Ohio Adm.Code 1501 | Ohio Administrative Code 1501 — Department of Natural Resources

Chapter 1501-1 Notice of Public Hearing

Ohio Adm.Code 1501-1-01 Notice of a public hearing.

Public notice of hearing to be conducted by the department of natural resources shall be advertised in the register of Ohio at least thirty days, but not more than forty days, prior to the hearing. In addition to public notice given in the register of Ohio, the department may give whatever other notice it reasonably considers necessary to ensure notice contructively is given to all persons who are subject to or affected by the propsed rule, amendment or recission. The notice shall include: a statement of the department's intention to consider adopting, amending, or rescinding a rule; a synopsis of the propsed rule, amendment, or rule to be rescinded, or a general statement of the subject matter to which the proposed rule, amendment, or recission relates; a statement of the reason or purpose for adopting, amending, or rescinding the rule; and the date, time, and place of a hearing on said proposed action. The notice shall also state the place from which copies of the propsed rule, amendment, or rule to be rescinded may be obtained.

Last updated July 16, 2026 at 7:49 AM

History

Effective: January 24, 2016
Promulgated Under: 119.03

Chapter 1501-2 Water Diversion

Ohio Adm.Code 1501-2-01 Applicability.

No person shall divert more than one hundred thousand gallons per day of any waters of the state out of the lake Erie or Ohio river drainage basin without being issued a permit by the director of natural resources in accordance with section 1501.32 of the Revised Code and rules issued pursuant to that section.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-02 Definitions.

For purposes of rules 1501-2-01 to 1501-2-12 of the Administrative Code:

(A) "Director" means the director of the department of natural resources.

(B) "Department" means the department of natural resources.

(D) "Application" means an application for the water diversion permit required by section 1501.32 of the Revised Code and rules adopted pursuant to that section.

(E) "One hundred thousand gallons per day" means an average of one hundred thousand gallons per day for any consecutive thirty day period.

(F) "Diversion" means a withdrawal of waters of this state from either the lake Erie or Ohio river drainage basin and transfer to another basin without return. Diversion does not include evaporative loss within the basin of withdrawal.

(G) "Withdrawal" means the removal or taking of any waters of the state of Ohio.

(H) "Lake Erie drainage basin" means the lands and waters located within the state of Ohio that constitute part of the watershed of lake Erie.

(I) "Ohio river drainage basin" means the lands and waters located within the state of Ohio that constitute part of the watershed of the Ohio river.

(J) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, or other legal entity, or any political subdivision, instrumentality, or agency of this state or the United States.

(K) "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and other bodies or accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, that are situated wholly or partly within, or border upon, this state or are within its jurisdiction.

(L) "Completed application" means an application for a water diversion permit, required by section 1501.32 of the Revised Code and rules adopted pursuant to that section, which has been reviewed and determined by the director not to be defective according to rule 1501-2-05 of the Administrative Code.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-12

(A) Within ninety days of accepting a completed application for a diversion which is subject to the provisions of section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230 42 U.S.C.A. 1962d-20, the director shall either:

(1) Deny the permit in accordance with the provisions set forth in rule 1501-2-06 of the Administrative Code; or

(2) Formulate a recommendation to approve the diversion proposal and transmit it, along with the completed application and other relevant materials, to the governor of Ohio for consideration pursuant to section 1109 of the "Water Resource Development Act of 1986," 100 Stat. 4230, 42 U.S.C.A. 1962d-20.

(B) Upon being notified that the governor of Ohio has denied permission for the diversion proposal pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall deny the permit consistent with the provisions of rule 1501-2-07 of the Administrative Code.

(C) Upon being notified that the governor of Ohio has indicated that the diversion proposal is approvable pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall:

(1) Notify the governors and appropriate water management agencies of the other great lakes states and request the approval of the governors for the diversion proposal pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C.A. 1962d-20.

(2) Notify the premiers and appropriate water management agencies of the Canadian provinces of Quebec and Ontario and request their comments on the diversion proposal pursuant to the prior notice and consultation provisions of the great lakes charter.

(3) If the diversion proposal directly involves the waters of lake Erie, consult the international joint commission to determine whether the proposed diversion is subject to the Boundary Waters Treaty of 1909.

(4) The notification shall include a copy of the completed diversion application and any other relevant information not contained in the application.

(5) The director shall make a reasonable effort to provide any additional information requested by the parties listed in paragraphs (C)(1), (C)(2), and (C)(3) of this rule. If necessary, the director shall request the applicant to provide the information requested.

(6) If requested by any of the parties listed in paragraphs (C)(1), (C)(2), and (C)(3) of this rule, the director shall convene a consultation meeting with the other great lakes states and provinces, providing at least a thirty day notice of the meeting.

(D) If one or more of the great lakes states' governors indicate that they are unwilling to approve the diversion proposal without modifications, the director shall provide the applicant the opportunity to amend the diversion application. If the applicant does so amend the application, the director will notify the parties listed in paragraphs (C)(1), (C)(2), and (C)(3) of this rule about the amendment and will request the great lakes states' governors to approve the diversion proposal as amended.

(E) Upon being notified that any of the great lakes states' governors has denied permission for the diversion proposal pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall deny the permit application consistent with the provisions of rule 1501-2-07 of the Administrative Code.

(F) Upon being notified that all the great lakes states' governors have approved the diversion proposal pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall approve the permit application consistent with the provisions of rule 1501-2-07 of the Administrative Code. Upon issuing the diversion permit, the director will notify the other great lakes states and the Canadian provinces of Quebec and Ontario of such issuance.

(G) Within ninety days of accepting a completed application for a diversion which is not subject to the provisions of section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230 42 U.S.C.A. 1962d-20 but is subject to the provisions of the great lakes charter, the director shall either:

(1) Deny the permit in accordance with the provisions set forth in rule 1501-2-06 of the Administrative Code; or

(2) Notify the governors and appropriate water management agencies of the great lakes states and the premiers and appropriate water management agencies of the Canadian provinces of Quebec and Ontario and request their comments on the diversion proposal pursuant to the prior notice and consultation provisions of the great lakes charter.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-05

(A) Any application that fails to provide the director with prescribed information needed for ascertaining compliance with the applicable provisions of section 1501.32 of the Revised Code, or rules promulgated thereunder, shall be considered defective. Upon determining that an application is defective, the director shall so notify the applicant and either request additional information or return the application to the applicant without further processing. An indication of the deficiency shall accompany a returned application and the applicant shall have ninety days from the receipt thereof in which to cure the defect. Upon determining that an application is not defective, the director shall notify the applicant that the application has been accepted as complete and is being considered.

(B) An application shall contain the following information and shall be filed on forms provided by the director:

(1) The name, address, and telephone number of applicant.

(2) The location of the proposed withdrawal; a description of all proposed and existing systems for the storage, treatment, transportation, and distribution of water; and the location to which the waters of the state are proposed to be diverted; the location of any discharge of water or wastewater effluent within the area to which the applicant intends to supply water from the diversion; and the geographic area to which the applicant intends to supply water and the population within that area.

(3) The average quantity of water in gallons to be diverted daily and a description of the uses to which the water is to be put, including the proportion allocated to each use.

(4) A description of all present sources of water supply available to the applicant in the basin to which the water would be diverted; an analysis of applicant's present and future needs; and a description of efforts to develop and conserve water resources in the importing basin.

(5) The expected life of the diversion project.

(6) Maps showing the items listed in paragraph (B)(2) of this rule; the county and township roads; the location of utilities; the topography; and any structures of facilities affected by or part of the proposed diversion. Maps published by the state, county, and the United States geological survey, and aerial photographs, may be used for these purposes.

(7) Diversion design specifications and site plans accurately drawn and in sufficient detail to clearly indicate the extent and complexity of the proposed diversion.

(8) An analysis of anticipated effects on uses of lands and waters within the lake Erie or Ohio river drainage basin resulting from the diversion. The analysis shall include an assessment of short-term and long-term impacts on natural, historic, community, economic and scenic resources, in-stream uses, and economic and ecologic aspects of water levels that will be affected by the proposed diversion project. The assessment shall include the identification of all known or anticipated competing uses for the diverted water.

(9) An analysis of needs and requirements of land acquisition, land use requirements, relocation or resiting of existing facilities, rights of way, structures, and all equipment, including energy needs of the equipment, and total costs, direct and indirect, to effect the diversion.

(10) An analysis of whether the diversion is consistent with plans and requirements of the state for the use, management, and protection of the water resources of this state.

(11) An analysis of the impact of the proposed diversion on the levels and flows in both the basin to which water would be diverted and the basin from which the water would be withdrawn over the expected life of the diversion, including low flows, flood levels, and where appropriate, the levels of lake Erie or the Ohio river.

(12) An analysis of the impact of the proposed diversion on water quality in both the basin to which water would be diverted and the basin from which the water would be withdrawn over the expected life of the diversion.

(13) Projections of water use needs for the life of the diversion in the basin to which the water would be diverted and the basin from which the water would be withdrawn, and an analysis of the potential impact of the proposed diversion on water supply in each such basin over the life of the project.

(14) An analysis of alternatives for meeting the present and future water needs of the applicant, including the economic, social, and environmental impacts of further development of the water resources in the importing basin.

(15) Such additional information as the director may require.

(C) An application for a diversion which lawfully diverted more than one hundred thousand gallons per day of any waters of this state within one year before October 12, 1984 shall contain the following information and shall be filed on forms provided by the director:

(1) The name, address, and telephone number of applicant.

(2) The location of the withdrawal; a description of all proposed and existing systems for the storage, treatment, transportation, and distribution of water; and the location to which the waters of the state are proposed to be diverted; the location of any discharge of water or wastewater effluent within the area to which the applicant intends to supply water from the diversion; and the geographic area to which the applicant intends to supply water and the population within that area.

(3) The average quantity of water, in gallons, diverted daily and a description of the uses to which the water is put, including the proportion of the diversion which goes to each use.

(4) Maps in sufficient detail to show the items listed in paragraph (C)(2) of this rule; the county, township, and section lines; the locations of state, county, and township roads; the locations of utilities; the topography; and any other structures or facilities affected by or part of the proposed water diversion. Maps published by the state, the county, or the United States geological survey, the aerial photographs, may be used for these purposes.

(5) The expected life of the diversion project.

(6) Such additional information as the director may require.

(D) The application required under paragraph (B) of this rule shall be accompanied by a nonrefundable fee of one thousand dollars.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-03 Severability.

The invalidation by a court of a rule adopted or amended pursuant to sections 1501.30 to 1501.35 of the Revised Code shall not affect the validity of any other rule or portion thereof adopted or amended thereunder by the director.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-04 Lake erie and ohio river drainage basin.

The chief of the division of water in the department of natural resources shall establish and maintain a map file of the boundaries of the lake Erie and Ohio river drainage basins in this state. The map file shall be available for public inspection at the division's offices in Columbus. The chief shall develop a generalized map illustrating the drainage basins for lake Erie and the Ohio river in this state. Copies of the generalized map shall be available upon request.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 28, 1985
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-2-06 Criteria for permit review.

(A) No application for a water diversion permit shall be granted if the director determines any of the following to be true:

(1) During the expected life of the diversion, some or all of the water to be diverted will be needed for use within the basin.

(2) The proposed diversion will endanger the public health, safety and welfare.

(3) The applicant has not demonstrated that the proposed diversion is a reasonable and beneficial use and is necessary to serve the applicant's present and future needs;

(4) The applicant has not demonstrated that reasonable efforts have been made to develop and conserve water resources in the importing basin and that further development of those resources would engender overriding, adverse economic, social, or environmental impacts;

(5) The proposed diversion is inconsistent with regional or state water resources plans;

(6) The proposed diversion, alone or in combination with other diversions and water losses, will have a significant adverse impact on in-stream uses or on economic or ecologic aspects of water levels.

(B) If at any time the director discovers material discrepancies in an application due to invalid or untrue information, he may suspend, revoke or deny any permit issued under it.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-07 Timetables for action on water diversion permit applications.

(A) If the application is for a diversion which is not subject to the provisions of section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230 42 U.S.C.A. 1962D-20, the director shall issue or deny the water diversion permit within ninety days of accepting the completed application in accordance with the provisions set forth in rule 1501-2-06 of the Administrative Code, unless the director determines that the complexity of the issues requires further consideration. In that event, the director shall notify the applicant in writing of the need for an extension and of the reason therefor.

(B) If the application is for a diversion which is subject to the provisions of section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230 42 U.S.C.A. 1962D-20, the director shall do one of the following:

(1) Deny the water diversion permit within ninety days of accepting the completed application in accordance with the provisions set forth in rule 1501-2-06 of the Administrative Code, without sending the application to the Great Lakes states' governors for their consideration pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C.A. 1962D-20, unless the director determines that the complexity of the issues requires further consideration. In that event, the director shall notify the applicant in writing of the need for an extension and of the reason therefor.

(2) Deny the water diversion permit within ninety days of receiving notification of denial of the diversion proposal from any of the Great Lakes states' governors pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C.A. 1962D-20.

(3) Approve the water diversion permit within ninety days of receiving notification of approval of the completed application from all the Great Lakes' states governors pursuant to section 1109 of the "Water Resources Development Act of 1986," 100 Stat. 4230, 42 U.S.C.A. 1962D-20, and in accordance with the provisions set forth in rule 1501-2-06 of the Administrative Code.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-08 Transfer of permits.

(A) Any person intending to transfer a water diversion permit shall notify the director, in writing, at least sixty days prior to transfer.

(B) No water diversion permits shall be transferred unless the transfer is approved by the director in writing.

(1) The transferor is presently in compliance with section 1501.32 of the Revised Code, rules promulgated thereunder, and the terms and conditions of its permit.

(2) The transferee assumes all responsibilities and obligations of the transferor regarding the diversion permit.

(3) In the case of a transferee who has previously held or currently holds a permit, that such transferee has previously operated or presently operates the diversion in compliance with section 1501.32 of the Revised Code, rules promulgated thereunder, and the terms and conditions of its permit.

(4) The transfer does not allow for any increase in the quantity or any change in the location or purpose of the diversion.

(5) The transfer does not alter or jeopardize compliance with any terms or condition of the permit or with any obligations assumed thereunder.

(6) The transferred permit expires on the date of the original permit.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-09 Reporting requirements.

Within sixty days after the end of each calendar year, all permittees shall furnish the director with the following information, and such other information as the director may require, on forms provided by him:

(A) The total amount of water diverted during that calendar year.

(B) The average daily and monthly volume of water diverted during that calendar year.

(D) The amount and percentage of diverted water used during the calendar year for each purpose listed on the application for the permit.

(E) The amount of water transferred, sold or otherwise provided from the diversion to any other named distribution system during the calendar year.

(F) Failure to comply with the reporting requirements shall be considered a violation of section 1501.32 of the Revised Code, and the permit may be subject to suspension.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-10 Appeal procedures.

