As used in this chapter:
(A)
(1) "Act" means
the Federal Water Pollution Control Act (commonly referred to as the Clean
Water Act) 33 U.S.C. sections 1251 to 1387.
(2) "Administrator" means the administrator of
the United States environmental protection agency.
(3) "Applicant"
means any person who files for an Ohio individual indirect discharge
permit.
(4) "Application" means the Ohio environmental
protection agency form used to apply for an Ohio individual indirect discharge
permit.
(5) "Approved POTW
pretreatment program" or "POTW pretreatment program" or
"pretreatment program" means a program administered by a POTW that
meets the criteria established in 40 C.F.R. 403 and section 6111.032 of the
Revised Code and that has been approved by the director in accordance with 40
C.F.R. 403 and section 6111.03 of the Revised Code.
(B) "Best management practices"
or "BMPs" means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the
prohibitions listed in rule 3745-36-04 of the Administrative Code. BMPs also
include, but are not limited to, treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw materials storage.
(C)
(1) "Categorical
industrial user" means an industrial user subject to categorical
pretreatment standards.
(2) "Categorical
pretreatment standard" means any national pretreatment standard specifying
quantities or concentrations of pollutants or pollutant properties which may be
discharged to a POTW by existing or new industrial users in specific industrial
subcategories, promulgated by the administrator in accordance with section 307
of the act and established under 40 C.F.R. chapter I, subchapter
N.
(D) "Director" means the
director of the Ohio environmental protection agency or the director's
duly authorized representative.
(E) [Reserved.]
(F) [Reserved.]
(G) [Reserved.]
(H) "Historical data" means
data that are more than five years old.
(I)
(1) "Indirect
discharge" means the introduction of pollutants into a POTW from any
nondomestic source including, but not limited to, those regulated under section
307(b), (c), or (d) of the act.
(2) "Individual
indirect discharge permit" means an authorization to discharge issued by
the director to a significant industrial user or non-significant categorical
industrial user specifying the terms and conditions of discharge. These terms
and conditions may include, but are not limited to, effluent limits, monitoring
requirements, pretreatment requirements, and requirements for BMPs, pollution
prevention plans and any other elements as deemed necessary by the
director.
(3) "Industrial
user" or "user" means a source of indirect
discharge.
(4) "Interference" means a discharge that, alone
or in conjunction with a discharge or discharges from other sources, results in
either of the following:
(a) Inhibits or disrupts the POTW, the POTW's
treatment processes or operations, or the POTW's sludge processes, use, or
disposal.
(b) Causes a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or duration of
a violation), or of the prevention of sewage sludge use or disposal in
compliance with all of the following statutory provisions and regulations or
permits issued thereunder (or more stringent state or local
regulations):
(i) Section 405 of the
act.
(ii) The Solid Waste
Disposal Act (SWDA) 42 U.S.C. sections 6901 to 6992 (including Title II, more
commonly referred to as the Resource Conservation and Recovery Act (RCRA), and
including state regulations contained in any state sludge management plan
prepared pursuant to Subtitle D of the SWDA).
(iii) The standards for
the use and disposal of sewage sludge (40 C.F.R. 503, and Chapter 3745-40 of
the Administrative Code).
(iv) The Clean Air Act
(CAA) 42 U.S.C. sections 7401 to 7671.
(v) The Toxic Substances
Control Act (TSCA) 15 U.S.C. sections 2601 to 2692.
(J) [Reserved.]
(K) [Reserved.]
(L) "Local limits" means limits
on industrial users, developed by a POTW, that are technically based on
site-specific factors to protect the POTW's operations from interference
and pass through and to ensure that the POTW's dischargers comply with
state and federal requirements. Local limits may be expressed as numerical
values, narrative statements or best management practices, or a combination of
these.
(M) "Mid-tier categorical industrial
user" is a significant industrial user subject to categorical pretreatment
standards under 40 C.F.R. 403.6 and 40 C.F.R. chapter I, subchapter N, that the
director may determine is subject to a reduction in the user's reporting
requirement, upon satisfaction of all of the following conditions:
(1) The industrial
user's total categorical wastewater flow does not exceed 0.01 per cent of
any of the following:
(a) The design dry weather hydraulic capacity of the POTW,
or five thousand gallons per day (gpd), whichever is smaller, as measured by a
continuous effluent flow monitoring device unless the industrial user
discharges in batches.
(b) The design dry weather organic treatment capacity of
the POTW.
(c) The maximum allowable headworks loading for any
pollutant regulated by the applicable categorical pretreatment standards for
which approved local limits were developed by a POTW and approved by Ohio
EPA.
(2) The industrial user
has not been in significant noncompliance, as defined in this rule, for any
amount of time in the past two years.
