Ohio § 1521.23

§ 1521.23.

(A) Except as provided in divisions (D) and (E) of this section, no person shall allow

a facility that the person owns or operates to withdraw waters of the state in an

amount that would result in a new or increased consumptive use of more than an average

of two million gallons of water per day in any thirty-day period without first obtaining

a permit from the chief of the division of water resources under section 1521.29 of the Revised Code . (B) Prior to developing a new or increased withdrawal or consumptive use capacity that

would facilitate a withdrawal requiring a permit under section 1521.29 of the Revised Code , an owner or operator of a facility shall submit an application for a permit to the

chief on a form the chief prescribes.  The applicant shall declare and document all of the following in the application: (1) The facility's current withdrawal capacity per day if the withdrawal is to occur

at a facility already in operation; (2) The total new or increased daily withdrawal capacity proposed for the facility; (3) The locations and sources of water proposed to be withdrawn; (4) The locations of proposed discharges or return flows; (5) The locations and nature of proposed consumptive uses; (6) The estimated average annual and monthly volumes and rates of withdrawal; (7) The estimated average annual and monthly volumes and rates of consumptive use; (8) The effects the withdrawal is anticipated to have with respect to existing uses of

water resources; (9) A description of other ways the applicant's need for water may be satisfied if the

application is denied or modified; (10) A description of the conservation practices the applicant intends to follow; (11) All information required under sections 1521.24 to 1521.27 of the Revised Code if the sources of water for the proposed withdrawal are ground water; (12) Any other information the chief may require by rule. (C) Each application shall be accompanied by a nonrefundable fee of one thousand dollars,

which shall be credited to the water management fund created under section 1521.22 of the Revised Code . (D) A major utility facility that is subject to regulation under Chapter 4906. of the

Revised Code, a facility that is subject to regulation under Chapter 1514. of the

Revised Code, or a facility that is required to obtain a permit under sections 1522.10 to 1522.30 of the Revised Code need not obtain a permit under section 1521.29 of the Revised Code . (E) A public water system, as defined in section 6109.01 of the Revised Code , that withdraws waters of the state in an amount that would result in a new or increased

consumptive use of more than two million gallons per day need not obtain a permit

under section 1521.29 of the Revised Code if one of the following applies: (1) The public water system was in operation on June 29, 1988, and no substantial changes

in the design capacity are proposed for that system. (2) A public water system that is proposed to be constructed or installed, or an existing

system for which changes are proposed, encompasses only water distribution facilities.