(A) No denial of an application for permit or a revocation of permit, shall be valid unless the applicant is afforded the opportunity for a hearing pursuant to sections 119.01 to 119.13 of the Revised Code. The date set for such a hearing shall be within fifteen days but no earlier than seven days after the party has requested a hearing, unless otherwise agreed to by both the director or his authorized representative and the party.

(B) Upon the denial of his application, the applicant shall be notified of his right to a hearing. Such notice shall be given by registered mail, return receipt requested, and shall include the charges or other reasons for such proposed action, the law or rule directly involved, and a statement informing the party that he is entitled to a hearing if he requests it within thirty days of the time of mailing the notice. The notice shall also inform the party that at the hearing he may appear in person, may be represented by his attorney, or by such other representative as is permitted to practice before the agency, or may present his position, arguments or contentions in writing and that at the hearing he may present evidence and examine witnesses appearing for and against him. A copy of this notice shall be mailed to attorneys or other representatives of record representing the party.

(C) At such hearing the director may grant a motion to intervene. A petition to intervene may be filed by any person claiming a right to intervene or having an interest of such nature that intervention is necessary or appropriate to the administration of the statute under which the processing is sought. Such right or interest may be a right conferred by statute; an interest which may be directly affected and which is not adequately represented by existing parties; and any other interest of such nature that may be in the public's interest. A person may be denied intervention in such matter when he fails in a timely manner to do so, or when the movant's participation will not assist in the determination of the issues in question, or when the intervention will unnecessarily delay the hearing.

(D) Any party adversely affected by a denial or revocation of a permit by the director issued pursuant to adjudication may appeal to the court of common pleas of Franklin County. Any such notice of appeal shall be filed within fifteen days after the mailing of notice of the director's order.

(E) The filing of the appeal does not automatically stay the effectiveness of the orders of the director, and until such time as the orders are reversed or otherwise declared unlawful, or a stay of the orders is granted by the court, the orders shall remain in full force and effect.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-2-11 Public participation.

(A) Upon accepting a completed application for a diversion permit required by section 1501.32 of the Revised Code, the director shall notify local officials in the counties from which the water is proposed to be exported and to which the water is proposed to be imported, including but not limited to county commissioners, township trustees, and mayors or managers of municipalities, that the application has been received and accepted as complete. Upon determining that other counties will also be impacted by the proposed diversion, the director shall notify local officials in these counties as well. The director shall provide additional information regarding the proposed diversion to local officials upon request.

(B) Upon accepting a completed application for a diversion permit required by section 1501.32 of the Revised Code, the director shall make a reasonable effort, through the issuance of news releases or other appropriate means determined by the director, to notify the general public throughout the state of Ohio that the application has been received and accepted as complete. The director shall provide additional information regarding the proposed diversion to members of the general public upon request.

(C) Upon determining that adequate interest exists among local officials and members of the general public, the director shall conduct a public meeting within sixty days from the time notification is made pursuant to paragraph (A) of this rule, in order to further explain the proposal and to solicit comments.

(D) The director shall accept written comments regarding the proposed diversion from local officials and the general public for sixty days from the time notification is made pursuant to paragraph (A) of this rule.

Last updated August 19, 2026 at 12:11 PM

History

Effective: November 12, 2000
Promulgated Under: 119.03

Chapter 1501-3 Professional Design Services

Ohio Adm.Code 1501-3-01 Definitions.

(A) Any definitions set forth in section 153.65 of the Revised Code that are not otherwise addressed in this rule are incorporated in these rules by reference.

(B) "Chief engineer" means the chief engineer of the department of natural resources, state of Ohio.

(D) "Director" means the director of the department of natural resources, state of Ohio, or the director's designee.

(E) "Professional design firm" means any person legally engaged in rendering professional design services.

(F) "Professional design services" means all services, including construction observation and management, within the scope of practice of an architect or landscape architect registered under Chapter 4703. of the Revised Code or a professional engineer or professional surveyor registered under Chapter 4733. of the Revised Code.

(G) "Qualifications" means all of the following:

(1) Competence of the professional design firm to perform the required professional design services as indicated by the technical training, education, and experience of the firm's personnel, especially the technical training, education, and experience of the employees within the firm who would be assigned to perform the services;

(2) Ability of the firm in terms of its workload and the availability of qualified personnel, equipment, and facilities to perform the required professional design services competently and expeditiously;

(3) Past performance of the firm as reflected by the evaluations of previous clients with respect to such factors as control of costs, quality of work, and meeting of deadlines;

(4) Other similar factors.

(H) "Special services or special studies" means services or studies within the scope of practice of an architect, landscape architect, professional engineer or professional surveyor which assist in project planning or decision making, such as environmental assessments, soil borings and analysis, conceptual or schematic designs, scope of services development, etc., but which do not produce plans and specifications for construction.

Last updated July 16, 2026 at 7:49 AM

History

Effective: July 24, 1992
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-3-03 Pre-design and announcement.

(A) A pre-design phase for all projects available for professional design services shall be conducted to determine the project scope of services and requirements, the project schedule, the project budget, and, if appropriate, special services or studies such as the conceptual or schematic design, soil borings and testing, or other analyses.

(B) After completion of the pre-design phase, the project shall be announced.

(1) The announcement of the project requirements and scope of services shall be made in a uniform and consistent manner, sufficiently in advance of the time that proposals are to be submitted to provide an adequate opportunity for professional design firms to submit statements of qualifications for the project.

(2) The announcement shall include a description of the project, a statement of the specific professional design services required, and a description of the qualifications required for the project.

(3) The announcement shall indicate how qualified professional design firms may submit statements of qualifications in order to be considered for a contract to design or render other required services for the project.

(4) The announcement may be sent to architect, landscape architect, professional engineer, and professional surveyor trade associations, the news media, and any publications or other public media deemed appropriate.

(5) The announcement shall be made in a bulletin called the "Ohio Register" published by the Ohio department of administrative services. Additionally, the chief engineer may provide information on the notices of awards of contracts for design services, including fees, and for construction to the Ohio department of administrative services for publication in the "Ohio Register."

Last updated July 16, 2026 at 7:49 AM

History

Effective: May 22, 2011
Promulgated Under: 119.03

Ohio Adm.Code 1501-3-04 Statement of qualifications.

In response to the announcement of a project pursuant to rule 1501-3-03 of the Administrative Code, each professional design firm desiring to be considered for the project shall submit a statement of qualifications on a standard form as designated in the project announcement. As deemed appropriate, the department may request each professional design firm to provide additional information supplemental to the standard form.

Last updated July 16, 2026 at 7:49 AM

History

Effective: May 22, 2011
Promulgated Under: 119.03

Ohio Adm.Code 1501-3-05 Selection process.

(A) For every professional design services contract, a committee convened by the director or the director's designee shall review and evaluate, using pre-established project criteria, the statements of qualifications provided by professional design firms in response to the announcement of the project. Any professional design firm that fails to submit a statement of qualifications on the standard form in response to a specific project announcement will not be considered for that project.

(B) The committee shall issue a list of no fewer than three firms, rated fully qualified to perform the required services. Upon written notification to the director that fewer than three qualified firms are available, those firms shall be listed.

(C) If deemed to be necessary by the committee, a scope clarification meeting shall be conducted with all of the firms listed under paragraph (B) of this rule. The meeting shall be designed to explore further the scope and nature of the services required, the project schedule, the project budget, any unique project requirements, the conceptual or schematic design or other data developed in the pre-design phase, and the various technical approaches that the firms may take toward the project. Depending on any unique features of the project, the meeting may include a site visit. Any questions must be addressed at this meeting and shared with all participants, precluding any further contact with the committee. If necessary, written responses to any unresolved questions arising at the meeting will be provided to all participants.

(D) Each listed firm under paragraph (B) of this rule shall be asked to supplement its statement of qualifications with a technical proposal in accordance with the final scope of services and other project requirements as may have been presented at a scope clarification meeting. Each professional design firm requested to submit a technical proposal shall be informed of the date, time and location for such submittal. A firm that elects not to submit a technical proposal when requested to do so shall no longer be considered in the selection process for the project.

(E) The committee shall review the technical proposals and may interview individually all of the firms that submitted technical proposals.

(F) The committee shall then evaluate, select and rank all the firms which submitted technical proposals and/or were interviewed and shall identify the firm or firms determined to be most qualified to provide the required professional design services based on their qualifications as presented in the technical proposal, and/or interview. The committee shall notify the director of the ranking of the firms.

(G) If only one firm is rated most qualified, the chief engineer shall ask the firm to submit a lump sum fee proposal for the project. If more than one firm is determined to be equally most qualified, then each firm so rated shall be asked to submit a lump sum fee proposal based upon contract conditions and deliverables to be required of the selected firm. Each firm may submit a revised technical proposal with its fee proposal and may be required to undergo a second interview if one was previously held in the selection process.

(H) When more than one firm is determined to be equally most qualified, the firm submitting the lowest fee proposal for completion of the work in a manner that meets the contract conditions and deliverables shall be determined to be most qualified. A contract shall be negotiated with the firm ranked most qualified to perform the required services at a compensation determined, in writing, to be fair and reasonable to the state.

(I) Contract negotiations shall be directed toward:

(1) Ensuring that the professional design firm and the department have a mutual understanding of the essential requirements involved in providing the required services, including meeting the established total project budget;

(2) Determining that the firm will make available the necessary personnel, equipment and facilities to perform the services within the required time;

(3) Agreeing upon compensation which is fair and reasonable, taking into account the estimated value, scope, complexity and nature of the services.

(J) Upon failure to negotiate a contract with the firm ranked most qualified, the firm shall be informed, in writing, of the termination of negotiations. Negotiations shall then proceed with the firm ranked next most qualified. If negotiations again fail, the same procedure shall be followed with each next most qualified firm selected and ranked pursuant to paragraph (H) of this rule, in order of ranking, until a contract is negotiated or the list of most qualified firms is exhausted.

(K) Should there be a failure to negotiate a contract with any of the firms selected pursuant to paragraph (H) of this rule, additional firms shall be selected and ranked as follows:

(1) From the list the committee issued pursuant to paragraph (F) of this rule, or;

(2) Pursuant to paragraph (A) of this rule, or;

(3) The entire project may be re-announced pursuant to rule 1501-3-03 of the Administrative Code.

Upon selection, negotiations shall continue as with the firms selected and ranked initially until a contract is negotiated.

Last updated July 16, 2026 at 7:49 AM

History

Effective: May 22, 2011
Promulgated Under: 119.03

Ohio Adm.Code 1501-3-06 Exceptions.

This chapter does not apply to any of the following:

(A) Any project with an estimated professional design fee of less than twenty-five thousand dollars.

(B) Any project determined by the director to be an emergency requiring immediate action.

(C) Any projects requiring multiple contracts let as part of a program requiring a large number of professional design firms of the same type.

Last updated July 16, 2026 at 7:50 AM

History

Effective: May 22, 2011
Promulgated Under: 119.03

Chapter 1501-4 Acceptance of Donations; Licensing of Trademarks and Copyrights

Ohio Adm.Code 1501-4-01 Donations.

Donations are voluntary contributions to the agency.

The department of natural resources may accept donations of money, equipment, material and services that benefit the department. The department reserves the right to accept donations based on the compatibility and propriety of the donor with a project and the mission and goals of the department. Money, material and equipment must be accounted for in accordance with state policies and procedures.

Donations which will require annual funding for operations and maintenance, or staffing, or unfunded non-recurring costs, may only be accepted when approved in advance by the director.

Donations may be appropriately acknowledged, but will not be recognized by any special privilege associated with the areas, or through the naming of features after living persons. Exceptions to this paragraph require the prior written consent of the director.

No acknowledgement shall convey an endorsement of a particular donor or product. An endorsement is defined as the expression of a favorable opinion about the quality, value, or effectiveness of a particular product, service, company, or organization.

The department may reject donations from any entity whose activities are either intended or may be construed to influence the outcome of any election, department permitting, contracting, or other regulatory program.

Last updated July 16, 2026 at 7:50 AM

History

Effective: May 4, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-4-02 Sponsorships.

Sponsorships are the solicited assistance of money, material, or service from individuals, associations or business entities to support department activities or department programs or projects.

The department of natural resources may solicit sponsorships of money, materials, or services for department programs or projects. The department reserves the right to select sponsors based on the compatibility and propriety of the sponsor with a project and with the mission and goals of the department. Money, material and equipment must be accounted for in accordance with state policies and procedures.

To recognize a sponsor for their contribution of money, products, or in kind services, the department may produce and display public acknowledgement of these sponsors. The department may also establish additional terms and conditions.

No acknowledgement shall convey an endorsement of a particular sponsor or product. An endorsement is defined as the expression of a favorable opinion about the quality, value, or effectiveness of a particular product, service, company or organization.

The department may reject sponsorships from any entity whose activities are either intended or may be construed to influence the outcome of any election, department permitting, contracting, or other regulatory program.

Last updated July 16, 2026 at 7:50 AM

History

Effective: May 4, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-4-03 Advertising.

Advertising is the nonpersonal communication of information, paid for and usually persuasive in nature, about products, services, or viewpoints by identified sponsors through various media.

The department may accept advertising in communication media including but not limited to brochures, posters, maps, newspapers, periodicals, flyers, place mats, web pages, television segments, and video productions. The department reserves the right to select advertisers based on the compatibility and propriety of the advertiser with a medium and with the mission and goals of the department. Money, material and equipment must be accounted for in accordance with state policies and procedures.

The department will not accept advertising for illegal activities, tobacco products, alcoholic beverage products or advertising that contains or conveys a political message or portrays any unsafe or improper activity or one that is demeaning to any protected class, including but not limited to minorities, ethnic groups or women.

All publications carrying advertising will include a disclaimer of department approval or endorsement of advertised products or advertisers.

The department may reject advertising from any entity whose activities are either intended or may be construed to influence the outcome of any election, department permitting, contracting or other regulatory program.

Last updated July 16, 2026 at 7:50 AM

History

Effective: May 4, 2000
Promulgated Under: 119.03

Ohio Adm.Code 1501-4-04 Licensing.

The department of natural resources may trademark, servicemark, or copyright emblems and other symbols and license the use thereof by persons, associations or business entities. The department may establish terms and conditions for use of department emblems or symbols that are trademarked, servicemarked, or copyrighted. The department reserves the right to select licensees based on the compatibility and propriety of the licensee with a project and with the mission and goals of the department. Money, material and equipment must be accounted for in accordance with state policies and procedures.

The department may reject licensing arrangements from any entity whose activities are either intended or may be construed to influence the outcome of any election, department permitting, contracting, or other regulatory program.

Last updated July 16, 2026 at 7:50 AM

History

Effective: May 4, 2000
Promulgated Under: 119.03

Chapter 1501-6 Lease of Lake Erie Submerged Lands

Ohio Adm.Code 1501-6-01 Definition of terms.

