Ohio Admin. Code 3745-33-04 - Permit actions
[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 3745-33-01 of the Administrative Code.]
(A) Criteria for
issuing Ohio NPDES permits.
(1) The director
shall issue an Ohio NPDES permit for the discharge if, on the basis of all
information available to Ohio EPA, the director determines
that
all of the
following :
(a) The authorized discharge
levels specified in paragraphs (A), (B), (C), and (D) of rule
3745-33-05
of the Administrative Code are
will not being
be exceeded by the applicant; and
.
(b) An application form completed in
accordance with rule
3745-33-03 of the
Administrative Code and any supplemental information requested by the director
have been submitted; and
.
(c)
Adequate provisions for monitoring to obtain required pollutant discharge
information have been made; and
.
(d) If
required by Ohio EPA, performance tests, conducted at the applicant's expense
after the application was filed and in accordance with methods prescribed by
Ohio EPA, demonstrate that the discharge is in compliance with the authorized
discharge levels.
(2) The
director shall deny an application for a permit or renewal thereof if
any of the following occur :
(a) The secretary of the army determines in
writing that anchorage or navigation would be substantially impaired
thereby;
.
(b) The
director determines that the proposed discharge or source would conflict with
an area-wide waste treatment management plan adopted
approved in
accordance with section 208 of the act;
.
(c) The
administrator objects in writing to the issuance or renewal of the permit in
accordance with section 402 (d) of the act;
.
(d) The imposition of conditions cannot
ensure compliance with the applicable water quality requirements of all
affected states;
.
(e) The
application is for the discharge of any radiological, chemical, or biological
warfare agent, or high-level radioactive waste into the waters of the
state.
(3) Possession of
an Ohio NPDES permit shall not relieve any person of the responsibility to
comply with the authorized discharge levels specified in the permit or other
provisions of applicable law.
(B) Time for issuance. The director shall
issue or deny an application for a permit for a new discharge, for the installation or modification of a disposal
system, or for renewal of a permit, within one hundred eighty days of the date
on which the director receives a complete application with all plans,
specifications, construction schedules, and other pertinent information
required by the director.
(C)
Renewal of permits.
(1) The director shall
notify the permittee that any permittee who wishes to continue to discharge
after the expiration date of the permittee's Ohio NPDES permit
must
shall
file for reissuance of the permit
submit a permit application including all data required by
the application form at least one hundred eighty days prior to the
expiration of the permit. Ohio NPDES permits shall be renewed in accordance
with the provisions for issuance of permits under this chapter.
(2) In renewing a permit, the director shall
consider the compliance history of the permit holder and may deny the renewal
if the director determines that the permit holder has not complied with the
terms and conditions of the existing permit. If a permit renewal application is
submitted at least one hundred eighty days prior to the expiration date of the
existing permit, and the director proposes to deny the renewal of the permit in
accordance with rule
3745-49-05
of the Administrative Code, the expired permit shall continue to be in effect
in accordance with section
119.06 of the Revised Code until
such time as the director issues a final action.
(3) For new sources or new dischargers as
defined in
40 C.F.R.
122.2, see
40 C.F.R.
122.29(d) for applicability
of more stringent new source performance standards or technology-based
standards under section 301 (b)(2) of the act.
[Comment: Pursuant to 301 (b)(2) of the act, this provision is not applicable to publicly owned treatment works or water quality standards.]
(4) Any more
stringent limitation on the thermal component of a discharge shall not be
imposed as a condition of a permit or renewal thereof for a discharge during a
ten year period in accordance with division (J)(3) of section
6111.03 of the Revised
Code.
(D) Modification of
permits. Permits may be modified at the request of the permittee, any
interested person, or upon the director's
initiative. All requests shall be in writing and shall contain facts or reasons
supporting the request.
(1) Applications for
modifications of permits shall be made only on forms approved by Ohio EPA and
shall contain such information that Ohio EPA deems necessary. Such
an application or request shall contain
all of the following :
(a) A specific description of the relevant
provisions of the existing permit;
.
(b) The
precise changes requested. Approvable causes for permit modifications can be
found in
40
C.F.R. 122.62
;
.
(c) The reasons for the changes
requested; and
.
(d) An
explanation demonstrating that the permit as modified will comply with
applicable state and federal statutes and regulations.
(2) If the director decides the request is
not justified, the director may send the requestor a brief written response
giving a reason for the decision. A modification at the request of a permittee
shall not be approved unless the director determines all of the following :
(a) That the permit as modified will comply
with all applicable state and federal statutes and regulations; and
.
(b) That either
any of the following
occurred :
(i) The permit would have been
issued with the provisions contained in the proposed modifications if all
information presently available had been available at that time; or
.
(ii) Valid cause for such revision exists
over which the permittee had little or no control;
or
.
(iii) A good faith modification in the nature
of the operation was made; and
.
(c) That the regional administrator does not
object in writing to such modification within thirty days following receipt of
notice from the director.
(3) Minor modifications. With the consent of
the permittee, the director may modify a permit to make corrections or allow
for changes in the permitted activity listed in this paragraph, without meeting
the requirements of paragraphs (D)(1) and (D)(2) of this rule and without
following the procedures of rule
3745-33-10
of the Administrative Code and 40 C.F.R. Part 124. Minor modifications may only
consist of any of the following :
(a) Correct typographical errors;
.
