3745-1-05 Antidegradation.
(A) Definitions.
(1) "Available pollutant assimilative capacity" means the water body pollutant assimilative capacity for a substance, as determined in paragraph
(A)(26)(a)(A)(28)(a) of this rule, minus the background pollutant load, or the quantity for a substance as calculated in paragraph(A)(26)(b)(A)(28)(b) of this rule.(2) "Background pollutant load" means the sum of
: theall upstream pollutantloadloads of asubstance; all tributary loads in the segment; and the pollutantloads from discharges in the segment that discharge the pollutant but are notreceiving an allocation or permit limit for that pollutant. All portions of thebackground pollutant load shall be based upon appropriate methods identifiedin the total maximum daily load procedures, and shall be determined for allsubstances that impact the segment receiving the allocationregulated pollutant and has the same meaning as the background water quality as determined in accordance with paragraph (A)(3) of rule 3745-2-05 of the Administrative Code.(3) "Best available demonstrated control technology" means a wastewater treatment capable of meeting the following effluent limitations
in paragraph (A)(3)(a)or (A)(3)(b) of this rule, or a treatment designed as in accordance with theprovisions of paragraphs (A)(3)(c) to (A)(3)(f) of this ruleor design criteria.(a) For the discharge of sanitary wastewater from facilities using conventional treatment technologies, the effluent limitations in table 5-1 of this rule.
(b) For the discharge of sanitary wastewater from alternative treatment technologies such as lagoon systems, land application and controlled discharge systems, constructed wetland systems or combined sewer overflow control systems effluent limitations shall be developed on a case-by-case basis.
(c) For industrial direct discharges subject to federal effluent guidelines, the facility shall be designed to meet the most stringent of the new source performance standards, best conventional pollutant control technology, best available technology economically achievable and best practicable control technology currently available for the appropriate categorical guidelines of
40 C.F.R.40 C.F.R. 400 to 40 C.F.R. 471.(d) For categorical industrial indirect dischargers, the facility shall be designed to meet categorical pretreatment standards for existing sources or categorical pretreatment standards for new sources as contained in
Chapter 3745-3 of the Administrative Code.
(e) For non-categorical industrial direct or indirect discharges, effluent limitations will be developed based upon best engineering/professional judgment.
(f) For wastewater discharges resulting from clean-up of response action sites contaminated with volatile organic compounds, the facility shall include air-stripping, carbon columns, both, or equivalent treatment capable of achieving final thirty-day average effluent limits of five micrograms per liter or less for each individually regulated volatile organic compound.
(4) "Control document" means any authorization issued by a state or federal agency to any source of pollutants to waters under its jurisdiction that specifies conditions under which the source is allowed to operate.
(5) "Declining fish species" mean those species listed in table 5-2 of this rule. Declining fish species are native species that have declined in distribution across Ohio based on collection records since 1978 compared to historical distributions of fish species
documented in "Fishes of Ohio" (Trautman,1981).No later than ninety days after the effective date of this rule, thedirector, in consultation with the director of the department of naturalresources, shall establish and make available through public notice a registryof declining fish species. In the event that improved water quality results inthe decline of any pollutant tolerant native fish species the director may electnot to include such species on the registry if the ecological risks appearminimal. The registry shall be revised periodically if public comments orother circumstances justify.(6)
"Existing discharge" means a direct discharge of pollutants to waters of the statein existence at the time of the applicant's request to transfer pollutant loading.(7)
"Existing effluent quality based permit limitations" mean discharge limits forspecific pollutants specified in national pollutant discharge eliminationsystem permits issued prior to July 1, 1993 that were derived from an analysisof effluent quality reported in monthly operating report data, including anynegotiated limits that were based in part upon an analysis of effluent qualityreported in monthly operating report data.(6) "Designated uses" mean those uses assigned in Chapter 3745-1 of the Administrative Code for a water body or segment whether or not those uses are being attained. Specific designated uses are defined in rule 3745-1-07 of the Administrative Code.
(7) "Director" means the director of the Ohio environmental protection agency, or the director of the Ohio department of agriculture for projects or activities governed under Chapter 903 of the Revised Code.
(8) "Existing uses" mean those uses actually attained in the water body on or after November 28, 1975.
(8)(9) "Existing source" means any treatment worksthat were built and operationalunder the terms of a national pollutant discharge elimination system permitprior to July 1, 1993, but does not include expansions or upgrades of existingtreatment works authorized pursuant to rule 3745-31 of the AdministrativeCode after July 1, 1993.or disposal system, and its associated treatment/production capacity that:(a) Was built, operational and discharging prior to July 1, 1993; or
(b) Was authorized by a permit to install and/or national pollutant discharge elimination system permit issued after July 1, 1993.
An individual or a collection of several household sewage treatment systems does not constitute an existing source.
(9)(10) "High quality waters" mean all surface waters of the state except limited quality waters. Pursuant to division (A)(2) of section 6111.12 of the Revised Code,fivefour categories of high quality waters are hereby recognized and described in this paragraph.DesignationsCategorizations of specific water bodies shall follow the procedures in paragraph (E) of this rule.(a) "General high quality waters" are wetlands categorized as category 2 or 3 in accordance with rule 3745-1-54 of the Administrative Code and other surface waters that are not specifically
designatedcategorized limited quality waters, superior high quality waters, outstanding state waters, or outstanding national resource waters, outstanding highquality waters, or state resource waters.(b) "Superior high quality waters" are surface waters that possess exceptional ecological values
, exceptional recreational values or both,and that have been sodesignatedcategorized pursuant to paragraph (E) of this rule. Except as provided below, exceptional ecological values shall be assessed based upon a combination of the presence of threatened or endangered species and a high level of biological integrity. The following factors shall be considered in determining exceptional ecological value: providing habitat for Ohio or federal endangered species; providing habitat for Ohio threatened species; harboring stablepopulations of a declining fish species that coincide with the presence of suitable habitat for that species, or that coincide with an essential migration path between areas of suitable habitat for that species; and displaying a level of biological integrity equivalent to the exceptional warmwater habitat index of biotic integrity and/or invertebrate community index criteria values listed in rule 3745-1-07 of the Administrative Code.
Water bodies that exhibit a pattern of biological integrity equivalent to index of biotic integrity and, where applicable, invertebrate community index scores of fifty-six or greater at most sites are characteristic of a near-pristine aquatic habitat. Such waters, as well as other ecologically unique water bodies that have essentially undisturbed native faunas, but for which the biological criteria in rule 3745-1-07 of the Administrative Code do not apply, may be considered as possessing exceptional ecological values without the presence of threatened or endangered species.
Exceptional recreational values may include providing outstanding orunique opportunities for recreational boating, fishing or other personalenjoyment.(c)
"State resource waters" are surface waters so designated in rules3745-1-08 to 3745-1-30 of the Administrative Code and all publiclyowned lakes and reservoirs.(c) "Outstanding state waters" are waters that have special significance for the state because of their exceptional ecological values and/or exceptional recreational values, and that have been so categorized pursuant to paragraph (E) of this rule. To qualify on the basis of exceptional ecological values they must meet the qualifications for superior high quality waters and be further distinguished as being demonstratively among the best waters of the state from an ecological perspective. To qualify on the basis of exceptional recreational values they must provide outstanding or unique opportunities for recreational boating, fishing or other personal enjoyment.
(d) "Outstanding national resource waters"
and "outstanding high qualitywaters"are surface waters that have a national ecological or recreational significance, and that have been sodesignatedcategorized pursuant to paragraph (E) of this rule. National ecological significance may include providing habitat for populations of federal endangered or threatened species or displaying some unique combination of biological characteristics in addition to those factors listed in paragraph(A)(9)(b)(A)(10)(b) of this rule. National recreational significance may includedesignation in the national wild and scenic river system.
(10)(11) "Land application and controlled discharge system" means an innovative technology for the treatment of sewage that balances land application of treated wastewater with controlled discharges of wastewater under conditions that minimize stress on the aquatic environment. The system shall be designed to allow amaximum increase of 0.1 milligram per liter ofammonia-nitrogen in the receiving water body calculated according tomethods contained in the total maximum daily load proceduresdischarge during winter months and required land application of the wastewater during summer months.(11)(12) "Limited quality waters" mean wetlands categorized as category 1 in accordance with rule 3745-1-54 of the Administrative Code and other surface waters of the state specifically designated in rules 3745-1-08 to 3745-1-30 of the Administrative Code as limited resource water, nuisance prevention, limited warmwater habitat, or modified warmwater habitat.(13) "Mass discharge limit" means for an existing source:
(a) The average thirty-day mass limit specified in the national pollutant discharge elimination system permit; or
(b) The product of the average concentration limit specified in the permit and the permitted discharge flow, if no average mass limit is specified; or
(c) The product of an average concentration value derived from the maximum concentration limit specified in the permit using derivation methods established in the total maximum daily load procedures and the permitted discharge flow, if no average concentration or mass limit is specified.
(12)(14) "Minimal degradation alternative" means an alternative, other than the applicant's preferred alternative, including pollution prevention alternatives, that would result in a lesser lowering of water quality.(13)(15) "Mitigative technique alternative" means an alternative, other than the applicant's preferred alternative, or other on-site or off-site control measures designed to offset all or part of the lowering of water quality, preferably within the same watershed.(14)(16) "Modification of a facility"has the same meaning as defined in paragraph(J) of rule 3745-31-01 of the Administrative Code.means:(a) The addition of new wastewater or sources of pollutants to an existing source, including the addition of new industrial users; and
(b) Any other physical change at the facility from which the discharge is generated that increases the capacity of that facility to discharge a pollutant or results in the discharge of a pollutant not previously discharged, excluding the following:
(i) Routine repair, maintenance and replacement of existing equipment;
(ii) Increases in hours or rates of operation and the use of alternative fuels or raw materials that can be implemented without any physical changes to the facility; and
(iii) Physical changes designed to restore previously existing production or treatment capacity.
An expansion of the wastewater treatment system is not considered a modification of the facility.