(A) "Applicant" means any person who applies to the department to develop or improve any part of the territory as defined in division (A) of section 1506.11 of the Revised Code.

(B) "Application" means the signed and completed form(s) and any supplemental information which may be required by the director in accordance with these rules and submitted to the director as provided in divisions (B) and (G) of section 1506.11 of the Revised Code.

(D) "Development" or "improvement" means, but shall not be limited to, wharfs, breakwaters, piers, docks, bulkheads, marinas, groins, jetties, revetments, fill for the purpose of creating new lands or any structure of any kind which encroaches upon the territory.

(E) "Director" means the director of the department of natural resources.

(F) "Erosion control structure" means a structure solely and specifically designed to reduce or control lake Erie-related erosion of the shore. Examples include, but are not limited to, revetments, seawalls, bulkheads, and certain breakwaters and similar structures.

(G) "Fill" means any material used for the primary purpose of replacing lake Erie aquatic areas with dry land or changing the bottom elevation of lake Erie.

(H) "Governmental income producing facility" means any facility built in the territory managed by a governmental agency or by a contracted private management company which by the nature of the facility produces income above and beyond normal charges associated to cover operating costs. Said governmental agency shall include, but not be limited to, a county, township, village, municipality, port authority, park district or conservancy district.

(I) "Governmental non-income producing facility" means any facility built in the territory including, but not limited to, municipal water intake pipes, sewer outfall pipes, storm sewer outfall pipes, submerged cables or any other facility which is managed, owned, operated, occupied or utilized by a governmental agency for a governmental use or purpose at no charge or a nominal charge to cover operating cost. Said governmental agency shall include, but not be limited to, a county, township, village, municipality, port authority, park district, sewer district or conservancy district.

(J) "Large facility" means any semi-private or commercial facility built in the territory which exceeds four acres in total area and shall include, but not be limited to, an industrial facility such as a loading and off loading facility, an industrial water intake and an industrial water outfall, or fill to expand an upland or support facility for such use.

(K) "Lease" means a document prepared by the department containing terms and conditions for development or improvement of the territory of the state in lake Erie for a specified time, approved by the governor, and executed by the director in the manner prescribed by sections 1501.01, 1506.11 and 5301.13 of the Revised Code.

(L) "Littoral rights" means the right of an upland property owner to make reasonable use of the waters fronting the upland property and the right to wharf out to navigable waters within the projected boundaries of the upland property, said rights being subject to the rights of the state of Ohio and the United States.

(M) "Littoral zone" means the indefinite zone between the shoreline extending lakeward to the furthermost line where waves begin to break.

(N) "Ohio coastal management program" means the comprehensive action of the state and its political subdivisions to preserve, protect, develop, restore or enhance the resources of the coastal area in accordance with established objectives, policies, standards and criteria concerning protection of the natural resources in the coastal area; management of coastal development and redevelopment; preservation and restoration of historic, cultural and aesthetic coastal features; public access to the coastal area for recreational purposes; and as otherwise described in divisions (B) and (C) of section 1506.01 of the Revised Code and the Ohio coastal management program document.

(O) "Nonpoint source management program" means the management program for controlling pollution added from nonpoint sources to the waters of the state and improving the quality of such waters submitted by the governor to the U.S. environmental protection agency and approved November 21, 1989, in accordance with section 319 of the federal water quality act of 1987 and any federally approved amendments to the program adopted in accordance with section 6217 of the coastal zone act reauthorization amendments of 1990.

(P) "Private floating dock or structure" means a dock or structure placed in the territory of lake Erie for the sole use of the upland owner for upland owner's personal benefit. Said structure or dock shall not be used for any monetary gain such as, but not limited to, dock space for rent, lease or sale.

(Q) "Public hearing" means a formal hearing conducted by the director, or designee, in which evidence may be presented and testimony given. These proceedings are recorded and an official transcript is made a part of the administrative record maintained by the department for the subject submerged lands lease application as provided for in division (C) of section 1506.11 of the Revised Code.

(R) "Public meeting" means an assembly conducted by the department, the purpose of which is to provide an opportunity for a lease applicant to explain the developments, improvements and/or activities upon lake Erie submerged lands to concerned agencies and the general public and afford an opportunity for interested parties to express any relevant issues or concerns as provided for in division (C) of section 1506.11 of the Revised Code.

(S) "Semi-private facility" means any facility built in the territory in conjunction with, but not limited to, condominiums, trailer parks, cooperatives, residential associations, campgrounds, or apartments.

(T) "Small commercial facility" means any facility built in the territory in connection with the providing of commercial services and does not occupy more than four acres of total area. A small commercial facility shall include, but not be limited to, a commercial marina, private club, yacht club, sailing club, transit ferry boat facility, or breakwalls constructed to protect inland marina channels and/or boat basin for access to lake Erie.

(U) "State resource waters" means surface waters of the state that lie within national, state and metropolitan park systems, wetlands, wildlife refuges, waters of exceptional recreational or ecological significance, and as otherwise described in state water quality standards, rule 3745-1-05 of the Administrative Code.

(V) "Structure" means any facility which requires fill being placed upon the submerged land of lake Erie, including, but not limited to, a rubble mound dock, rubble mound walk, rock filled timber crib dock, rock filled timber crib wall, pilings, steel sheet pile wall, revetment, unattached breakwall, precast concrete modular structure and riprap shore protection.

(W) "Territory" as used in these rules shall be as it is described in section 1506.10 and as it is defined in division (A) of section 1506.11 of the Revised Code. Where the territory has been artificially filled, the director shall determine the natural shoreline as accurately as possible, using the best practicable measures including, but not limited to, an analysis of the earliest known charts, maps or photographs.

(X) "Utility" shall mean any utility company regulated by; within the jurisdiction of; registered with, or licensed to do business in the state of Ohio by the public utilities commission of Ohio, that is engaged in an activity in the territory including, but not limited to, the placement of submerged cables, water intake pipes, water outfall pipes, sewer outfall pipes, storm sewer outfall pipes, and the related structures necessary for protection. This definition shall not include any existing fill or any proposed new fill used or proposed to be used for existing buildings, expansion of existing buildings, or any facilities related to the operation of the utility, including, but not limited to, electric power plants, coal storage facilities, coal loading and off loading facilities, or disposal sites for fly ash, bottom ash, dredged materials or other products.

History

Effective: July 4, 1999
Promulgated Under: Ch 119.

Ohio Adm.Code 3745-1-05

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-1-03 of the Administrative Code.]

(A) Definitions.

[Comment: The following definitions are in addition to the definitions contained in rule 3745-1-02 of the Administrative Code.]

(1) "Available pollutant assimilative capacity" means the water body pollutant assimilative capacity for a substance, as determined in paragraph (A)(28)(a) of this rule, minus the background pollutant load, or the quantity for a substance as calculated in paragraph (A)(28)(b) of this rule.

(2) "Background pollutant load" means the sum of all upstream pollutant loads of a regulated pollutant and has the same meaning as the background water quality as determined in accordance with paragraph (A)(3) of rule 3745-2-05 of the Administrative Code.

(3) "Best available demonstrated control technology" means a wastewater treatment capable of meeting the following effluent limitations or design criteria:

(a) For the discharge of sanitary wastewater from facilities using conventional treatment technologies, the effluent limitations in table 5-1 of this rule.

(b) For the discharge of sanitary wastewater from alternative treatment technologies such as lagoon systems, land application and controlled discharge systems, constructed wetland systems or combined sewer overflow control systems effluent limitations shall be developed on a case-by-case basis.

(c) For industrial direct discharges subject to federal effluent guidelines, the facility shall be designed to meet the most stringent of the new source performance standards, best conventional pollutant control technology, best available technology economically achievable and best practicable control technology currently available for the appropriate categorical guidelines of 40 C.F.R. 400 to 40 C.F.R. 471.

(d) For categorical industrial indirect dischargers, the facility shall be designed to meet categorical pretreatment standards for existing sources or categorical pretreatment standards for new sources as contained in Chapter 3745-3 of the Administrative Code.

(e) For non-categorical industrial direct or indirect discharges, effluent limitations will be developed based upon best engineering or professional judgment.

(f) For wastewater discharges resulting from clean-up of response action sites contaminated with volatile organic compounds, the facility shall include air-stripping, carbon columns, both, or equivalent treatment capable of achieving final thirty-day average effluent limits of five micrograms per liter or less for each individually regulated volatile organic compound.

(4) "Control document" means any authorization issued by a state or federal agency to any source of pollutants to waters under its jurisdiction that specifies conditions under which the source is allowed to operate.

(5) "Declining fish species" mean those species listed in table 5-2 of this rule. Declining fish species are native species that have declined in distribution across Ohio based on collection records since 1978 compared to historical distributions of fish species.

(6) "Designated uses" mean those uses assigned in this chapter for a water body or segment whether or not those uses are being attained. Specific designated uses are defined in rule 3745-1-07 of the Administrative Code.

(7) "Director" means the director of the Ohio environmental protection agency, or the director of the Ohio department of agriculture for projects or activities governed under Chapter 903. of the Revised Code.

(8) "Existing uses" mean those uses actually attained in the water body on or after November 28, 1975.

(9) "Existing source" means any treatment works or disposal system, and its associated treatment or production capacity that:

(a) Was built, operational and discharging prior to July 1, 1993.

(b) Was authorized by a permit to install or national pollutant discharge elimination system permit issued after July 1, 1993.

An individual or a collection of several household sewage treatment systems does not constitute an existing source.

(10) "High quality waters" mean all surface waters of the state except limited quality waters. Pursuant to division (A)(2) of section 6111.12 of the Revised Code, four categories of high quality waters are hereby recognized and described in this paragraph. Categorizations of specific water bodies shall follow the procedures in paragraph (E) of this rule.

(a) "General high quality waters" are wetlands categorized as category 2 or 3 in accordance with rule 3745-1-54 of the Administrative Code and other surface waters that are not specifically categorized limited quality waters, superior high quality waters, outstanding state waters, or outstanding national resource waters.

(b) "Superior high quality waters" are surface waters that possess exceptional ecological values and that have been so categorized pursuant to paragraph (E) of this rule. Except as provided in this rule, exceptional ecological values shall be assessed based upon a combination of the presence of threatened or endangered species and a high level of biological integrity. The following factors shall be considered in determining exceptional ecological value: providing habitat for Ohio or federal endangered species; providing habitat for Ohio threatened species; harboring stable populations of a declining fish species that coincide with the presence of suitable habitat for that species, or that coincide with an essential migration path between areas of suitable habitat for that species; and displaying a level of biological integrity equivalent to the exceptional warmwater habitat index of biotic integrity or invertebrate community index criteria values listed in rule 3745-1-07 of the Administrative Code.

Water bodies that exhibit a pattern of biological integrity equivalent to index of biotic integrity and, where applicable, invertebrate community index scores of fifty-six or greater at most sites are characteristic of a near-pristine aquatic habitat. Such waters, as well as other ecologically unique water bodies that have essentially undisturbed native faunas, but for which the biological criteria in rule 3745-1-07 of the Administrative Code do not apply, may be considered as possessing exceptional ecological values without the presence of threatened or endangered species.

(c) "Outstanding state waters" are waters that have special significance for the state because of their exceptional ecological values or exceptional recreational values, and that have been so categorized pursuant to paragraph (E) of this rule. To qualify on the basis of exceptional ecological values they must meet the qualifications for superior high quality waters and be further distinguished as being demonstratively among the best waters of the state from an ecological perspective. To qualify on the basis of exceptional recreational values they must provide outstanding or unique opportunities for recreational boating, fishing or other personal enjoyment.

(d) "Outstanding national resource waters" are surface waters that have a national ecological or recreational significance, and that have been so categorized pursuant to paragraph (E) of this rule. National ecological significance may include providing habitat for populations of federal endangered or threatened species or displaying some unique combination of biological characteristics in addition to those factors listed in paragraph (A)(10)(b) of this rule. National recreational significance may include designation in the national wild and scenic river system.

(11) "Land application and controlled discharge system" means an innovative technology for the treatment of sewage that balances land application of treated wastewater with controlled discharges of wastewater under conditions that minimize stress on the aquatic environment. The system shall be designed to allow a discharge during winter months and required land application of the wastewater during summer months.

(12) "Limited quality waters" mean wetlands categorized as category 1 in accordance with rule 3745-1-54 of the Administrative Code and other surface waters of the state specifically designated in rules 3745-1-08 to 3745-1-30 of the Administrative Code as limited resource water, nuisance prevention, limited warmwater habitat, or modified warmwater habitat.

(13) "Mass discharge limit" means for an existing source:

(a) The average thirty-day mass limit specified in the national pollutant discharge elimination system permit.

(b) The product of the average concentration limit specified in the permit and the permitted discharge flow, if no average mass limit is specified.

(c) The product of an average concentration value derived from the maximum concentration limit specified in the permit using derivation methods established in the total maximum daily load procedures and the permitted discharge flow, if no average concentration or mass limit is specified.

(14) "Minimal degradation alternative" means an alternative, other than the applicant's preferred alternative, including pollution prevention alternatives, that would result in a lesser lowering of water quality.

(15) "Mitigative technique alternative" means an alternative, other than the applicant's preferred alternative, or other on-site or off-site control measures designed to offset all or part of the lowering of water quality, preferably within the same watershed.

(16) "Modification of a facility" means:

(a) The addition of new wastewater or sources of pollutants to an existing source, including the addition of new industrial users.

(b) Any other physical change at the facility from which the discharge is generated that increases the capacity of that facility to discharge a pollutant or results in the discharge of a pollutant not previously discharged, excluding the following:

(i) Routine repair, maintenance and replacement of existing equipment.

(ii) Increases in hours or rates of operation and the use of alternative fuels or raw materials that can be implemented without any physical changes to the facility.

(iii) Physical changes designed to restore previously existing production or treatment capacity.

An expansion of the wastewater treatment system is not considered a modification of the facility.

(17) "Net increase" means:

(a) For a new source, any level of a regulated pollutant discharged to waters of the state as a result of the activity subject to this rule.

(b) For an existing source:

(i) The amount by which the sum of the following exceeds zero:

(a) The increase in the mass discharge limit attributable to the activity subject to this rule.

(b) All other contemporaneous increases or decreases attributable to other pollutant sources affecting the surface water segments under consideration and which are stipulated as a condition of the applicant's permit and which shall occur during the term of the applicant's permit.

(ii) For heat, bacteria and any other regulated pollutant which, though not measurable as a mass level is nonetheless susceptible to determinations of net increase, the amount by which the sum of the following exceeds zero:

(a) The increase in an authorized discharge level attributable to the activity subject to this rule.

(18) "New source" means any treatment works or disposal system other than an existing source, excluding new domestic sewage sources and industrial users tributary to a publicly owned treatment works. A new treatment works built to serve a home or homes with individual systems is considered a new source.

(19) "Non-degradation alternative" means an alternative, other than the applicant's preferred alternative, including pollution prevention alternatives, that would result in the elimination of the need to lower water quality.

