Ohio § 6111.04

§ 6111.04.

(A) Both of the following apply except as otherwise provided in division (A) or (F) of

this section: (1) No person shall cause pollution or place or cause to be placed any sewage, sludge,

sludge materials, industrial waste, or other wastes in a location where they cause

pollution of any waters of the state. (2) Such an action prohibited under division (A)(1) of this section is hereby declared

to be a public nuisance. Divisions (A)(1) and (2) of this section do not apply if the person causing pollution

or placing or causing to be placed wastes in a location in which they cause pollution

of any waters of the state holds a valid, unexpired permit, or renewal of a permit,

governing the causing or placement as provided in sections 6111.01 to 6111.08 of the Revised Code or if the person's application for renewal of such a permit is pending. (B) If the director of environmental protection administers a sludge management program

pursuant to division (R) of section 6111.03 of the Revised Code , both of the following apply except as otherwise provided in division (B) or (F)

of this section: (1) No person, in the course of sludge management, shall place on land located in the

state or release into the air of the state any sludge or sludge materials. (2) An action prohibited under division (B)(1) of this section is hereby declared to

be a public nuisance. Divisions (B)(1) and (2) of this section do not apply if the person placing or releasing

the sludge or sludge materials holds a valid, unexpired permit, or renewal of a permit,

governing the placement or release as provided in sections 6111.01 to 6111.08 of the Revised Code or if the person's application for renewal of such a permit is pending. (C) No person to whom a permit has been issued shall place or discharge, or cause to

be placed or discharged, in any waters of the state any sewage, sludge, sludge materials,

industrial waste, or other wastes in excess of the permissive discharges specified

under an existing permit without first receiving a permit from the director to do

so. (D) No person to whom a sludge management permit has been issued shall place on the land

or release into the air of the state any sludge or sludge materials in excess of the

permissive amounts specified under the existing sludge management permit without first

receiving a modification of the existing sludge management permit or a new sludge

management permit to do so from the director. (E) The director may require the submission of plans, specifications, and other information

that the director considers relevant in connection with the issuance of permits. (F) This section does not apply to any of the following: (1) Waters used in washing sand, gravel, other aggregates, or mineral products when the

washing and the ultimate disposal of the water used in the washing, including any

sewage, industrial waste, or other wastes contained in the waters, are entirely confined

to the land under the control of the person engaged in the recovery and processing

of the sand, gravel, other aggregates, or mineral products and do not result in the

pollution of waters of the state; (2) Water, gas, or other material injected into a well to facilitate, or that is incidental

to, the production of oil, gas, artificial brine, or water derived in association

with oil or gas production and disposed of in a well, in compliance with a permit

issued under Chapter 1509. of the Revised Code, or sewage, industrial waste, or other

wastes injected into a well in compliance with an injection well operating permit.  Division (F)(2) of this section does not authorize, without a permit, any discharge

that is prohibited by, or for which a permit is required by, regulation of the United

States environmental protection agency. (3) Application of any materials to land for agricultural purposes or runoff of the materials

from that application or pollution by residual farm products, manure, or soil sediment,

including attached substances, resulting from farming, silvicultural, or earthmoving

activities regulated by Chapter 307. or 939. of the Revised Code.  Division (F)(3) of this section does not authorize, without a permit, any discharge

that is prohibited by, or for which a permit is required by, the Federal Water Pollution

Control Act or regulations adopted under it.  As used in division (F)(3) of this section, “residual farm products” and “manure”

have the same meanings as in section 939.01 of the Revised Code . (4) The excrement of domestic and farm animals defecated on land or runoff therefrom

into any waters of the state.  Division (F)(4) of this section does not authorize, without a permit, any discharge

that is prohibited by, or for which a permit is required by, the Federal Water Pollution

Control Act or regulations adopted under it. (5) On and after the date on which the United States environmental protection agency

approves the NPDES program submitted by the director of agriculture under section 903.08 of the Revised Code , any discharge that is within the scope of the approved NPDES program submitted by

the director of agriculture; (6) The discharge of sewage, industrial waste, or other wastes into a sewerage system

tributary to a treatment works.  Division (F)(6) of this section does not authorize any discharge into a publicly

owned treatment works in violation of a pretreatment program applicable to the publicly

owned treatment works or any discharge to a privately owned treatment works in violation

of any permit conditions established in accordance with 40 C.F.R. 122.44(m) . (7) A household sewage treatment system or a small flow on-site sewage treatment system,

as applicable, as defined in section 3718.01 of the Revised Code that is installed in compliance with Chapter 3718. of the Revised Code and rules

adopted under it.  Division (F)(7) of this section does not authorize, without a permit, any discharge

that is prohibited by, or for which a permit is required by, regulation of the United

States environmental protection agency. (8) Exceptional quality sludge generated outside of this state and contained in bags

or other containers not greater than one hundred pounds in capacity.  As used in division (F)(8) of this section, “exceptional quality sludge” has the

same meaning as in division (X) of section 3745.11 of the Revised Code . (G) The holder of a permit issued under section 402 (a) of the Federal Water Pollution

Control Act need not obtain a permit for a discharge authorized by the permit until

its expiration date.  Except as otherwise provided in this division, the director of environmental protection

shall administer and enforce those permits within this state and may modify their

terms and conditions in accordance with division (J) of section 6111.03 of the Revised Code .  On and after the date on which the United States environmental protection agency

approves the NPDES program submitted by the director of agriculture under section 903.08 of the Revised Code , the director of agriculture shall administer and enforce those permits within this

state that are issued for any discharge that is within the scope of the approved NPDES

program submitted by the director of agriculture.