(15)(17) "Net increase" meansthe amount by which the sum of the followingexceeds zero:(a)
The increase in a mass discharge limit attributable to the activity subjectto this rule; andFor a new source, any level of a regulated pollutant discharged to waters of the state as a result of the activity subject to this rule;(b)
All other contemporaneous increases or decreases attributable to otherpollutant source(s) affecting the surface water segment(s) underconsideration and which are stipulated as a condition of the applicant'spermit and which shall occur during the term of the applicant'spermit.For an existing source:(i) The amount by which the sum of the following exceeds zero:
(a) The increase in the mass discharge limit attributable to the activity subject to this rule; and
(b) All other contemporaneous increases or decreases attributable to other pollutant source(s) affecting the surface water segment(s) under consideration and which are stipulated as a condition of the applicant's permit and which shall occur during the term of the applicant's permit; or
(ii) For heat, bacteria and any other regulated pollutant which, though not measurable as a mass level is nonetheless susceptible to determinations of net increase, the amount by which the sum of the following exceeds zero:
(a) The increase in an authorized discharge level attributable to the activity subject to this rule; and
(b) All other contemporaneous increases or decreases attributable to other pollutant source(s) affecting the surface water segment(s) under consideration and which are stipulated as a condition of the applicant's permit and which shall occur during the term of the applicant's permit.
(16)(18) "New source" means any treatment works or disposal system other than an existing source, excluding new domestic sewage sources and industrial users tributary to a publicly owned treatment works. A new treatment works built to serve a home or homes with individual systems is considered a new source.(17)(19) "Non-degradation alternative" means an alternative, other than the applicant's preferred alternative, including pollution prevention alternatives, that would result in the elimination of the need to lower water quality.(18)(20) "Permit modification" means an application filed by the permit holder pursuant to paragraph (D) of rule 3745-33-04 of the Administrative Code.(19)(21) "Permitted discharge flow" means the discharge flow specified in the national pollutant discharge elimination system permit, or permit to install application if not specified in a national pollutant discharge elimination system permit, and shall be representative of the typical wastewater flow to be discharged by a facility when the wastewater facility is operating at full capacity, and considering, where applicable, discharge flows during wet weather events.Applicable wet weather flows include, but are not limited to,the increased flows at publicly owned treatment works authorized pursuant tonational or state combined sewer overflow strategies and the routing ofpre-existing industrial site stormwater runoff to an existing wastewatertreatment facility.(20)(22) "Pollution prevention alternative" means the use of source reduction techniques in order to reduce risk to public health, safety, 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 and/or pollutants and is multi-media in scope;it addresses all types of waste and environmental releases to the air, water and land.
(21)(23) "Regulated pollutant" means any parameter for which water quality criteria have been adopted in, or developed pursuant to, Chapter 3745-1 of the Administrative Code with the exception of biological criteria, and any other parameter that may be limited in a national pollutant discharge elimination system permit as a result of new source performance standards, best conventional pollutant control technology, best available technology economically achievable or best practicable control technology currently available for the appropriate categorical guidelines of40 C.F.R.40 C.F.R. 400 to 40 C.F.R. 471. For the purposes of this rule, pH and dissolved oxygen are not considered "regulated pollutants".(22)(24) "Remaining available pollutant assimilative capacity" means the available pollutant assimilative capacity for a substance minus the load already allocated to existing national pollutant discharge elimination system permits for dischargers in the water body segment receiving the allocation. This term is not used in the application of antidegradation for lake Erie.(25) "State resource water" is a designation of high quality waters that is being replaced by the categories of high quality waters described in paragraph (A)(10) of this rule. All water body segments currently designated state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code are categorized in this rule as general high quality waters, unless they are specifically listed in tables 5-4 to 5-7 of this rule. Waters designated state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code are subject to the considerations of paragraph (C)(5)(d) of this rule.
(23)(26) "Threatened species"meansmean those species listed in table 5-3 of this rule. A threatened species is an indigenous species whose survival in Ohio is not in immediate jeopardy, but to which a threat exists. Continued or increased stress will result in its becoming endangered.No later than ninetydays after the effective date of this rule, the director, in consultation with thedirector of the department of natural resources, shall establish and makeavailable through public notice a registry of threatened aquatic species. Theregistry shall be revised periodically if public comments or othercircumstances justify.(24)(27) "Total maximum daily load procedures" mean the procedures, policies andguidelinesfor calculating wasteload allocationsused by the director as of July1, 1993, or subsequent revisions to those procedures established in rulesadopted in accordance with Chapter 119. of the Revised Codeadopted in Chapter 3745-2 of the Administrative Code.(25)"Trace contaminants of primarily domestic origin" means any non-oxygendemanding substance potentially found in sewage, including, but not limitedto, copper, cadmium, lead, chromium and zinc, provided that such substancesare not discharged to the disposal system from a new or expanded industrialwater pollution control facility.(26)(28) "Water body pollutant assimilative capacity" means the total maximum allowable load of a substance for a specific water body segment and is calculated as:(a) For a stream, the water quality criteria for a substance multiplied by the total applicable flow at the end of the segment being studied. The applicable flow is determined using the total maximum daily load procedures; and
(b) For a lake
Erie, a value equal to the permitted discharge flow times Y, where Y equals eleven times the water quality criteria for a substance minus ten times the background concentration for the substance.Water body pollutant assimilative capacity for a lake
Eriecan also be determined by any alternative method which the director determines to be appropriate and consistent with the total maximum daily load procedures.(B) Applicability; responsibilities of the applicant.
Except as provided in paragraphs (B)(2), (D) and (F) of this rule, projects or activities covered under paragraph (B)(1) of this rule shall be subject to an antidegradation review described in paragraph (C) of this rule.
(1) This rule shall apply to the
activities, permits, certifications and othercircumstances described in this paragraphfollowing.(a) For existing sources, any re-issuance or modification of a national pollutant discharge elimination system permit that, if approved, would result in
a net increase in the discharge of any regulated pollutant asdetermined using the following criteria:(i)
NetAny net increase ofthe average thirty-day mass limit specifiedin the national pollutant discharge elimination system permit, ifan average mass limit is specifieda regulated pollutant;(ii)
If no average mass limit is specified, then a net increase above theproduct of:(a)The average concentration limit specified in the nationalpollutant discharge elimination system permit, if an averageconcentration limit is specified, and(b)The permitted discharge flow or the flow used in thewasteload allocation;(iii)
If neither an average mass limit nor an average concentration limitare specified, then a net increase above the product of:(a)An average concentration value derived from the maximumconcentration limit specified in the national pollutantdischarge elimination system permit, if a maximumconcentration limit is specified, using derivation methodsestablished in the total maximum daily load procedures, and(b)The permitted discharge flow or the flow used in thewasteload allocation;(iv)(ii) If the national pollutant discharge elimination system permit specifies no limit for the pollutant, then the imposition of any effluent limitif the pollutant is present, or present in greateramounts, because of any of the following conditions:as a result of a modification of the facility; or(a)A physical change in, or change in the operation of, a publiclyowned treatment works; or(b)The addition of a significant industrial user, as defined in rule3745-3-01 of the Administrative Code; or(c)A physical change in, or change in the operation of, industrialprocesses and/or wastewater treatment at a significantindustrial user as defined in rule 3745-3-01 of theAdministrative Code; or(d)A physical change in, or change in the operation of, industrialprocesses and/or wastewater treatment at a permittedfacility other than a publicly owned treatment works.(iii) Approval of combined sewer overflow long term control plans and incorporation of the appropriate conditions into an NPDES permit. Long term control plans shall address planned sewer connections/development tributary to the collection system.
(b) For new sources
not already in existence as of October 1, 1996, any permit to install or national pollutant discharge elimination system permit application that, if approved, would result in a net increase in the discharge of any regulated pollutant. For these sources, if a national pollutant discharge elimination system permit application is submitted and approved under the provisions of this rule, a subsequent permit to install application proposing the selected alternative will not be subject to review under this rule.(c)
For new sources already in existence as of October 1, 1996, if the sourceis discharging to waters of the state under the terms of a nationalpollutant discharge elimination system permit issued on or after July 1,1993, or if the new source is comprised entirely of stormwater runofffrom an existing site or facility whether under permit or not, the criteriafor determining this rule's applicability shall be those specified inparagraph (B)(1)(a) of this rule. Except as provided above forstormwater runoff, if the new source is already in existence anddischarging to waters of the state without a national pollutant dischargeelimination system permit, the net increase shall be determined basedupon the discharge of any regulated pollutant above the product of:(i)The ninety-fifth percentile of the actual concentrations calculatedaccording to procedures established in the total maximum dailyload procedures, and(ii)The permitted discharge flow or the flow used in the wasteloadallocation.(d)(c) Any section 401 water quality certification application pursuant to Chapter 3745-32 of the Administrative Code.(e)(d) Any nonpoint source of pollution that results in a net increase in the release of any regulated pollutant, provided the director has separate authority to regulate the activity.(f)(e)AnyUnless authorized by a section 404 permit and section 401 water quality certification or a state isolated wetland permit, any permit to install application reviewed pursuant to Chapter 6111. of the Revised Code thatinvolveswould authorize the placement of fill or the construction of any portion of a sewerage system in or neara streambedsurface waters of the state, if the director determines thatstreamaquatic habitat alterations caused by the activity and associated construction disturbances wouldlower the water quality as measured bythe applicable biological criteria identified in rule 3745-1-07 of theAdministrative Code by more than the following amount(s): index ofbiotic integrity, four units; or, invertebrate community index, four units;or, modified index of well-being, 0.5 unitsresult in the loss of an existing or designated use as defined in this chapter.(g)(f) The transfer of all or a portion of the wastewater discharged by a treatment works to a different receiving water body, or to a different treatment works discharging to a different water body, unless the transfer is to a treatment works with capacity to accept the transferred wastewater within the terms of its existing national pollutant discharge elimination system permit, or to an existing outfall at a facility which issubject to best available treatment economically achievable or newsource performance standards established under 40 C.F.R. part 420 andfor which alternative limitations derived under 40 C.F.R. part 420.03are being sought. If a discharge is relocated on the same receiving water body within two miles of the original discharge then there is considered to be no net increase in the discharge.(g) The issuance by the director of environmental protection, in accordance with Chapter 3745-38 of the Administrative Code, or by the director of agriculture, in accordance with Chapter 901:10-4 of the Administrative Code, of a general national pollutant discharge elimination system permit that would result in a net increase.
