(A) No person shall begin construction or
installation of a public water system,
or
make a substantial change in a public water system,
or
operate a public water system, until plans
therefor have been approved by the director of
environmental protection, unless exempted pursuant to paragraphs (D) to (F) of
this rule. An application for approval of plans for such construction,
installation or substantial change in a public water system, as required by
section
6109.07 of the Revised Code,
shall be submitted to the Ohio EPA in a method approved by the director and
shall consist of all of the following:
(1) One
electronic copy of plan drawings as specified by rule
3745-91-03 of the Administrative
Code.
(2) One electronic copy of
specifications as specified by rule
3745-91-04 of the Administrative
Code.
(3) One electronic copy of a
data sheet as specified by rule
3745-91-05 of the Administrative
Code.
(4) One electronic copy of
supporting information as specified by rule
3745-91-06 of the Administrative
Code.
(5) An electronic submittal
letter
, or owner's signature on the detail plans,
as specified by rule
3745-91-07 of the Administrative
Code.
(B) A person
applying for plan approval for a public water system under section
6109.07 of the Revised Code
shall pay a fee pursuant to section
3745.11 of the Revised Code. The
fee shall be paid at the time the application is submitted, by a method
acceptable to the director.
(C)
General plans containing preliminary information concerning proposed source,
treatment and distribution may be submitted for approval
or for comment.
The
(1)
The director may require submittal of general
plans for
conditional approval
for community and noncommunity water systems
prior to submittal of an application under this rule for projects with a high
degree of complexity, nonstandard technology, unusual features, phased
implementation, compliance schedules or deviations from standards and
guidelines used by the agency.
(2)
General plans are required to be submitted for water
treatment plant design or construction projects that are seeking funding
through the "Water Supply Revolving Loan Account (WSRLA)" and for public water
systems, which conform to any one or combination of the following:
(a)
More than five
hundred service connections.
(b)
Treat for a
primary MCL or HAL.
(c)
Use a surface water source, building a new water
treatment plant or those planning major improvements to water treatment plants
that are beyond the water treatment plant's useful life.
(1)(3) General plans
submitted for conditional approval shall be submitted electronically.
(4)
General plans for
water treatment plant design or construction shall include the following:
(a)
Introduction and
purpose.
(d)
Alternatives considered, including regionalization, and
an explanation for why the selected alternative was chosen. Include a
discussion on compliance with Chapter 6109. of the Revised Code, and the rules
adopted thereunder, and other agency rules, as applicable.
(e)
Selected
alternative and performance justification.
(f)
Preliminary cost
estimate, including operation and maintenance costs, debt service and capital
costs.
(g)
Affordability analysis.
(h)
Compliance
schedule, as applicable.
(i)
Discussion of how the proposed project is consistent
with the system's capital improvement plan and financial capability in the
asset management program, as specified in Chapter 3745-87 of the Administrative
Code.
(2)(5) General plans
concerning proposed wells shall include the following:
(a) Proposed drilling method.
(b) Anticipated well casing
diameter.
(c) Anticipated well
casing depth.
(d) Anticipated total
well depth.
(e) Screen, if
applicable.
(f) Anticipated pump
design rate.
(g) Anticipated
pumping test rate and duration.
(h)
Proposed grout type.
(i)
Driller
Driller's name
and
registration number.
(j) Registration
number.
(D) Public water systems are exempted from
obtaining prior plan approval for replacement waterlines provided the following
conditions are met:
(1) The increase in main
size for pipe less than four inches in diameter is not greater than two inches
in diameter and the increase in main size for pipe four inches in diameter or
greater is not greater than four inches in diameter.
