Ohio Administrative Code|Rule 3745-4-01 | Purpose and applicability.

                                                
(A) The purpose of this chapter, credible
		  data rules, is to establish criteria for three levels of credible data for a
		  surface water quality monitoring and assessment program established by the
		  director and to establish the necessary training and experience for persons to
		  submit credible data, thereby increasing the information base upon which to
		  enhance, improve and maintain water resource quality in Ohio. All data
		  submitted under the credible data program that meet the specified requirements,
		  shall be stored and made accessible to both the public and other state agencies
		  in a computerized data base. Except as provided in paragraph (D) of this rule,
		  persons collecting and submitting data to Ohio EPA for consideration as
		  credible data must have status as a qualified data collector (QDC) as provided
		  in rule 3745-4-03 of the Administrative Code.
(B) Participation in this program is
		  voluntary except for the requirement under section 6111.54 of the Revised Code
		  that each state agency in possession of surface water quality data shall submit
		  the data to Ohio EPA in a format designated by the director. No later than
		  March thirty-first of each year, state agencies shall submit surface water
		  quality data for the preceding year to Ohio EPA.
(C) This chapter establishes requirements
		  for study plan design, sample collection, analytical methods, data assessment,
		  and quality assurance and quality control procedures that are associated with
		  credible data at level 1, level 2 and level 3.
(1) Level 1 data are
			 collected and submitted to Ohio EPA for purposes of public awareness and
			 educational activities. The specifications associated with level 1 data are
			 commensurate with the training and methods associated with established science
			 education programs and citizen monitoring programs.
(2) Level 2 data are
			 collected and submitted to Ohio EPA for the purposes of evaluating the
			 effectiveness of pollution controls for point sources and nonpoint sources and
			 initial screening of water quality problems to determine if additional study is
			 needed. Level 2 data may also serve the purpose of public awareness and
			 educational activities. The specifications associated with level 2 data are
			 commensurate with a higher degree of training and more rigorous test methods
			 than level 1.
(3) Level 3 is the
			 highest level of credible data that are used for a variety of regulatory
			 purposes specified in section 6111.52 of the Revised Code, and may also serve
			 those purposes associated with level 1 and level 2 data. The specifications
			 associated with level 3 data are commensurate with the training, skills and
			 test methods used by Ohio EPA and by other professional environmental
			 organizations. These high standards are necessary to ensure that level 3 data
			 are of the caliber necessary to make and defend regulatory and management
			 decisions involving surface water resources in Ohio.
(D) Data deemed credible by
		  rule.
(1) The data originating
			 from studies conducted and samples collected by Ohio EPA, Ohio EPA's
			 contractors, federal environmental agencies including the United States
			 environmental protection agency, and other state environmental agencies shall
			 be deemed credible at the appropriate level according to the specifications set
			 forth in this chapter.
(2) Unless the director
			 identifies reasons why the data are not credible, data shall be considered
			 credible for the submitted purposes if the data meet one or more of the
			 following requirements:
(a) Data were submitted pursuant to the requirements of a permit
				issued by a state agency including, but not limited to, compliance sampling
				results submitted pursuant to national pollutant discharge elimination system
				(NPDES) permits and compliance sampling results from licensed public water
				systems with surface water intakes conducted pursuant to Chapters 3745-81 and
				3745-90 of the Administrative Code.
(b) Data were submitted pursuant to findings and orders issued by
				the director.
(c) Data were submitted pursuant to a court order.
(E) Nothing in this chapter shall be
		  construed as granting approval for the collection of any wildlife without
		  obtaining a wild animal collecting permit from the chief of the division of
		  wildlife, Ohio department of natural resources pursuant to section 1533.08 of
		  the Revised Code and performing the duties specified in section 1533.09 of the
		  Revised Code. The collection of federally listed endangered and threatened
		  species is not authorized by this chapter.