Ohio Admin. Code 1501-2-05 - Water diversion permit applications
(A) Any application that fails to provide the
director with prescribed information needed for ascertaining compliance with
the applicable provisions of section
1501.32 of the Revised Code, or
rules promulgated thereunder, shall be considered defective. Upon determining
that an application is defective, the director shall so notify the applicant
and either request additional information or return the application to the
applicant without further processing. An indication of the deficiency shall
accompany a returned application and the applicant shall have ninety days from
the receipt thereof in which to cure the defect. Upon determining that an
application is not defective, the director shall notify the applicant that the
application has been accepted as complete and is being considered.
(B) An application shall contain the
following information and shall be filed on forms provided by the director:
(1) The name, address, and telephone number
of applicant.
(2) The location of
the proposed withdrawal; a description of all proposed and existing systems for
the storage, treatment, transportation, and distribution of water; and the
location to which the waters of the state are proposed to be diverted; the
location of any discharge of water or wastewater effluent within the area to
which the applicant intends to supply water from the diversion; and the
geographic area to which the applicant intends to supply water and the
population within that area.
(3)
The average quantity of water in gallons to be diverted daily and a description
of the uses to which the water is to be put, including the proportion allocated
to each use.
(4) A description of
all present sources of water supply available to the applicant in the basin to
which the water would be diverted; an analysis of applicant's present and
future needs; and a description of efforts to develop and conserve water
resources in the importing basin.
(5) The expected life of the diversion
project.
(6) Maps showing the
items listed in paragraph (B)(2) of this rule; the county and township roads;
the location of utilities; the topography; and any structures of facilities
affected by or part of the proposed diversion. Maps published by the state,
county, and the United States geological survey, and aerial photographs, may be
used for these purposes.
(7)
Diversion design specifications and site plans accurately drawn and in
sufficient detail to clearly indicate the extent and complexity of the proposed
diversion.
(8) An analysis of
anticipated effects on uses of lands and waters within the lake Erie or Ohio
river drainage basin resulting from the diversion. The analysis shall include
an assessment of short-term and long-term impacts on natural, historic,
community, economic and scenic resources, in-stream uses, and economic and
ecologic aspects of water levels that will be affected by the proposed
diversion project. The assessment shall include the identification of all known
or anticipated competing uses for the diverted water.
(9) An analysis of needs and requirements of
land acquisition, land use requirements, relocation or resiting of existing
facilities, rights of way, structures, and all equipment, including energy
needs of the equipment, and total costs, direct and indirect, to effect the
diversion.
(10) An analysis of
whether the diversion is consistent with plans and requirements of the state
for the use, management, and protection of the water resources of this state.
(11) An analysis of the impact of
the proposed diversion on the levels and flows in both the basin to which water
would be diverted and the basin from which the water would be withdrawn over
the expected life of the diversion, including low flows, flood levels, and
where appropriate, the levels of lake Erie or the Ohio river.
(12) An analysis of the impact of the
proposed diversion on water quality in both the basin to which water would be
diverted and the basin from which the water would be withdrawn over the
expected life of the diversion.
(13) Projections of water use needs for the
life of the diversion in the basin to which the water would be diverted and the
basin from which the water would be withdrawn, and an analysis of the potential
impact of the proposed diversion on water supply in each such basin over the
life of the project.
(14) An
analysis of alternatives, for meeting the present and future water needs of the
applicant, including the economic, social, and environmental impacts of further
development of the water resources in the importing basin.
(15) Such additional information as the
director may require.
(C) An application for a diversion which
lawfully diverted more than one hundred thousand gallons per day of any waters
of this state within one year before October 12, 1984 shall contain the
following information and shall be filed on forms provided by the director:
(1) The name, address, and telephone number
of applicant.
(2) The location of
the withdrawal; a description of all proposed and existing systems for the
storage, treatment, transportation, and distribution of water; and the location
to which the waters of the state are proposed to be diverted; the location of
any discharge of water or wastewater effluent within the area to which the
applicant intends to supply water from the diversion; and the geographic area
to which the applicant intends to supply water and the population within that
area.
(3) The average quantity of
water, in gallons, diverted daily and a description of the uses to which the
water is put, including the proportion of the diversion which goes to each use.
(4) Maps in sufficient detail to
show the items listed in paragraph (C)(2) of this rule; the county, township,
and section lines; the locations of state, county, and township roads; the
locations of utilities; the topography; and any other structures or facilities
affected by or part of the proposed water diversion. Maps published by the
state, the county, or the United States geological survey, the aerial
photographs, may be used for these purposes.
(5) The expected life of the diversion
project.
(6) Such additional
information as the director may require.
(D) The application required under paragraph
(B) of this rule shall be accompanied by a nonrefundable fee of one thousand
dollars.
Notes
Promulgated Under: 111.15
Statutory Authority: R.C. 1501.31
Rule Amplifies: R.C. 1501.32
Prior Effective Dates: 11/28/1985, 11/28/1990, 11/28/1995, 11/28/2000
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