(20) "Permit modification" means an application filed by the permit holder pursuant to paragraph (D) of rule 3745-33-04 of the Administrative Code.

(21) "Permitted discharge flow" means the discharge flow specified in the national pollutant discharge elimination system permit, or permit to install application if not specified in a national pollutant discharge elimination system permit, and shall be representative of the typical wastewater flow to be discharged by a facility when the wastewater facility is operating at full capacity, and considering, where applicable, discharge flows during wet weather events.

(22) "Pollution prevention alternative" means the use of source reduction techniques in order to reduce risk to public health, safety, welfare and the environment and, as a second preference, the use of environmentally sound recycling to achieve these same goals. Pollution prevention avoids cross-media transfers of waste or pollutants and is multi-media in scope; it addresses all types of waste and environmental releases to the air, water and land.

(23) "Regulated pollutant" means any parameter for which water quality criteria have been adopted in, or developed pursuant to, Chapter 3745-1 of the Administrative Code with the exception of biological criteria, and any other parameter that may be limited in a national pollutant discharge elimination system permit as a result of new source performance standards, best conventional pollutant control technology, best available technology economically achievable or best practicable control technology currently available for the appropriate categorical guidelines of 40 C.F.R. 400 to 40 C.F.R. 471. For the purposes of this rule, pH and dissolved oxygen are not considered "regulated pollutants."

(24) "Remaining available pollutant assimilative capacity" means the available pollutant assimilative capacity for a substance minus the load already allocated to existing national pollutant discharge elimination system permits for dischargers in the water body segment receiving the allocation. This term is not used in the application of antidegradation for lake Erie.

(25) "State resource water" is a designation of high quality waters that is being replaced by the categories of high quality waters described in paragraph (A)(10) of this rule. All water body segments currently designated state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code are categorized in this rule as general high quality waters, unless they are specifically listed in tables 5-4 to 5-7 of this rule. Waters designated state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code are subject to the considerations of paragraph (C)(5)(d) of this rule.

(26) "Threatened species" mean those species listed in table 5-3 of this rule. A threatened species is an indigenous species whose survival in Ohio is not in immediate jeopardy, but to which a threat exists. Continued or increased stress will result in its becoming endangered.

(27) "Total maximum daily load procedures" mean the procedures for calculating wasteload allocations adopted in Chapter 3745-2 of the Administrative Code.

(28) "Water body pollutant assimilative capacity" means the total maximum allowable load of a substance for a specific water body segment and is calculated as:

(a) For a stream, the water quality criteria for a substance multiplied by the total applicable flow at the end of the segment being studied. The applicable flow is determined using the total maximum daily load procedures.

(b) For a lake, a value equal to the permitted discharge flow times Y, where Y equals eleven times the water quality criteria for a substance minus ten times the background concentration for the substance.

Water body pollutant assimilative capacity for a lake can also be determined by any alternative method which the director determines to be appropriate and consistent with the total maximum daily load procedures.

(B) Applicability; responsibilities of the applicant.

Except as provided in paragraphs (B)(2), (D) and (F) of this rule, projects or activities covered under paragraph (B)(1) of this rule shall be subject to an antidegradation review described in paragraph (C) of this rule.

(1) This rule shall apply to the following:

(a) For existing sources, any re-issuance or modification of a national pollutant discharge elimination system permit that, if approved, would result in:

(i) Any net increase of a regulated pollutant.

(ii) If the national pollutant discharge elimination system permit specifies no limit for the pollutant, then the imposition of any effluent limit as a result of a modification of the facility.

(iii) Approval of combined sewer overflow long term control plans and incorporation of the appropriate conditions into an NPDES permit. Long term control plans shall address planned sewer connections and development tributary to the collection system.

(b) For new sources, any permit to install or national pollutant discharge elimination system permit application that, if approved, would result in a net increase in the discharge of any regulated pollutant. For these sources, if a national pollutant discharge elimination system permit application is submitted and approved under the provisions of this rule, a subsequent permit to install application proposing the selected alternative will not be subject to review under this rule.

(d) Any nonpoint source of pollution that results in a net increase in the release of any regulated pollutant, provided the director has separate authority to regulate the activity.

(e) Unless authorized by a section 404 permit and section 401 water quality certification or a state isolated wetland permit, any permit to install application reviewed pursuant to Chapter 6111. of the Revised Code that would authorize the placement of fill or the construction of any portion of a sewerage system in or near surface waters of the state, if the director determines that aquatic habitat alterations caused by the activity and associated construction disturbances would result in the loss of an existing or designated use as defined in this chapter.

(f) The transfer of all or a portion of the wastewater discharged by a treatment works to a different receiving water body, or to a different treatment works discharging to a different water body, unless the transfer is to a treatment works with capacity to accept the transferred wastewater within the terms of its existing national pollutant discharge elimination system permit. If a discharge is relocated on the same receiving water body within two miles of the original discharge then there is considered to be no net increase in the discharge.

(g) The issuance by the director of environmental protection, in accordance with Chapter 3745-38 of the Administrative Code, or by the director of agriculture, in accordance with Chapter 901:10-4 of the Administrative Code, of a general national pollutant discharge elimination system permit that would result in a net increase.

(h) Any state isolated wetland permit application submitted under section 6111.024 of the Revised Code.

(2) The activities, permits, applications, certifications or other circumstances described in this paragraph are exempt from all provisions of this rule.

(a) Any existing source discharging to waters of the state prior to July 1, 1993, or modifications of a facility made after July 1, 1993, that is not discharging under the terms of a national pollutant discharge elimination system permit. Only the portion of the flow that the existing source was capable of discharging as of July 1, 1993 shall not be subject to the rule provisions.

(b) Any existing source where the net increase is:

(i) The result of allowing a previously authorized or documented production or treatment capacity to be achieved.

(ii) The result of allowing a limit up to that authorized by the immediately preceding, effective national pollutant discharge elimination system permit, which is not the result of a modification of a facility.

(iii) If no limit was included in the immediately preceding national pollutant discharge elimination system permit and the pollutant was present or believed present in the discharge when the prior permit was issued, the inclusion of a limit for that pollutant provided there is no increase that is the result of a modification of a facility.

(c) Any permit to install application for a sanitary sewer line extension or a new or expanding industrial user upstream of combined sewer overflows in a community operating a combined sewer system if:

(i) The application conforms to the conditions related to approved long term development or planning documents associated with combined sewer overflow control measures incorporated into a national pollutant discharge elimination system permit as referenced in paragraph (B)(1)(a)(iii) of this rule.

(ii) It can be documented that subsequent overflows from the combined sewer system will only occur in situations where the wet weather flows within the sanitary sewers exceed six times the average dry weather flows within the sanitary sewers.

(iii) It can be documented that the combined sewers are and will continue to be operating at less than the original design dry weather capacity.

(iv) There is an approved and ongoing flow or pollutant offset or infiltration and inflow reduction program for the collection system.

(d) Any notice of intent filed with the director of environmental protection requesting coverage under a general national pollutant discharge elimination system permit issued in accordance with Chapter 3745-38 of the Administrative Code or notice of intent filed with the director of agriculture requesting coverage under a general national pollutant discharge elimination system permit issued in accordance with Chapter 901:10-4 of the Administrative Code.

(e) Any discharge that, as the result of the addition of heat associated with the process or wastewater treatment system, increases the ambient temperature of the receiving water body by less than one degree Fahrenheit or is otherwise covered by the provisions of a section 316(a) variance.

(f) The initial inclusion of whole effluent toxicity limitations in any national pollutant discharge elimination system permit or other control document, if there has been no change in discharge since July 1, 1993.

(g) The addition or expansion of an industrial user to a publicly owned treatment works (POTW) collection system that does not trigger a permit limit for the POTW. Local limits shall be established for the POTW pretreatment program, or equivalent, utilizing a ten per cent safety factor when performing the evaluation related to effluent limitations to protect water quality standards.

(h) The addition of domestic sewage sources to the POTW within the design capacity of the POTW.

(i) A national pollutant discharge elimination system permit associated with a coal remining site where no individual section 401 water quality certification is required for the remining operation and where the director determines that the proposed discharge meets the criteria for modified effluent limits for a pollution abatement area as that term is defined under 40 C.F.R. 434.70.

(3) Except as provided in paragraphs (B)(2), (B)(4), (D) and (F) of this rule, the applicant covered by paragraph (B)(1) of this rule must submit documentation of the following:

(a) Identification of the substances to be discharged, including the amount of regulated pollutants to be discharged in terms of mass and concentration, and, if paragraph (B)(1)(c) of this rule applies, the amount of dredged and fill material to be discharged.

(b) A description of any construction work, fill or other structures to occur or be placed in or near the stream bed.

(c) A description and schematic of the applicant's preferred alternative for design and operation, including appropriate cost estimates, of the activity.

(d) Description and analyses, including availability, cost effectiveness and technical feasibility, of the utilization of central or regional treatment facilities rather than creating a new point source discharge. This analysis shall include an evaluation of long-range plans outlined in state or local water quality management planning documents and applicable facility planning documents.

(e) Descriptions, schematics and analyses of non-degradation alternatives, minimal degradation alternatives and mitigative technique alternatives for the design and operation, including appropriate cost estimates, of the activity that the applicant has considered.

(f) An estimate of the important social, economic and environmental benefits to be realized through the project or activity if the water quality is lowered, including, as appropriate, the number and types of jobs created and the tax revenues generated.

(g) An estimate of important social, economic and environmental benefits to be lost if water quality is lowered, such as lost or lowered recreational opportunities.

(h) To the extent that such information is known to those in the local community or is otherwise public, a listing and description of all government or privately sponsored conservation projects that have specifically targeted improved water quality or enhanced recreational opportunities on the water body affected by the activity.

(4) Applications for section 401 water quality certifications are exempt from paragraph (B)(3) of this rule. Required submissions shall be determined in accordance with section 6111.30 of the Revised Code, Chapter 3745-32 of the Administrative Code and rules 3745-1-50 to 3745-1-54 of the Administrative Code.

(1) Protection of water body uses.

Existing uses, which are determined using the use designations defined in rule 3745-1-07 of the Administrative Code, and the level of water quality necessary to protect existing uses, shall be maintained and protected. There may be no degradation of water quality that results in either a violation of the applicable water quality criteria for the designated uses, unless authorized by a water quality standard variance issued in accordance with rule 3745-1-38 of the Administrative Code, or the elimination or substantial impairment of existing uses. The director shall, pursuant to paragraph (C) of rule 3745-1-07 of the Administrative Code, prohibit increased concentrations of specific regulated pollutants that are incompatible with the attainment or restoration of the designated use. Existing wetland uses, as defined in rule 3745-1-53 of the Administrative Code, shall be maintained and protected in accordance with rules 3745-1-50 to 3745-1-54 of the Administrative Code.

(2) Required treatment technology, nonpoint source controls.

Except as provided in paragraph (D)(2) of this rule, any net increase in the discharge of a specific regulated pollutant resulting from a modification or new source shall, as a minimum, be controlled through best available demonstrated control technology relative to the specific regulated pollutant. More stringent treatment may be required pursuant to paragraph (C)(8) of this rule, or if needed to meet water quality standards. Feasible management or regulatory programs pursuant to sections 208, 303 and 319 of the act shall be applied to nonpoint sources.

(3) Public involvement.

Except as provided in paragraphs (B)(2) and (D) of this rule, the director shall provide for public participation and intergovernmental coordination prior to taking action on all activities covered by paragraph (B)(1) of this rule using the provisions of this paragraph.

(a) In accordance with Chapter 3745-49 of the Administrative Code, the director shall publish a public notice within thirty days regarding receipt of any permit application or state isolated wetland permit application covered by paragraph (B)(1) of this rule. The purpose of such notice shall be to allow for inspection and review of the application, to indicate that the project is subject to the provisions of this rule and whether any of the exclusions or waivers described in paragraph (D) of this rule apply, to instruct people to contact the director within thirty days if they want to be on the interested parties mailing list for that application, and, on general high quality waters and limited quality waters, to determine whether there is interest in having a public hearing. Public notice for section 401 water quality certification applications shall be published pursuant to the requirements in section 6111.30 of the Revised Code.

Notices shall be sent by first class mail to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.

(b) The director shall develop an informational fact sheet for each permit or activity for which a public notice is issued in accordance with paragraph (C)(3)(a) of this rule, excluding section 401 water quality certification and state isolated wetland permit activities, within thirty days of receipt of the application. The purpose of such fact sheet shall be to: provide information to potentially affected parties; provide a description of the project; outline the review process and schedule; specify where the application or permits can be viewed; identify the water bodies potentially affected; instruct individuals how to request to be on the interested parties mailing list; provide an opportunity to request a public hearing pursuant to paragraph (C)(3)(f) of this rule; and advertise the date, time and location of a public hearing if one is scheduled pursuant to paragraph (C)(3)(e) of this rule. These fact sheets shall be sent by first class mail, or alternative means as requested, to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.

(c) All notices of public hearings required by paragraphs (C)(3)(e) and (C)(3)(f) of this rule shall be published once in a newspaper having general circulation in the county where the source, activity or facility is located. The notice shall be published at least forty-five days before the hearing. Notices of hearings shall also be sent by first class mail, or by alternative means as requested, to all persons on the mailing list created pursuant to paragraph (C)(3)(d) of this rule.

(d) The director shall develop and maintain a list of persons and organizations who have expressed an interest in or may, by the nature of their purposes, activities or members, be affected by or have an interest in antidegradation reviews. These persons and organizations may request that all fact sheets or public hearing public notices identified by this rule be forwarded to them by means other than first class mail (e.g., by electronic transmission).

(e) Within ninety days of receipt of the application, the director shall hold a public hearing for any permit application, section 401 water quality certification application or state isolated wetland permit application covered by paragraph (B)(1) of this rule whenever a water body categorized outstanding national resource water, outstanding state water, superior high quality water or category 3 wetland is affected. This public hearing shall be for the purpose of evaluating issues related to lower water quality and shall be prior to and separate from a public hearing on the proposed or draft action on the application. Section 401 water quality certifications impacting lake Erie or its shoreline are exempt from this requirement. Public hearings for section 401 water quality certifications impacting lake Erie or its shoreline will be held at the discretion of the director and according to the timelines contained in section 6111.30 of the Revised Code.

(f) For general high quality waters other than category 3 wetlands and for limited quality waters, the director shall hold a public hearing for any permit to install application, national pollutant discharge elimination system permit application, section 401 water quality certification application or state isolated wetland permit application covered by paragraph (B)(1) of this rule whenever the director determines there is significant public interest. A public hearing shall be held for the issuance of any draft general national pollutant discharge elimination system permit.

The director shall hold public hearings relative to issues of lower water quality as a concurrent hearing at the time of the draft or proposed action. However, if the application is not covered by paragraph (D) of this rule, the director may choose to hold a public hearing preceding the draft or proposed action if, at the director's discretion, the project is considered to be controversial or complex. For section 401 water quality certification applications and state isolated wetland permit applications, the public hearing shall precede any action of the director.

