901:10-3-10 Standard permit terms and conditions.

 

 

 

TO BE RESCINDED

 

901:10-3-10                 Standard permit terms and conditions.

 

 

 

(A)  This rule describes the terms and conditions that are applicable to NPDES permits. In establishing the terms and conditions of a NPDES permit, the director, to the extent consistent with the Act, shall consider technical feasibility and economic costs and shall allow a reasonable period of time for coming into compliance with the terms and conditions of the permit. The owner or operator must comply with all terms and conditions of the NPDES permit.

 

(B)    The owner or operator shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting in noncompliance with the permit.

 

(C)   The filing by the owner or operator of a request for permit modification, revocation and reissuance or termination does not stay or suspend any permit term or condition.

 

(D)    Unless otherwise authorized by the effluent limits set forth in this permit for the NPDES facility, the manure storage or treatment facility permitted under this permit shall be effectively maintained and operated as a non-discharge system to prevent the discharge of pollutants to waters of the state. Facilities which are in compliance with the manure management plan and this permit which unintentionally discharge as a result of the twenty-five year, twenty-four hour storm will not be considered to be in violation of this permit.

 

(E)    The owner or operator shall comply with effluent standards or prohibitions of the permit.

 

(F)   If the owner or operator wishes to commence a discharge or to continue any activity regulated by the permit after the expiration date of this permit, an application for a permit or renewal of a permit shall be submitted to the director at least one hundred eighty days prior to discharge or the expiration date of the permit.

 

(G)     The permit does not convey any property rights of any sort or any exclusive privilege.

 

(H)   The owner or operator shall allow the director or an authorized representative upon the presentation of proper identification and in compliance with biosecurity procedures:

 

(1)  To enter the facility or operation where any records are kept under the terms and conditions of the permit;

 

 

 

(2)   To have access for review and copying any records that must be kept under the terms and conditions of the permit;

(3)   To inspect, at reasonable times:

(a)   Any monitoring equipment or method;

(b)   Any manure storage or treatment facility;

(c)   Practices required or otherwise regulated under the permit; and

(4)     To sample or monitor, at reasonable times, for the purpose of evaluating compliance with the permit.

(I)   The owner or operator shall furnish to the department within a reasonable time any information that the department may request to determine whether cause exists for modifying, revoking, reissuing or terminating the permit or to determine compliance with the permit. The owner or operator shall also furnish to the department, upon request, copies of records required by this permit to be kept.

(J)   Monitoring and records.

(1)     Records of samples and measurements taken including, but not limited to, samples and measurements of manure, soils, process wastewater and process generated water for the purpose of monitoring shall be representative of the monitored activity.

(2)     The owner or operator shall retain records of all monitoring information, including maintenance records and, if applicable, original strip chart recordings or continuous monitoring instrumentation. Copies of reports required by this permit and records of data used to complete the application for this permit shall be retained for a period of at least five years from the date of this permit, measurement report or application. This period may be extended by request of the department at any time.

(3)   Records of monitoring information shall include:

(a)   The date, place and time of sampling or measurements;

(b)   The individual(s) who performed the sampling or measurements;

(c)   The date(s) analyses were performed;

(d)  The analytical techniques or methods used; and

(e)   The results of such analyses.

(K)   Monitoring must be conducted according to rules 901:10-2-04 and 901:10-2-13 of the Administrative Code and in accordance with water quality analytical procedures approved by the department. The owner or operator shall maintain equipment or lease the equipment or otherwise obtain access to equipment to ensure accurate measurements.

(L)  Signatures. All permit applications and reports shall be signed as follows:

(1)   All reports required by permits and other information requested by the director shall be signed by the owner or operator or a duly authorized representative of the owner or operator. A person is a duly authorized representative of the owner or operator only if:

(a)   The authorization is made in writing by the owner or operator;

(b)     The authorization specifies either an individual or a position having responsibility for the overall operation of the facility such as the position of manager, or a position of equivalent responsibility; (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) and,

(c)   The written authorization is submitted to the director.

(d)  Changes to authorization. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying this rule must be submitted prior to or together with any reports, information, or applications.

(2)    Certification. Any person signing a document under this rule shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on inquiries made by me, and to the best of my knowledge and belief, the information is true

accurate and complete. I am aware that there are significant penalties for submitting false information."

