3745-38-01. Definitions

As used in this chapter of the Administrative Code:

(A) Except as otherwise provided in this rule, the definitions in sections 6111.01 and 6111.13 of the Revised Code shall have the same meaning in this rule as in that section.

(B) "Act" means the "Federal Water Pollution Control Act (commonly referred to as the Clean Water Act), section 519, formerly section 518, of Act June 30, 1948, C. 758 Title V, as added October 18, 1972, Pub.L. 92-500, 2, 86 Stat. 896, amended December 27, 1977, Pub.L. 95-217, 2, 91 Stat. 1566 and renumbered February 4, 1987, Pub.L. 100-4, Title V, 506, 101 Stat. 76, 33 U.S.C.A. 1251 to 1387 as amended through July 1, 2014.

(C) "Alternative general permit" means a type of general NPDES permit that is specific to a type of discharge or geographic area or both that applies in lieu of an otherwise applicable general permit.

(D) "Applicable water quality standards" means all water quality standards that apply to waters of the state under Chapter 3745-1 of the Administrative Code and under federal regulations.

(E) "Applicable effluent standards and limitations" means all state and federal effluent standards, and limitations to which a discharge is subject under the act including, but not limited to, effluent limitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards.

(F) "Application" means the form used to apply for an individual Ohio NPDES permit.

(G) "Director" means the director of the Ohio environmental protection agency.

(H) "Discharge" means discharge of any pollutant or pollutants from a point source.

(I) "Discharge of a pollutant or pollutants" means any addition of any pollutant to waters of the state from a point source.

(J) "General NPDES permit" means a permit issued by the state of Ohio for a category of point source discharges originating from multiple sites.

(K) "Individual NPDES permit" means a permit issued by the state of Ohio for a discharge from a point source at a facility that is either in compliance with authorized discharge levels or that includes a schedule that will bring the point source into compliance with authorized discharge levels.

(L) "Notice of intent" or "NOI" means the form used to request coverage under a general NPDES permit.

(M) "Notice of termination" or "NOT" means the form used to request termination of coverage under a general NPDES permit.

(N) "NPDES" means national pollutant discharge elimination system pursuant to section 402 of the act and Chapter 6111. of the Revised Code.

(O) "Ohio EPA" means the Ohio environmental protection agency or its director as the context or other laws or regulations may require.

(P) "Person" means the state, any municipal corporation, any other political subdivision of the state, any person as defined in section 1.59 of the Revised Code, any interstate body created by compact, or the federal government or any department, agency, or instrumentality thereof.

(Q) "Point source" means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft, from which pollutants are or may be discharged.

(R) "Pollutant" means sewage, industrial waste, or other waste as defined by divisions (B) to (D) of section 6111.01 of the Revised Code.

(S) "Regional administrator" means the administrator of the United States environmental protection agency, region V.

(T) "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and other bodies or accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, that are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface or underground waters.

(U) "40 C.F.R." means Title 40 of the Code of Federal Regulations effective July 1, 2014.

[Comment: The Code of Federal Regulations and federal statutes listed in this rule can generally be found in public libraries, and can be viewed electronically online at http://www.gpo.gov/fdsys/ and purchased by writing to: "Superintendent of Documents. Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954."]

Effective: 12/1/2015
Five Year Review (FYR) Dates: 07/08/2015 and 12/01/2020
Promulgated Under: R.C. 119.03
Statutory Authority: R.C. 6111.03(G), 6111.035
Rule Amplifies: R.C. 6111.035
Prior Effective Dates: 09/01/1991, 05/19/2000, 01/20/2005, 07/01/2010