(3) The industrial user
does not have daily flow rates, production levels, or pollutant levels that
vary so significantly that decreasing the reporting requirement would result in
data that are not representative of conditions occurring during the reporting
period pursuant to paragraph (B) of rule 3745-36-08 of the Administrative
Code.
(4) The industrial user
is not located upstream of a combined sewer overflow or sanitary sewer
overflow, unless the procedures for the categorization of such a user as a
mid-tier categorical industrial user and issues related to combined sewer
overflows or sanitary sewer overflows are specifically addressed in one of the
following:
(a) The POTW's or Ohio EPA's approved long term
control plan.
(b) The POTW's or Ohio EPA's approved combined
sewer system operation plan implementing the nine minimum
controls.
(N)
(1) "National
pretreatment standard" means any regulation of the U.S. EPA, containing
pollutant discharge limits promulgated by the administrator in accordance with
sections 307(b) and (c) of the act, that applies to industrial users. The term
includes prohibitive discharge limits established pursuant to 40 C.F.R.
403.5.
(2) "New
source" means any of the following:
(a) Any building, structure, facility or installation from
which there is or may be a discharge of pollutants, the construction of which
commenced after the publication of proposed pretreatment standards under
section 307(c) of the act that will be applicable to such source if such
standards are thereafter promulgated in accordance with that section provided
that one of the following applies:
(i) The building,
structure, facility, or installation is constructed at a site at which no other
source is located.
(ii) The building,
structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing
source.
(iii) The production or
wastewater generating processes of the building, structure, facility, or
installation are substantially independent of an existing source at the same
site. In determining whether these are substantially independent, factors such
as the extent to which the new facility is integrated with the existing plant,
and the extent to which the new facility is engaged in the same general type of
activity as the existing source should be considered.
(b) Construction on a site at which an existing source is
located results in a modification rather than a new source if the construction
does not create a new building, structure, facility, or installation meeting
the criteria of paragraph (N)(2)(a)(ii) or (N)(2)(a)(iii) of this rule, but
otherwise alters, replaces, or adds to existing process or production
equipment.
(c) Construction of a new source as defined under this
paragraph has commenced if the owner or operator has done any of the
following:
(i) Begun, or caused to
begin as part of a continuous onsite construction program, in either of the
following ways:
(a) Any placement, assembly, or installation of facilities
or equipment.
(b) Significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or facilities that is
necessary for the placement, assembly, or installation of new source facilities
or equipment.
(ii) Entered into a
binding contractual obligation for the purchase of facilities or equipment that
are intended to be used in the operation within a reasonable time. Options to
purchase, or contracts that can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
(3) "Noncontact
cooling water" means the water used to reduce temperature that does not
come into contact with any raw material, intermediate product, waste product
(other than heat), or finished product. Noncontact cooling water does not
include any process waters or other types of wastewaters, nor is the water
exposed to anything but the inside of the pipe. Noncontact cooling water should
be reasonably free from contaminants like metals, ammonia, organics, and total
dissolved solids so that discharge of noncontact cooling water to the POTW does
not result in any of the following:
(a) An exceedance of Ohio's waters quality standards
in Chapter 3745-1 of the Administrative Code.
(b) Interference with the operation of the
POTW.
(c) Pass through of the POTW.
(4) "Non-significant
categorical industrial user" is an industrial user subject to 40 C.F.R.
chapter I, subchapter N, that the director may determine is a non-significant
categorical industrial user, rather than a significant industrial user, on a
finding that the industrial user does not discharge more than one hundred
gallons per day (gpd) of total categorical wastewater (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater, unless specifically
included in the categorical pretreatment standard) and all of the following
conditions are met:
(a) The industrial user, prior to the director's
finding, has consistently complied with all applicable categorical pretreatment
standards and requirements.
(b) The industrial user annually submits the certification
statement required in paragraph (F)(3) of rule 3745-36-10 of the Administrative
Code together with any additional information necessary to support the
certification statement.
(c) The industrial user never discharges any untreated
concentrated wastewater.
(d) The industrial user's discharge does not result in
pass through or interference of the POTW.
(e) The industrial user is not located upstream of a
combined sewer overflow or a sanitary sewer overflow, unless the industrial
user does not discharge wastewater regulated by categorical pretreatment
standards at any time, or the following conditions are met:
(i) The industrial user has not been in significant
noncompliance for any time in the past two years.
(ii) The procedures for the categorization of such a user as
a non-significant categorical industrial user and issues related to combined
sewer overflows or sanitary sewer overflows are specifically addressed in one
of the following:
(a) The POTW's or Ohio EPA's approved long term
control plan.
(b) The POTW's or Ohio EPA's approved combined
sewer system operation plan implementing the nine minimum
controls.
