Ohio Admin. Code 3745-42-11 - Holding tanks
(A) Purpose. The purpose of this rule is to
establish the permit to install application requirements, management plan
application requirements, design standards, siting restrictions and operation
and maintenance requirements for any holding tank. This rule contains the following additional
paragraphs:
(1) Paragraph (B): exclusions from
this rule;
(2) Paragraph (C): prohibitions and
restrictions;
(3) Paragraph (D): permit to install
exemptions;
(4) Paragraph (E): general
requirements: permits to install, holding tanks that contain industrial waste
and management plans;
(5) Paragraph (F): design
requirements for a holding tank that will contain sewage or industrial
waste;
(6) Paragraph (G): holding tank
management plan requirements for a sewage holding tank;
(7) Paragraph (H): record keeping
requirements for any holding tank;
(8) Paragraph (I): holding tank
decommissioning requirements; and
(9) Paragraph (J): compliance,
enforcement and oversight.
(B) Exclusions from this rule.
This rule does not apply to, and no
A permit to install or management plan is
not required for any of
the following :
(1) Any portable toilet
that does not have a connection to a water supply;
or
.
(2) A portable unit for the storage of sewage
or industrial waste that meets all of the following :
(a) Is dropped off and picked up for off-site
recycling, treatment or disposal, including but not limited to "totes" or
"roll-offs"; and
.
(b) Has
a total sewage storage volume of five hundred gallons or less;
.
[Comment: Some portable units include individual storage tanks for the discharge from sinks and the discharge from toilets. The total additive volume of both tanks shall not exceed five hundred gallons.]
(3) A holding tank that is
regulated by rules
3745-55-90
to
3745-55-99
of the Administrative Code or rules
3745-66-90
to
3745-66-101
of the Administrative Code; or
.
(4) A holding tank that is an underground
storage tank and is regulated by rule
1301:7-9-06
of the Administrative Code.
(C) Prohibitions and restrictions.
(1)
Replacement
A sewage
holding tank for existing onsite sewage disposal system or other unauthorized discharging system prohibition.
Except as provided in paragraphs (C)(3) to (C)(4)(c)(iii)
(C)(4)(d)(iii) of this rule,
no replacement
a sewage holding tank shall not be installed to replace an existing onsite sewage
disposal system or other unauthorized discharging
system except in the following instances :
(a)
Except
when
When the existing onsite sewage
disposal system or other unauthorized discharging
system has resulted in a nuisance, a human health risk or a risk to the
environment and centralized sewers are not available and there is no other
viable treatment alternative for the site;
or
.
(b)
Except
when
When the existing onsite sewage
disposal system or other unauthorized discharging
system has resulted in an un-permitted discharge to waters of the state
and centralized sewers are not available and there is no other viable treatment
alternative for the site.
(2) New sewage holding tank prohibition.
Except as provided in paragraphs (C)(2)(a) to (C)(2)(c) of this rule and
paragraphs (C)(3) to (C)(4)(c)(iii)
(C)(4)(d)(iii) of this rule,
no
a new
sewage holding tank shall not be installed to
serve a building that is currently not served by a disposal system
unless
except in the
following instances :
(a) Sanitary
sewers are currently unavailable and inaccessible, but they are under
construction or a contract for construction has been signed at the time the
permit to install application is received by the director or an authorized
representative;
.
(b)
Sewers will be available within twelve months of the date the permit to install
application was received; and
.
(c) The
building will be connected to sanitary sewers within twelve months of the date
the permit to install application was received.
(3) The director may allow a sewage holding
tank, provided it is located within a recreational vehicle park, a recreation
camp, a combined park-camp, or a temporary park-camp for which Ohio EPA shall
adopt rules under section
6111.46 of the Revised Code and
is designed in accordance with this rule.
[Comment: The definitions for "recreational vehicle park", a "recreation camp", a "combined park-camp", and a "temporary park-camp" can be found in Chapter 3701-26 of the Administrative Code.]
(4) The director may allow a sewage holding
tank, when the sewage holding tank is designed in accordance with this rule and
any of the following scenarios apply :
(b)(c) Will be used for
not more than one occurrence of less than twenty-one consecutive days in any
calendar year; or
.
