[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 3745-38-01 of the Administrative Code.]
(A) General NPDES permit
requirements.
(1) No person may
discharge any pollutant or cause, permit, or allow a discharge of any pollutant
from a point source without applying for and obtaining an individual NPDES
permit in accordance with Chapter 3745-33 of the Administrative Code or
obtaining authorization to discharge under a general NPDES permit in accordance
with this chapter. As a minimum, this chapter shall be administered consistent
with the act and regulations adopted by the administrator, including 40 CFR
122, 123.44 and 124.
(2) Each point source
shall be regulated by an individual or general NPDES permit, as determined by
the director.
(B) General NPDES permit coverage. The
director may issue a general NPDES permit without application in accordance
with the following:
(1) Areas. The general
NPDES permit shall be written to cover a category of discharges by persons
conducting similar activities within a geographic area, except those covered by
an individual NPDES permit. The area shall correspond to existing geographic or
political boundaries.
(2) Sources. The general
NPDES permit may be written to regulate, within the area described in paragraph
(B)(1) of this rule, any of the following:
(a) Storm water point sources.
(b) Water-borne wastes resulting from coal mining and reclamation
activities.
(c) Sewage sludge point sources.
(d) Other categories of point sources if the sources within each
category or subcategory all conform to the following:
(i) Involve the same or
substantially similar types of operations.
(ii) Discharge the same
types of wastes or engage in the same types of sludge use or disposal
practices.
(iii) Require the same
effluent limitations, operating conditions, or standards for sewage sludge use
or disposal.
(iv) Require the same or
similar monitoring.
(v) In the opinion of the
director, are more appropriately controlled under a general permit than under
individual permits.
(3) Water quality based
limits. If one source within a category or subcategory is subject to a water
quality based limit, then all the sources within that category or subcategory
are subject to the same limit.
(4) Small municipal
separate storm sewer systems (MS4s). For general permits issued under this
chapter for small MS4s, the director shall establish the terms and conditions
necessary to meet the requirements of paragraph (C) of rule 3745-39-03 of the
Administrative Code by using one of the following permitting approaches as
indicated in the permit or fact sheet:
(a) Comprehensive general permit. The director includes all
required permit terms and conditions in the general permit.
(b) Two-step general permit. The director includes required
permit terms and conditions in the general permit applicable to all eligible
small MS4s and, during the process of authorizing small MS4s to discharge,
establishes additional terms and conditions not included in the general permit
to satisfy one or more of the permit requirements in paragraph (C) of rule
3745-39-03 of the Administrative Code for individual small MS4
operators.
(i) The general permit
shall require that any small MS4 operator seeking authorization to discharge
under the general permit submit a notice of intent (NOI) consistent with
paragraph (B)(2)(a) of rule 3745-39-03 of the Administrative Code.
(ii) The director shall
review the NOI submitted by the small MS4 operator to determine whether the
information in the NOI is complete and to establish the additional terms and
conditions necessary to meet the requirements in paragraph (C) of rule
3745-39-03 of the Administrative Code. The director may require the small MS4
operator to submit additional information. If the director makes a draft
decision to authorize the small MS4 to discharge under the general permit, the
director shall give public notice of, and opportunity to comment and request a
public hearing on the small MS4's draft authorization and the NOI, the
draft additional terms and conditions, and the basis for these additional
requirements. The public notice, the process for submitting public comments and
hearing requests, and the hearing process if a request for a hearing is
granted, shall follow the procedures applicable to draft permits set forth in
Chapters 3745-47 and 3745-49 of the Administrative Code. The director shall
respond to significant comments received during the comment period as provided
in rule 3745-49-05 of the Administrative Code.
(iii) Upon authorization
for the MS4 to discharge under the general permit, the final additional terms
and conditions applicable to the MS4 operator become effective. The director
shall notify the permittee and inform the public of the decision to authorize
the MS4 to discharge under the general permit and of the final additional terms
and conditions specific to the MS4.
