[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)
Definitions.
(1)
"Centralized
collection and treatment" means a disposal system that serves more than one
source of sewage, industrial waste, or other waste.
(2)
"Larger common
plan of development or sale" means a contiguous area where multiple separate
and distinct construction activities may be taking place at different times on
different schedules under one plan.
[Comment: This definition was taken
from the Ohio national pollutant discharge elimination system (NPDES) general
permit for storm water discharges associated with construction
activity.]
(B)
Purpose and
applicability.
(1)
The purpose of this rule is to establish, as part of a
permit to install and plan approval program under Chapter 6111. of the Revised
Code, a definition for best available technology for disposal systems permitted
under this chapter.
(2)
This rule is applicable to disposal systems designed
to treat sewage, industrial waste and other waste. Except as provided in
paragraph (C) of this rule, a disposal system shall meet best available
technology criteria to be approved.
[Comment: A brief description of how a
project achieves best available technology is required to be submitted as part
of a permit to install application or plan approval in accordance with rule
3745-42-03
of the Administrative Code.]
(C)
Exemptions.
(1)
The director, by order, may grant or deny an exemption for any person from the
sanitary sewer connection criteria in paragraphs (D)(1)(a)(i) to (D)(1)(a)(v)
of this rule and permit the installation of an alternative disposal system. It
is the burden of the petitioner requesting the exemption to demonstrate to the
satisfaction of the director that technical, financial, environmental, legal or
physical barriers prevent connection to sanitary sewers. The petitioner shall
also have the burden of demonstrating to the satisfaction of the director that
the alternative to the sanitary sewer connection will not adversely affect
human health or the environment.
(2)
A petition for
exemption shall be submitted in writing and signed in accordance with rule
3745-42-03
of the Administrative Code, prior to submittal of any NPDES permit, permit to
install or plan approval applications for the alternative disposal system, and
shall include, at a minimum, the following:
(a)
Description of
project.
(b)
Identification and justification of technical,
financial, environmental, legal or physical barrier.
(c)
Description of
the alternative disposal system.
(d)
Any additional
information as the director may require to protect human health or the
environment.
(3)
An incomplete petition shall not be considered. Any
petitioner who submits an incomplete petition shall be notified within thirty
days of receipt of the application of the nature of deficiency and of the
director's refusal to consider the petition until the deficiency is corrected.
Failure to correct the deficiency within thirty days of notice shall result in
denial of the petition.
(4)
The director shall grant or deny the petition for
exemption by order within ninety days of the date on which a complete petition
for exemption is received.
(5)
The director may
revoke an exemption approved in accordance with paragraphs (C)(1) and (C)(2) of
this rule if any condition upon which the exemption was issued
changes.
(D)
Best available technology for connection into sanitary
sewers.
(1)
Connection into existing publicly owned or regional sanitary sewers shall be
required for the disposal of sewage when said sewers are accessible and
available. Accessible and available shall be determined as follows:
(a)
The connection
would not conflict with either any areawide waste treatment management plan
adopted in accordance with section 208 of the act, in accordance with section
6111.03 of the Revised Code,
approved regional sewage service and treatment plan or a connection ban imposed
in accordance with Chapter 3745-11 of the Administrative Code.
(b)
The disposal
system receiving the sewage has or is expected to have capacity to adequately
collect and treat the sewage.
(c)
For an existing
structure, where any part of a structure from which the waste is generated is
within three hundred feet of the nearest boundary of the right-of-way within
which the existing sanitary sewer is located.
[Comment: For example, if an existing
business is located two hundred and forty feet from the corner of the building
to the sanitary sewer right-of-way, the business will be required to connect to
the sewer.]
(d)
For a proposed structure not included within a larger
common plan of development or sale, where any property line of the lot is
within three hundred feet of the nearest boundary of the right-of-way within
which the existing sanitary sewer is located.
[Comment: For example, if a new
business is proposed on a single lot, and the edge of the property line is two
hundred and ninety feet from the existing sanitary sewer right-of-way, the
business will be required to connect to the sewer.]
(e)
For two or more
proposed structures (e.g., commercial business park), where any property line
of the larger common plan of development or sale is within a distance of two
hundred feet multiplied by the number of proposed structures up to a maximum
distance of five thousand feet from the nearest boundary of the right-of-way
within which the existing sanitary sewer is located, measured from the closest
property line to the sanitary sewer right-of-way.