(b) Require more frequent monitoring by the
permittee;
.
(c)
Revise the months for which monitoring is required, if the monitoring frequency
and number of samples per year remain the same;
.
(d) Change a reporting code for a monitoring
parameter, if the associated concentration units are not less sensitive;
.
(e) Change the expiration of the permit to a
date that is not later than five years after the effective date of the permit.
The effective date is the date that the permit or most recent renewal became
effective;
.
(f)
Change an interim compliance date in a schedule of compliance, provided the new
date is not more than one hundred twenty days after the date specified in the
existing permit and does not interfere with the attainment of the final
compliance date requirement;
.
(g)
Change the construction schedule for a discharger that is a new source. No
change shall affect a discharger's obligation to have all pollution control
equipment installed and in operation prior to discharge;
.
(h) Delete a point source outfall when the
discharge from that outfall is terminated and does not result in discharge of
pollutants from other outfalls except in accordance with permit limits;
.
(i) Incorporate conditions of a POTW
pretreatment program that has been approved in accordance with the procedures
in rule
3745-3-03
of the Administrative Code (or a modification thereto that has been approved in
accordance with the procedures in rule
3745-3-03
of the Administrative Code) as enforceable conditions of the POTW's
program; or
.
(j)
Incorporate storm water pollution prevention requirements.
(k)
Incorporate
monitoring requirements and effluent limits for the following pollutants in
treatment additives when treatment additives are approved under director's
final findings and orders:
(i)
pH.
(ii)
Total residual
oxidants.
(iii)
Total residual chlorine.
(iv)
Phosphorus.
(l)
Incorporate newly
discovered storm water outfalls at a facility, provided that both of the
following conditions are abided by:
(i)
The discharge shall be controlled as necessary to meet
applicable water quality standards.
(ii)
For new
discharges or new sources as defined in rule
3745-1-02 and rule
3745-1-05 of the
Administrative Code, the discharge cannot be to outstanding state waters,
outstanding national resource waters, or superior high quality waters, other
than lake Erie, as defined by and identified in rule
3745-1-05 of the
Administrative Code, or direct tributaries to these waters within one mile of
these waters.
(4) Changes to nutrient management plans for
concentrated animal feeding operations. Until the date that
USEPA
U.S. EPA
approves the NPDES program submitted by the director of agriculture under
section 903.08 of the Revised Code,
permits shall be modified in accordance with
40
C.F.R. 122.42(e) when a
concentrated animal feeding operation proposes to change a nutrient management
plan.
(E) Transfer of
permits.
(1) An Ohio NPDES permit is
transferable. The permittee shall notify the succeeding owner or successor of
the existence of the Ohio NPDES permit by letter, a copy of which shall be
forwarded to Ohio EPA. The copy of the letter shall be received by Ohio EPA at
least sixty days prior to any proposed transfer of an Ohio NPDES permit and
shall serve as the permittee's notice to the director of the proposed
transfer.
(2) A written agreement
containing a specific date for transfer of permit responsibility and coverage
between the permittee and successor, including acknowledgment that the existing
permittee is liable for violations up to the transfer date and the successor is
liable for violations from that date forth, shall be received by Ohio EPA at
least thirty
sixty days prior to the proposed transfer.
(3) At any time during the
sixty-day period between notification of
the proposed transfer and the effective date of the transfer, the director may
deny the transfer if the director concludes that such transfer will jeopardize
compliance with the terms and conditions of the permit. The director shall
notify both the original permittee transferor and the transferee in writing of
the director's decision.
(F) Termination of permits. Each Ohio NPDES
permit shall expire as of the date indicated on the permit. No permit shall be
issued that will run for a period of more than five years, however the permit can be administratively continued under
paragraph (C) of this rule . Permits may be terminated at the request of
the permittee or any interested person, or upon the director's initiative for
causes listed in
40
C.F.R. 122.64. All requests shall be in
writing and shall contain facts or reasons supporting the request. If the
director decides the request is not justified, the director may send the
requestor a brief written response giving a reason for the decision.
(G) Revocation of permits.
(1) Permits may be revoked at the request of
the permittee or any interested person, or upon the director's initiative for
causes listed in
40
C.F.R. 122.64. All requests shall be in
writing and shall contain facts or reasons supporting the request. The director
may revoke a permit at any time if the director determines that any applicable
laws, rules, regulations or permit terms or conditions have been
violated.
(2) The permittee shall
be notified of the proposed revocation and reasons for such proposed
revocation. The director shall afford a prompt hearing to any permittee whose
permit the director proposes to revoke and who requests such a hearing, in
accordance with the provisions of the rules of procedure, Chapters 3745-47 and
3745-49 of the Administrative Code.
(3) If the director decides the request is
not justified, the director may send the requestor a brief written response
giving a reason for the decision.
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.03
Rule Amplifies: 6111.03
Prior Effective Dates: 12/30/1973, 12/29/1995, 10/31/1997, 12/30/2002, 12/1/2006, 6/7/2011, 5/1/2013
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