(g) A public notice of the director's proposed or draft action regarding the activity and its potential to lower water quality shall be published following the procedures in Chapter 3745-49 of the Administrative Code. The director shall provide notification by first class mail, or alternative means as requested, to all interested parties identified through the procedures in paragraph (C)(3) of this rule. Additional procedures are described in paragraph (C)(8) of this rule.

(h) The director shall notify the Ohio department of natural resources, the United States fish and wildlife service, the United States environmental protection agency and any affected local areawide planning agencies of all proposed activities that may lower water quality. In addition, for activities covered under paragraph (B)(1)(a), (B)(1)(b) or (B)(1)(f) of this rule, the director shall notify the Ohio department of development and any affected local governmental units. The director or the other agencies may initiate additional intergovernmental coordination.

(4) Outstanding national resource waters:

The director shall impose the following requirements on all activities covered by paragraph (B)(1) of this rule that discharge to outstanding national resource waters, or that discharge upstream of outstanding national resource waters.

(a) Present ambient water quality in outstanding national resource waters shall not be degraded for any substance.

(b) The director may re-issue permits for any source discharging to an outstanding national resource water if the source had a national pollutant discharge elimination system permit at the time the water body was categorized an outstanding national resource water as described in paragraph (E) of this rule, provided there is no increase in the permitted discharge concentrations or loads.

(c) New sources may not discharge directly to outstanding national resource waters, and may not discharge at points located upstream from outstanding national resource waters unless it can be demonstrated by the applicant that the chemical and biological quality of the outstanding national resource water will not be adversely affected.

(d) Notwithstanding the provisions stated in paragraphs (C)(4)(a) and (C)(4)(e) of this rule, activities that result in short-term changes in water quality in outstanding national resource waters may be allowed if the director determines there will be no long-term detrimental impact. Activities resulting in short-term impacts on outstanding national resource waters will be subject to a review of non-degradation alternatives, minimal degradation alternatives, mitigative technique alternatives, economic and social benefits, public participation and intergovernmental coordination. For section 401 water quality certifications for outstanding national resource waters, demonstration of avoidance, minimization and mitigation of impacts shall serve as the applicant's non-degradation, minimal degradation and mitigative technique alternatives analysis as required in paragraph (B) of rule 3745-32-03 of the Administrative Code.

(e) Notwithstanding the provisions stated in paragraphs (C)(4)(a) and (C)(4)(d) of this rule discharges of dredged and fill material to outstanding national resource waters that are wetlands, and are owned and managed solely for natural area preservation, public recreation, education or scientific purposes, may be authorized provided the discharges and associated activities result in only a short-term disturbance to water quality and will not adversely affect the ecological quality of the wetland or other surface waters. Authorized discharges and associated activities include boardwalk construction, repair and maintenance of dikes and other hydrological controls, and removal of non-native and invasive plant species. For these discharges and associated activities the director may waive the need for the review outlined in paragraph (C)(4)(d) of this rule.

(5) Other waters.

For waters other than outstanding national resource waters and limited quality waters, the director shall impose the following requirements on all activities covered by paragraph (B)(1) of this rule, except that for section 401 water quality certifications and state isolated wetland permits pursuant to section 6111.024 of the Revised Code for high quality waters that are wetlands, the director shall impose the requirements specified in rules 3745-1-50 to 3745-1-54 of the Administrative Code in lieu of paragraphs (C)(5) and (C)(8) of this rule. In addition, the director may apply the items in paragraphs (C)(5)(a) to (C)(5)(f) and (C)(5)(k) to (C)(5)(m) of this rule, may consider cumulative impacts as defined in paragraph (I) of rule 3745-1-50 of the Administrative Code, and shall consider whether the wetland is scarce regionally or statewide and the feasibility of replacing that wetland type, in making a decision whether to allow the lowering of water quality. For section 401 water quality certifications for high quality waters, other than wetlands, demonstration of avoidance, minimization and mitigation of impacts shall serve as the applicant's non-degradation, minimal degradation and mitigative technique alternatives analysis as required in paragraph (B) of rule 3745-32-03 of the Administrative Code.

The director may approve activities that lower water quality only if there has been an examination of non-degradation, minimal degradation and mitigative technique alternatives, a review of the social and economic issues related to the activity, a public participation process and appropriate intergovernmental coordination, and the director determines that the lower water quality is necessary to accommodate important social or economic development in the area in which the water body is located.

The director may require the applicant to implement a non-degradation alternative, a minimal degradation alternative or a mitigative technique alternative to offset all or part of the proposed lowering of water quality, if the director determines that the alternative is technically feasible and economically justifiable. Any lowering of water quality shall not exceed the limitations specified in paragraph (C)(6) of this rule.

When making determinations regarding proposed activities that lower water quality the director shall consider the following:

(a) The magnitude of the proposed lowering of water quality.

(b) The anticipated impact of the proposed lowering of water quality on aquatic life and wildlife, including threatened and endangered species, important commercial or recreational sport fish species, other individual species and the overall aquatic community structure and function.

(c) The anticipated impact of the proposed lowering of water quality on human health and the overall quality and value of the water resource.

(d) The degree to which water quality may be lowered in waters located within national, state or local parks, preserves or wildlife areas, waters listed as state resource waters in rules 3745-1-08 to 3745-1-30 of the Administrative Code, or waters categorized outstanding national resource waters, outstanding state waters or superior high quality waters.

(e) The effects of lower water quality on the economic value of the water body for recreation, tourism and other commercial activities, aesthetics, or other use and enjoyment by humans.

(f) The extent to which the resources or characteristics adversely impacted by the lowered water quality are unique or rare within the locality or state.

(g) The cost of the water pollution controls associated with the proposed activity.

(h) The cost effectiveness and technical feasibility of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives and the effluent reduction benefits and water quality benefits associated with such alternatives.

(i) The availability, cost effectiveness, and technical feasibility of central or regional sewage collection and treatment facilities, including long-range plans outlined in state or local water quality management planning documents and applicable facility planning documents.

(j) The availability, reliability and cost effectiveness of any non-degradation alternative, minimal degradation alternative or mitigative technique alternative.

(k) The reliability of the preferred alternative including, but not limited to, the possibility of recurring operational and maintenance difficulties that would lead to increased degradation.

(l) The condition of the local economy, the number and types of new direct and indirect jobs to be created, state and local tax revenue to be generated, and other economic and social factors as the director deems appropriate.

(m) Any other information regarding the proposed activities and the affected water body that the director deems appropriate.

(6) Set asides to limit lower water quality.

In addition to the other provisions of paragraph (C) of this rule, the director shall not allow water quality to be lowered by more than as specified in this paragraph when acting on applications or activities covered by paragraph (B)(1) of this rule.

(a) For outstanding state waters, the director shall reserve seventy per cent of the remaining available pollutant assimilative capacity for all regulated pollutants for which water quality criteria have been adopted in or developed pursuant to this chapter. Except as provided in paragraph (C)(7) of this rule, the reserved portion shall not be allocated to any source unless, and to the extent that, the source demonstrates that a smaller reserve will adequately protect resident or representative species. The requirements of this paragraph shall not apply to any water body categorized as outstanding state water solely because of its exceptional recreational value.

(b) For lake Erie, new and existing sources shall be limited to the water body pollutant assimilative capacity as defined in paragraph (A)(28)(b) of this rule.

(c) For superior high quality waters, other than lake Erie and those waters covered by paragraph (C)(6)(e) of this rule, the director shall reserve thirty-five per cent of the remaining available pollutant assimilative capacity for all regulated pollutants for which water quality criteria have been established in this chapter. Except as provided in paragraph (C)(7) of this rule, the reserved portion shall not be allocated to any source unless, and to the extent that, the source demonstrates that a smaller reserve will adequately protect resident or representative species. The director may reserve a higher percentage of the remaining available pollutant assimilative capacity if there is scientific evidence that strongly suggests that resident or representative species are more sensitive to a pollutant or class of pollutants and may be inadequately protected using the applicable water quality criteria and the standard set aside provision. The higher set aside shall be established for specific pollutants or classes of pollutants through rule making pursuant to paragraph (E) of this rule.

(d) For general high quality waters and limited quality waters, water quality may not be lower than the applicable water quality criteria for the water body, unless authorized by a water quality standard variance issued in accordance with appropriate rules.

(e) For outstanding state waters so categorized because of exceptional recreational value the director shall:

(i) Evaluate, or cause the applicant to evaluate, the impact of the project on bacteriological contamination for any project covered under paragraph (B)(1) of this rule. No permit shall be granted if the director finds that the project or discharge will result in a significant long term increase in the frequency and duration of bacteriological pollution.

(ii) Review all permit actions, covered under paragraph (B)(1) of this rule, to minimize the introduction of pollutants or floating debris and materials which may affect the aesthetic quality of the receiving waters.

(7) Credit projects.

An applicant for a project covered under paragraph (B)(1) of this rule may request that the director approve a credit project in lieu of the set asides described in paragraphs (C)(6)(a) and (C)(6)(c) of this rule. In order for a credit project to be considered for approval, the proposal must:

(a) Occur in the same water body where the proposed lowering of water quality is to take place.

(b) Not necessarily offset the proposed pollutant load being pursued, but address an existing or potential threat to the water body. This may include providing for water body enhancement or restoration activities.

If the director determines to approve a credit project in lieu of the set asides described in paragraphs (C)(6)(a) and (C)(6)(c) of this rule, the director may include, at the director's discretion, an alternative lower set aside to accompany the credit project. A lower set aside must be established through rule making and incorporated into tables established in paragraph (E) of this rule.

(8) Procedures.

(a) The director shall assess each proposed activity covered by paragraph (B)(1) or (F) of this rule on a case-by-case basis. For each proposed activity, the director shall weigh the information acquired relative to the proposal, that was submitted by the applicant or otherwise obtained by the director, and all comments presented during the public review period, including intergovernmental comments, and make a determination to:

(i) Allow the applicant's preferred alternative with appropriate conditions, if applicable, and the lower water quality as proposed because it has been determined that a discharge or the activity is necessary.

(ii) Deny the applicant's preferred alternative as proposed.

(iii) Require a cost beneficial, technically feasible or available non-degradation, minimal degradation or mitigative technique alternative that would result in no or a lesser lowering of water quality.

(b) Any action of the director issuing a permit to install or a national pollutant discharge elimination system permit covered under paragraph (B)(1) or (F) of this rule shall be preceded by a draft action and shall be issued in accordance with Chapter 3745-49 of the Administrative Code.

(c) Any action of the director denying a permit to install or a national pollutant discharge elimination system permit covered under paragraph (B)(1) or (F) of this rule shall be preceded by a proposed action and shall be issued in accordance with Chapter 3745-49 of the Administrative Code.

(d) Any action of the director on a section 401 water quality certification covered under paragraph (B)(1) or (F) of this rule shall be taken in accordance with Chapters 3745-32 and 3745-49 of the Administrative Code.

(e) Any action of the director on a state isolated wetland permit application submitted pursuant to section 6111.024 of the Revised Code and covered under paragraph (B)(1) or (F) of this rule shall be taken in accordance with Chapter 3745-49 of the Administrative Code.

(D) Exclusions and waivers.

The exclusions and waivers described in paragraphs (D)(1)(a), (D)(1)(b), (D)(1)(d), (D)(1)(e) and (D)(3) of this rule do not apply to bioaccumulative chemicals of concern within the lake Erie basin.

(1) The following situations are excluded from the submittal and review requirements listed in paragraphs (B)(3)(e) to (B)(3)(h) and (C)(5) of this rule. In determining the applicability of any of the following exclusions, the evaluation shall not only consider potential effects or impacts to the receiving waters, but also to any subsequent waters potentially affected by the discharge or activity.

(a) Any source discharging to limited quality waters.

(b) Any de minimis net increase determined using the following criteria. For the discharge of primarily sanitary wastewaters, only ammonia-nitrogen will be evaluated to determine the applicability of the appropriate exclusion.

(i) For general high quality waters, any net increase in the discharge of a regulated pollutant that is less than ten per cent of the wasteload allocation to maintain water quality standards calculated using total maximum daily load procedures, provided the proposed lowering of water quality does not exceed eighty per cent of the wasteload allocation to maintain water quality standards calculated using total maximum daily load procedures.

(ii) For superior high quality waters, other than lake Erie, and outstanding state waters any net increase in the discharge of a regulated pollutant that results in less than a five per cent change in the ambient water quality concentration of the receiving water as projected to occur using total maximum daily load procedures, provided the proposed lowering of water quality does not exceed the portion of the remaining available assimilative capacity specified by the director pursuant to paragraphs (C)(6)(a) or (C)(6)(c) and (E) of this rule.

(iii) For lake Erie any net increase in the discharge of a regulated pollutant that is less than ten per cent of the water body pollutant assimilative capacity.

(c) Combined sewer overflow elimination or reduction projects affecting one or more water bodies where there will be a net decrease in the overall pollutant loadings discharged to surface waters of the state. Treatment byproducts of combined sewer overflow discharges (e.g., chlorine for disinfection) shall be excluded from review.

(d) Any disposal system built and operated exclusively for the treatment of contaminated ground water at response action clean-up sites.

(e) Any disposal system built and operated as a land application and controlled discharge system as defined in paragraph (A)(11) of this rule.

(f) Any net increase in the discharge of a regulated pollutant resulting from a change in fuel used by the discharger, provided the discharger was capable of accommodating the new fuel on the effective date of this rule.

(g) Any imposition of mercury effluent limitations in an NPDES permit for an existing source where the mercury limitations are based on a variance pursuant to paragraph (J) of rule 3745-1-38 of the Administrative Code.

(h) Any discharge of the following regulated pollutants within the range indicated:

(i) Total suspended solids at or below sixty-five mg/l.

(ii) Oil and grease at or below ten mg/l.

(i) Any discharge that, as the result of the addition of heat associated with the process or wastewater treatment system, increases the ambient temperature of the receiving stream greater than or equal to one degree Fahrenheit, as calculated using total maximum daily load procedures, up to that allowed through water quality standards.

(j) Any general permit developed by the director in accordance with the provisions of Chapter 3745-38 of the Administrative Code.

(2) The director may waive the requirement to install best available demonstrated control technology for new sources discharging sanitary wastewater if:

(a) The modification, new source or national pollutant discharge elimination system application is for a project designed exclusively to restore, maintain or ensure design capacity and associated pollutant discharge levels already authorized in an effective national pollutant discharge elimination system permit.

(b) The modification, new source or national pollutant discharge elimination system application is the direct and sole result of a proposed transfer of pollutant loading from an existing direct discharge of pollution to waters of the state, and the director has determined that the transfer will result in overall environmental improvement. The director's determination on this matter shall be based upon the antidegradation review process specified in paragraph (C) of this rule, unless otherwise excluded from such review pursuant to paragraph (D) of this rule.