(h) Any state isolated wetland permit application submitted under section 6111.024 of the Revised Code.
(2) The activities, permits, applications, certifications or other circumstances described in this paragraph are exempt from all provisions of this rule.
(a) Any existing source discharging to waters of the state prior to July 1, 1993, or modifications of a facility made after July 1, 1993, that is not discharging under the terms of a national pollutant discharge elimination system permit. Only the portion of the flow that the existing source was capable of discharging as of July 1, 1993 shall not be subject to the rule provisions.
(b) Any existing source where the net increase is simply the result of allowing a previously authorized or documented production/treatment capacity to be achieved.
(c) Any permit to install application for a sanitary sewer line extension or a new or expanding industrial user upstream of combined sewer overflows in a community operating a combined sewer system if:
(i) The application conforms to the conditions related to an approved
long term development/planning documents associated with combined sewer overflow control measures incorporated into a national pollutant discharge elimination system permit as referenced in paragraph (B)(1)(a)(iii) of this rule; or
(ii) It can be documented that subsequent overflows from the combined sewer system will only occur in situations where the wet weather flows within the sanitary sewers exceed six times the average dry weather flows within the sanitary sewers; or
(iii) It can be documented that the combined sewers are and will continue to be operating at less than the original design dry weather capacity; or
(iv) There is an approved and ongoing flow/pollutant offset or infiltration/inflow reduction program for the collection system.
(d)Any notice of intent filed with the director of environmental protection requesting coverage under a general national pollutant discharge elimination system permit issued in accordance with Chapter 3745-38 of the Administrative Code or notice of intent filed with the director of agriculture requesting coverage under a general national pollutant discharge elimination system permit issued in accordance with Chapter 901:10-4 of the Administrative Code.
(e) Any discharge that, as the result of the addition of heat associated with the process or wastewater treatment system, increases the ambient temperature of the receiving water body by less than 1°F or is otherwise covered by the provisions of a section 316(a) variance.
(f)The initial inclusion of whole effluent toxicity limitations in any national pollutant discharge elimination system permit or other control document, if there has been no change in discharge since July 1, 1993.
(g) The addition or expansion of an industrial user to a publicly owned treatment works (POTW) collection system that does not trigger a permit limit for the POTW. Local limits shall be established for the POTW pretreatment program, or equivalent, utilizing a ten per cent safety factor when performing the evaluation related to effluent limitations to protect water quality standards.
(h) The addition of domestic sewage sources to the POTW within the design capacity of the POTW.
(2)(3) Except as provided in paragraphs (B)(2), (D) and (F) of this rule, the applicant covered by paragraph (B)(1) of this rule must submit documentationof the following.
(a) Identification of the substances to be discharged, including the amount of regulated pollutants to be discharged in terms of mass and concentration, and, if paragraph
(B)(1)(d)(B)(1)(c) of this rule applies, the amount of dredged and fill material to be discharged.(b) A description of any construction work, fill or other structures to occur or be placed in or near the stream bed.
(c) A description and schematic of the applicant's preferred alternative for design and operation, including appropriate cost estimates, of the activity.
(d)Description and analyses, including availability, cost effectiveness and technical feasibility, of the utilization of central or regional treatment facilities rather than creating a new point source discharge. This analysis shall include an evaluation of long-range plans outlined in state or local water quality management planning documents and applicable facility planning documents.
(d)(e) Descriptions, schematics and analyses of non-degradation alternatives, minimal degradation alternatives and mitigative technique alternatives for the design and operation, including appropriate cost estimates, of the activity that the applicant has considered.(e)(f) An estimate of the important social, economic and environmental benefits to be realized through the project or activity if the water quality is lowered, including, as appropriate, the number and types of jobs created and the tax revenues generated.(f)(g) An estimate of important social, economic and environmental benefits to be lost if water quality is lowered, such as lost or lowered recreational opportunities.(g)(h) To the extent that such information is known to those in the local community or is otherwise public, a listing and description of all government or privately sponsored conservation projects that have specifically targeted improved water quality and/or enhanced recreational opportunities on the water body(ies) affected by the activity.(C) Antidegradation review requirements.
(1) Protection of water body uses.
Existing
instream wateruses,aswhich are determined using the use designations defined in rule 3745-1-07 of the Administrative Code, and the level of water quality necessary to protect existing uses, shall be maintained and protected. There may be no degradation of water quality that results in either a violation of the applicable water quality criteria for the designated uses, unless authorized by a water quality standard variance issued in accordance with rule 3745-33-07 of the Administrative Code, or the elimination or substantial impairment of existinginstream wateruses. The director shall, pursuant to paragraph (A)(6) of rule 3745-1-07 of the Administrative Code, prohibit increased concentrations of specific regulated pollutants that are incompatible with the attainment or restoration of the designated use. Existing wetland uses, as defined in rule 3745-1-53 of the Administrative Code, shall be maintained and protected in accordance with rules 3745-1-50 to 3745-1-54 of the Administrative Code.(2) Required treatment technology, nonpoint source controls.
Except as provided in paragraph (D)(2) of this rule, any net increase in the discharge of a specific regulated pollutant resulting from a modification or new source shall, as a minimum, be controlled through best available demonstrated control technology relative to the specific regulated pollutant. More stringent treatment may be required pursuant to paragraph (C)(8) of this rule, or if needed to meet water quality standards. Feasible management or regulatory programs pursuant to sections 208, 303 and 319 of the Act, 33
U.S.C. Sections 1288 (effective February 4, 1987), 1313 (effective October 10, 2000) and 1329 (effective February 4, 1987), shall be applied to nonpoint sources.
(3) Public involvement.
TheExcept as provided in paragraphs (B)(2) and (D) of this rule, the director shall provide for public participation and intergovernmental coordination prior to taking action on all activities covered by paragraph (B)(1) of this rule using the provisions of this paragraph.(a)
TheIn accordance with Chapter 3745-47 of the Administrative Code, the director shall publish a public notice within thirty days regarding receipt of any permitto install application, national pollutant dischargeelimination system permitapplication,orsection 401 water quality certification application or state isolated wetland permit application covered by paragraph (B)(1) of this rule. The purpose of such notice shall beto inform other potentially affected persons,to allow forinspection and review of the application, to indicate that the project is subject to the provisions of this rule and whether any of the exclusions or waivers described in paragraph (D) of this rule apply, to instruct people to contact the director within thirty days, if they want to be on the interested parties mailing list for that application,
to advertise thedate, time and place of any public hearing required under paragraph(C)(3)(c) of this rule,and, on general high quality waters and limited quality waters, to determine whether there is interest in having a public hearing.All notices of hearings required by paragraph (C)(3)(c) of this rule shallbe published once in a newspaper having general circulation in thecounty where the source, activity or facility is located. The notice shallbe published at least forty-five days before the hearing.Notices shallalsobe sent by first class mail to all persons on the mailing list created pursuant to paragraph(C)(3)(b)(C)(3)(d) of this rule.(b) The director shall develop an informational fact sheet for each permit or activity for which a public notice is issued in accordance with paragraph (C)(3)(a) of this rule, excluding section 401 water quality certification and state isolated wetland permit activities, within thirty days of receipt of the application. The purpose of such fact sheet shall be to: provide information to potentially affected parties; provide a description of the project; outline the review process and schedule; specify where the application/permits can be viewed; identify the waterbody(ies) potentially affected; instruct individuals how to request to be on the interested parties mailing list; provide an opportunity to request a public hearing pursuant to paragraph (C)(3)(f) of this rule; and advertise the date, time and location of a public hearing if one is scheduled pursuant to paragraph (C)(3)(e) of this rule. These fact sheets shall be sent by first class mail, or alternative means as requested, to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.
(c) All notices of public hearings required by paragraphs (C)(3)(e) and (C)(3)(f) of this rule shall be published once in a newspaper having general circulation in the county where the source, activity or facility is located. The notice shall be published at least forty-five days before the hearing. Notices of hearings shall also be sent by first class mail, or by alternative means as requested, to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.
(b)(d) The director shall develop and maintain a list of persons and organizations who have expressed an interest in or may, by the nature of their purposes, activities or members, be affected by or have aninterest in antidegradation reviews. These persons and organizations may request that all fact sheets or public hearing public notices identified by this rule be forwarded to them by means other than first class mail (e.g., by electronic transmission).
(c)(e) Within ninety days of receipt of the application, the director shall hold a public hearing for any permitto install application, or nationalpollutant discharge elimination system permitapplication,orsection401 water quality certification application or state isolated wetland
permit application
for a category 3 wetlandcovered by paragraph(B)(1) of this rule whenever a water body
designatedcategorized outstanding national resource water,outstanding high quality water,state resource water oroutstanding state water, superior high quality water or category 3 wetland is affected. This public hearing shall be for the purpose of evaluating issues related to lower water quality and shall be prior to and separate from a public hearing on the proposed or draft action on the application.(d)(f) For general high quality waters other than category 3 wetlands and for limited quality waters, the director shall hold a public hearing for any permit to install application, national pollutant discharge elimination system permit application,orsection 401 water quality certification application or state isolated wetland permit application covered by paragraph (B)(1) of this rule whenever the director determines there is significant public interest. A public hearing shall be held for the issuance of any draft general national pollutant discharge elimination system permit.A public notice advertising the date, time and place ofthe public hearing shall be published once in a newspaper havinggeneral circulation in the county where the source, activity or facility islocated. The notice shall be published at least forty-five days before thehearing, unless the director determines there are no complex orcontroversial matters to be addressed in which case the noticerequirement is reduced to no less than thirty days. Notices shall also besent by first class mail to all persons on the mailing lists createdpursuant to paragraphs (C)(3)(a) and (C)(3)(b) of this rule.The director shall hold public hearings relative to issues of lower water quality
either as a separate public hearing preceding the proposed ordraft action, oras a concurrent hearing at the time of the draft or proposed action, unless the application is covered by paragraph (D) ofthis rule.IfHowever, if the application is not covered by paragraph (D) of this ruleand the application is not otherwise covered by paragraph(C)(3)(c) of this rule, the directorshallmay choose to holdconcurrenta publichearingshearingat the time ofpreceding the draft or proposed action if, at the director's discretion, the project is considered to becontroversial or complex. For section 401 water quality certification applications and state isolated wetland permit applications, the public hearing shall precede any action of the director.
