Bill Text: OH SB313 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To require the Director of Environmental Protection to consider, to the extent allowable under the Federal Water Pollution Control Act, specified factors before issuing NPDES permits for sewerage systems, requiring and approving long-term control plans for wet weather discharges from sewerage systems, and enforcing provisions that Act as applied to sewerage systems.

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Introduced - Dead) 2010-11-10 - To Environment & Natural Resources [SB313 Detail]

Download: Ohio-2009-SB313-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 313

Senator Schaffer 

Cosponsors: Senators Grendell, Seitz, Gillmor, Sawyer, Turner, Buehrer, Stewart 

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A BILL

To enact section 6111.60 of the Revised Code to

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require the Director of Environmental Protection

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to consider, to the extent allowable under the

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Federal Water Pollution Control Act, specified

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factors before issuing NPDES permits for sewerage

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systems, requiring and approving long-term control

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plans for wet weather discharges from sewerage

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systems, and enforcing provisions that Act as

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applied to sewerage systems.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 6111.60 of the Revised Code be	10
enacted to read as follows:	11

Sec. 6111.60.  Before issuing a permit under section 6111.03	12
of the Revised Code for a national pollutant discharge elimination	13
system permit for discharges from a sewerage system, requiring and	14
approving a long-term control plan for wet weather discharges from	15
a sewerage system, or enforcing the Federal Water Pollution	16
Control Act as applied to sewerage systems, the director of	17
environmental protection, to the extent allowable under the	18
Federal Water Pollution Control Act, shall consider all of the	19
following, as applicable, notwithstanding any other provisions of	20
this chapter to the contrary:	21

(A) Limitations on the ability of an applicant for a permit	22
or of a permittee to pay for or to secure money to pay for a	23
required project;	24

(B) An evaluation of the effectiveness and cost of a	25
long-term control plan;	26

(C) An evaluation of the effectiveness and cost of specific	27
wet weather flow control technologies;	28

(D) An evaluation of the impact of a long-term control plan	29
on the environment as a whole and of the promotion of alternative	30
control options that will minimize the impact on the environment;	31

(E) Reducing the economic impacts on an applicant for a	32
permit or on a permittee, other state and local government	33
entities, and residents of the state;	34

(F) Allowing for reasonable flexibility in the implementation	35
of a long-term control plan when the plan would impose a	36
disproportionate financial hardship compared to its environmental	37
benefits;	38

(G) Giving preference, when proposed by an applicant for a	39
permit or by a permittee, to control options that comply with the	40
presumption approach performance criteria established in the	41
combined sewer overflow control policy adopted under 33 U.S.C.	42
1342 and that demonstrate significant pollution reduction rather	43
than mandating specific designs;	44

(H) Allowing adequate time and flexibility for implementation	45
of the schedule specified in the long-term control plan;	46

(I) Factors specified in the combined sewer overflow control	47
policy adopted under 33 U.S.C. 1342 that may ease the financial	48
burdens of implementing a long-term control plan, including, but	49
not limited to, small sewerage system considerations, the	50
attainability of water quality standards, and the development of	51
wet weather standards;	52

(J) All other requirements imposed on an applicant for a	53
permit or on a permittee to undertake capital improvements under	54
the Federal Water Pollution Control Act, the Safe Drinking Water	55
Act as defined in section 6109.01 of the Revised Code, this	56
chapter, Chapter 6109. of the Revised Code, or rules adopted under	57
either chapter.	58