(3) The director may waive the submittal and review requirements listed in paragraphs (B)(3)(f) to (B)(3)(h) and (C)(5) of this rule if it is determined that:

(a) The proposed net increase in the discharge of a regulated pollutant does not result in an increase in the ambient water quality concentration of the receiving water after mixing as projected to occur under the total maximum daily load procedures.

(b) Any proposed net increase in the discharge of nutrients (such as, but not limited to, phosphorus and nitrogen) or toxic substances complies with all applicable water quality standards and will not threaten environmentally sensitive areas such as downstream lakes, reservoirs, wetlands, exceptional warmwater habitats, coldwater habitats, outstanding national resource waters, outstanding state waters, or superior high quality waters.

(c) The requirements of paragraphs (B)(3)(d) and (B)(3)(e) of this rule have been met and the director determines that none of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives for the design and operation of the activity are technically feasible and economically justifiable.

(4) Nothing in this rule shall prohibit the director from approving activities that lower water quality on a temporary basis whenever the director determines that an emergency exists requiring immediate action to protect public health and welfare. The director shall issue any such approval in accordance with division (C) of section 6111.06 of the Revised Code and rule 3745-47-19 of the Administrative Code.

(5) The director may waive the submittal and review requirements listed in paragraphs (B)(3)(f) to (B)(3)(h) and (C)(5) of this rule if the applicant is seeking a revised water quality based effluent limit based upon the results of either a site specific study of the water quality criteria or a change in the water quality criteria found in this chapter and the applicant demonstrates that the facility has not complied with the existing water quality based permit limit. The following conditions must be met for this waiver to apply:

(a) Any proposed net increase in the discharge of regulated pollutants complies with all applicable water quality standards and will not threaten environmentally sensitive areas such as downstream lakes, reservoirs, wetlands, exceptional warmwater habitats, coldwater habitats, outstanding national resource waters, outstanding state waters, or superior high quality waters.

(b) The requirements of paragraphs (B)(3)(d) and (B)(3)(e) of this rule have been met and the director determines that none of the non-degradation alternatives, minimal degradation alternatives or mitigative technique alternatives for the design and operation of the activity are technically feasible and economically justifiable.

(E) Categorization of waters; site-specific revisions:

(1) All surface waters are categorized as general high quality waters except as follows.

(a) Lake Erie is categorized as a superior high quality water.

(b) All surface waters of the state meeting the definition of limited quality waters are so categorized, unless the water body is the source of drinking water for a public water supply, in which case it shall be considered a general high quality water for the purposes of this rule.

(c) The water bodies listed in table 5-4 of this rule are categorized superior high quality waters. The reserved set aside percentage established pursuant to paragraph (C)(6)(c) of this rule is thirty-five per cent unless indicated otherwise in table 5-4 of this rule.

(d) The water bodies listed in table 5-5 of this rule are categorized outstanding state waters due to exceptional ecological values. The reserved set aside percentage established pursuant to paragraph (C)(6)(a) of this rule is seventy per cent of the remaining available pollutant assimilative capacity.

(e) The water bodies listed in table 5-6 of this rule are categorized outstanding state waters due to exceptional recreational values. The provisions of paragraph (C)(6)(e) of this rule apply.

(f) The water bodies listed in table 5-7 of this rule are categorized outstanding national resource waters.

(2) At least once every three years, the director, in consultation with the director of the department of natural resources, shall consider available information on water bodies in Ohio and determine appropriate high quality water categorizations. Each determination shall consider attributes of exceptional recreational or ecological value, the national significance of the water body, and other existing and planned uses of the water body. If the director identifies any waters not properly categorized, the director shall public notice the director's intent to categorize them to the appropriate category upon consideration of public comment. The director shall categorize outstanding national resource waters, outstanding state waters and superior high quality waters in tables 5-4 to 5-7 of this rule.

(3) A person adversely affected by the high quality water categorization of a water body pursuant to paragraph (E)(1) or (E)(2) of this rule may petition the director to revise that categorization. Any such petition shall detail the basis for the petition and contain, at a minimum, new relevant and factual information, or relevant and factual information not previously available to the director at the time of the categorization described in paragraph (E)(1) or (E)(2) of this rule. The petition must contain sufficient information, or such additional information as the director may request, to justify a decision by the director to either revise or retain the categorization under paragraph (E)(1) or (E)(2) of this rule. Within three months of receiving a petition containing complete and adequate information, or within such longer time as the director and the petitioner may agree, the director shall either approve or propose to deny the petition in accordance with Chapter 119. of the Revised Code. The director shall subsequently make appropriate revisions to the high quality water categorization of the water body in tables 5-4 to 5-7 of this rule, as appropriate, in accordance with Chapter 119. of the Revised Code.

(4) Petitions for revision to set asides.

(a) Any person who is or may be adversely affected by a set aside percentage established pursuant to paragraph (C)(6)(a) or (C)(6)(c) of this rule may petition the director to revise that set aside percentage. Any such petition shall detail the basis for the petition and contain sufficient information, or such additional information as the director may request, to justify a decision by the director to either retain the set aside percentage, remove the set aside percentage or establish site specific set asides for one or more pollutants.

(b) If the director concludes, based on the information presented in the petition and such other relevant scientific information as is available to the director, that the existing set aside is more or less stringent than necessary to preserve the attributes that justified designation of the water body as an outstanding state water or superior high quality water, the director shall establish a revised, site-specific set aside for that or those pollutants. The revised site-specific set aside for each pollutant shall be set at the percentage of the remaining available pollutants' assimilative capacity that the director concludes, based on the available scientific evidence, must be preserved to adequately protect the attributes that justified designation of the water body as an outstanding state water or superior high quality water.

(c) Within three months of receiving a petition containing complete and adequate information, or within such longer time as the director and the petitioner may agree, the director shall either approve, approve with modifications or propose to deny the petition in accordance with Chapter 119. of the Revised Code. The director shall subsequently make appropriate revision to the high quality water categorization of the water body in tables 5-4 to 5-7 of this rule, as appropriate, in accordance with Chapter 119. of the Revised Code.

(F) Special provisions for bioaccumulative chemicals of concern in the lake Erie drainage basin.

The following special provisions are applicable to the discharge or release to the environment of any bioaccumulative chemical of concern in the lake Erie drainage basin. Unless otherwise noted, these requirements shall apply in addition to the provisions found in paragraphs (A) to (E) of this rule.

(1) In lieu of the requirements of paragraph (B)(1) of this rule, any significant lowering of water quality as described in paragraph (F)(2) of this rule shall require the applicant to submit the information required by paragraph (B)(3) of this rule and to complete the demonstration required by paragraph (F)(3) of this rule. The director shall establish conditions in the control document that meet the requirements of paragraph (F)(4) of this rule.

(2) Significant lowering of water quality.

(a) A significant lowering of water quality occurs when there is a new or increased loading of any bioaccumulative chemical of concern from any regulated existing or new facility, either point source or nonpoint source for which there is a control document or reviewable action, as a result of any activity including, but not limited to:

(i) Construction of a new regulated facility or modification of an existing regulated facility such that a new or modified control document is required.

(ii) Modification of an existing regulated facility operating under a current control document such that the production capacity of the facility is increased.

(iii) Addition of a new source of untreated or pretreated effluent containing or expected to contain any bioaccumulative chemical of concern to an existing wastewater treatment works, whether public or private.

(iv) A request for an increased limit in an applicable control document.

(v) Other deliberate activities that, based on the information available, could be reasonably expected to result in an increased loading of any bioaccumulative chemical of concern to any waters of the Great Lakes system.

(b) Notwithstanding the above, changes in loadings of any bioaccumulative chemical of concern within the existing capacity and processes that are covered by the existing applicable control document, are not subject to an antidegradation review. These changes include, but are not limited to:

(i) Normal operational variability including, but not limited to, intermittent increased loadings related to wet weather conditions.

(ii) Changes in intake water pollutants.

(iii) Increasing the production hours of the facility, (e.g., adding a second shift), provided production hours do not exceed those described in, or used to derive, the existing control document.

(iv) Increasing the rate of production, provided production rates do not exceed those described in, or used to derive, the existing control document.

(v) Discharges of quantities of a bioaccumulative chemical of concern in the intake water at a facility proposing a new or increased discharge, provided that the new or increased discharge is not expected to result in a net increase in the total load of the bioaccumulative chemical of concern in the receiving water body.

(vi) Increasing the sewered area, connection of new sewers and customers, or acceptance of trucked-in wastes such as septage and holding tank wastes by a POTW unless, for a bioaccumulative chemical of concern, there is increased loading due to the collection of wastewater from a significant industrial user and, based on the industry's raw materials and processes, the wastewater is expected to have quantifiable concentrations of the bioaccumulative chemical of concern significantly above levels typically associated with domestic wastewater and non-industrial stormwater.

(vii) Increased discharge of a bioaccumulative chemical of concern due to implementation of controls on wet weather-related flows, including, but not limited to, combined sewer overflows and industrial stormwater.

(viii) Increased discharges of a bioaccumulative chemical of concern resulting from a change in fuel used by the discharger, provided that the discharger was capable of accommodating the new fuel on October 31, 1997.

(c) Also excluded from an antidegradation review are new effluent limits based on improved monitoring data or new water quality criteria or values that are not a result of changes in pollutant loading.

(d) Also excluded from the antidegradation submittal and review requirements listed in paragraphs (B)(3)(c) to (B)(3)(h) and (C)(5) of this rule is any imposition of mercury effluent limitations in an NPDES permit for an existing source, where the mercury effluent limitations are based on a variance pursuant to paragraph (D)(10) of rule 3745-1-38 of the Administrative Code.

(3) Antidegradation demonstration.

Any entity seeking to significantly lower water quality for a bioaccumulative chemical of concern, as defined in paragraph (F)(2) of this rule, in a limited quality water or high quality water must, in addition to the requirement in paragraph (B)(3) of this rule, submit an antidegradation demonstration for consideration by the director pursuant to the review requirements of this paragraph and paragraph (C) of this rule. The antidegradation demonstration shall include the following:

(a) Pollution prevention alternatives analysis. Identify any cost-effective pollution prevention alternatives and techniques that are available to the entity, that would eliminate or significantly reduce the loadings of bioaccumulative chemicals of concern.

(b) Alternative or enhanced treatment analysis. Identify alternative or enhanced treatment techniques that are available to the entity that would eliminate the lowering of water quality and their costs relative to the cost of treatment necessary to achieve applicable effluent limitations.

(4) For limited quality waters and high quality waters, the director shall ensure that no action resulting in a lowering of water quality occurs unless an antidegradation demonstration has been completed pursuant to paragraphs (B)(3) and (F)(3) of this rule and the information thus provided is determined by the director pursuant paragraph (C) of this rule to adequately support the lowering of water quality.

(a) The director shall establish conditions in the control document applicable to the regulated facility that prohibit the regulated facility from undertaking any deliberate action, such that there would be an increase in the rate of mass loading of any bioaccumulative chemical of concern, unless an antidegradation demonstration is provided to the director and approved pursuant to paragraph (C) of this rule prior to commencement of the action. Imposition of limits due to improved monitoring data or new water quality criteria or values, or changes in loadings of any bioaccumulative chemical of concern within the existing capacity and processes that are covered by the existing applicable control document, are not subject to an antidegradation review.

(b) For bioaccumulative chemicals of concern known or believed to be present in a discharge, from a point or nonpoint source, a monitoring requirement shall be included in the control document. The control document shall also include a provision requiring the source to notify the director of any increased loadings that would be subject to the provisions of the paragraph (F)(2) of this rule and which have not received approval from the director under the conditions specified in this rule. Upon notification, the director shall require actions as necessary to reduce or eliminate the increased loading if the increase is subject to the provisions of the paragraph (F)(2) of this rule. Requirements to reduce or eliminate the increased loading imposed by the director pursuant to this paragraph shall apply unless or until the director approves the increased loadings under the provisions specified in this rule.

(c) Fact sheets prepared pursuant to 40 C.F.R. 124.8 and 124.56 shall reflect any conditions developed under paragraph (F) of this rule and included in a permit.

Table 5-1. Best available demonstrated control technology for new sources discharging sanitary wastewater.

Parameter	Thirty-day Limit	Daily or Seven-day Limit	Maximum/Minimum Limit

CBOD5	10 mg/l	15 mg/l	n/a
Total suspended solids	12 mg/l	18 mg/l	n/a
Ammonia
(Summer)	1.0 mg/l	1.5 mg/l	n/a
(Winter)	3.0 mg/l	4.5 mg/l
Dissolved oxygen	n/a	n/a	6.0 mg/l (minimum)
Total residual chlorine	n/a	n/a	0.038 mg/l (maximum)
E. coli*	126 / 100 ml	235 / 100 ml	n/a
* E. coli is to be considered a design standard only. Effluent limitations will not be incorporated into a control document based solely on this table.

Table 5-2. Declining fish species.

Common name	Latin name	Comment

Bigeye chub	Notropis amblops
Bigeye shiner	Notropis boops
Blacknose shiner	Notropis heterolepis
Bluebreast darter	Etheostoma camurum
Brindled madtom	Noturus miurus
Brook trout	Salvelinus fontinalis	Natives only
Creek chubsucker	Erimyzon oblongus
Eastern sand darter	Ammocrypta pellucida
Goldeye	Hiodon alosoides
Hornyhead chub	Nocomis biguttatus
Lake chubsucker	Erimyzon sucetta
Least brook lamprey	Lampetra aepyptera
Least darter	Etheostoma microperca
Mimic shiner	Notropis volucellus
Mooneye	Hiodon tergisus	Lake Erie drainage basin
Mountain madtom	Noturus eleutherus
Muskellunge	Esox masquinongy	Natives only
North brook lamprey	Ichthyomyzon fossor
Northern madtom	Noturus stigmosus
Popeye shiner	Notropis ariommus
Pugnose minnow	Opsopoeodus emiliae
Redside dace	Clinostomus elongatus
River chub	Nocomis micropogon
River darter	Percina schumardi	Lake Erie drainage basin
Rosyface shiner	Notropis rubellus
Silver lamprey	Ichthyomyzon unicuspis
South redbelly dace	Phoxinus erythrogaster
Streamline chub	Erimystax dissimilis
Tonguetied minnow	Exoglossum laurae
Variegate darter	Etheostoma variatum
Western banded killifish	Fundulus diaphanus menona

Table 5-3. Threatened species.

Common name	Latin name	Comment

Fish
Bigmouth shiner	Notropis dorsalis
Bluebreast darter	Etheostoma camurum
Lake chubsucker	Erimyzon sucetta
Paddlefish	Polyodon spathula
River darter	Percina shumardi
Rosyside dace	Clinostomus funduloides
Silver lamprey	Ichthyomyzon unicuspis
Tippecanoe darter	Etheostoma tippencanoe
Mollusks
Black sandshell	Liqumia recta
Ebonyshell	Fusconaia ebena
Fawnsfoot	Truncilla donaciformis
Pondhorn	Uniomerus tetralasmus
Snuffbox	Epioblasma triquetra
Threehorn wartyback	Obliquaria reflexa
Other
Sloan's crayfish	Orconectes sloanii

Table 5-4. Superior high quality waters.