(C) Individual or general NPDES permit
coverage. The director may require any person who has submitted a notice of
intent to obtain coverage under a general NPDES permit, or who otherwise has
obtained coverage under a general NPDES permit, to apply for and obtain an
individual NPDES permit or alternative general NPDES permit coverage. If the
person has general NPDES permit coverage and does not apply for an individual
or alternative general NPDES permit within ninety days of receiving written
notification from the director to submit such an application to Ohio EPA, then
the existing general NPDES permit coverage for that person is terminated. Any
interested person may petition the director to take action under this
paragraph. Cases where an individual NPDES permit or alternative general NPDES
permit coverage may be required include any of the following:
(1) The discharge
currently is, or potentially may be, a significant contributor of
pollutants.
(2) The discharger is
not, or previously has not been, in compliance with the conditions of a general
NPDES permit.
(3) A change has occurred
in the availability of demonstrated technology or practices for the control or
abatement of pollutants applicable to the point source.
(4) Effluent limitation
guidelines are promulgated for point sources covered by the general NPDES
permit.
(5) An alternative
general NPDES permit has been issued for a specific geographic area of the
state.
(6) An alternative
general NPDES permit has been issued for a specific category of
dischargers.
(7) The director has
revoked the general NPDES permit pursuant to this chapter.
(8) A water quality
management plan or total maximum daily load containing requirements applicable
to such point sources is approved.
(9) Circumstances have
changed since the time of the request to be covered so that the discharger is
no longer appropriately controlled under the general permit, or either a
temporary or permanent reduction or elimination of the authorized discharge is
necessary.
(10) Standards for sewage
sludge use or disposal have been promulgated for the sludge use or disposal
practice covered by the general permit.
(D) Alternative NPDES permit
authorization.
(1) Any person who has
obtained coverage under a general NPDES permit may request to be excluded from
the coverage of the general NPDES permit by applying for an individual NPDES
permit or alternative general NPDES permit coverage. The person shall submit an
application with reasons supporting the request.
(2) If an individual
NPDES permit is issued or alternative general NPDES permit coverage is granted
by the director, the coverage of the general NPDES permit to the individual
permittee is automatically terminated on the effective date of the individual
NPDES permit or the date alternative general NPDES permit coverage is
granted.
(E) Notice of intent for seeking coverage
under general NPDES permit.
(1) Initial coverage
under a general NPDES permit. Each person seeking initial coverage under a
general NPDES permit shall submit a notice of intent in accordance with the
deadline specified in the applicable general NPDES permit.
(2) Renewal of coverage
under a general NPDES permit.
(a) To renew coverage under a general NPDES permit, a renewal
notice of intent and associated fees are required, as follows:
(i) In accordance with
the requirements specified in the general NPDES permit renewal.
(ii) A notice of intent
renewal fee is not required for persons who obtained coverage under the
previous general permit and such coverage was obtained less than or equal to
one year from the expiration date stated on the expired general
permit.
(iii) To be submitted in
accordance with paragraph (E)(2)(a) of this rule, as appropriate, and will
result in continuous permit coverage.
(b) Failure to submit a renewal notice of intent in accordance
with paragraph (E)(2) of this rule will result in the termination of coverage
under the general NPDES permit.
(3) Notices of intent
shall conform to the following:
(a) Be made only on forms approved by Ohio
EPA.
(b) Be considered as applications for general NPDES
permits, for the purpose of fee collection.
(c) Contain the following:
(i) The general NPDES permit number under which
authorization to discharge is requested.
(ii) The name, address, telephone number, contact person,
and title of owner or operator of the point source.
(iii) For storm water discharges associated with construction
activities, pesticide application discharges and coal mining and reclamation
activities, the latitude and longitude of the approximate center of the project
site to the nearest fifteen seconds.
(d) For storm water discharges associated with construction
activities, an eight and one half by eleven inches site map that locates the
project with the perimeter outlined and existing adjacent identifiable roads.
The perimeters of the project are the boundaries that ground disturbance will
occur within and for which a storm water pollution prevention plan has been
developed. The facility project contact person and project name shall also be
included on the map.
