Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) A final TMDL established by the director of environmental protection or a United States environmental protection agency approved TMDL may be challenged during the appeal of an NPDES permit containing TMDL-based effluent limits, pretreatment limits derived therefrom, or other terms and conditions based on that TMDL before the environmental review appeals commission in accordance with Chapter 3745. of the Revised Code.
(B) In the case of a TMDL-based permit appeal by a publicly owned treatment works, the environmental review appeals commission shall join as parties to the appeal, subject to a right of voluntary dismissal, all significant industrial users listed in those NPDES permit holders' annual pretreatment program reports who are known to discharge a significant amount of a pollutant limited by the TMDL into the publicly owned treatment works.
(C)(1) In the case of an NPDES permit issued in draft or final form to a publicly owned treatment works that contains TMDL-based effluent limits, pretreatment limits derived therefrom, or other terms and conditions based on that TMDL, the director shall notify the NPDES permit holder and all significant industrial users listed in that NPDES permit holder's annual pretreatment program report that are known to discharge a significant amount of a pollutant recommended to be limited by the TMDL and for whom a new or modified pretreatment limit may be required.
(2) The director shall include in the notice, at a minimum, both of the following:
(a) A statement that the TMDL-based effluent limits or other terms and conditions based on the TMDL may result in more stringent direct or indirect discharge limits;
(b) A statement that notifies the significant industrial users that an appeal of the NPDES permit may be filed by a significant industrial user with the environmental review appeals commission in accordance with Chapter 3745. of the Revised Code.
(D)(1) A direct or indirect discharger pursuing an appeal or an indirect discharger joined to an appeal shall not be dismissed from the proceeding on grounds that the matter is not ripe for review.
(2) A challenge of TMDLbased effluent limits, pretreatment limits derived therefrom, or other terms and conditions based on that TMDL during the appeal of an NPDES permit shall not be dismissed on grounds that the matter is not ripe for review.
Structure Ohio Revised Code
Title 61 | Water Supply-Sanitation-Ditches
Chapter 6111 | Water Pollution Control
Section 6111.01 | Water Pollution Control Definitions.
Section 6111.011 | Environmental Enforcement Authority Over Ephemeral Features.
Section 6111.02 | Isolated Wetland Permit Definitions.
Section 6111.021 | General and Individual Isolated Wetland Permits.
Section 6111.022 | Proposed Filling of Wetland Subject to Level One Review.
Section 6111.023 | Proposed Filling of Wetland Subject to Level Two Review.
Section 6111.024 | Proposed Filling of Wetland Subject to Level Three Review.
Section 6111.025 | Wetland Mitigation Banks.
Section 6111.027 | Mitigation for Impacts to Isolated Wetlands.
Section 6111.028 | Discharge of Dredged Material Into Isolated Wetlands.
Section 6111.03 | Water Pollution Control Powers of Director of Environmental Protection.
Section 6111.031 | Modification of Terms and Conditions of Permit.
Section 6111.032 | Primary Authority to Reside in Legislative Authority or Governing Board.
Section 6111.035 | Coal Mining and Reclamation Operations General Permits.
Section 6111.036 | Water Pollution Control Loan Fund.
Section 6111.037 | Nonpoint Source Pollution Management Fund.
Section 6111.038 | Surface Water Protection Fund.
Section 6111.0381 | Water Quality Protection Fund.
Section 6111.0382 | Surface Water Improvement Fund.
Section 6111.04 | Water Pollution and Sludge Management Violations Prohibited.
Section 6111.041 | Standards of Water Quality.
Section 6111.042 | Rules Requiring Compliance With Federal Water Pollution Control Act.
Section 6111.044 | Injection Well Drilling or Operating Permit.
Section 6111.045 | Waste Minimization and Treatment Plan for Class I Injection Well Facility.
Section 6111.046 | Annual Permit Fee - Underground Injection Control Fund.
Section 6111.047 | Tonnage Fees for Injection of Waste.
Section 6111.048 | Temporary Assistance of State Employees.
Section 6111.049 | Tonnage Fees for Injection of Waste - Exceptions.
Section 6111.05 | Investigation of Alleged Act of Pollution or Failure to Comply.
Section 6111.051 | Use, Management, or Disposal of Structural Products.
Section 6111.052 | Blast Furnace and Steel Slag.
Section 6111.06 | Administrative Procedures - Emergencies.
Section 6111.07 | Prohibited Acts - Prosecutions and Injunction by Attorney General.
Section 6111.08 | Rights in Equity or Under Common Law Not Affected.
Section 6111.09 | Civil Penalties for Water Pollution Control Violations.
Section 6111.13 | Discharge Limit for a Pollutant Less Than the Practical Quantification Level.
Section 6111.30 | Application for Federal Water Quality Certification - Hearing.
Section 6111.31 | Interagency Review Team and Mitigation Standards.
Section 6111.311 | Ephemeral Feature Mitigation Calculation Definitions.
Section 6111.312 | Limitations on Additional Requirements.
Section 6111.313 | Mitigation of Impacts to Ephemeral Features.
Section 6111.314 | Reporting and Monitoring Requirements.
Section 6111.315 | Best Management Practices.
Section 6111.316 | Exceptions From Ephemeral Feature Mitigation Requirements.
Section 6111.32 | Dredging Plan.
Section 6111.33 | Dredged Material.
Section 6111.34 | Rules Governing Beneficial Use of Dredged Material.
Section 6111.42 | Water Quality Powers of Director of Environmental Protection.
Section 6111.441 | Sewage Treatment Systems Regulated by Board of Health Exempt From Chapter.
Section 6111.451 | Sewage Construction Activities Not Requiring Plan Approval.
Section 6111.50 | Credible Data Definitions.
Section 6111.52 | Level Three Credible Data Activities.
Section 6111.54 | Submission of Surface Water Quality Data.
Section 6111.55 | Computerized Database or Databases Composed of All Credible Data.
Section 6111.56 | Determining Source or Sources of Water Impairment.
Section 6111.561 | Development and Establishment of Total Maximum Daily Load.
Section 6111.562 | Notice and Opportunity for Input From Stakeholders.
Section 6111.563 | Official Draft.
Section 6111.564 | Final Tmdl; Appeal.