Ohio Administrative Code|Rule 3745-42-06 | General permit to install.

                                                
(A) General permit to install
		  coverage.
Without receiving an application for the general
		  permit to install, the director may prepare and issue a general permit to
		  install that covers the installation of any of the following, within a specific
		  geographic area:
(1) Oil and water
			 separators.
(2) Sewer
			 extensions.
(3) Pump and treat
			 systems for remediation of ground water.
(4) Cooling
			 towers.
(5) Closed loop recycling
			 systems.
(6) External fat, oil and
			 grease interceptors.
(7) Any other type of
			 disposal system, in which the director determines that a general permit to
			 install is an appropriate permitting mechanism.
(B) Criteria for issuing and renewing a
		  general permit to install. The director may issue a general permit to install
		  or renew a general permit to install if, on the basis of all information
		  available to Ohio EPA, the director determines all of the
		  following:
(1)  The installation of
			 the disposal system will be protective of public health and the
			 environment.
(2) The installation of
			 the disposal system is more appropriately covered by a general permit to
			 install than an individual permit to install.
(3) Technology or
			 standards exist that make it reasonable to issue a general permit to
			 install.
(4) The criteria
			 specified in rule 3745-42-04 of the Administrative Code are met.
(C) General permit to install
		  coverage.
(1) Prohibition. No
			 person is authorized to install a disposal system under the coverage of a
			 general permit to install until the director issues the written notification
			 that the disposal system has obtained coverage under a general permit to
			 install.
(2) Notice of intent.
			 Each person who wishes to obtain coverage under a general permit to install in
			 order to install a disposal system shall submit to the director, or an
			 authorized representative, a notice of intent to comply with the general permit
			 to install, in accordance with the deadlines specified in the general permit to
			 install. The director may require any person who has submitted a notice of
			 intent to obtain coverage under an individual or alternative general permit to
			 install. A notice of intent shall meet the following requirements:
(a) Be submitted to the director, or an authorized
				representative, pursuant to this chapter.
(b) Be submitted with fees identical to those of an application
				for an individual permit to install.
(c) Be made only on forms deemed acceptable by the director or an
				authorized representative.
(d) Be signed, as specified in rule 3745-42-03 of the
				Administrative Code.
(e) Contain all of the following:
(i) The general permit to
				  install number under which authorization to construct is
				  requested.
(ii) The name, address,
				  telephone number, and title of the person requesting coverage under the general
				  permit to install, as well as, if applicable, the name of an additional contact
				  person.
(iii) Except for proposed
				  mobile treatment units, the location of the disposal system, including the
				  latitude and longitude of its approximate center, to the nearest five seconds.
				  The latitude and longitude coordinates shall be provided as: degrees minutes
				  seconds, using two digits in each space.
[Comment: When considering the components
				  of a disposal system, the latitude and longitude of the approximate center of
				  the treatment works or the point of connection to the sewerage system, to the
				  nearest five seconds, should be used for the location. Latitude and longitude
				  are available from USGS topographic maps, available at the following web link:
				  http://nationalmap.gov/.]
(iv) For mobile treatment
				  units, a brief description of the unit and its intended use.
(v) If applicable, a
				  description of the process generating the discharge, including all of the
				  following:
(a) The four-digit
					 standard industrial classification codes or the North America industry
					 classification system (NAICS) that best represent the principle products or
					 activities provided by the disposal system.
(b) Any existing
					 quantitative data describing the concentration of pollutants in the
					 discharge.
(c) The volume to be
					 discharged, if applicable.
(vi) A map showing the
				  location of the disposal system and, if applicable, any point or points of
				  discharge.
(vii) Detailed plans as
				  specified by the general permit to install.
(viii) Any other
				  information deemed necessary by the director, or an authorized representative,
				  as specified in the general permit to install.
(3) A general permit to
			 install's coverage includes all of the following:
(a) Shall be effective for a fixed term not to exceed five
				years.
(b) Shall be automatically terminated unless construction is
				initiated within eighteen months after the date the director grants coverage
				under the general permit to install.
(c) May only be extended once and only if the director receives a
				written request prior to the eighteen-month termination date. Extensions of
				coverage under the general permit to install shall not exceed twelve
				months.
(d) May be transferred, pursuant to paragraph (H) of rule
				3745-42-02 of the Administrative Code.
(D) Administrative changes or
		  modifications to a general permit to install.
(1) The director may make
			 administrative changes to a general permit to install to correct typographical
			 errors, to address new interpretations or recalculations or for other similar
			 corrections with such changes not subject to the rules of procedures in Chapter
			 3745-49 of the Administrative Code.
(2) The director may
			 modify a general permit to install.
(a)  When a general permit to install is modified, only the
				conditions subject to modification are reopened.
(b) The director may issue a general permit to install
				modification in either of the following situations:
(i) When Ohio EPA has
				  received new information about the disposal system or the geographic area
				  covered by the general permit to install that causes the director to conclude
				  that the general permit to install should be modified. A general permit to
				  install may be modified during the term for this cause only if the information
				  was not available to the director at the time of the general permit to install
				  issuance.
(ii) When standards,
				  criteria or technology on which the general permit to install was based have
				  been changed by new or amended statutes or standards or rules or regulations or
				  judicial decisions enacted, adopted, promulgated or issued after the general
				  permit to install was issued.
(E) Applicability of rules of procedure.
		  A general permit to install shall be issued, modified, revoked or denied, or
		  may be appealed, in accordance with the provisions of the rules of procedure of
		  Ohio EPA, Chapters 3745-47 and 3745-49 of the Administrative Code.
(F) Revocation or denial of general
		  permit to install coverage.
(1) The director may
			 revoke or deny a general permit to install's coverage or individual
			 coverage under a general permit to install during the term for cause including,
			 but not limited to, the criteria have not been met, or a determination that any
			 applicable law, rule, regulation, or permit term or condition has been
			 violated.
(2) For any revocation or
			 denial of permit to install coverage, the permittee may request a hearing
			 before the director, in accordance with the provisions of the rules of
			 procedure within Chapters 3745-47 and 3745-49 of the Administrative
			 Code.
[Comment: Revocations and denials are initially
			 issued as proposed actions, which may be adjudicated, and then as final
			 actions, which may be appealed.]
(G) Individual or alternative general
		  permit to install requirements. The director may require any person who has
		  requested or obtained coverage under a general permit to install to apply for
		  and obtain the following:
(1) An individual permit
			 to install. Circumstances where the director may require an individual permit
			 to install include, but are not limited to, the following:
(a) The proposed disposal system may have a potential to impact
				environmentally sensitive areas, such as highly susceptible ground water
				containment areas or wetlands.
(b) The proposed disposal system does not meet the eligibility
				requirements contained in the general permit to install.
(c) The applicant has a documented history of noncompliance with
				laws, rules, or permit requirements pertaining to surface or ground waters,
				within five years previous to the receipt of the application. A history of
				noncompliance includes, but is not limited to, documented unsanitary conditions
				or issuance of finding and orders.
(d) The director has revoked the general permit or individual
				coverage under a general permit pursuant to this chapter.
(2) An alternative
			 general permit. Circumstances where the director may require alternative
			 general permit coverage include, but are not limited to, the
			 following:
(a) An alternative general permit has been issued for a specific
				geographic area of the state.
(b) An alternative general permit has been issued for a specific
				category of a disposal system or dischargers.
(c) The proposed disposal system does not meet the eligibility
				requirements contained in the general permit, or other conditions or
				specifications contained in the general permit.
(d) The director has revoked the general permit or individual
				coverage under a general permit pursuant to this chapter.