submitted with fees identical to those
of an application for an individual permit to install;
.
(c) Be made only on forms deemed acceptable
by the director or an authorized representative;
.
(e)
Contain all of the following :
(i) The general permit to install number
under which authorization to construct is requested;
.
(ii) The name, address, telephone number, and
title of the person requesting coverage under the general permit to install, as
well as, if applicable, the name of an additional contact person;
.
(iii) Except for proposed mobile treatment
units, the location of the disposal system, including the latitude and
longitude of its approximate center, to the nearest five seconds. The latitude
and longitude coordinates shall be provided as: degrees minutes seconds, using
two digits in each space;
.
[Comment: When considering the components of a disposal system,
the latitude and longitude of the approximate center of the treatment works or
the point of connection to the sewerage system, to the nearest five seconds,
should be used for the location. Latitude and longitude are available from USGS
topographical
http://mapping.usgs.gov
(iv) For mobile treatment units, a brief
description of the unit and its intended use;
.
(v) If applicable, a description of the
process generating the discharge, including all of the
following :
(a) The four-digit standard
industrial classification codes or the North America industry classification
system (NAICS) that best represent the principle products or activities
provided by the disposal system;
.
(b) Any
existing quantitative data describing the concentration of pollutants in the
discharge; and
.
(c) The
volume to be discharged, if applicable;
.
(vi) A map showing the location of the
disposal system and, if applicable, any point or points of discharge;
.
(vii) Detailed plans as specified by the
general permit to install; and
.
(viii)
Any other information deemed necessary by the director, or an authorized
representative, as specified in the general permit to install.
(3) A general permit to
install's coverage includes all of the following :
(a) Shall be effective for a fixed term not
to exceed five years;
.
(b)
Shall be automatically terminated unless construction is initiated within
eighteen months after receiving notification
from the date the director
of
grants
coverage under the general permit to install;
.
(c) May only be extended once and only if the
director receives a written request prior to the eighteen-month termination
date. Extensions of coverage under the general permit to install shall not
exceed twelve months; and
.
(d) May
be transferred, pursuant to the requirements in
paragraphs
paragraph (H)
to (H)(2) of rule
3745-42-02
of the Administrative Code.
(D) Administrative changes or modifications
to a general permit to install.
(1) The
director may make administrative changes to a general permit to install to
correct typographical errors, to address new interpretations or recalculations
or for other similar corrections with such changes not subject to the rules of
procedures in Chapter 3745-47
3745-49 of the Administrative Code.
(2) The director may modify a general permit
to install.
(a) When a general permit to
install is modified, only the conditions subject to modification are
reopened.
(b) The director may
issue a general permit to install modification in
either of the following situations :
(i)
When Ohio EPA has received new information about the disposal system or the
geographic area covered by the general permit to install that causes the
director to conclude that the general permit to install should be modified. A
general permit to install may be modified during their terms
the term
for this cause only if the information was not available to the director at the
time of the general permit to install issuance;
or
.
(ii) When standards, criteria or technology
on which the general permit to install was based have been changed by new or
amended statutes or standards or rules or regulations or judicial decisions
enacted, adopted, promulgated or issued after the general permit to install was
issued.
(E) Applicability of rules of procedure. A
general permit to install shall be issued, modified, revoked or denied, or may
be appealed, in accordance with the provisions of the rules of procedure of
Ohio EPA, Chapter 3745-47
Chapters 3745-47 and 3745-49 of the Administrative
Code.
(F) Revocation or denial of
general permit to install coverage.
(1) The
director may revoke or deny a general permit to install's coverage or
individual coverage under a general permit to install during
its
the term
for cause including, but not limited to, the criteria have not been met, or a
determination that any applicable law, rule, regulation, or permit term or
condition has been violated.
(2)
For any revocation or denial of permit to install coverage, the permittee may
request a hearing before the director, in accordance with the provisions of the
rules of procedure within Chapter
3745-47
Chapters 3745-47 and 3745-49 of
the Administrative Code.
[Comment: Revocations and denials are initially issued as proposed actions, which may be adjudicated, and then as final actions, which may be appealed.]
(G) Individual or alternative general permit
to install requirements. The director may require any person who has requested
or obtained coverage under a general permit to install to apply for and obtain
the following :
(1) An individual permit to install.
Circumstances where the director may require an individual permit to install
include, but are not limited to, when
the following :
(a)
The proposed disposal system may have a potential to impact environmentally
sensitive areas, such as highly susceptible ground water containment areas or
wetlands;
.
(b) The
proposed disposal system does not meet the eligibility requirements contained
in the general permit to install;
.
(c) The
applicant has a documented history of noncompliance with laws, rules, or permit
requirements pertaining to surface or ground waters, within five years previous
to the receipt of the application. A history of noncompliance includes, but is
not limited to, documented unsanitary conditions or issuance of finding and
orders; and
.
(d) The
director has revoked the general permit or individual coverage under a general
permit pursuant to Chapter 3745-42 of the
Administrative Code
this chapter
; or
.
(2) An alternative general permit.
Circumstances where the director may require alternative general permit
coverage include, but are not limited to, when
the following :
(a) An alternative general permit has been
issued for a specific geographic area of the state;
.
(b) An alternative general permit has been
issued for a specific category of a disposal system or dischargers;
.
(c) The proposed disposal system does not
meet the eligibility requirements contained in the general permit, or other
conditions or specifications contained in the general permit;
and
.
(d) The director has revoked the general
permit or individual coverage under a general permit pursuant to
Chapter 3745-42 of the Administrative
Code
this chapter .
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.03
Rule Amplifies: 6111.035, 6111.03, 6111.44, 6111.45, 6111.46
Prior Effective Dates: 12/1/2005, 9/1/2009
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