Ohio § 6111.53

§ 6111.53.

(A) The director of environmental protection shall establish and maintain a water quality

monitoring program to collect levels one, two, and three credible data for surface

water monitoring and assessment.  In the same manner provided in division (A)(2) of section 6111.51 of the Revised Code , the director shall adopt rules establishing the program.  The rules shall describe the training and experience that are required for a person

to become a qualified data collector in the program.  The requirements shall be commensurate with the type and level of data collected.  The rules shall require the training to include a thorough knowledge of applicable

sampling protocols and field methods so that the data collection and interpretation

are reproducible, scientifically defensible, and free from preconceived bias.  The rules shall authorize individuals with the necessary academic credentials and

experience to train other persons to be qualified data collectors. The rules also shall require that the data collectors follow plans containing data

collection methods, sampling and analysis methods, and quality assurance and quality

control procedures that comply with those established in rules adopted under section 6111.51 of the Revised Code .  The rules shall require that the plans contain the certification required under

division (D) of this section.  Plans shall not be required under the rules for credible data that are collected

by the environmental protection agency, its contractors, or federal or state environmental

agencies.  Except as otherwise required by a permit issued by an agency of the state, by findings

and orders issued by the director, or pursuant to a court order, plans shall not be

required under the rules for data that are submitted pursuant to the requirements

of the permit.  The director may develop generic plans or generic components of plans for use by

qualified data collectors. (B) A qualified data collector may submit credible data to the director in accordance

with a generic plan without submitting a plan to the director for approval under division

(C) of this section. (C) In lieu of submitting data pursuant to a generic plan, a qualified data collector

who intends to submit credible data to the director may submit a site-specific plan

that complies with the rules adopted under division (A) of this section.  If a qualified data collector will be assisted by other persons who are not qualified

data collectors, the plan shall include procedures for the supervision of their work

to ensure the accuracy of the data collection.  The plan shall identify whether the data to be collected are level one, two, or

three credible data.  The director shall review the plan to determine if it complies with the rules adopted

under division (A) of this section and with this division.  After reviewing the plan, the director shall either approve or disapprove it.  A plan that is not disapproved within sixty days shall be considered to have been

approved. (D) A person who chooses to submit data for consideration as credible data shall document

the person's status as a qualified data collector, demonstrate compliance with a generic

plan or a site-specific plan, certify to the best knowledge and belief of the qualified

data collector that the credible data were collected in accordance with the procedures

required by the plan developed or approved under this section, and certify that the

person has not been convicted of or pleaded guilty to a violation of section 2911.21 of the Revised Code or a substantially similar municipal ordinance within the previous five years.  The director shall not consider data submitted by a qualified data collector that

are not accompanied by the certification required under this division. No person is required to submit any of the data collected pursuant to a plan developed

or approved under this section unless submission of the data is otherwise required

by law, but a person submitting some data pursuant to such a plan shall submit all

data collected pursuant to the plan. (E) The director shall verify that a person submitting data is a qualified data collector,

review all data collected by a qualified data collector, and determine that all components

of the plan for the collection of the data were followed.  If the director determines that the data were collected by a qualified data collector

in accordance with required procedures, the director shall approve the data as credible.  The director shall provide the qualified data collector with written notice informing

the qualified data collector as to whether the data have been approved, including

the level at which the data qualify as credible data. (F) The director shall retain all information submitted by a qualified data collector

for a period of not less than ten years from the date of receipt.  All information submitted is a public record.