(5) "NPDES
permit" means a national pollutant discharge elimination system permit
issued by the director under the requirements of section 402 of the act,
Chapter 6111. of the Revised Code, and Chapter 3745-33 of the Administrative
Code.
(O) "Ohio EPA" means the Ohio environmental
protection agency.
(P)
(1) "Pass
through" means a discharge that exits the POTW into waters of the state in
quantities or concentrations that, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement of
the POTW's NPDES permit (including an increase in the magnitude or
duration of a violation).
(2) "Person" means person as
defined in section 6111.01 of the Revised Code.
(3) "pH" means
the logarithm (to the base 10) of the reciprocal of the hydrogen ion
concentration of a solution expressed in gram atoms per liter of
solution.
(4) "Pollutant" means sewage,
industrial waste, or other waste as defined by divisions (B) to (D) of section
6111.01 of the Revised Code.
(5) "Pollution prevention"
means the use of source reduction techniques in order to reduce risk to public
health, safety, and welfare, and the environment and, as a second preference,
the use of environmentally sound recycling to achieve these same goals.
Pollution prevention avoids cross-media transfers of waste or pollutants and is
multi-media in scope. Pollution prevention addresses all types of waste and
environmental releases to the air, water, and land.
(6) "POTW treatment
plant" means that portion of the POTW that is designed to provide
treatment (including recycling and reclamation) of municipal sewage and
industrial waste.
(7) "Pretreatment" means the
reduction of the amount of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in wastewater prior to or in
lieu of discharging, or otherwise introducing such pollutants into a POTW. The
reduction or alteration may be obtained by physical, chemical, or biological
treatment processes, by BMPs, by pollution prevention alternatives including
process changes, material substitutions, improved operating practices and
recycling, or by other means, except as prohibited by paragraph (F) of rule
3745-36-09 of the Administrative Code.
(8) "Pretreatment requirement"
means any substantive or procedural requirement related to pretreatment, other
than a pretreatment standard, imposed on an industrial user.
(9) "Pretreatment standard"
means a discharge limit related to pretreatment that is imposed on an
industrial user through regulations promulgated by U.S. EPA in accordance with
section 307(b) and (c) of the act, by this chapter, by local ordinance, or
individual indirect discharge permit. This term includes all of the
following:
(a) Categorical pretreatment standards.
(b) Prohibited discharges established pursuant to rule
3745-36-04 of the Administrative Code.
(c) Local limits developed by the POTW and approved by the
Ohio EPA.
(d) Any enforceable schedule designed to achieve compliance
with limits in paragraphs (P)(9)(a) to (P)(9)(c) of this rule.
(10) "Process
wastewater" means any water that, during manufacturing or processing,
comes into contact with, or results from the production or use of any raw
material, intermediate product, finished product, byproduct, or waste
product.
(11) "Process
wastewater pollutants" means pollutants present in process
wastewater.
(12) "PSES"
means categorical pretreatment standards for existing sources.
(13) "PSNS"
means categorical pretreatment standards for new sources.
(14) "Public
authority" means a municipal corporation, the governing board of a county,
a sanitary district established pursuant to Chapter 6115. of the Revised Code,
a sewer district established pursuant to Chapter 6117. of the Revised Code, a
conservancy district under Chapter 6101. of the Revised Code, or any other
special district owning or operating a POTW in accordance with section 6111.032
of the Revised Code.
(15) "Publicly owned
treatment works " or "POTW" means a treatment works that is
owned or operated by a public authority. This definition includes any devices
and systems used in the storage, treatment, recycling and reclamation of
municipal sewage or industrial wastes of a liquid nature. It also includes
sewers, pipes and other conveyances only if they convey wastewater to a POTW
treatment plant. The term also means the public authority that owns or operates
the POTW and that has jurisdiction over the indirect discharges to and the
discharges from such a treatment works.
(Q) [Reserved.]
(R) [Reserved.]
(S)
(1) "Significant
industrial user" means either of the following, except as provided in
paragraph (S)(1)(c) of this rule:
(a) Any industrial user subject to categorical pretreatment
standards, except industrial users considered non-significant categorical
industrial users, as defined in paragraph (N) of this rule.
(b) Any other industrial user that meets one of the
following:
(i) Discharges an average
of twenty-five thousand gallons per day or more of process wastewater to the
POTW (process wastewater excludes sanitary, non-contact cooling and boiler
blowdown wastewaters).
(ii) Contributes a
process wastestream that makes up five per cent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant.
(iii) Is designated as
such by the director on the basis that the industrial user has a reasonable
potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement.