Water body name	Flows into	Drainage basin

Alum creek - headwaters to West branch (RM 42.8)	Big Walnut creek	Scioto
Anderson fork - Grog run (RM 11.02) to the mouth	Caesar creek	Little Miami
Archers fork	Little Muskingum river	Central Ohio tributaries
Arney run - Black run (RM 2.2) to the mouth	Clear creek	Hocking
Ashtabula river - confluence of East and West fork (RM 27.54) to adjacent East 23^rd street (RM 2.00)	Lake Erie	Ashtabula
Auglaize river - Kelly road (RM 77.32) to Jennings creek (RM 47.02)	Maumee	Maumee
Baughman creek	Grand river	Grand
Beech fork	Salt creek	Scioto
Bend fork - Joy fork (RM 4.0) to the mouth	Captina creek	Central Ohio tributaries
Big run	Federal creek	Hocking
Big Walnut creek - Rocky fork (RM 28.3) to the mouth	Scioto river	Scioto
Blue creek	Churn creek	Scioto
Brill run	Marietta run	Hocking
Buskirk creek	Deer creek	Scioto
Caesar creek - Caesar Creek lake (RM 13.92) to the mouth	Little Miami river	Little Miami
Cedar fork	Clear Fork Mohican river	Muskingum
Cedar Lick creek	Cross creek	Central Ohio tributaries
Center fork	Elkhorn creek	Central Ohio tributaries
Chapman creek	Mad river	Great Miami
Clear creek	Rocky fork	Scioto
Clear creek - Cattail creek (RM 9.52) to the mouth	Hocking river	Hocking
Compton creek	North Fork Paint creek	Scioto
Congo creek	Scippo creek	Scioto
Deer creek - Bradford/Sugar creek confluence (RM 41.22) to Deer creek reservoir (RM 29.40)	Scioto river	Scioto
Dismal creek	Witten Fork	Central Ohio tributaries
East Branch Jelloway creek	Jelloway creek	Muskingum
East Fork Little Miami river - East Fork lake (RM 20.5) to the mouth	Little Miami river	Little Miami
East Fork Little Miami river - Howard run (RM 45.18) to Tunnel Mill road (RM 30.1)	Little Miami river	Little Miami
East Fork Queer creek	Queer creek	Scioto
Elkhorn creek	Yellow creek	Central Ohio tributaries
Federal creek - Hyde fork (RM 16.21) to the mouth	Hocking river	Hocking
Fish Creek - headwaters to the Indiana state line (RM 29.37)	St. Joseph river	Maumee
Furnace run	Cuyahoga river	Cuyahoga
Goose run - downstream Winnerline road (RM 3.00) to the mouth	Bantas fork	Great Miami
Grace run	Cherry fork	Southwest Ohio tributaries
Great Miami river - Quincy dam (RM 143.4) to Pasco-Montra road (RM 134.8)	Ohio river	Great Miami
Great Miami river - Sidney water works dam (RM 130.2) to Loramie creek RM (119.9)	Ohio river	Great Miami
Great Miami river - Lost creek (RM 100.0) to the CSX railroad bridge (RM 84.5)	Ohio river	Great Miami
Hay run	Deer creek	Scioto
Hellbranch run - Kropp road RM (5.04) to the mouth	Big Darby creek	Scioto
Honey creek	Great Miami river	Great Miami
Huron river - East/West branch confluence (RM 14.7) to the Ohio turnpike (RM 9.1)	Lake Erie	Huron
Indianfield run	Kokosing river	Muskingum
Jelloway creek	Kokosing river	Muskingum
Joes run	Big run	Hocking
Laurel run	Salt creek	Scioto
Leith run	Ohio river	Central Ohio tributaries
Little Darby creek	Big Darby creek	Scioto
Little Muskingum river - Witten fork (RM 46.44) to Fifteen Mile creek (RM 14.75)	Ohio river	Central Ohio tributaries
Lower Twin creek	Ohio river	Southwest Ohio tributaries
Lost creek	Great Miami river	Great Miami
Long run	Rocky fork	Muskingum
Lost run	Rocky fork	Muskingum
Mac-o-chee creek	Mad river	Great Miami
Mad river - headwaters to Mac-o-chee creek (RM 51.75)	Great Miami river	Great Miami
Marietta run	Federal creek	Hocking
Massie creek	Little Miami river	Little Miami
McCullough creek	Scioto Brush creek	Scioto
McKee creek	Stony creek	Great Miami
Middle Fork Laurel run	Laurel run	Scioto
Middle Fork Salt creek	Salt creek	Scioto
Mill creek	South Fork Scioto Brush creek	Scioto
Mohican river - Rocky fork (RM 27.60) to an unnamed tributary (RM 16.10)	Walhonding river	Muskingum
Morgan fork	Sunfish creek	Scioto
Muskingum river - confluence of Tuscarawas and Walhonding rivers (RM 111.13) to state route 208 (RM 92.0)	Ohio river	Muskingum
Muskingum river - Licking river (RM 76.20) to Moxahala creek (RM 73.50)	Ohio river	Muskingum
Muskingum river - Salt creek (RM 67.03) to Branch run (RM 52.58)	Ohio river	Muskingum
Muskingum river - McConnelsville dam (RM 49.0) to Madison run (RM 34.4)	Ohio river	Muskingum
Muskingum river - Beverly dam (RM 24.9) to Cushing run (RM 18.77)	Ohio river	Muskingum
Muskingum river - Lowell dam (RM 14.1) to Rainbow creek (RM 7.7)	Ohio river	Muskingum
Muskingum river - Devola dam (RM 5.77) to the mouth	Ohio river	Muskingum
Nancy run	North Fork Yellow creek	Central Ohio tributaries
Nellis run	Big run	Hocking
North Fork Captina creek - Long run (RM 4.0) to the mouth	Captina creek	Central Ohio tributaries
North Fork Yellow creek	Yellow creek	Cuyahoga
Ohio Brush creek - headwaters to Beasley Fork road (RM 6.30)	Ohio river	Southwest Ohio tributaries
Opossum creek	Ohio river	Central Ohio tributaries
Painter run	Rocky fork	Muskingum
Pine creek	Salt creek	Scioto
Pine creek - Hales creek (RM 38.15) to the mouth	Ohio river	Southeast Ohio tributaries
Piney fork	Sunfish creek	Central Ohio tributaries
Pretty run	Salt creek	Scioto
Proctor run	Treacle creek	Scioto
Queer creek	Salt creek	Scioto
Randall run	Mill creek	Scioto
Rarden creek	Scioto Brush creek	Scioto
Rocky fork - U.S. route 62 (RM 5.1) to the mouth	Big Walnut creek	Scioto
Rocky fork - headwaters to Rocky fork lake (RM 16.88)	Paint creek	Scioto
Schenck creek	Kokosing river	Muskingum
Scioto Brush creek - headwaters to McCullough creek (RM 10.2)	Scioto river	Scioto
Scioto river - Indian run (RM 145.18) to Olentangy river (RM 132.33)	Ohio river	Scioto
Scioto river - Scioto Big run (RM 124.40) to Scippo creek (RM 89.61)	Ohio river	Scioto
Scioto river - Paint creek (RM 63.50) to Salt creek (RM 51.18)	Ohio river	Scioto
Scioto river - Scioto Brush creek (RM 9.2) to the mouth	Ohio river	Scioto
Scippo creek - Old Tarlton pike (RM 14.80) to the mouth	Scioto river	Scioto
Sevenmile creek	Fourmile creek	Great Miami
South Fork Captina creek	Captina creek	Central Ohio tributaries
South Fork Eagle creek	Eagle creek	Mahoning
South Fork Scioto Brush creek - Shawnee creek (RM 8.3) to the mouth	Scioto Brush creek	Scioto
Spain creek	Big Darby creek	Scioto
Spring fork	Little Darby creek	Scioto
Spring run	Federal creek	Hocking
Stillwater river - Englewood dam (RM 9.0) to the mouth	Great Miami river	Great Miami
Strawcamp run	Elkhorn creek	Central Ohio tributaries
Sunfish creek - headwaters to Negro run (RM 1.7)	Ohio river	Central Ohio tributaries
Trail run	Center fork	Central Ohio tributaries
Turkey creek	Ohio river	Southwest Ohio tributaries
Turkey run	Sugartree fork	Muskingum
Unnamed tributary to East Branch Black river at RM 41.41	East Branch Black river	Black
Upper Twin creek	Ohio river	Southwest Ohio tributaries
West Branch Alum creek - Ashley West Liberty road (RM 5.09) to the mouth	Alum creek	Scioto
West Branch Huron river - Slate run (RM 10.52) to the mouth	Huron river	Huron
West Branch St. Joseph river - Michigan state line (RM 11.41) to the mouth	St. Joseph river	Maumee
West fork - Buck run (RM 9.0) to the mouth	Ohio Brush creek	Southwest Ohio tributaries
Whitewater river - Indiana state line (RM 8.26) to the mouth	Great Miami river	Great Miami
Wildcat run	Big run	Hocking
Winding fork	Wakatomika creek	Muskingum
Winterstein run	South Fork Scioto Brush creek	Scioto
Witten fork	Little Muskingum river	Central Ohio tributaries
Witten run	Clear Fork Little Muskingum river	Central Ohio tributaries
Yellow creek	Cuyahoga river	Cuyahoga
Yellow Springs creek	Little Miami river	Little Miami

Table 5-5. Outstanding state waters based on exceptional ecological values.

Water body name	Flows into	Drainage basin

Aurora branch - state route 82 (RM 17.08) to the mouth	Chagrin river	Chagrin
Bantas fork	Twin creek	Great Miami
Big Darby creek	Scioto river	Scioto
Captina creek - North/South forks (RM 25.42) to state route 7 (RM 0.70)	Ohio river	Central Ohio tributaries
Chagrin river - Woodiebrook road (RM 49.14) to state route 6 (RM 11.1)	Lake Erie	Chagrin
Conneaut creek - state line (RM 23.83) to the mouth	Lake Erie	Ashtabula
Cuyahoga river - Troy-Burton township line (RM 83.9) to U.S. route 14 (RM 60.75)	Lake Erie	Cuyahoga
Deer creek - Deer creek dam (RM 23.89) to the mouth	Scioto river	Scioto
East Branch Chagrin river - Heath road (RM 14.49) to the mouth	Chagrin river	Chagrin
Fish creek - Indiana state line (RM 5.57) to the mouth	St. Joseph river	Maumee
Grand river - state route 322 (RM 67.08) to U.S. route 20 (RM 5.67)	Lake Erie	Grand
Greenville creek - Indiana state line (RM 34.48) to the mouth	Stillwater river	Great Miami
Kokosing river	Walhonding river	Muskingum
Little Beaver creek	Ohio river	Little Beaver creek
Little Darby creek	Big Darby creek	Scioto
Little Miami river	Ohio river	Little Miami
Middle Fork Little Beaver creek - Middle run (RM 8.57) to the mouth	Little Beaver creek	Little Beaver creek
North Branch Kokosing river	Kokosing river	Muskingum
North Fork Little Beaver creek - Pennsylvania state line (RM 7.75) to the mouth	Little Beaver creek	Little Beaver creek
North Fork Little Miami river	Little Miami river	Little Miami
North Fork Paint creek - Compton creek (RM 24.57) to the mouth	Paint creek	Scioto
Olentangy river - Delaware dam (RM 32.35) to Old Wilson Bridge road (RM 11.45)	Scioto river	Scioto
Paint creek - Rocky fork (RM 37.12) to North fork (RM 3.80)	Scioto river	Scioto
Pleasant run	Big Darby creek	Scioto
Rocky fork	Licking river	Muskingum
Salt creek	Scioto river	Scioto
Sandusky river - U.S. route 30 (RM 82.1) to Roger Young Memorial park in Fremont (RM 16.6)	Lake Erie	Sandusky
Scioto Brush Creek - McCullough creek (RM 10.20) to the mouth	Scioto river	Scioto
South Fork Scioto Brush creek - Shawnee creek (RM 8.30) to the mouth	Scioto Brush creek	Scioto
Stillwater river - Riffle road (RM 55.90) to the Englewood dam (RM 9.01)	Great Miami river	Great Miami
Twin creek	Great Miami river	Great Miami
Unnamed tributary to East Branch Black river at RM 39.06	East Branch Black river	Black
Vermilion river - Southwest branch (RM 47.66) to state route 2 (RM 3.15)	Lake Erie	Vermilion
Wakatomika creek	Muskingum river	Muskingum
Walhonding river	Tuscarawas river	Muskingum
West Fork Little Beaver creek - Brush creek (RM 15.99) to the mouth	Little Beaver creek	Little Beaver creek

Table 5-6. Outstanding state waters based on exceptional recreational values.

Water body name	Flows into	Drainage basin

Cuyahoga river - Sand run (RM 39.12) to Rockside road (RM 13.13)	Lake Erie	Cuyahoga
Maumee river - Indiana state line (RM 108.1) to the U.S. route 25 bridge (RM 15.05)	Maumee Bay	Maumee

Table 5-7. Outstanding national resource waters.

Water body name	Flows into	Drainage basin

History

Effective: February 6, 2017
Promulgated Under: 119.03

Ohio Adm.Code 1501-6-02 Application.

An application shall be deemed unacceptable by the director if it is found to have incomplete or insufficient information for proper evaluation of the development, improvement or activity upon lake Erie submerged lands. The applicant shall be notified by the director if the application is unacceptable within sixty days of its receipt by the director. Upon receipt of said notification, the applicant may resubmit a new application for evaluation. The director must, within a reasonable period of time, process the application.

When the director finds that the effort to supplement the information on the application will be unavailing and that the application is not in accordance with the requirements of section 1506.10 and 1506.11 of the Revised Code and applicable rules, or that the applicant failed to respond to request for information within sixty days of notice, the director shall issue an order denying the application for a submerged lands lease, and shall notify the applicant of the opportunity for a hearing pursuant to section 119.06 to 119.13 of the Revised Code.

History

Effective: April 30, 1992
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-03 Director's recommendations.

(A) The director's recommendation to the governor as to whether to approve an application for a lease of submerged land shall be based upon an evaluation of whether the development, improvement or activity is consistent with the policies of the Ohio coastal management program document, in accordance with section 1506.03 of the Revised Code and does not otherwise contravene the general public's interest in lake Erie submerged lands, waters of the state, fish and wildlife, or cultural or other public trust resources. Notwithstanding the policies of the Ohio coastal management program document, the director, in said evaluation, shall give due consideration to any artificially filled area or filled portion of any area of the territory or any development, improvement or activity thereon existing on March 15, 1989, as set forth in this rule.