(e) For coal mining and reclamation activities, an eight and one
half by eleven inches map, using 7.5 minute United States geological survey
topographic map, with topographic map name labeled on the map. The map shall
depict the affected area and location of treatment ponds with outfalls labeled.
The map shall indicate whether the treatment ponds are existing or
proposed.
(f) For discharges other than storm water associated with
construction activities, small municipal separate storm sewer systems and small
sanitary discharges, up to four four-digit standard industrial classification
codes that best represent the principle products or activities provided by the
facility.
(g) When required by a general permit, quantitative data
describing the concentration of pollutants in the discharge and volume to be
discharged. All required quantitative data shall be collected in accordance
with sufficiently sensitive analytical methods conditions as established in
paragraph (D)(1) of rule 3745-33-03 of the Administrative Code.
(h) The latitude and longitude of each outfall, if available, and
name of the receiving water or, if the discharge is to a separate storm sewer,
the name of the operator of the storm sewer and the ultimate receiving
waters.
(i) Where applicable, a list of treatment additives
proposed to be discharged including, but not limited to, maintenance chemicals
and chemicals used to aid in the treatment of the wastewater. If these
treatment additives proposed have not been approved in a permit to install
issued under Chapter 3745-42 of the Administrative Code, director's final
findings and orders, or NPDES permit issuance, the applicant shall also submit
an application to discharge the treatment additives in accordance with
paragraph (G) of rule 3745-33-03 of the Administrative Code.
(j) Any other information deemed necessary by the
director.
(4) Notices of intent
submitted to the director pursuant to this chapter shall be signed as specified
in paragraph (F) of rule 3745-33-03 of the Administrative Code.
(5) The director shall
notify each person submitting a notice of intent in writing as to whether their
discharge is authorized pursuant to the general NPDES permit. The director
shall maintain a list of each person authorized to discharge under each general
NPDES permit and make the list available on Ohio EPA's
website.
(6) Any notice of intent that fails to
provide Ohio EPA with requested information needed for ascertaining compliance
with the applicable provisions of this chapter, may be considered incomplete.
Ohio EPA may do either of the following:
(a) Request additional information.
(b) Return the application to the applicant without further
processing indicating why the application was considered
incomplete.
(F) The director may develop a general
permit that contains alternative means for persons to obtain coverage under a
general permit without submitting a notice of intent under paragraph (E) of
this rule where the director finds that a notice of intent requirement would be
inappropriate, in accordance with 40 C.F.R. 122.28(b)(2)(v), after considering
the following:
(1) The type of
discharge.
(2) The expected nature
of the discharge.
(3) The potential for
toxic and conventional pollutants in the discharges.
(4) The expected volume
of the discharges.
(5) Other means of
identifying discharges covered by the permit.
(6) The estimated number
of discharges to be covered by the permit.
The director shall provide in the public notice
of the general permit the reasons for not requiring a notice of intent.
This provision does not apply to publicly owned
treatment works, combined sewer overflows, municipal separate storm sewer
systems, primary industrial facilities and storm water discharges associated
with industrial activity.
(G) Any discharge to waters of the state
without an individual NPDES permit or general NPDES permit is
prohibited.
(H) A source excluded from a general
NPDES permit solely because the source already has an individual NPDES permit
may request that the individual NPDES permit be revoked and that the source be
covered by the general NPDES permit. Upon revocation of the individual NPDES
permit, the general NPDES permit shall apply to the source.
(I) Criteria for issuing and renewing
general NPDES permits.
(1) The director may
issue a general NPDES permit or renewal of a general NPDES permit for a
discharge if, on the basis of all information available to Ohio EPA, the
director determines all of the following:
(a) The discharges authorized by the NPDES permit will have only
minimal adverse effects on the environment.
(b) The discharges are more appropriately authorized by a general
NPDES permit than an individual NPDES permit.
(c) Adequate monitoring to obtain required pollutant discharge
information is provided.