(c)
(d) Will be used to
serve a temporary construction trailer, provided the temporary construction
trailer meets all of the following conditions :
(a) Will be utilized as a vault privy and not
connected to a water supply;
.
(b)
Will be a proprietary stand alone, self-contained
system, not connected to a water supply other than a water tank that is
constructed as part of the unit and the volume of the water tank is less than
the volume of the sewage holding tank, and will not serve a residence or
business.
(i) Will be used solely for business
purposes;
.
(ii)
Will not be used as a residence; and
.
(iii)
Will be removed from service and decommissioned in accordance with paragraphs
(I) to (I)(3)(d) of this rule.
(5)
The director may
allow a sewage holding tank not otherwise authorized by this rule, when the
sewage holding tank is designed in accordance with this rule and extreme site
circumstances warrant no other viable option. For the purposes of this rule,
extreme site circumstances may include, but are not be limited to, the
following:
(a)
Project site restrictions provide no feasible discharge location, and no
adequate soils exist for soil absorption.
(b)
Sewage chemical
or biological characteristics are not conducive or amenable to standard
biological treatment alternatives.
(c)
Sewage flow is so
variable it is not conducive or amenable to standard biological treatment
alternatives.
(D) Permit to
install exemptions. No
A permit to install is not required for the modification of a holding tank,
when the modification will do either of the
following :
[Comment: Regardless of a permit to
install exemption, the director may require a holding tank management plan, in
accordance with paragraphs (G)(3) to (G)(3)(b) (iii) of this
rule.]
(1) Replace a holding
tank's equipment or parts with like equipment or like parts; or
.
(2) Make minor repairs or minor
modifications, as determined by the director or an authorized representative,
that do not change the overall capacity, operation or maintenance of the
holding tank.
(E)
General requirements: permits to install, holding tanks that contain industrial
waste and management plans.
(1) Permit to
install requirements.
(a) Except as provided
in paragraphs (B) to (B)(4) of this rule
and paragraphs (D)
to (D)(2) of this rule,
no
a person
shall not cause, permit or allow the installation
or modification of a holding tank without first obtaining a permit to install
from the director.
(b) For any
holding tank to be used as a replacement for an existing sewage disposal
system, the applicant shall demonstrate to the director's satisfaction that
connecting to a sanitary sewer or constructing an onsite sewage disposal system
is not feasible. At a minimum, the applicant shall submit the following
information to the director or an authorized representative for consideration
and determination:
(i) A cost comparison of
disposal system alternatives that includes the installation and annual
operating costs for all of the following :
(a) A holding tank;
.
(b) Connecting to sanitary sewers; and
.
(c) At least two other onsite disposal system
alternatives;
.
(ii) Demonstration that the cost of
connecting to sewers or installing and operating the onsite alternatives is not
affordable;
.
(iii) A
letter from the local sewer authority, locating the nearest sanitary
sewer;
.
(iv) A
site plan for the lot where the holding tank is being proposed, showing the
size and location of any building and the size and location of any proposed
holding tank;
.
(v)
Demonstration that a sewage disposal system is required for the building
because the state or local plumbing code requires that restrooms or running
water be provided for the building;
.
(vi)
Whether the building that the holding tank will serve is proposed or
existing;
.
(vii) A
narrative description of the operations, including;
all of the
following:
(a) The number of employees
or occupants that will generate sewage;
.
(b) The
average daily flow estimate and the peak daily flow estimate of sewage to be
generated at the facility over the course of a week;
.
(c) The types of wastewater generated; and
.
(d) Whether the operations will be seasonal
or year-round;
.
(viii) A site specific soil evaluation that
includes a site specific soil map that locates, as necessary, any soil probes,
any soil delineations, any soil pits or any soil borings. In addition to the
information in the general soil survey, the location of any soil delineations
and the location and number of soil probes, pits or borings necessary to
describe the soil conditions shall be determined by a professional soil
scientist for the site. The soil delineations, soil probes, soil pits or soil
borings shall include the following :
(a) Be performed or evaluated by a
professional soil scientist;
.