[Comment: For example, if phase one of
a proposed commercial park will contain five structures, and phase two of the
project, that will not be constructed for six years, will contain six
structures, and the sanitary sewer right-of-way is one thousand four hundred
feet away from the nearest property line in phase one of the development, the
commercial park will be required to connect since two hundred feet per
structure multiplied by eleven structures equals two thousand two hundred feet,
which is greater than one thousand four hundred feet. It should be noted that
even if phase two is constructed first, connection to sewers would be required
since the larger plan of development results in a structure being located
within two thousand two hundred feet.]
(f)
On a case by
case basis for sewage generated at industrial processing operations taking into
consideration factors including but not limited to volume of waste to be
disposed, ability of permittee to operate an individual disposal system,
demonstrated economic hardship and compliance with other applicable rules and
laws.
[Comment: Industrial processing
operations can include businesses that generate industrial or other waste, such
as metal finishing operations and food processing facilities, and have the
potential to co-mingle sewage.]
(2)
Installation of
new centralized collection and treatment shall be required for the disposal of
sewage when the cumulative design flow of sewage for a proposed larger common
plan of development or sale is greater than twenty-five thousand gallons per
day if sanitary sewers are not accessible or available as per paragraph (D)(1)
of this rule. This requirement does not preclude multiple or "cluster" type
systems.
[Comment: Multiple and cluster type
systems are subject to permit to install rules in this chapter.]
(3)
The
director may permit the installation of an alternative disposal system for the
disposal of industrial waste on a case by case basis taking into consideration
factors including, but not limited, to compatibility of waste, treatability of
waste, volume of waste to be disposed, ability of the applicant to operate an
individual disposal system, demonstrated economic hardship and compliance with
other applicable rules and laws, including rule
3745-1-05 of the
Administrative Code.
[Comment: Connection into an existing
publicly owned or regional sanitary sewer for the disposal of industrial waste
when said sewer is accessible and available as defined in paragraph (D)(1) of
this rule is preferred.]
(4)
In order to
protect human health and the environment, the director may order, as authorized
under Chapter 6111. of the Revised Code, the connection into existing sanitary
sewers or installation of new centralized collection and treatment in
situations beyond the connection distances or flow values stated in this
rule.
[Comment: Chapter 6111. of the Revised
Code requires the director to give consideration to the technical feasibility
and economic reasonableness in the issuance of the order.]
(5)
Notwithstanding the issuance or non-issuance of a permit to install or plan
approval for a non publicly owned or non regional disposal system treating
sewage, whenever a publicly owned or regional sanitary sewer system becomes
accessible and available, the permittee shall properly abandon the disposal
system and connect into the publicly owned or regional sanitary sewer system
and properly close the disposal system. Connection into the publicly owned or
regional sanitary sewer system shall be made within three years of
accessibility and availability, unless an alternative time frame is authorized
by the director, considering the age of the disposal system, level of treatment
being provided, economic hardship, and compliance with applicable
laws.
(6)
Notwithstanding the issuance or non-issuance of a
permit to install or plan approval for a disposal system treating industrial
waste or other waste or industrial waste or other waste and sewage, whenever a
publicly owned or regional sanitary sewer system becomes accessible and
available, the director may require the disposal system to be properly
abandoned and connected into the publicly owned or regional sanitary sewer
system and properly modify or close the disposal system and may consider
factors including, but not limited, to compatibility of waste, treatability of
waste, volume of waste to be disposed, economic hardship and compliance with
other applicable laws. The director shall specify a time frame for
connection.
(E)
Best available technology for treatment of sewage,
industrial waste and other waste. As applicable, the applicant shall include
the following items in the disposal system design or treatment technology
selection:
(1)
Effluent limitations or design criteria listed in the definition of best
available demonstrated control technology in rule
3745-1-05 of the
Administrative Code.
[Comment: Rule
3745-1-05 of the
Administrative Code contains specific effluent limitations or design criteria
for sanitary wastewater treated by conventional treatment technologies,
industrial direct discharges, categorical industrial indirect discharges and
wastewater discharges resulting from clean-up of response action sites
contaminated with volatile organic compounds.
(2)
Effluent
limitations established under Chapter 3745-33 of the Administrative
Code.
(3)
Design criteria required under this
chapter.
(4)
Industrial waste pre-treatment standards required
under Chapters 3745-3 and 3745-36 of the Administrative Code.
(5)
Treatment
standards for sewage sludge required under Chapter 3745-40 of the
Administrative Code.
Notes
Ohio Admin. Code
3745-42-07
Effective:
3/31/2017
Five Year Review (FYR) Dates:
12/20/2021
Promulgated
Under: 119.03
Statutory
Authority: 6111.03
Rule
Amplifies: 6111.03
