Ohio § 1522.14

§ 1522.14.

The following are exempt from the requirement to obtain a withdrawal and consumptive

use permit: (A) A facility or proposed facility that has a withdrawal and consumptive use capacity

or proposed capacity below the threshold amounts established in divisions (A)(1) to

(3) of section 1522.12 of the Revised Code; (B) A facility that has a new or increased withdrawal capacity above an applicable threshold

amount established in section 1522.12 of the Revised Code if either of the following apply: (1) Except as provided in division (B)(2) of this section, the new or increased maximum

daily withdrawal of the facility is less than the applicable threshold amount when

averaged over any ninety-day period. (2) The new or increased maximum daily withdrawal of the facility is less than the applicable

threshold amount when averaged over any forty-five-day period with regard to a facility

with withdrawals from a river or stream that is a high quality water when the withdrawals

are made at a point where the area of the watershed of the river or stream is less

than one hundred square miles but greater than fifty square miles. Division (B) of this section does not apply to withdrawals of a facility from a river

or stream that is a high quality water when the withdrawals are made at a point where

the area of the watershed of the river or stream is fifty square miles or less. (C) A baseline facility that has not increased its withdrawal and consumptive use capacity

beyond the capacity listed in the baseline report and beyond the threshold amounts

established in section 1522.12 of the Revised Code ; (D) An electric generating facility that increases its consumptive use due to a requirement

imposed by a federal regulation that is unrelated to an increase in production at

the facility; (E) A facility making a withdrawal and consumptive use from an impoundment of water collected

primarily from diffused surface water sources, including a farm pond, golf course

pond, nursery pond, stormwater retention pond, or other private pond;  or a facility

making a withdrawal and consumptive use from any stream or river to augment the water

supply of an impoundment of water if the impoundment is used, at least in part, for

firefighting purposes.  The exemption established by this division does not apply to a facility making a

withdrawal and consumptive use for industrial purposes or for public water supply

purposes. (F) A facility that must temporarily establish a new or increased withdrawal and consumptive

use capacity as a result of an emergency for the duration of that emergency that,

without the new or increased withdrawal and consumptive use capacity, will result

in imminent harm to human health or property; (G) A facility that is establishing a new or is increasing its withdrawal and consumptive

use capacity in compliance with an experimental use permit issued under section 1522.131 of the Revised Code ; (H) A facility that must temporarily establish a new or increased withdrawal and consumptive

use capacity in order to respond to a humanitarian crisis for the duration of that

crisis if the new or increased capacity is necessary to assist in the management of

that crisis; (I) A facility that is exempt from the requirement to obtain a permit under division (D) or (E) of section 1521.23 of the Revised Code ; (J) A facility that is subject to regulation under Chapter 1514. of the Revised Code; (K) A facility that purchases all of its water from a public water system; (L) A facility that is withdrawing or consumptively using water from an off-stream impoundment

that has been substantially filled with a stream withdrawal by a baseline facility

or with a stream withdrawal that is subject to a withdrawal and consumptive use permit; (M) A facility that is increasing its withdrawal or consumptive use capacity directly

related to supplying a major electric generating facility that is subject to regulation

under Chapter 4906. of the Revised Code.