Ohio § 1522.12

§ 1522.12.

(A) For purposes of the compact, the owner or operator of a facility within the Lake

Erie watershed that is not otherwise exempt under section 1522.14 of the Revised Code shall obtain a withdrawal and consumptive use permit from the chief of the division

of water resources if the facility meets any of the following threshold criteria: (1) The facility has a new or increased capacity for withdrawals or consumptive uses

from Lake Erie or a recognized navigation channel of at least two and one-half million

gallons per day. (2) Except as provided in division (A)(3) of this section, the facility has a new or

increased capacity for withdrawals or consumptive uses from any river or stream or

from ground water in the Lake Erie watershed of at least one million gallons per day. (3)(a) Except as provided in division (A)(3)(b) of this section, the facility has a new

or increased capacity for withdrawals or consumptive uses from any river or stream

in the Lake Erie watershed that is a high quality water of at least one hundred thousand

gallons per day.  Division (A)(3) of this section does not apply to withdrawals and consumptive uses

from outstanding state waters that are designated as such by the environmental protection

agency due to their exceptional recreational values. (b) If a river or stream or segment thereof is designated as a high quality water as

of September 4, 2012, the threshold established in division (A)(3)(a) of this section

applies to the river or stream or segment thereof and the entire watershed upstream

of that river, stream, or segment.  If a river or stream or segment thereof is designated as a high quality water after

September 4, 2012, the threshold established in division (A)(3)(a) of this section

applies to the river or stream or segment thereof and the entire watershed upstream

of that river, stream, or segment, provided that the director of environmental protection

and the director of natural resources, or their designees, jointly determine that

the proposed withdrawal or consumptive use would cause the high quality water to lose

its designation as a high quality water.  If the directors determine that the proposed withdrawal or consumptive use would

not cause the high quality water to lose that designation, the threshold established

in division (A)(2) of this section applies to the withdrawal or consumptive use at

a point beginning one thousand feet upstream of the upstream end of the designated

high quality water segment or at a point beginning two times the length of the river,

stream, or segment that has been designated as a high quality water, whichever is

greater. (B) An owner or operator of a facility that is not otherwise exempt under section 1522.14 of the Revised Code and that is subject to a threshold specified in division (A) of this section shall

not install or operate the facility or equipment that will result in a new or increased

withdrawal or consumptive use of water in the Lake Erie watershed without first obtaining

a withdrawal and consumptive use permit. (C) Permits issued under this section shall be issued only for the amount of withdrawal

or consumptive use capacity of a facility that meets or exceeds threshold amounts

established in division (A) of this section.  A permit shall not be required for the portion of the withdrawal and consumptive

use capacity of the facility below that threshold amount. (D) An applicant for a permit shall submit an application to the chief on a form that

the chief prescribes.  The applicant shall include with the application all of the following: (1) The name, address, and telephone number of the applicant and of a contact person

for the applicant; (2) The names, addresses, and other necessary contact information of any other owners

and operators of the facility; (3) A description of all of the following: (a) The facility's current withdrawal capacity per day if the withdrawal is to occur

at a facility already in operation; (b) The total new or increased daily withdrawal capacity proposed for the facility; (c) The locations and sources of water proposed to be withdrawn; (d) The locations of proposed discharges or return flows; (e) The locations and nature of proposed consumptive uses and the applicable consumptive

use coefficient for the facility; (f) The estimated average annual and monthly volumes and rates of withdrawal; (g) The estimated average annual and monthly volumes and rates of consumptive use; (h) The environmentally sound and economically feasible water conservation measures to

be undertaken by the applicant; (i) Other ways the applicant's need for water may be satisfied if the application is

denied or modified; (4) All information required in sections 1522.121 to 1522.124 of the Revised Code if the source of water for the proposed withdrawal is ground water; (5) Any other information the chief may require to adequately consider the application; (6) A nonrefundable application fee of one thousand dollars, the proceeds of which shall

be credited to the water management fund created in section 1521.22 of the Revised Code . (E) Provided that a facility meets all applicable permit conditions, a permit for the

facility is valid until the facility is the subject of facility abandonment.  Once every five years, the owner or operator of a facility shall certify to the

chief that the facility is in compliance with the permit that has been issued for

the facility. (F) No person that is required to do so shall fail to apply for and receive a withdrawal

and consumptive use permit. (G) A permit issued under this section shall include terms and conditions restricting

the withdrawal and consumptive use by a facility to amounts not exceeding the capacity

of the facility. (H) The chief shall issue or deny a permit not later than ninety days after receipt of

a complete application.  If applicable, the chief shall comply with the requirements regarding prior notice

established in Section 4.6 of the compact.  The chief shall issue or deny a permit through issuance of an order.  The chief shall issue a permit if all applicable criteria for receiving the permit

are met as provided in sections 1522.10 to 1522.30 of the Revised Code and neither of the following applies: (1) A withdrawal or consumptive use will result in a significant lowering of the water

level within an aquifer, the overdrafting of an aquifer, a significant diminution

in the amount of water available in existing wells, or the interruption of existing

ground water supplies within the geographic area established by the chief pursuant

to section 1522.125 of the Revised Code without a suitable replacement water supply source. (2) A withdrawal or consumptive use would cause irreparable material damage to an aquifer

such that the aquifer could no longer yield the amount of water it did before the

withdrawal or consumptive use proposed in the application. (I) If the facility for which a permit has been issued under this section withdraws ground

water, the chief may require the continued monitoring and reporting of water levels

in each aquifer via existing wells or new monitoring wells drilled by the permittee.