(b) Be
taken prior to any construction activities;
and
.
(c) Be done to a minimum depth of thirty
inches below natural grade. To protect public health or the environment, the
director or authorized representative may require deeper soil probes, soil pits
or soil borings. In areas where glacial till and fractured bedrock substratum
soils are in close proximity, the soil investigation shall be done to a depth
of at least fifty inches or until bedrock is encountered.
[Comment: The Ohio department of natural resources
http://www.dnr.state.oh.us/tabid/9051/default.aspx
http://www.ohiopedologist.org/
(2) General
requirements for holding tanks that contain industrial waste.
(a) Except as provided in
paragraphs
paragraph (E)(2)(b) to
(E)(2)(b)(ii) of this rule, for any holding tank that will contain
industrial waste, the proposed holding tank shall be used exclusively to
collect, hold or store industrial waste.
(b) The director may allow a holding tank to
collect, hold or store both industrial waste and sewage provided
the following :
(i) The maximum daily flow of sewage flow
into the holding tank does not exceed twenty-five gallons per day; and
.
(ii) The holding tank is designed as if it
contains solely industrial waste, in accordance with this rule.
(3) General
requirements for a sewage holding tank management plan.
(a) For any sewage holding tank installed
after the effective date of this rule
September 1, 2009 , no
a person shall
not cause, permit or allow the operation of a
holding tank without first obtaining a holding tank management plan in
accordance with paragraphs (G) to (G)(3)(b)
(iii)
paragraph (G) of this
rule.
(b) Fees. The fee for a
holding tank management plan application is as
follows.
[Comment: Information regarding Ohio EPA fees can be found in section 3745.11 of the Revised Code.]
(i) When a holding tank
management plan is part of the permit to install application, the only
application fee required is the permit to install application fee. No separate
application fee or director's action is required for a holding tank management
plan.
(ii) When any holding tank
management plan is submitted in the absence of a permit to install, such as a
renewal or as a result of noncompliance in accordance with
paragraphs
paragraph (J) to (J)
(3) of this rule, the holding tank management plan application fee
shall apply.
(iii) When a holding
tank management plan application is submitted as a termination of the holding
tank management plan, no fee is required.
(F) Design requirements
for a holding tank that will contain sewage or industrial waste.
(1) For any in-ground or partially in-ground
holding tank, an applicant shall, at a minimum, incorporate the following into
their
the
applications and into their
the design and
operation of the holding tank and related equipment:
(a) The inner surface or the lining of the
holding tank shall be compatible with the sewage or industrial waste that the
tank is proposed to hold;
.
(b) The
holding tank shall not leak from its sides, bottom, seams or top;
.
(c) The holding tank shall meet or exceed H
20 loading if the tank is completely below ground;
.
(d) The holding tank foundation shall be
capable of supporting the holding tank when the tank is full of sewage or
industrial waste and shall be capable of preventing uplift of the tank when the
tank is empty;
.
(e) The
holding tank shall be designed and constructed without storm water connections
and to prevent inflow and infiltration from entering the holding tank;
.
(f) For any holding tank connected to a water
supply, the tank shall be equipped with the following features:
(i) A liquid level device that is connected
to an autodialer and a light alarm system located in a staffed location where,
to the greatest extent practicable, the alarm will be heard by employees
present on site, or an audio/visual alarm located in a visible location above
ground at the tank's site. The alarm system shall be activated when the level
of sewage or industrial waste reaches seventy-five per cent of the holding tank
capacity and the alarm signal shall be transmitted to a staffed location or
clearly visible to a staffed location;
and
.
(ii) Odor control measures, if necessary, to
prevent nuisance conditions;
.
(g) The tank shall be labeled, or a legible
sign shall be placed immediately adjacent to the holding tank, with the words
"Non-Hazardous Sewage" or "Non-Hazardous Industrial Waste," whichever term
applies to the tank in question;
.
(h)
Signs that direct persons to notify the Ohio environmental protection agency's
spill hotline (1-800-282-9378) in an event of a release shall be placed in
clearly visible locations around the tank;
.