(e)(g) A public notice of the director's proposed or draft action regarding the activity and its potential to lower water quality shall be published following the procedures in Chapter 3745-47 of the Administrative Code. The director shall provide notification by first class mail, or alternative means as requested, to all interested parties identified through the procedures in paragraph (C)(3) of this rule. Additional procedures are described in paragraph (C)(8) of this rule.(f)(h) The director shall notify the Ohio department of natural resources, the United States fish and wildlife service, the United States environmental protection agency and any affected local areawide planning agencies of all proposed activities that may lower water quality. In addition, for activities covered under paragraph (B)(1)(a), (B)(1)(b), (B)(1)(c)or(B)(1)(g)(B)(1)(f) of this rule, the director shall notify the Ohio department of development and any affected local governmental units. The director or the other agencies may initiate additional intergovernmental coordination.(4) Outstanding national resource waters.
The director shall impose the following requirements on all activities covered by paragraph (B)(1) of this rule that discharge to outstanding national resource waters, or that discharge upstream of outstanding national resource waters.
(a) Present ambient water quality in outstanding national resource waters shall not be degraded for any substance.
(b) The director may re-issue permits for any source discharging to an outstanding national resource water if the source had a national pollutant discharge elimination system permit at the time the water body was
designatedcategorized an outstanding national resource water as described in paragraph (E) of this rule, provided there is no increase in the permitted discharge concentrations or loads.(c) New sources may not discharge directly to outstanding national resource waters, and may not discharge at points located upstream from outstanding national resource waters unless it can be demonstrated by the applicant that the chemical and biological quality of the outstanding national resource water will not be adversely affected.
(d) Notwithstanding the provisions stated in paragraph (C)(4)(a) and (C)(4)(e) of this rule, activities that result in short-term changes in water quality in outstanding national resource waters may be allowed if the director determines there will be no long-term detrimental impact. Activities resulting in short-term impacts on outstanding national resource waters will be subject to a review of non-degradation alternatives, minimal degradation alternatives, mitigative technique alternatives, economic and social benefits, public participation and intergovernmental coordination.
(e) Notwithstanding the provisions stated in paragraphs (C)(4)(a) and (C)(4)(d) of this rule discharges of dredged and fill material to outstanding national resource waters that are wetlands, and are owned and managed solely for natural area preservation, public recreation, education or scientific purposes, may be authorized provided the discharges and associated activities result in only a short-term disturbance to water quality and will not adversely affect the ecological quality of the wetland or other surface waters. Authorized discharges and associated activities include boardwalk construction, repair and maintenance of dikes and other hydrological controls, and removal of non-native and invasive plant species. For these discharges and associated activities the director may waive the need for the review outlined in paragraph (C)(4)(d) of this rule.
(5)
Outstanding high quality waters.The director shall impose the following requirements on all activities coveredby paragraph (B)(1) of this rule that discharge to outstanding high qualitywaters, or that discharge upstream of outstanding high quality waters andmeasurably affect the water quality of an outstanding high quality water.(a)
The director may re-issue permits for existing sources discharging tooutstanding high quality waters, but there may be no net increase inallowable mass loading. There may be no increase in permitteddischarge concentration of regulated pollutants unless the increase is theresult of water conservation practices at the facility. This increase inconcentration may not exceed a five per cent change in the ambientwater quality of the receiving water as projected to occur underappropriate environmental design conditions.(b)
New sources and modifications may not discharge directly to outstandinghigh quality waters unless the discharge is equivalent to the existingbackground water quality at the proposed point of discharge.(c)
New sources and modifications may not discharge at points locatedupstream from outstanding high quality waters unless it can bedemonstrated by the applicant that the chemical and biological qualityof the outstanding high quality water will not be measurably affected.Measurably affected in this context shall mean a change which can bedetected with reasonable scientific certainty using the analyticalmethods cited in rule 3745-1-03 of the Administrative Code, providedany proposed discharge complies with all applicable water qualitystandards and will not raise pollutant loading rates to harmful levels.(d)
Activities that result in short-term changes in water quality in outstandinghigh quality waters may be allowed if the director determines there willbe no long-term detrimental impact. Activities resulting in short-termimpacts on outstanding high quality waters will be subject to a reviewof non-degradation alternatives, minimal degradation alternatives,mitigative technique alternatives, economic and social benefits, publicparticipation and intergovernmental coordination.(6)(5) Other waters.For waters other than outstanding national resource waters
, outstanding highquality watersand limited quality waters, the director shall impose the following requirements on all activities covered by paragraph (B)(1) of this rule, except that for section 401 water quality certifications and state isolated wetland permits pursuant to section 6111.024 of the Revised Codeorindividual dredge and fill permitsfor high quality waters that are wetlands, the director shall impose the requirements specified in rules 3745-1-50 to 3745-1-54 of the Administrative Code in lieu of paragraphs(C)(6)(C)(5) and (C)(8) of this rule. In addition, the director may apply the items in paragraphs(C)(6)(a)(C)(5)(a) to(C)(6)(f)(C)(5)(f) and(C)(6)(k)(C)(5)(k) to(C)(6)(m)(C)(5)(m) of this rule, may consider cumulative impacts as defined in paragraph (I) of rule 3745-1-50 of the Administrative Code, and shall consider whether the wetland is scarce regionally or statewide and the feasibility of replacing that wetland type, in making a decision whether to allow the lowering of water quality.
The director may approve activities that lower water quality only if there has been an examination of non-degradation, minimal degradation and mitigative technique alternatives, a review of the social and economic issues related to the activity, a public participation process and appropriate intergovernmental coordination, and the director determines that the lower water quality is necessary to accommodate important social or economic development in the area in which the water body is located.
The director may require the applicant to implement a non-degradation alternative, a minimal degradation alternative or a mitigative technique alternative to offset all or part of the proposed lowering of water quality, if
the director determines that the alternative is technically feasible and economically justifiable. Any lowering of water quality shall not exceed the limitations specified in paragraph
(C)(7)(C)(6) of this rule.When making determinations regarding proposed activities that lower water quality the director shall consider the following:
(a) The magnitude of the proposed lowering of water quality;
(b) The anticipated impact of the proposed lowering of water quality on aquatic life and wildlife, including threatened and endangered species, important commercial or recreational sport fish species, other individual species and the overall aquatic community structure and function;
(c) The anticipated impact of the proposed lowering of water quality on human health and the overall quality and value of the water resource;
(d) The degree to which water quality may be lowered in waters located within national, state or local parks, preserves or wildlife areas, waters listed as state resource waters in rules 3745-1-08 to 3745-1-30 of the
Administrative Code, or waters
designated outstanding high qualitywaters,categorized outstanding national resource waters, outstanding state waters or superior high quality watersor state resource waters;(e) The effects of lower water quality on the economic value of the water body for recreation, tourism and other commercial activities, aesthetics, or other use and enjoyment by humans;
(f) The extent to which the resources or characteristics adversely impacted by the lowered water quality are unique or rare within the locality or state;
(g) The cost of the water pollution controls associated with the proposed activity;
(h) The cost effectiveness and technical feasibility of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives and the effluent reduction benefits and water quality benefits associated with such alternatives;
(i) The availability, cost effectiveness, and technical feasibility of central or regional sewage collection and treatment facilities, including long-range plans outlined in state or local water quality management
planning documents and applicable facility planning documents;
(j) The availability, reliability and cost effectiveness of any non-degradation alternative, minimal degradation alternative or mitigative technique alternative;
(k) The reliability of the preferred alternative including, but not limited to, the possibility of recurring operational and maintenance difficulties that would lead to increased degradation;
(l) The condition of the local economy, the number and types of new direct and indirect jobs to be created, state and local tax revenue to be generated, and other economic and social factors as the director deems appropriate; and
(m) Any other information regarding the proposed activities and the affected water body that the director deems appropriate.
(7)(6) Set asides to limit lower water quality.In addition to the other provisions of paragraph (C) of this rule, the director shall not allow water quality to be lowered by more than as specified in this paragraph when acting on applications or activities covered by paragraph (B)(1) of this rule.
(a)
Except as provided in paragraphs (C)(7)(b) and (D)(1)(b)(iv) of this rule,present ambient water quality in state resource waters will not bedegraded for all substances determined to be toxic or to interfere withany designated use as determined by the director.For outstanding state waters, the director shall reserve seventy per cent of the remaining available pollutant assimilative capacity for all regulated pollutants for which water quality criteria have been adopted in or developed pursuant to Chapter 3745-1 of the Administrative Code. The reserved portion shall not be allocated to any source unless the provisions of paragraph (C)(7) of this rule are applied. The requirements of this paragraph shall not apply to any water body categorized as outstanding state water solely because of its exceptional recreational value.(b)
If the other provisions of paragraph (C) of this rule are followed, thedirector may allow a lowering of water quality in state resource watersif it is the result of the discharge of oxygen demanding wastewater andother trace contaminants of primarily domestic origin, and the effluentlimits are equivalent to or better than those in table 5-1 of this rule. Atthe time the director acts on the application, he shall reserve a portionof the remaining available pollutant assimilative capacity as it relates toammonia-nitrogen, dissolved oxygen and biochemical oxygen demand.The reserved portion shall be determined on a case-by-case basis andshall be specified in the public notice, fact sheet and permit associatedwith the application.(c)(b) For lake Erie, new and existing sources shall be limited to the water body pollutant assimilative capacity as defined in paragraph(A)(26)(b)(A)(28)(b) of this rule.(d)(c) For superior high quality waters, other than lake Erie and those waters covered by paragraph (C)(6)(e) of this rule, the director shall reserveaportionthirty-five per cent of the remaining available pollutant assimilative capacity for all regulated pollutants for which water quality criteria have been established in Chapter 3745-1 of the Administrative Code. The reserved portionshall be within the range of ninety to thirtyper cent of the remaining available pollutant assimilative capacity, shallapply to all regulated pollutants andshall not be allocated to any source unless the provisions of paragraph (C)(7) of this rule are applied. The directorshall determine the appropriate reserved portion at the time thewater body is designated as a superior high quality water undermay reserve a higher percentage of the remaining available pollutant assimilative capacity if there is scientific evidence that strongly suggests that resident or representative species are more sensitive to a pollutant or class of pollutants and may be inadequately protected using the applicable water quality criteria and the standard set aside provision. The higher set aside shall be established for specific pollutant(s) or classes of pollutants through rule making pursuant to paragraph (E) of this rule.The requirements of this paragraph shall not apply to anywater body that is not listed in rules 3745-1-08 to 3745-1-30 of theAdministrative Code or to any water body designated as a superior highquality water solely because of its exceptional recreational value.(e)(d) For general high quality waters and limited quality waters, water quality may not be lower than the applicable water quality criteria for the water body, unless authorized by a water quality standard variance issued in accordance with appropriate rules.(e) For outstanding state waters so categorized because of exceptional recreational value the director shall:
(i) Evaluate, or cause the applicant to evaluate, the impact of the project on bacteriological contamination for any project covered under paragraph (B)(1) of this rule. No permit shall be granted if the
director finds that the project or discharge will result in a significant long term increase in the frequency and duration of bacteriological pollution.