(d) The authorized discharge levels meet the criteria specified
in paragraph (A)(1) of rule 3745-33-05 and rule 3745-33-07 of the
Administrative Code.
(2) The director shall
not issue a general NPDES permit or renewal if the regional administrator
objects in writing to the issuance or renewal of the general NPDES permit in
accordance with section 402 of the act.
(3) General NPDES permit
duration. A general NPDES permit shall be effective for a fixed term not to
exceed five years.
(4) Fact sheets. The
director shall prepare for each general NPDES permit a fact sheet that sets
forth the principal facts and significant factual, legal, methodological, and
policy questions considered in preparing the general NPDES permit.
(J) Modification of general NPDES
permits.
(1) The director may
modify general NPDES permits. When a general NPDES permit is modified, only the
conditions subject to modification are reopened.
(2) Causes for
modification. The following are causes for modification:
(a) Information. The director has received new information.
General NPDES permits may be modified during their terms for this cause only if
the information was not available at the time of general NPDES permit issuance
and would have justified the application of different general NPDES permit
conditions at the time of issuance.
(b) New regulations. The standards or regulations on which the
general NPDES permit was based have been changed by promulgation of amended
standards or regulations or judicial decisions after the general NPDES permit
was issued.
(c) To correct technical mistakes, such as errors in calculation
or mistaken interpretations of law made in determining general NPDES permit
conditions.
(3) Minor
modifications.
(a) The director may modify a general NPDES permit to make
corrections or allowances for changes in the permitted activity without
following the rules of procedure under Chapter 3745-49 of the Administrative
Code.
(b) Minor modifications may only include the
following:
(i) Correct typographical
errors.
(ii) Require more
frequent monitoring or reporting by the permittee.
(K) Transfer of general NPDES permit
coverage.
(1) General NPDES permit
coverage is transferable. Ohio EPA shall be notified on a form approved by the
director at least thirty days prior, unless a different timeframe is specified
in the general permit, to any proposed transfer of coverage under a general
NPDES permit. The transferor and transferee shall jointly inform Ohio EPA of
the transition of responsibilities regarding general NPDES permit coverage,
including the specific date coverage responsibility and liability are to be
transferred between them.
(2) At any time during
the period between notification of the proposed transfer and the effective date
of the transfer, the transfer may be prevented if the director concludes that
such transfer will jeopardize compliance with the terms and conditions of the
general NPDES permit or that the facility is more appropriately covered by an
individual NPDES permit. The director will notify both the original permittee
transferor and the transferee in writing of the decision.
(L) Applicability of rules of procedure.
General NPDES permit processing shall be conducted in accordance with
provisions in the rules of procedure under Chapters 3745-47 and 3745-49 of the
Administrative Code except as provided in paragraph (J)(3) of this rule or
superseded by division (B) of section 6111.035 of the Revised
Code.
(M) Revocation of general NPDES
permits.
(1) The director may
revoke a general NPDES permit during the permit's term for cause,
including but not limited to determining that any applicable law, rule or
regulation has been violated.
(2) If the director finds
the revocation of a general NPDES permit necessary pursuant to paragraph (M)(1)
of this rule, the director shall send notice of the proposed revocation to each
permittee covered by the general NPDES permit to be revoked.
(3) Upon receipt of
written notification from the director regarding the issuance of a proposed
revocation of a general NPDES permit, each person that was authorized by that
general NPDES permit shall submit an application for an individual NPDES permit
or a notice of intent for an alternative general NPDES permit not later than
ninety days after receipt of such written notification.
(4) Failure to submit an
application for an individual permit or a notice of intent for an alternative
general NPDES permit within ninety days after receipt of the written
notification of the proposed revocation of the general NPDES permit may result
in an unpermitted discharge subject to enforcement.
(N) Termination of general NPDES permit
coverage. When a person determines in accordance with requirements contained
within the general NPDES permit under which that person is covered that said
coverage is no longer required, that person shall submit a notice of
termination (NOT) in accordance with the applicable provisions of the general
NPDES permit.