(i) The application shall include an
operation and maintenance plan that, at a minimum, contains all of the
following:
(i) A schedule for emptying the
waste from the tank and hauling the waste for recycling, treatment or
disposal;
.
(ii)
Measures for spill control;
.
(iii) Standard operating procedures for
filling, operating, and emptying the tank;
and
.
(iv) As applicable, a plan for the operation
and maintenance of the equipment required in paragraphs
paragraph
(F)(1)(f) to (F)(1)(f)(ii) of this
rule; and
.
(j) For any in-ground or partially in-ground
holding tank that is designed to contain, store or hold sewage, the holding
tank shall meet the following limitations:
(i) Unless otherwise determined by the
director, the maximum allowable design flow into the tank shall not exceed six
hundred gallons per day;
.
(ii) The
design of the tank shall provide for a minimum storage capacity of ten times
the daily design flow; and
.
(iii)
The tank volume shall be greater than or equal to one thousand gallons and less
than or equal to seven thousand five hundred gallons.
(2) For any above-ground holding
tank, an applicant shall, at a minimum, incorporate the following into
their
the
applications and into their
the design and
operation of the holding tank and related equipment:
(a) The inner surface or the lining of the
holding tank shall be compatible with the sewage or industrial waste that
it
the tank is
holding;
.
(b) The
holding tank shall be equipped with the following features:
(i) For a remotely or automatically filled
holding tank, a liquid level device connected to an autodialer and a light
alarm system located in a staffed location, or a liquid level device connected
to an audio/ visual alarm located in a visible location above ground at the
tank's location. The alarm system shall be activated when the level of sewage
or industrial waste reaches seventy-five per cent of the holding tank capacity
and the alarm signal shall be transmitted to a staffed location or clearly
visible to a staffed location;
.
(ii) For
a manually filled holding tank, a visual or sight glass type of level
measurement; and
.
(iii)
Odor control measures, if necessary, to prevent nuisance conditions;
.
(c) The tank shall be labeled, or
a legible sign shall be placed immediately adjacent to the holding tank, with
the words "Non-Hazardous Sewage" or "Non-Hazardous Industrial Waste," whichever
term applies to the tank in question;
.
(d)
Signs that direct persons to notify the Ohio environmental protection agency's
spill hotline (1-800-282-9378) in an event of a release shall be placed in
clearly visible locations around the tank;
.
(e) The application shall include an
operation and maintenance plan that, at a minimum, contains all of the
following:
(i) A schedule for emptying the
waste from the tank and hauling the waste to off-site recycling, treatment or
disposal;
.
(ii)
Measures for spill control;
.
(iii) Standard operating procedures for
filling, operating, and emptying the tank;
and
.
(iv) As applicable, a plan for the operation
and maintenance of the equipment required in paragraphs
paragraph
(F)(2)(b) to (F)(2)(b) (iii) of this
rule; and
.
(f) In addition, above-ground holding tanks
that are designed to contain, store or hold sewage shall meet the following
limitations:
(i) Unless otherwise determined
by the director, the maximum allowable design flow into the tank shall not
exceed six hundred gallons per day;
.
(ii) The
design of the tank shall provide for a minimum storage capacity of ten times
the daily design flow; and
.
(iii)
The tank volume shall be greater than or equal to one thousand gallons and less
than or equal to seven thousand five hundred gallons.
(3) Except as provided in
paragraphs
paragraph (F)(3)(d) to
(F)(3)(d)(ii) of this rule, secondary containment, as described in
this rule, shall be provided for above-ground, in-ground or partially in-ground
holding tanks that contain, store or hold industrial waste. Secondary
containment is not required for above-ground, in-ground or partially in-ground
tanks that only contain, store or hold sewage unless the director or an
authorized representative determines that secondary containment for such tanks
is needed to protect human health or the environment.
(a) The secondary containment system shall be
designed, installed, and operated to prevent any migration of waste from the
tank to the soil, ground water, or surface water. The secondary containment
system shall be capable of detecting the release of any waste from the tank,
and collecting such released waste until the collected waste is
removed.