(ii) Review all permit actions, covered under paragraph (B)(1) of this rule, to minimize the introduction of pollutants or floating debris and materials which may affect the aesthetic quality of the receiving waters.
(7) Credit projects.
An applicant for a project covered under paragraph (B)(1) of this rule may request that the director approve a credit project in lieu of the set asides described in paragraphs (C)(6)(a) and (C)(6)(c) of this rule. In order for a credit project to be considered for approval, the proposal must:
(a) Occur in the same water body where the proposed lowering of water quality is to take place; and
(b) Not necessarily offset the proposed pollutant load being pursued, but address an existing or potential threat to the water body. This may include providing for water body enhancement or restoration activities.
If the director determines to approve a credit project in lieu of the set asides described in paragraphs (C)(6)(a) and (C)(6)(c), he may include, at his discretion, an alternative lower set aside to accompany the credit project. A lower set aside must be established through rule making and incorporated into tables established in paragraph (E) of this rule.
(8) Procedures.
(a) The director shall assess each proposed activity covered by paragraph (B)(1) or (F) of this rule on a case-by-case basis. For each proposed activity
not otherwise excluded pursuant to paragraph (D) of this rule, the director shall weigh theapplicant'sinformation acquired relative to the proposal, that submitted by the applicant or otherwise obtained by the director, and all comments presented during the public review period, including intergovernmental comments, and make a determination to:(i) Allow the applicant's preferred alternative with appropriate conditions, if applicable, and the lower water quality as proposed because it has been determined that a discharge or the activity is necessary;
(ii) Deny the applicant's preferred alternative as proposed; or
(iii)
Allow the applicant's non-degradation alternative(s) in lieu of theapplicant's preferred alternative that, if implemented by theapplicant, would result in no lowering of water quality;or,Require a cost beneficial, technically feasible and/or available non-degradation, minimal degradation or mitigative technique alternative that would result in no or a lesser lowering of water quality.(iv)
Allow the applicant's minimal degradation alternative(s) oracceptable mitigative technique alternative(s) in lieu of theapplicant's preferred alternative that, if implemented by theapplicant, would result in a lesser lowering of water quality.(b) Any action of the director issuing a permit to install or a national pollutant discharge elimination system permit covered under paragraph (B)(1) or
(F) of this rule shall be preceded by a draft action and shall be issued in accordance with Chapter 3745-47 of the Administrative Code.
(c) Any action of the director denying a permit to install or a national pollutant discharge elimination system permit covered under paragraph (B)(1) or (F) of this rule shall be preceded by a proposed action and shall be issued in accordance with Chapter 3745-47 of the Administrative Code.
(d) Any action of the director on a section 401 water quality certification covered under paragraph (B)(1) or (F) of this rule shall be taken in accordance with Chapters 3745-32 and 3745-47 of the Administrative Code.
(e) Any action of the director on a state isolated wetland permit application submitted pursuant to section 6111.024 of the Revised Code and covered under paragraph (B)(1) or (F) of this rule shall be taken in accordance with Chapter 3745-47 of the Administrative Code.
(D) Exclusions and waivers.
The exclusions and waivers described in paragraphs (D)(1)(a), (D)(1)(b), (D)(1)(d), (D)(1)(e) and (D)(3) of this rule do not apply to bioaccumulative chemicals of concern within the lake Erie basin.
(1) The following situations are excluded from the submittal and review
requirements listed in paragraphs
(B)(2)(c)(B)(3)(e) to(B)(2)(g), (C)(6)(B)(3)(h) and(C)(8)(C)(5) of this rule. In determining the applicability of any of the following exclusions, the evaluation shall not only consider potential effects or impacts to the receiving waters, but also to any subsequent waters potentially affected by the discharge or activity.(a) Any source discharging to limited quality waters.
(b) Any de minimis net increase determined using the following criteria:. For the discharge of primarily sanitary wastewaters, only ammonia-nitrogen will be evaluated to determine the applicability of the appropriate exclusion.
(i) For general high quality waters, any net increase in the discharge of a regulated pollutant that
does not exceedis less than ten per cent of the wasteload allocation to maintain water quality standards calculated using total maximum daily load procedures, provided the proposed lowering of water quality does not exceed eighty per cent of the wasteload allocation to maintain water quality standards calculated using total maximum daily load procedures.(ii) For superior high quality waters, other than lake Erie, and outstanding state waters any net increase in the discharge of a regulated pollutant that results in less than a five per cent change in the ambient water quality concentration of the receiving water as projected to occur using total maximum daily load procedures, provided the proposed lowering of water quality does not exceed the portion of the remaining available assimilative capacity specified by the director pursuant to paragraphs
(C)(7)(d)(C)(6)(a) or (C)(6)(c) and (E) of this rule.(iii) For lake Erie any net increase in the discharge of a regulated pollutant that
does not exceedis less than ten per cent of the water body pollutant assimilative capacity.(iv)
For state resource waters, any net increase in the discharge of aregulated pollutant that results in less than a five per cent changein the ambient water quality concentration of the receiving wateras projected to occur under total maximum daily load procedures,provided the application of this exclusion is limited to a singleexclusion per each five-mile long segment of stream designatedas state resource water, or a single exclusion per lake, reservoir orwetland designated as state resource water.(c) Combined sewer overflow elimination or reduction projects affecting one or more water bodies where there will be a net decrease in the overall pollutant loadings discharged to surface waters of the state. Treatment byproducts of combined sewer overflow discharges (e.g., chlorine for disinfection) shall be excluded from review.
(d) Any disposal system built and operated exclusively for the treatment of
volatile organic compoundscontaminated groundwater at response action clean-up sitesand which includes air-stripping, carbon columns,both, or equivalent treatment, and which achieves final effluent limitsof five micrograms per liter or less as a thirty-day average for eachindividually regulated volatile organic compound.(e) Any disposal system built and operated as a land application and controlled discharge system as defined in paragraph
(A)(10)(A)(11) of this rule.(f)
Any permit to install application for a project designed exclusively torestore, maintain or ensure design capacity and associated pollutantdischarge levels already authorized in an effective national pollutantdischarge elimination system permit.(g)(f) Any net increase in the discharge of a regulated pollutant resulting from a change in fuel used by the discharger, provided the discharger was capable of accommodating the new fuel on the effective date of this rule.(h)Any application approved pursuant to the authorization for storm waterdischarges associated with construction activity under the nationalpollutant discharge elimination system permit numbers OHR100000,OHC00001 or any subsequent reissuance of these same permits.(i)Any application or group application approved pursuant to the generalpermit authorization to discharge storm water associated with industrialactivity under the national pollutant discharge elimination systempermit numbers OHR000002, OHG000001 or any subsequentreissuance of these same permits.(j)Any application approved pursuant to the general permit authorization todischarge wastewater from coal mining activities under the nationalpollutant discharge elimination system permit number OHM000001 orany subsequent reissuance of this same permit.(k)(g) Any imposition of mercury effluent limitations in an NPDES permit for an existing sourceor new source already in existence as of October1, 1996where the mercury limitations are based on a variance pursuant to paragraph (D)(10) of rule 3745-33-07 of the Administrative Code.(h) Any discharge of the following regulated pollutants within the range indicated:
(i) Total suspended solids at or below sixty-five mg/l; or
(ii) Oil and grease at or below ten mg/l.
(i) Any discharge that, as the result of the addition of heat associated with the process or wastewater treatment system, increases the ambient temperature of the receiving stream greater than or equal to 1°F, as calculated using total maximum daily load procedures, up to that allowed through water quality standards.
(j) Any general permit developed by the director in accordance with the provisions of Chapter 3745-38 of the Administrative Code.
(2) The director may waive the requirement to install best available demonstrated control technology for new sources discharging sanitary wastewater if:
(a) The modification, new source or national pollutant discharge elimination system application is for a project designed exclusively to restore, maintain or ensure design capacity and associated pollutant discharge levels already authorized in an effective national pollutant discharge elimination system permit; or
(b) The modification, new source or national pollutant discharge elimination system application is the direct and sole result of a proposed transfer of pollutant loading from an existing direct discharge of pollution to waters of the state, and the director has determined that the transfer will result in overall environmental improvement. The director's determination on this matter shall be based upon the antidegradation review process specified in paragraph (C) of this rule, unless otherwise excluded from such review pursuant to paragraph (D) of this rule.