(M)   Need to halt or reduce activity not a defense. It shall not be a defense for an owner or operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(N)   Proper operation and maintenance. The owner or operator shall at all times properly operate and maintain all manure storage or treatment facilities (and related appurtenances) which are installed or used by the owner or operator to comply with the manure management plan. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

(O)    Emergency notification. In an emergency, the owner or operator shall follow the emergency response plan, including but not limited to the following:

(1)   The names and telephone numbers of persons who are identified by the owner or operator as responsible for implementing the plan;

(2)    Areas of the facility where potential spills can occur and their accompanying surface and subsurface drainage points.

(3)   Procedures to be followed in the event of a spill, including actual or imminent discharge to waters of the state:

(a)   Actions to contain or manage the spill;

(b)   Identification of proper authorities to be contacted;

(c)   Actions to mitigate any adverse effects of a spill;

(d)  Identification of equipment and clean-up materials to be used in the event of a spill.

(4)   Procedures for reporting the spill:

(a)   The owner or operator shall report a spill or discharge by telephone to the department as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence and shall provide the

following information:

(i)   The time at which the discharge or spillage occurred, if known, and was discovered;

(ii)   The approximate amount and the characteristics of the discharge or spillage;

(iii)   The stream(s) affected by the discharge or spillage;

(iv)   The circumstances which created the discharge or spillage;

(v)   The names and telephone numbers of persons who have knowledge of these circumstances;

(vi)   Those steps being taken clean up the discharge or spillage;

(vii)    The names and telephone numbers of the persons responsible for the cleanup.

(b)      For any emergency that requires immediate reporting after normal business hours, the owner or operator shall use the Ohio department of agriculture's emergency telephone number.

(c)      If applicable, the owner or operator shall notify appropriate local authorities.

(d)   The owner or operator shall also file a written report of the occurrence in letter form within five days following first knowledge of the occurrence, unless waived by the department. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur.

(P)   Twenty-four hour reporting.

The following shall be included as information which must be reported within twenty-four hours:

(1)   Any unanticipated bypass that exceeds any effluent limitation in the permit;

(2)   Any upset which exceeds any effluent limitation in the permit; and

(3)   The director may waive the written report on a case-by-case basis for reports if the oral report has been received within twenty-four hours.

(Q)     Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, any compliance schedule of this permit shall be submitted fourteen days after each schedule date.

(R)   Anticipated noncompliance. The owner or operator shall give advance notice to the director of any planned changes at the facility that may result in noncompliance with permit requirements.

(S)    Bypass means the intentional diversion of manure from any portion of a manure storage or treatment facility to waters of the state.

(1)     Anticipated bypass that does not exceed effluent limitations. The owner or operator may allow any bypass to occur that does not cause effluent limitations to be exceeded but only if it also is for essential maintenance to assure efficient operation.

(2)    If the owner or operator knows in advance of the need for a bypass, it shall submit prior notice, if possible, at least ten days before the date of the bypass.

(3)      Unanticipated bypass. The owner or operator shall submit notice of an unanticipated bypass as required in paragraph (P) of this rule.

(4)   Bypasses are prohibited and the director may take enforcement action unless:

(a)    The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to be inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(b)    There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of manure, or maintenance during normal periods of equipment downtime. This condition will not be satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass.

(c)   The owner or operator submitted notices as required by paragraph (P) of this rule.

(d)    The director may approve an anticipated bypass after considering its adverse effects if the director determines that the bypass will meet the conditions listed in this rule.

(T)    Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the owner or operator. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

(1)       An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based effluent limitations if the requirement of paragraph (T)(2) of this rule is met.

(2)   An owner or operator who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating records, or other relevant evidence that:

(a)   An upset occurred and that the owner or operator can identify the cause of the upset;

(b)   The permitted operation was at the time being properly operated;

(c)     The owner or operator submitted notice of the upset as required in paragraph (P) of this rule; and

(d)   The owner or operator complied with any compliance measures required under paragraph (B) of this rule.

(3)   In any proceeding to enforce the NDPES permit the owner or operator seeking to establish the occurrence of an upset has the burden of proof.

Effective:                                                     09/15/2005

R.C. 119.032 review dates:                         04/21/2005

CERTIFIED ELECTRONICALLY

Certification

08/17/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           R.C. 903.01

Rule Amplifies:                                  R.C. 903.04, 903.10

Prior Effective Dates:                         7/2/2002