(b) Secondary containment
system for holding tank containing industrial waste shall be, at a minimum, all of the following :
(i) Constructed of or lined with materials
that are compatible with the wastes to be placed in the holding tank and have
sufficient strength and thickness to prevent failure due to pressure gradients
(including static head and external hydrological forces), physical contact with
the waste to which they may be exposed, climatic conditions, the stress of
installation, and the stress of daily operation (including stresses from nearby
vehicular traffic);
.
(ii)
Placed on a foundation or base capable of supporting the secondary containment
system and resisting pressure gradients above and below the system and capable
of preventing failure due to settlement, compression, or for any in-ground or
partially in-ground holding tank, preventing failure due to uplift;
.
(iii) Equipped with leak detection systems
that are designed and operated to detect the failure of either the holding tank
or the secondary containment structures or any release of industrial waste or
accumulated waste in the secondary containment system within twenty-four hours
of the leak, or at the earliest practicable time if the existing detection
technology or site conditions will not allow detection of a release within
twenty-four hours; and
.
(iv)
Sloped or otherwise designed to drain and facilitate removal of waste resulting
from leaks, spills, or precipitation. Spilled or leaked waste and accumulated
precipitation shall be removed from the secondary containment system within
twenty-four hours of becoming aware of the spill or leak, or as soon as
possible to prevent harm to human health or the environment, if removal of the
released waste or accumulated precipitation cannot be accomplished within
twenty-four hours.
(c)
Secondary containment for holding tanks containing industrial waste shall
include one or more of the following devices:
(i) A liner (external to the tank);
.
(ii) A vault;
.
(iii) A double-walled tank;
or
.
(iv) An equivalent device as approved by the
director.
(d) Secondary
containment for holding tanks as specified in this rule is not required if the
following criteria are met:
(i) The
industrial waste only contains a
does not include any contaminant listed in table 1 of
rule
3745-51-24
of the Administrative Code in concentrations greater
than fifty per cent or less of the
regulatory level listed for that contaminant in
table 1 of rule
3745-51-24
of the Administrative Code; and
.
(ii) The
pH of the industrial waste will be greater than five standard units and less
than twelve standard units.
(G) Holding tank management plan requirements
for a sewage holding tank.
(1) The director
may deny any sewage holding tank management plan application not in compliance
with this chapter and require the submittal of a new management plan
application, including all applicable fees, to be submitted to the director or
an authorized representative, in accordance with the director's
notification.
(2) For any sewage
holding tank installed after the effective date of
this rule
September 1, 2009 and except as
provided in paragraphs (B) to (B)(4) and
paragraphs (G)(3)
to (G)(3)(b)(iii) of this rule, no person
shall install or operate a sewage holding tank without first obtaining a
permit to install and holding tank management
plan approval from the director. A holding tank management plan
includes all of the following :
(a) Approval is effective for up to five
years, starting from the date it was approved by the director. A renewal
holding tank management plan shall be submitted to Ohio EPA at least six months
prior to expiration of any existing holding tank management plan.
(i) If a person submits a renewal holding
tank management plan six months prior to expiration of the existing plan and
Ohio EPA has not approved the new holding tank management plan prior to the
expiration of the existing holding tank management plan, the existing holding
tank management plan shall be effective until the new holding tank management
plan is acted upon by the director.
(ii) If a person does not submit a new
holding tank management plan six months prior to expiration of the existing
plan, the existing holding tank management plan will expire at the end of the
five years;
.
(b) Application shall be on forms approved by
the director; and
.
(c)
Application shall be in narrative form and shall include
the following :
(i) The physical location of the holding
tank, including the street address, the city or village, the zip code, the
county and the township;
.
(ii) The
dimensions of the holding tank;
.
(iii)
The volume of the holding tank;
.
(iv) The
maximum number of employees or inhabitants the holding tank will serve on a
daily basis;
.
(v) The
name of the licensed hauler who will haul the holding tank waste;
.
(vi) A detailed description of the method or
methods used for the handling, storage and disposal of the holding tank
contents, including the following :
(a) Information on how sewage spills or
runoff will be prevented or contained during pump outs;
.
(b) A copy of the contract with a local
hauler, who will haul the holding tank contents, including the cost for the
hauler to haul the waste; and
.
