Ohio Admin. Code 3745-5-12 - Record keeping, reporting requirements, compliance, enforcement, and oversight
(A) Record keeping. Upon request by the
director or the director's authorized representative, any permittee, qualified
soil and water conservation professional or other person participating in the
administration of an approved water quality trading management plan shall make
available, within a reasonable time for inspection and copying, all records
pertaining to those activities, including the
following:
(1) Any records that are
maintained to document point source-point source trades;
.
(2) Any records that are maintained to
document point source-nonpoint source trades;
.
(3) Water quality monitoring data collected
as part of the water quality trading activities;
and
.
(4) Any records necessary to assess the
effectiveness of a BMP to reduce a pollutant load.
(B) Reporting requirements. Upon discovering
that water quality credits are insufficient to achieve compliance with an NPDES
permit, a permittee shall complete all of the
following:
(1) Notify the director, in
writing and within seven days of discovery;
.
(2) Act as expeditiously as possible, but no
later than ninety days from the date of discovery, to comply with its NPDES
effluent limit through either:
.
(a) Obtaining
sufficient water quality credits; or
.
(b)
Reducing its hydraulic discharge or its pollutant loading to waters of the
state; and
.
(3) Notify the director in writing, within
seven days of achieving compliance.
(C) Compliance, enforcement and oversight.
(1) Any permittee who participates in water
quality trading activities is responsible for meeting all applicable permit
requirements, including all NPDES permit effluent limits.
(2) The director may deny any water quality
trading management plan application not in compliance with this
chapter.
(3) For any water quality
trading activities in effect that are not in accordance with an approved water
quality trading management plan, except those water quality trading activities
covered under paragraph (D) of rule
3745-5-04 of the Administrative
Code, the director may do either of the
following:
(a) Require the submittal of
a new water quality trading management plan application, including all
applicable fees, to be submitted to Ohio EPA within thirty days; or
.
(b) Revoke the approved water quality trading
management plan.
(4)
Participating in water quality trading activities does not prevent the director
from taking enforcement action for violations of Chapter 6111. of the Revised
Code or any other applicable rules or laws.
(5) The director may require an evaluation of
water quality trading activities that includes all of
the following:
(a) Describes the number
and types of water quality trades;
.
(b)
Includes the costs for purchasing water quality credits;
.
(c) Includes any administrative costs, grant funding and in kind benefits received
associated with water quality trading activities;
.
(d) Provides a determination of any net cost
savings resulting from the water quality trading activities;
.
(e) Includes an assessment of the overall
environmental and the economic effectiveness of the water quality trading
activities; and
.
(f)
Describes any need for corrective measures.
(6) The director may reduce the scope of the
evaluation required under paragraph (C)(5) of this rule based on consideration
of factors, such as the number of trades that occurred, the number of nonpoint
source BMPs that were implemented, the status of the BMPs, and the overall
participation level in the trading activities.
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.03, 6111.04
Rule Amplifies: 6111.03, 6111.04
Prior Effective Dates: 01/01/2007, 11/01/2012
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