(3) The director may waive the submittal and review requirements listed in paragraphs
(B)(2)(e)(B)(3)(f) to(B)(2)(g), (C)(6)(B)(3)(h) and(C)(8)(C)(5) of this rule if it is determined that:(a) The proposed net increase in the discharge of a regulated pollutant does not result in an increase in the ambient water quality concentration of the receiving water after mixing as projected to occur under the total maximum daily load procedures;
(b) Any proposed net increase in the discharge of nutrients (such as, but not limited to, phosphorus and nitrogen) or toxic substances complies with all applicable water quality standards and will not threaten environmentally sensitive areas such as downstream lakes, reservoirs, wetlands, exceptional warmwater habitats, coldwater habitats, outstanding national resource waters, outstanding
high qualitystate waters, or superior high quality watersor state resource waters; and(c) The requirements of
paragraph (B)(2)(d)paragraphs (B)(3)(d) and (B)(3)(e) of this rule have been met and the director determines that none of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives for the design and operation of the activity are technically feasible and economically justifiable.(4)
If the conditions set forth in this paragraph are met, the director may waive therequirements of paragraphs (C)(3)(a), (C)(3)(c) and (C)(3)(d) of this rule foractivities covered by paragraph (B)(1) of this rule. The applicant must havepreviously submitted a general plan for wastewater disposal which includedan analysis of non-degradation, minimum degradation and mitigativetechnique alternatives. The general plan must have been the subject of apublic meeting held by the Ohio environmental protection agency after July1, 1993 and before the effective date of this rule. The director's public noticeregarding the public meeting must have followed the procedures in Chapter3745-47 of the Administrative Code and contained a reference to the potentialfor the lowering of water quality.(5)(4) Nothing in this rule shall prohibit the director from approving activities that lower water quality on a temporary basis whenever the director determines that an emergency exists requiring immediate action to protect public health and welfare. The director shall issue any such approval in accordance with division (C) of section 6111.06 of the Revised Code and rule 3745-47-29 of the Administrative Code.(6)(5) The director may waive the submittal and review requirements listed in paragraphs(B)(2)(e)(B)(3)(f) to(B)(2)(g), (C)(6)(B)(3)(h) and(C)(8)(C)(5)of this rule if the applicant is seeking a revised water quality based effluent limit based upon the results of either a site specific study of the water quality
criteria or a change in the water quality criteria found in Chapter 3745-1 of the Administrative Code and the applicant demonstrates that the facility has not complied with the existing water quality based permit limit. The following conditions must be met for this waiver to apply:
(a) Any proposed net increase in the discharge of regulated pollutants complies with all applicable water quality standards and will not threaten environmentally sensitive areas such as downstream lakes, reservoirs, wetlands, exceptional warmwater habitats, coldwater habitats, outstanding national resource waters, outstanding
high qualitystate waters, or superior high quality watersor state resource waters; and(b) The requirements of
paragraph (B)(2)(d)paragraphs (B)(3)(d) and (B)(3)(e) of this rule have been met and the director determines that none of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives for the design and operation of the activity are technically feasible and economically justifiable.(E)
DesignationCategorization of waters.(1)
As of the effective date of this rule, allAll surface watersshall be designatedare categorized as general high quality waters except as follows.(a) Lake Erie is
designatedcategorized as a superior high quality water.(b)
Publicly owned lakes and reservoirs are designated as state resourcewaters.(c)
All surface waters specifically designated as state resource waters in rules3745-1-08 to 3745-1-30 of the Administrative Code shall retain thestate resource water designation until such time as the water bodies areconsidered under paragraph (E)(2) or (E)(3) of this rule.(d)(b) All surface waters of the state meeting the definition of limited quality waters are sodesignatedcategorized, unless the water body is the source of drinking water for a public water supply, in which case it shall be considered a general high quality water for the purposes of this rule.(c) The water bodies listed in table 5-4 of this rule are categorized superior high quality waters. The reserved set aside percentage established
pursuant to paragraph (C)(6)(c) of this rule is thirty-five per cent unless indicated otherwise in table 5-4 of this rule.
(d)The water bodies listed in table 5-5 of this rule are categorized outstanding state waters due to exceptional ecological values. The reserved set aside percentage established pursuant to paragraph (C)(6)(a) of this rule is seventy per cent of the remaining available pollutant assimilative capacity.
(e) The water bodies listed in table 5-6 of this rule are categorized outstanding state waters due to exceptional recreational values. The provisions of paragraph (C)(6)(e) of this rule apply.
(f)The water bodies listed in table 5-7 of this rule are categorized outstanding national resource waters.
(2)
No later than one year after the effective date of this rule, and atAt least once every three yearsthereafter, the director, in consultation with the director of the department of natural resources, shall consider available information on water bodies in Ohio and determine appropriate high quality waterdesignationscategorizations. Each determination shall consider attributes of exceptional recreational or ecological value, the national significance of the water body, and other existing and planned uses of the water body. If the director identifies any waters not properlydesignatedcategorized, he shall public notice his intent todesignatecategorize them to the appropriate category upon consideration of public comment.For all waters considered fordesignation as superior high quality waters the director shall also publicnotice his intent to reserve a portion of the remaining available pollutantassimilative capacity as specified in paragraph (C)(7)(d) of this rule.The director shalldesignatecategorize outstanding national resource waters, outstandinghigh qualitystate waters and superior high quality waters in tables 5-4 to 5-7 of this rule, and rescind designations of state resourcewaters, in rules 3745-1-08 to 3745-1-30 of the Administrative Code by rule inaccordance with Chapter 119. of the Revised Code.(3) A person adversely affected by the high quality water
designationcategorization of a water body pursuant to paragraph (E)(1) or (E)(2) of this rule may petition the director to revise thatdesignationcategorization. Any such petition shall detail the basis for the petition and contain, at a minimum, new relevant and factual information, or relevant and factual information not previously available to the director at the time of thedesignationcategorization described in paragraph (E)(1) or (E)(2) of this rule. The petition must contain sufficient information, or such additional information as the director may request, to justify a decision by the director to either revise or retain thedesignationcategorization under paragraph (E)(1) or (E)(2) ofthis rule. Within three months of receiving a petition containing complete and adequate information, or within such longer time as the director and the petitioner may agree, the director shall either approve or propose to deny the petition in accordance with Chapter 119. of the Revised Code. The director shall subsequently make appropriate revisions to the high quality water
designationcategorization of the water body inrules 3745-1-08 to 3745-1-32of the Administrative Code by ruletables 5-4 to 5-7 of this rule, as appropriate, in accordance with Chapter 119. of the Revised Code.(4) A person adversely affected by the set aside percentage established pursuant to paragraph (C)(6)(a) or (C)(6)(c) of this rule may petition the director to revise that set aside percentage. Any such petition shall detail the basis for the petition and contain, at a minimum, new relevant and factual information, or relevant and factual information not previously available to the director. The petition must contain sufficient information, or such additional information as the director may request, to justify a decision by the director to either retain the set aside percentage or establish site specific set asides for one or more pollutants. Within three months of receiving a petition containing complete and adequate information, or within such longer time as the director and the petitioner may agree, the director shall either approve or propose to deny the petition in accordance with Chapter 119. of the Revised Code. The director shall subsequently make appropriate revision to the high quality water categorization of the water body in tables 5-4 to 5-7 of this rule, as appropriate, in accordance with Chapter 119. of the Revised Code.
(F) Special provisions for bioaccumulative chemicals of concern in the lake Erie drainage basin.
The following special provisions are applicable to the discharge or release to the environment of any bioaccumulative chemical of concern in the lake Erie drainage basin. Unless otherwise noted, these requirements shall apply in addition to the provisions found in paragraphs (A) to (E) of this rule.
(1) In lieu of the requirements of paragraph (B)(1) of this rule, any significant lowering of water quality as described in paragraph (F)(2) of this rule shall require the applicant to submit the information required by paragraph
(B)(2)(B)(3) of this rule and to complete the demonstration required by paragraph (F)(3) of this rule. The director shall establish conditions in the control document that meet the requirements of paragraph (F)(4) of this rule.(2) Significant lowering of water quality.
(a) A significant lowering of water quality occurs when there is a new or increased loading of any bioaccumulative chemical of concern from any
regulated existing or new facility, either point source or nonpoint source for which there is a control document or reviewable action, as a result of any activity including, but not limited to:
(i) Construction of a new regulated facility or modification of an existing regulated facility such that a new or modified control document is required;
(ii) Modification of an existing regulated facility operating under a current control document such that the production capacity of the facility is increased;
(iii) Addition of a new source of untreated or pretreated effluent containing or expected to contain any bioaccumulative chemical of concern to an existing wastewater treatment works, whether public or private;
(iv) A request for an increased limit in an applicable control document; and
(v) Other deliberate activities that, based on the information available, could be reasonably expected to result in an increased loading of any bioaccumulative chemical of concern to any waters of the Great Lakes system.
(b) Notwithstanding the above, changes in loadings of any bioaccumulative chemical of concern within the existing capacity and processes that are covered by the existing applicable control document, are not subject to an antidegradation review. These changes include, but are not limited to:
(i) Normal operational variability including, but not limited to, intermittent increased loadings related to wet weather conditions;
(ii) Changes in intake water pollutants;
(iii) Increasing the production hours of the facility, (e.g., adding a second shift), provided production hours do not exceed those described in, or used to derive, the existing control document;
(iv) Increasing the rate of production, provided production rates do not exceed those described in, or used to derive, the existing control
document;
(v) Discharges of quantities of a bioaccumulative chemical of concern in the intake water at a facility proposing a new or increased discharge, provided that the new or increased discharge is not expected to result in a net increase in the total load of the bioaccumulative chemical of concern in the receiving water body;
(vi) Increasing the sewered area, connection of new sewers and customers, or acceptance of trucked-in wastes such as septage and holding tank wastes by a POTW unless, for a bioaccumulative chemical of concern, there is increased loading due to the collection of wastewater from a significant industrial user and, based on the industry's raw materials and processes, the wastewater is expected to have quantifiable concentrations of the bioaccumulative chemical of concern significantly above levels typically associated with domestic wastewater and non-industrial stormwater;
(vii) Increased discharge of a bioaccumulative chemical of concern due to implementation of controls on wet weather-related flows, including, but not limited to, combined sewer overflows and industrial stormwater; and
(viii) Increased discharges of a bioaccumulative chemical of concern resulting from a change in fuel used by the discharger, provided that the discharger was capable of accommodating the new fuel on the effective date of this rule.