(c) Upon finding that an industrial user designated as a
significant industrial user for meeting the criteria in paragraph
(S)(1)(b)(iii) of this rule has no reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement, the director may at any time, on the director's own
initiative or in response to a petition received from an industrial user or
POTW, determine that such industrial user is not a significant industrial
user.
(2) "Significant
noncompliance" for a non-significant industrial user means a violation
meets any of the criteria in paragraph (S)(2)(c), (S)(2)(d), or (S)(2)(h) of
this rule. Significant noncompliance for a significant industrial user means a
violation of any of the following criteria:
(a) Chronic violations of wastewater discharge limits,
defined here as those in which sixty-six per cent or more of all the
measurements taken for the same pollutant parameter at any permitted monitoring
point during a six-month period exceed (by any magnitude) a numeric
pretreatment standard or requirement, including instantaneous
limits.
(b) Technical review criteria (TRC) violations, defined
here as those in which thirty-three per cent or more of all of the measurements
taken for the same pollutant parameter at any permitted monitoring point during
a six-month period equal or exceed the product of the numeric pretreatment
standard or requirement including instantaneous limits, multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all
other pollutants, except pH).
(c) Any other violation of a pretreatment standard or
requirement as defined in this rule (daily maximum or longer-term average,
instantaneous limit, or narrative standard) that the director determines has
caused, alone or in combination with other discharges, interference or pass
through (including endangering the health of POTW personnel or the general
public).
(d) Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare, or the environment, or has resulted in
the director's exercise of emergency authority to halt or prevent such a
discharge.
(e) Failure to meet, within ninety days after the schedule
date, a compliance schedule milestone contained in the individual indirect
discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance.
(f) Failure to provide, within forty-five days after the
due date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports, reports on compliance
with compliance schedules, or any other reports required by the
director.
(g) Failure to accurately report
noncompliance.
(h) Any other violation or group of violations, including a
violation of BMPs, that the director determines adversely affects the operation
of the POTW.
(3) "Slug
discharge" or "slug load" means any discharge of a non-routine,
episodic nature, including but not limited to an accidental spill or a
non-customary batch discharge that has a reasonable potential to cause
interference or pass through, or in any other way violate the POTW's
regulations, local limits, or permit conditions.
(T) "Treatment works" means any
plant, disposal field, lagoon, dam, pumping station, building sewer connected
directly to treatment works, incinerator, or other works used for the purpose
of treating, stabilizing, blending, composting, or holding sewage, sludge,
sludge materials, industrial waste, or other wastes, except as otherwise
defined.
(U) "U.S. EPA" means the United
States environmental protection agency.
(V) [Reserved.]
(W)
(1) "Water quality
standards" means the regulations in Chapter 3745-1 of the Administrative
Code.
(2) "Waters of the
state" means the waters of the state as defined in section 6111.01 of the
Revised Code.
(X) [Reserved.]
(Y) [Reserved.]
(Z) [Reserved.]
(AA) Incorporation by
reference. The text of the incorporated materials is not included in the rules
contained in this chapter. The materials are hereby made a part of this
chapter. For materials subject to change, only the version specified in this
rule is incorporated. Any amendment or revision to a referenced document is not
incorporated unless and until this rule has been amended to specify the new
version.
(1) Availability. The
materials incorporated by reference are available as follows:
(a) Code of federal regulations (C.F.R.). Information and
copies may be obtained by writing to: "U.S. Government Publishing Office
Bookstore, 710 North Capitol Street N.W., Washington, D.C. 20403." The
full text of the C.F.R. is also available in electronic format at
http://www.gpoaccess.gov/cfr/. The C.F.R. compilations are also available for
inspection and copying at most public libraries and "The State Library of
Ohio."
(b) Federal statutes. The full text is available in
electronic format at http://www.gpo.gov/fdsys. These laws are also available
for inspection and copying at most public libraries and "The State Library
of Ohio."
(2) Incorporated
materials.
(a) Appropriate "Federal Statutes." The statutes
listed in this rule are those versions of the laws amended through July 1,
2017, including the following:
(i) Solid Waste Disposal
Act (SWDA), 42 U.S.C. sections 6901 to 6992.
(ii) Clean Air Act (CAA),
42 U.S.C. sections 7401 to 7671.
(iii) Toxic Substances
Control Act (TSCA) 15 U.S.C. sections 2601 to 2692.
(iv) Federal Water
Pollution Control Act (commonly referred to as the Clean Water Act), 33 U.S.C.
sections 1251 to 1387.
(v) Resource Conservation
and Recovery Act (RCRA), 42 U.S.C. 6901 to 6992.
(3) Appropriate
"Code of Federal Regulations." As used in this chapter "40
C.F.R." means Title 40 of the Code of Federal Regulations as amended
through July 1, 2017.