Original Main
Size
|
Change in Pipe
Size
|
less than 4
inch
|
less than or equal to 2
inch
|
greater than or equal to 4
inch
|
less than or equal to 4
inch
|
(2)
The replacement of the waterline complies with the requirements of sections
8.0 through
8.12 of "The Great Lakes-Upper
Mississippi River Board of State and Provincial Public Health and Environmental
Managers' Recommended Standards for Water Works" (2012), except if the sanitary isolation
requirements of section
8.8 cannot be met, the
replacement results in a greater sanitary isolation radius than was previously
in place.
(3) The public water
system has appropriately investigated to ensure pipe replacement does not take
place in an area of known water or soil contamination.
(4) The public water system submits an annual
project summary to the district office on or before January fifteenth that
includes each exempted replacement waterline project completed
that
the
previous year.
(a) Each project summary
shall identify the following items:
(i) On an
updated distribution map, the locations of the exempted replacement
waterlines.
(ii) Type and size of
pipe replaced.
(iii) Type and size
of pipe installed.
(iv) Length of
pipe installed.
(v) Any unusual
conditions encountered during waterline replacement.
(b) The project summary must be signed by a
professional engineer licensed by the state of Ohio who certifies that the
exempted waterline project or projects described in the project summary met
paragraph (D) of this rule.
(E) Hauled water systems are exempt from
obtaining prior plan approval if all the conditions specified in rule
3745-81-02 of the Administrative
Code are met and an acceptable hauled water system application is submitted
containing the following information:
(1)
Location, material and size of tank.
(2) Proposed treatment and abandonment of any
existing equipment.
(3) Information
on abandonment of the existing water source; if abandonment is not planned, how
the plumbing will be separated and labeled to prevent
crossconnections.
(4) Source of
hauled water.
(5) Schedule for
installation and completion of the replacement system.
(F) Ground water noncommunity public water
systems serving less than two hundred and fifty persons are exempt from
obtaining prior plan approval for the installation of ion exchange softeners
and cartridge filters if the following conditions are met:
(1) The components comply with rule
3745-83-01 of the Administrative
Code.
(2) The public water system
submits the following information:
(a) For ion
exchange softeners, the number and size of units, the system well capacities,
the loading rate
and backwash rate, source of backwash
water, the blending information and the method of brine
disposal.
(b) For cartridge
filters, the number of units, the system well capacities, the manufacturer and
model number, whether the units are cleanable or disposable, and the
manufacturer's capacity recommendation.
(3) The system does not have a raw water
nitrate result greater than five milligrams per liter or an inorganic result of
greater than eighty per cent of the maximum contaminant level for applicable
contaminants as defined in Chapter 3745-81 of the Administrative
Code.
(G) Prior plan
approval is required if the conditions for any of the exemptions in paragraphs
(D) to (F) of this rule are not met. Failure to obtain plan approval or meet
the conditions of any of the exemptions is a violation of this rule.
(H) Public water systems shall remove
equipment that is not required to meet safe drinking water regulations when it
is no longer intended for use on a temporary, seasonal or permanent basis, no
longer in working order or poses a potential threat to water quality. Plan
approval prior to the removal of this equipment is required unless written
agreement from the director to the public water system indicates plan approval
is not required.
[Comment: "Recommended Standards for Water Works"
2012
2018
edition. Copies are available from "Ohio EPA, Lazarus Government Center, 50
West Town Street, Suite 700, Columbus, OH 43215," (614) 644-2752 or online at
http://10statesstandards.com
or www.epa.ohio.gov/ddagw
https://epa.ohio.gov/divisions-and-offices/drinking-and-ground-waters.]
Notes
Ohio Admin. Code 3745-91-02
Effective:
8/12/2023
Five Year Review (FYR) Dates:
4/6/2022 and
08/12/2028
Promulgated
Under: 119.03
Statutory Authority: 6109.04
Rule
Amplifies: 6109.04, 6109.07
Prior Effective Dates: 11/26/1980,
12/01/1993, 12/01/1999, 01/01/2002, 12/31/2006, 05/20/2010, 04/19/2012,
06/13/2016, 03/01/2022