(c) Also excluded from an antidegradation review are new effluent limits based on improved monitoring data or new water quality criteria or values that are not a result of changes in pollutant loading.
(d) Also excluded from the antidegradation submittal and review requirements listed in paragraphs
(B)(2)(c)(B)(3)(c) to(B)(2)(g),(C)(6)(B)(3)(h) and(C)(8)(C)(5) of this rule is any imposition of mercury effluent limitations in an NPDES permit for an existing sourceor new source already in existence as of October 1, 1996, where the mercury effluent limitations are based on a variance pursuant to paragraph (D)(10) of rule 3745-33-07 of the Administrative Code.(3) Antidegradation demonstration.
Any entity seeking to significantly lower water quality for a bioaccumulative chemical of concern, as defined in paragraph (F)(2) of this rule, in a limited quality water or high quality water must, in addition to the requirement in paragraph
(B)(2)(B)(3) of this rule, submit an antidegradation demonstration for consideration by the director pursuant to the review requirements of this paragraph and paragraph (C) of this rule. The antidegradation demonstration shall include the following:(a) Pollution prevention alternatives analysis. Identify any cost-effective pollution prevention alternatives and techniques that are available to the entity, that would eliminate or significantly reduce the loadings of bioaccumulative chemical(s) of concern; and
(b) Alternative or enhanced treatment analysis. Identify alternative or enhanced treatment techniques that are available to the entity that would eliminate the lowering of water quality and their costs relative to the cost of treatment necessary to achieve applicable effluent limitations.
(4) For limited quality waters and high quality waters, the director shall ensure that no action resulting in a lowering of water quality occurs unless an antidegradation demonstration has been completed pursuant to paragraphs
(B)(2)(B)(3) and (F)(3) of this rule and the information thus provided is determined by the director pursuant paragraph (C) of this rule to adequately support the lowering of water quality.(a) The director shall establish conditions in the control document applicable to the regulated facility that prohibit the regulated facility from undertaking any deliberate action, such that there would be an increase in the rate of mass loading of any bioaccumulative chemical of concern, unless an antidegradation demonstration is provided to the director and approved pursuant to paragraph (C) of this rule prior to commencement of the action. Imposition of limits due to improved monitoring data or new water quality criteria or values, or changes in loadings of any bioaccumulative chemical of concern within the existing capacity and processes that are covered by the existing applicable control document, are not subject to an antidegradation review.
(b) For bioaccumulative chemicals of concern known or believed to be present in a discharge, from a point or nonpoint source, a monitoring requirement shall be included in the control document. The control document shall also include a provision requiring the source to notify the director of any increased loadings that would be subject to the
provisions of the paragraph (F)(2) of this rule and which have not received approval from the director under the conditions specified in this rule. Upon notification, the director shall require actions as necessary to reduce or eliminate the increased loading if the increase is subject to the provisions of the paragraph (F)(2) of this rule. Requirements to reduce or eliminate the increased loading imposed by the director pursuant to this paragraph shall apply unless or until the director approves the increased loadings under the provisions specified in this rule.
(c) Fact sheets prepared pursuant to 40 C.F.R. 124.8 and 124.56 shall reflect any conditions developed under paragraph (F) of this rule and included in a permit.
Table 5-1. Best available demonstrated control technology for newsources discharging sanitary wastewater.Table 5-1. Best available demonstrated control technology for new sources discharging sanitary wastewater.
Parameter
Thirty-day Limit
Daily or Seven-day Limit
Maximum/Minimum Limit
CBOD
5
10 mg/l
15 mg/l
n/a
Total suspended solids
12 mg/l
18 mg/l
n/a
Ammonia
(
summerSummer)1.0 mg/l
1.5 mg/l
n/a
(Winter)
3.0 mg/l
4.5 mg/l
Dissolved oxygen
n/a
n/a
6.0 mg/l (minimum)
Total residual chlorine
n/a
n/a
0.038 mg/l (maximum)
E. coli*
126 / 100 ml
235 / 100 ml
n/a
* E. coli is to be considered a design standard only. Effluent limitations will not be incorporated into permits.
Table 5-2. Declining fish species.
Common name
Latin name
Comment
Bigeye chub
Notropis amblops
Bigeye shiner
Notropis boops
Blacknose shiner
Notropis heterolepis
Bluebreast darter
Etheostoma camurum
Brindled madtom
Noturus miurus
Brook trout
Salvelinus fontinalis
Natives only
Creek chubsucker
Erimyzon oblongus
Eastern sand darter
Ammocrypta pellucida
Goldeye
Hiodon alosoides
Hornyhead chub
Nocomis biguttatus
Lake chubsucker
Erimyzon sucetta
Least brook lamprey
Lampetra aepyptera
Least darter
Etheostoma microperca
Mimic shiner
Notropis volucellus
Mooneye
Hiodon tergisus
Lake Erie drainage basin
Mountain madtom
Noturus eleutherus
Muskellunge
Esox masquinongy
Natives only
North brook lamprey
Ichthyomyzon fossor
Northern madtom
Noturus stigmosus
Popeye shiner
Notropis ariommus
Pugnose minnow
Opsopoeodus emiliae
Redside dace
Clinostomus elongatus
River chub
Nocomis micropogon
River darter
Percina schumardi
Lake Erie drainage basin
Rosyface shiner
Notropis rubellus
Silver lamprey
Ichthyomyzon unicuspis
South redbelly dace
Phoxinus erythrogaster
Streamline chub
Erimystax dissimilis
Tonguetied minnow
Exoglossum laurae
Variegate darter
Etheostoma variatum
Western banded killifish
Fundulus diaphanus menona
Table 5-3. Threatened species.
Common name
Latin name
Comment
Fish
Bigmouth shiner
Notropis dorsalis
Bluebreast darter
Etheostoma camurum
Lake chubsucker
Erimyzon sucetta
Paddlefish
Polyodon spathula
River darter
Percina shumardi
Rosyside dace
Clinostomus funduloides
Silver lamprey
Ichthyomyzon unicuspis
Tippecanoe darter
Etheostoma tippencanoe
Mollusks
Black sandshell
Liqumia recta
Ebonyshell
Fusconaia ebena
Fawnsfoot
Truncilla donaciformis
Pondhorn
Uniomerus tetralasmus
Snuffbox
Epioblasma triquetra
Threehorn wartyback
Obliquaria reflexa
Other
Sloan's crayfish
Orconectes sloanii
Table 5-4. Superior high quality waters.
Water body name
Flows into
Drainage basin
Alum creek - headwaters to West branch (RM 42.8)
Big Walnut creek
Scioto
Anderson fork - Grog run (RM 11.02) to the mouth
Caesar creek
Little Miami
Archers fork
Little Muskingum river
Central Ohio tributaries
Arney run - Black run (RM 2.2) to the mouth
Clear creek
Hocking
Ashtabula river - confluence of East and West fork (RM 27.54) to adjacent East 23rd street (RM 2.00)
Lake Erie
Ashtabula
Auglaize river - Kelly road (RM 77.32) to Jennings creek (RM 47.02)
Maumee
Maumee
Baughman creek
Grand river
Grand
Beech fork
Salt creek
Scioto
Bend fork - Joy fork (RM 4.0) to the mouth
Captina creek
Central Ohio tributaries
Big run
Federal creek
Hocking
Big Walnut creek - Rocky
Scioto river
Scioto
fork (RM 28.3) to the mouth
Blue creek
Churn creek
Scioto
Brill run
Marietta run
Hocking
Buskirk creek
Deer creek
Scioto
Caesar creek - Caesar Creek lake (RM 13.92) to the mouth
Little Miami river
Little Miami
Cedar fork
Clear Fork Mohican river
Muskingum
Cedar Lick creek
Cross creek
Central Ohio tributaries
Center fork
Elkhorn creek
Central Ohio tributaries
Chapman creek
Mad river
Great Miami
Clear creek
Rocky fork
Scioto
Clear creek - Cattail creek (RM 9.52) to the mouth
Hocking river
Hocking
Compton creek
North Fork Paint creek
Scioto
Congo creek
Scippo creek
Scioto
Deer creek - Bradford/Sugar creek confluence (RM 41.22) to Deer creek reservoir (RM 29.40)
Scioto river
Scioto
Dismal creek
Witten Fork
Central Ohio tributaries
East Branch Jelloway creek
Jelloway creek
Muskingum
East Fork Little Miami river - East Fork lake (RM 20.5) to the mouth
Little Miami river
Little Miami
East Fork Little Miami river - Howard run (RM 45.18) to Tunnel Mill road (RM 30.1)
Little Miami river
Little Miami
East Fork Queer creek
Queer creek
Scioto
Elkhorn creek
Yellow creek
Central Ohio tributaries
Federal creek - Hyde fork (RM 16.21) to the mouth
Hocking river
Hocking
Fish Creek - headwaters to the Indiana state line (RM 29.37)
St. Joseph river
Maumee
Furnace run
Cuyahoga river
Cuyahoga
Goose run - downstream Winnerline road (RM 3.00) to the mouth
Bantas fork
Great Miami
Grace run
Cherry fork
Southwest Ohio tributaries
Great Miami river - Quincy dam (RM 143.4) to
Pasco-Montra road (RM 134.8)
Ohio river
Great Miami