(c) As
applicable, confirmation that the hauler is licensed through a local health
department to haul wastes; and
.
(vii) The name and address of the receiving
facility permitted by the applicable regulatory authority and documentation
from the receiving facility that it is willing to receive the sewage from each
hauling event.
(3) For any sewage holding tank installed
prior to the effective date of this
rule
September 1, 2009 :
(a) The sewage holding tank shall be
protective of public health and the environment.
(b) The director may require any person that
operates or owns a sewage holding tank to submit a holding tank management plan
in accordance with the director's notification and paragraphs (G)(2) to
(G)(2)(c)(vii) of this rule, where the director or an authorized representative
has determined any of the following :
[Comment: Fulfilling the requirement
for a management plan does not preclude the director from pursuing enforcement
action for situations where a holding tank has been installed without a permit
to install.]
(i)
Has determined that
That a risk to human health or the environment
exists;
.
(ii)
Has determined that
That the holding tank was installed without a permit
to install; or
.
(iii)
Has determined that
That a holding tank is serving a purpose for which it
was not originally designed and permitted.
(H) Record keeping requirements for any
holding tank. Any person who owns or operates a holding tank shall keep the
following records at the facility for the time specified and make these records
available to the director, or an authorized representative, within a reasonable
time upon request:
(1) Holding tank
construction and installation records, including a copy of the approved permit
to install, until the holding tank is decommissioned in accordance with
paragraphs
paragraph (I) to
(I)(3)(d) of this rule;
.
(2) If
applicable, a copy of the effective holding tank management plan;
.
(3) Operating records for holding tanks for a
period of three years. The records shall include, at a minimum, the following :
(a)
Each date that the sewage or industrial waste was hauled;
.
(b) The volume and description of each source
of sewage or industrial waste. This may include
sampling or monitoring of tank contents, as appropriate
;
.
(c) The name and address of the receiving
facility;
.
(d) The
name of the hauler and, for any sewage holding
tank, confirmation that the hauler is licensed through a local health
department to haul wastes; and
.
(e) As
applicable, documentation from the receiving facility that
it
the
facility has received the sewage or industrial waste from each hauling
event.
(I)
Holding tank decommissioning requirements.
(1) For any above-ground holding tank, the
owner or operator of the tank shall perform all of the
following :
(a) Pump and haul the entire
contents of the tank for recycling, treatment or disposal at a facility that
has been permitted by the applicable regulatory authority; and
.
(b) Clean the holding tank and appurtenant
areas, as necessary.
(2)
For any in-ground or partially in-ground holding tank, the owner or operator of
the tank shall perform all of the following :
(a) Pump and haul the entire contents of the
tank for recycling, treatment or disposal at a facility that has been permitted
by the applicable regulatory authority;
.
(b)
Clean the holding tank and related areas as necessary; and
.
(c) Decommission the in-ground or partially
in-ground holding tank with one of the following options:
(i) Remove the holding tank from the
ground; or
.
(ii)
Fill the holding tank with clean sand, soil, or other inert material; or
.
(iii) Permanently change the function of the
holding tank pursuant to the permit to install application requirements of this
rule.
(3) The
owner or operator of the holding tank shall notify the director or an
authorized representative of the following within thirty days of the holding
tank decommissioning:
(a) The name and address
of the facility where the holding tank is located, the name of the owner and
the name of the operator;
.
(b) The
date the holding tank was decommissioned;
.
(c) The most recent date the sewage or
industrial waste was pumped and hauled, as specified in paragraph (H)(3)(a) of
this rule; and
.
(d) A
brief description of how the holding tank was decommissioned.
(J) Compliance,
enforcement and oversight.
(1) A holding tank
shall be designed, operated and maintained in accordance with this
rule.
(2) The director may deny any
holding tank permit to install or management plan application not in compliance
with this rule and require the submittal of a new permit to install or
management plan application, including all applicable fees, to be submitted to
Ohio EPA within thirty days of the final action.
(3) The director may revoke any holding tank
management plan not in compliance with this
rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.03
Rule Amplifies: 6111.03, 6111.44, 6111.45, 6111.46
Prior Effective Dates: 12/1/2005, 9/1/2009
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