Great Miami river - Sidney water works dam (RM 130.2) to Loramie creek RM (119.9)
Ohio river
Great Miami
Great Miami river - Lost creek (RM 100.0) to the CSX railroad bridge (RM 84.5)
Ohio river
Great Miami
Hay run
Deer creek
Scioto
Hellbranch run - Kropp road RM (5.04) to the mouth
Big Darby creek
Scioto
Honey creek
Great Miami river
Great Miami
Huron river - East/West branch confluence (RM 14.7) to the Ohio turnpike (RM 9.1)
Lake Erie
Huron
Indianfield run
Kokosing river
Muskingum
Jelloway creek
Kokosing river
Muskingum
Joes run
Big run
Hocking
Laurel run
Salt creek
Scioto
Leith run
Ohio river
Central Ohio tributaries
Little Darby creek
Big Darby creek
Scioto
Little Muskingum river - Witten fork (RM 46.44) to Fifteen Mile creek (RM 14.75)
Ohio river
Central Ohio tributaries
Lower Twin creek
Ohio river
Southwest Ohio tributaries
Lost creek
Great Miami river
Great Miami
Long run
Rocky fork
Muskingum
Lost run
Rocky fork
Muskingum
Mac-o-chee creek
Mad river
Great Miami
Mad river - headwaters to Mac-o-chee creek (RM 51.75)
Great Miami river
Great Miami
Marietta run
Federal creek
Hocking
Massie creek
Little Miami river
Little Miami
McCullough creek
Scioto Brush creek
Scioto
McKee creek
Stony creek
Great Miami
Middle Fork Laurel run
Laurel run
Scioto
Middle Fork Salt creek
Salt creek
Scioto
Mill creek
South Fork Scioto Brush creek
Scioto
Mohican river - Rocky fork (RM 27.60) to an unnamed tributary (RM 16.10)
Walhonding river
Muskingum
Morgan fork
Sunfish creek
Scioto
Muskingum river - confluence of Tuscarawas and Walhonding rivers (RM 111.13) to state route 208 (RM 92.0)
Ohio river
Muskingum
Muskingum river - Licking river (RM 76.20) to Moxahala creek (RM 73.50)
Ohio river
Muskingum
Muskingum river - Salt creek (RM 67.03) to Branch run (RM 52.58)
Ohio river
Muskingum
Muskingum river - McConnelsville dam (RM 49.0) to Madison run (RM 34.4)
Ohio river
Muskingum
Muskingum river - Beverly dam (RM 24.9) to Cushing run (RM 18.77)
Ohio river
Muskingum
Muskingum river - Lowell dam (RM 14.1) to Rainbow creek (RM 7.7)
Ohio river
Muskingum
Muskingum river - Devola dam (RM 5.77) to the mouth
Ohio river
Muskingum
Nancy run
North Fork Yellow creek
Central Ohio tributaries
Nellis run
Big run
Hocking
North Fork Captina creek - Long run (RM 4.0) to the mouth
Captina creek
Central Ohio tributaries
North Fork Yellow creek
Yellow creek
Cuyahoga
Ohio Brush creek - headwaters to Beasley Fork road (RM 6.30)
Ohio river
Southwest Ohio tributaries
Opossum creek
Ohio river
Central Ohio tributaries
Painter run
Rocky fork
Muskingum
Pine creek
Salt creek
Scioto
Pine creek - Hales creek (RM 38.15) to the mouth
Ohio river
Southeast Ohio tributaries
Piney fork
Sunfish creek
Central Ohio tributaries
Pretty run
Salt creek
Scioto
Proctor run
Treacle creek
Scioto
Queer creek
Salt creek
Scioto
Randall run
Mill creek
Scioto
Rarden creek
Scioto Brush creek
Scioto
Rocky fork - U.S. route 62 (RM 5.1) to the mouth
Big Walnut creek
Scioto
Rocky fork - headwaters to Rocky fork lake (RM 16.88)
Paint creek
Scioto
Schenck creek
Kokosing river
Muskingum
Scioto Brush creek - headwaters to McCullough creek (RM 10.2)
Scioto river
Scioto
Scioto river - Indian run (RM 145.18) to Olentangy river (RM 132.33)
Ohio river
Scioto
Scioto river - Scioto Big run (RM 124.40) to Scippo creek (RM 89.61)
Ohio river
Scioto
Scioto river - Paint creek (RM 63.50) to Salt creek (RM 51.18)
Ohio river
Scioto
Scioto river - Scioto Brush creek (RM 9.2) to the mouth
Ohio river
Scioto
Scippo creek - Old Tarlton
Scioto river
Scioto
pike (RM 14.80) to the mouth
Sevenmile creek
Fourmile creek
Great Miami
South Fork Captina creek
Captina creek
Central Ohio tributaries
South Fork Eagle creek
Eagle creek
Mahoning
South Fork Scioto Brush creek - Shawnee creek (RM 8.3) to the mouth
Scioto Brush creek
Scioto
Spain creek
Big Darby creek
Scioto
Spring fork
Little Darby creek
Scioto
Spring run
Federal creek
Hocking
Stillwater river - Englewood dam (RM 9.0) to the mouth
Great Miami river
Great Miami
Strawcamp run
Elkhorn creek
Central Ohio tributaries
Sunfish creek - headwaters to Negro run (RM 1.7)
Ohio river
Central Ohio tributaries
Trail run
Center fork
Central Ohio tributaries
Turkey creek
Ohio river
Southwest Ohio tributaries
Turkey run
Sugartree fork
Muskingum
Unnamed tributary to East Branch Black river at RM 41.41
East Branch Black river
Black
Upper Twin creek
Ohio river
Southwest Ohio tributaries
West Branch Alum creek - Ashley West Liberty road (RM 5.09) to the mouth
Alum creek
Scioto
West Branch Huron river - Slate run (RM 10.52) to the mouth
Huron river
Huron
West Branch St. Joseph
St. Joseph river
Maumee
river - Michigan state line (RM 11.41) to the mouth
West fork - Buck run (RM 9.0) to the mouth
Ohio Brush creek
Southwest Ohio tributaries
Whitewater river - Indiana state line (RM 8.26) to the mouth
Great Miami river
Great Miami
Wildcat run
Big run
Hocking
Winding fork
Wakatomika creek
Muskingum
Winterstein run
South Fork Scioto Brush creek
Scioto
Witten fork
Little Muskingum river
Central Ohio tributaries
Witten run
Clear Fork Little Muskingum river
Central Ohio tributaries
Yellow creek
Cuyahoga river
Cuyahoga
Yellow Springs creek
Little Miami river
Little Miami
Table 5-5. Outstanding state waters based on exceptional ecological values.
Water body name
Flows into
Drainage basin
Aurora branch - state route 82 (RM 17.08) to the mouth
Chagrin river
Chagrin
Bantas fork
Twin creek
Great Miami
Big Darby creek
Scioto river
Scioto
Captina creek - North/South forks (RM 25.42) to state route 7 (RM 0.70)
Ohio river
Central Ohio tributaries
Chagrin river - Woodiebrook road (RM 49.14) to state route 6 (RM 11.1)
Lake Erie
Chagrin
Conneaut creek - state line (RM 23.83) to the mouth
Lake Erie
Ashtabula
Cuyahoga river -
Troy-Burton township line (RM 83.9) to U.S. route 14 (RM 60.75)
Lake Erie
Cuyahoga
Deer creek - Deer creek dam (RM 23.89) to the mouth
Scioto river
Scioto
East Branch Chagrin river - Heath road (RM 14.49) to the mouth
Chagrin river
Chagrin
Fish creek - Indiana state line (RM 5.57) to the mouth
St. Joseph river
Maumee
Grand river - state route 322 (RM 67.08) to U.S.
route 20 (RM 5.67)
Lake Erie
Grand
Greenville creek - Indiana state line (RM 34.48) to the mouth
Stillwater river
Great Miami
Kokosing river
Walhonding river
Muskingum
Little Beaver creek
Ohio river
Little Beaver creek
Little Darby creek
Big Darby creek
Scioto
Little Miami river
Ohio river
Little Miami
Middle Fork Little Beaver creek - Middle run (RM 8.57) to the mouth
Little Beaver creek
Little Beaver creek
North Branch Kokosing river
Kokosing river
Muskingum
North Fork Little Beaver creek - Pennsylvania state line (RM 7.75) to the mouth
Little Beaver creek
Little Beaver creek
North Fork Little Miami river
Little Miami river
Little Miami
North Fork Paint creek - Compton creek (RM 24.57) to the mouth
Paint creek
Scioto
Olentangy river - Delaware dam (RM 32.35) to Old Wilson Bridge road (RM 11.45)
Scioto river
Scioto
Paint creek - Rocky fork (RM 37.12) to North fork (RM 3.80)
Scioto river
Scioto
Pleasant run
Big Darby creek
Scioto
Rocky fork
Licking river
Muskingum
Salt creek
Scioto river
Scioto
Sandusky river - U.S. route 30 (RM 82.1) to Roger Young Memorial park in Fremont (RM 16.6)
Lake Erie
Sandusky
Scioto Brush Creek - McCullough creek (RM 10.20) to the mouth
Scioto river
Scioto
South Fork Scioto Brush creek - Shawnee creek (RM 8.30) to the mouth
Scioto Brush creek
Scioto
Stillwater river - Riffle road (RM 55.90) to the Englewood dam (RM 9.01)
Great Miami river
Great Miami
Twin creek
Great Miami river
Great Miami
Unnamed tributary to East Branch Black river at RM 39.06
East Branch Black river
Black
Vermilion river - Southwest branch (RM 47.66) to state route 2 (RM 3.15)
Lake Erie
Vermilion
Wakatomika creek
Muskingum river
Muskingum
Walhonding river
Tuscarawas river
Muskingum
West Fork Little Beaver creek - Brush creek (RM 15.99) to the mouth
Little Beaver creek
Little Beaver creek
Table 5-6. Outstanding state waters based on exceptional recreational values.
Water body name
Flows into
Drainage basin
Cuyahoga river - Sand run (RM 39.12) to Rockside road (RM 13.13)
Lake Erie
Cuyahoga
Maumee river - Indiana state line (RM 108.1) to the U.S. route 25 bridge (RM 15.05)
Maumee Bay
Maumee
Table 5-7. Outstanding national resource waters.
Water body name
Flows into
Drainage basin
Effective:
R.C. 119.032 review dates: 03/25/2002
Certification
Date
Promulgated Under:
119.03
Statutory Authority:
6111.041, 6111.12
Rule Amplifies:
6111.041, 6111.12
Prior Effective Dates: 2/14/1978, 4/4/1985,
10/1/1996, 10/31/1997,
5/1/1998, 4/17/2001 (Emer.)
Document Information
- File Date:
- 2002-11-07
- Five Year Review:
- Yes
- Rule File:
- 3745-1-05_PH_RF_A_RU_20021107_1140.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 3745-1-05. Antidegradation