(B) Consistent with the protection of coastal area resources, the department will coordinate policies and decision-making with the rules and policies of other state and federal resource and regulatory agencies. In considering an application for a submerged lands lease, the department may solicit comments and relevant information from adjacent property owners, port authorities, local jurisdictions and planning agencies, the Ohio environmental protection agency, the Ohio historic preservation office, the general public and other agencies or individuals as deemed appropriate by the director.

(C) The department in determining whether the development, improvement or activity as set forth in an application for a lease will be compatible with the rights of the public and the public trust uses of the affected area will consider the following:

(1) Whether the project prejudices the littoral rights of any owner of land fronting on lake Erie without permission of that owner.

(2) Whether the project conforms to the permitted uses as regulated by the local government, where applicable.

(3) Whether public uses such as, navigation, water commerce, and fishing in the affected area would be destroyed or greatly impaired.

(4) Whether the diminution of the area of original use would be small compared to the use of the entire area.

(5) Whether the area has a history of use including, but not limited to, services rendered to the general public.

(D) In addition to any other laws or rules administered by any other state, local or federal agency, these are the criteria, if applicable, against which each application for a lease of submerged lands will be evaluated:

(1) WATER DEPENDENCY

Generally, an application for a lease to place fill and/or to construct facilities in the territory for a non-water dependent development or activity (i.e. an improvement which by its nature does not depend on being located in or upon the water) will not be approved. An exception to this water dependency criterion would be an improvement in the territory which is beneficial and important to the general public's health, safety or welfare as determined by the director. Under this exception, there shall be no practicable alternative to the improvement including an alternative upland site, and all reasonable measures shall be undertaken by the applicant to minimize any adverse impacts upon the waters and underlying lands of lake Erie and the beneficial functions these resources perform.

This criterion shall not apply to a lease application for development of the territory where the territory has been artificially filled prior to March 15, 1989.

(2) PROTECTION OF ENVIRONMENTAL QUALITY

The director may require an environmental impact assessment or other information in order to determine the probable direct, secondary and cumulative impacts of the development, improvement or activity upon the natural and human environment. With regard to any artificially filled area or filled portion of any area of the territory existing on March 15, 1989, the requirement for an environmental impact assessment shall be limited to any new development, improvement or activity or any change in an existing development, improvement or activity on said area of the territory.

The environment impact assessment shall include, but not be limited to, the following issues:

(a) Potential impact upon air and water quality;

(b) The likelihood that the development, improvement or activity may affect historic, cultural and aesthetic resources;

(c) Open space or recreational uses of the shoreline where increased access to the shorefront is a particularly important concern;

(d) Floral and faunal communities where loss of biological resources or threats to endangered or threatened species are of particularly important concern.

(e) Potential impact upon wetlands, or other state resource waters.

(f) Potential impact upon the littoral zone including sand transport.

(g) The potential individual and cumulative impacts of the lease activity in conjunction with other similar activities in the project area or geographic region will be considered.

To the maximum extent practicable the department's review of a lease application will utilize information and findings which may be developed in the public review process conducted by the U.S. department of the army, corps of engineers for authorization of activities in navigable waters, the section 401 water quality certification by the director of the Ohio environmental protection agency, and the consistency reviews of the state under the Ohio coastal management and nonpoint source management programs.

(3) PUBLIC RECREATION.

The potential impact of any development, improvement or activity upon the public right of recreation, including present or prospective recreational uses by the public during the term of the lease, will be evaluated. Provision for public access may be required as a condition of a lease or permit depending upon historic use patterns and suitability of the lease site for existing or prospective recreational uses.

(4) RELATIONSHIP TO PLANS FOR PORT DEVELOPMENTS, COMMERCIAL NAVIGATION AND URBAN WATERFRONT DEVELOPMENT.

The department in determining the compatibility of the development, improvement or activity with existing waterfront master plans, local land use plans and regulations and any other relevant plans or programs adopted by local or regional authorities, will consider the following:

(a) Whether the development, improvement or activity assists in the redevelopment of deteriorating urban waterfronts and ports, and is sensitive to the preservation and restoration of historic, cultural and aesthetic coastal features.

(b) Whether the development, improvement or activity allows for public access to the waterfront for recreational purposes consistent with orderly coastal-dependent uses. The potential for a development, improvement or activity in the territory to directly or indirectly, preempt future public access to the coast or waters of lake Erie will be examined.

(c) To the maximum extent practicable, priority consideration will be given to new commercial and port-related developments, improvements or activities in or adjacent to areas where such development, improvement or activity already exists.

(d) The importance of the development, improvement or activity to the local and regional economy. Interstate commerce and any other identified national, state or great lakes region interest which would be affected by the development, improvement or activity will be considered. To this end, documentation of relevant intergovernmental consultation may be supplied by the applicant.

(e) The history of pre-existing uses including, but not limited to, services to the general public. To the maximum extent practicable, consideration shall be given to such uses on any artificially filled area or filled portion of any area of the territory existing on March 15, 1989.

History

Effective: April 30, 1992
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-04 Public hearing/public meeting.

At any time during the lease application review period or upon completion of the department's evaluation, if the director finds that there is insufficient information upon which to base a decision, or if there are significant unresolved issues, the director may request the applicant to supply additional information and may declare that a public hearing or a public meeting be held to obtain the necessary information.

(A) If a public hearing is scheduled, said hearing shall be held at a time and place designated by the director. The hearing shall be of a formal nature. A court reporter shall be present and all parties shall have an opportunity to present evidence and/or provide testimony. Notice of said hearing shall be advertised in accordance with division (C) of section 1506.11 of the Revised Code. All costs pertaining to the hearing, including but not limited to the court reporter and advertisement, shall be paid by the applicant.

(B) If the director determines that a public meeting would serve to provide sufficient information to supplement the administrative record and support a decision whether or not a lease may properly be entered into, the director shall order a public meeting to be held in the geographic locality of the applicant's lease request. Notice of said public meeting shall be advertised in a manner to be determined by the director. All costs of the meeting shall be paid by the applicant.

(C) The public hearing or public meeting shall be limited to the gathering of information which directly pertains to the application in question and to the evaluation of the development, improvement or activity in accordance with section 1506.11 of the Revised Code and rules contained herein.

History

Effective: April 30, 1992
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-05 Lease.

A lease for lake Erie submerged land shall be prepared by the department of natural resources and shall contain, but not be limited to, language which reflects the following:

(A) A metes and bounds description of the submerged land to be occupied or an alternate description referenced to the applicant's upland property description that is considered adequate by the director as provided by the applicant.

(B) The director shall set the period of time (term) of the lease. The term of the lease shall be fifty years unless the director recommends a longer or shorter term. Should the director recommend a lease term less than or greater than fifty years, the director shall state in writing the specific findings, rationale and justification for the differential in setting the term. Applicant shall have the right of appeal in accordance with sections 119.06 to 119.13 of the Revised Code.

(C) A complete description of the development, improvement or activity upon the submerged lands. Said clause shall contain the following "any change in use approved by the director, Ohio department of natural resources, may also result in a re-evaluation of the rent. Said lease shall be amended to reflect the proper rent as assigned by the director, based upon the new use," or words of similar import.

(D) There shall be no assignment, sublease or mortgage of the leasehold without the expressed written consent of the director, which consent shall not be unreasonably withheld or unreasonably conditioned.

(1) A written request to assign, sublet, or mortgage shall be delivered by the lessee to the director not less than ninety days prior to the proposed effective date thereof, and the director shall respond within thirty days of the director's receipt of such request. Any assignment shall be held in escrow by the closing officer of the title company, bank, or attorney until the sale of the uplands has been completed. Should the sale not be consummated then the assignment shall automatically be null and void. If the director fails to act in any manner within ninety days of the receipt of the written request, then the request shall be deemed approved by the director.

(2) Rent and other lease terms shall be subject to revision at time of assignment.

(3) Applicants for the director's consent to sublease, assign or mortgage shall be entitled to an administrative review of and appeal from any decision of the director pursuant to section 119.06 of the Revised Code.

(E) Each lease area shall be subject to the public's right to navigation in and around any structures covered in the lease. However, the public's right of navigation is limited to the extent that it does not interfere with lessee's safe use of lessee's structure.

(F) No lessee shall refuse, during storms or other adverse conditions, safe harbor refuge to any vessel seeking such refuge, provided that the harbor can safely accommodate such vessel.

(G) Each lease shall require adequate liability insurance or self insurance documentation for lessee, municipal corporations or political subdivisions of the state for lessee's development, improvement or activity in the territory and lessee's occupation of the territory. Minimum limits of liability insurance shall be established by the department and shall contain a clause naming the state of Ohio as additional insured.

(H) Each lease shall be subject to any and all local, state or federal laws or regulations. The issuance of the lease does not release the lessee from obtaining any and all other permits or documents from any local, state or federal agency as required for the use of the territory. Failure to obtain any required permits or documents shall be a violation of the lease and subject to cancellation under the default provisions therein.

History

Effective: July 4, 1999
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-06 Rental.

The rent rates herein determined shall be applied equally throughout the entire lake Erie shoreline, including Sandusky bay, Maumee bay and the islands. Rates will be determined by the director using the description of the development, improvement or activity provided by the applicant according to the following schedule:

(A) Existing fill - any artificially filled area or filled portion of any area of the territory existing on March 15, 1989, shall be charged $0.01 per square foot per year for the term of the lease or renewals. This rental rate shall apply only to the use of the filled area as it existed on March 15, 1989. If the lessee or its assigns change the use of the filled area, the rent may be modified to reflect the rent rate in effect for the new use at the time of the change of use.

The rental rate for any artificially filled area of the territory existing on March 15, 1989, which qualifies as a governmental non-income producing facility as determined by the director, shall be $1.00 per year.

(B) Private floating dock - $50 per year.

(D) Private erosion control structure - $50 plus $0.01 per square foot of leased area for the first year, and $0.01 per square foot of leased area per year thereafter.

This rental rate shall be applied to all qualifying leases, or qualifying portion of the leased area for leases executed on or after the effective date of this rule. For existing leases executed after the April 30, 1992 effective date of the original rules, this lease rate will apply upon the rent renewal date for the lease, unless the lease is modified prior to such date. This rate shall not apply to leases executed prior to April 30, 1992 unless the lease is modified on or after the effective date of this rule.

(E) Semi-private and small commercial facility occupying no more than four acres - $0.03 per square foot of leased area per year.

(F) Large facility and an industrial facility - $0.04 per square foot of the leased area per year.

(G) Utility - $500 per year.

(H) Governmental income producing facility shall pay the rent for the category of the facility.

(I) Governmental non-income producing facility shall pay $1.00 per year. Where practicable, a lease for all such governmental uses or purposes shall be covered in one instrument for each political subdivision.

(J) "Escalator clause" - the rental rates as provided for in paragraphs (B) to (H) of this rule, shall be recalculated every five years beginning on the fifth anniversary of the effective date of this rule and any increase shall be at the same rate of increase as the "National Consumers Price Index" (C.P.I.). The annual base rate for calculation purposes shall be the rate established by the U.S. department of labor for the city of Cleveland, Ohio, urban, all categories (C.P.I.U.) for February, 1992. That annual base rate is 136.2. The new rate shall be most recent C.P.I.U. annual rate established to the nearest month prior to the date of recalculation by the U.S department of labor. Once the new annual rate has been determined and the amount of increase has been calculated, then the new annual rate shall become the base annual rate for calculation purposes for the next five year period of time. This change in rates shall continue until such time as the C.P.I.U. is no longer used or the director determines that another method may be more accurate. The rental rate percentage increase shall be the lesser of the following:

(1) The base annual rate shall be subtracted from the new annual rate, the base rate shall be divided into the difference between the base rate and the new rate and the answer will be the percentage of increase or decrease over that five year period of time:

example:	new rate (nr)	140.2
	- base rate (br)	136.2
	___________	_____
	difference (df)	4.0

	df 4.0
	___________	= .0293 or 2.93% increase
	br 136.2

current rent: $10,000.00 .0293 increase = $293.00

new rent: $10,293.00

(2) At no time shall the increases of the rental rate exceed 20 percent in any given five year period of time, nor shall the aggregate increase of the rental rate exceed 150 percent over the term of the lease. Also at no time shall the rental rate charged in any lease written by the state of Ohio pursuant to sections 1506.10 and 1506.11 of the Revised Code or by these rules be lowered.

Should the United States department of labor discontinue the use of C.P.I. the director shall select as nearly compatible a statistical formula on the purchasing power of the consumer dollar as is then available and published in some responsible governmental publication.

This escalator method shall not affect the rent charged under paragraph (A) of this rule existing fill or paragraph (H) of this rule governmental non-income producing facility.

History

Effective: July 4, 1999
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-10 Definitions.

(A) "Annual recession rate" means the average rate, expressed in feet per year, at which the recession line moves landward. The annual recession rate shall be based on a time period not less than ten years nor greater than thirty years prior to the year that the base-map imagery was acquired. In no case shall the annual recession rate used to calculate the anticipated recession distance be less than zero.

(B) "Anticipated recession distance" means the center-weighted moving average of distances, equal to thirty times the annual recession rate, as determined at five consecutive transects. Anticipated recession distances less than thirty times the "calculated accuracy limit" (refer to paragraph (H) of this rule) shall be equal to zero.

(C) "Barrier beach" means a narrow, elongate sand ridge rising above lake level and extending generally parallel with the mainland shore, but separated from it by a body of water or a wetland.

(D) "Base recession line" means the recession line mapped from synoptic aerial photography, remote sensing imagery, digital data, or maps used to create the recession-line base map upon which coastal erosion areas are designated. The coastal erosion area shall be designated by measuring anticipated recession distances from the base recession line.

(E) "Beach" means a zone of unconsolidated material that extends landward from the shoreline to the toe of the bluff or dune. Where no bluff or dune exists, the landward limit of the beach is either the line of permanent vegetation or the place where there is a marked change in material or physiographic form.

(F) "Bluff" means a bank or cliff with a precipitous, steeply sloped face adjoining a beach or a body of water.

(G) "Bluff line" means the point of inflection where the slope of the upland surface changes to begin its descent to the beach or shoreline.

(H) "Calculated accuracy limit" means the potential error in recession rate resulting from the limit of image resolution and measurement inaccuracies and shall be calculated by dividing a fixed error of five feet by the time period in years over which the annual recession rate is calculated.

(I) "Coastal erosion area" means those land areas along lake Erie anticipated to be lost due to lake Erie-related erosion within a thirty-year period if no additional approved erosion control measures are completed within that time. These areas include land lakeward of the base recession line where anticipated recession distances are greater than zero and extend landward from the base recession line for a distance equal to the anticipated recession distance. Where anticipated recession distances are equal to zero, coastal erosion areas shall not be designated either lakeward or landward of the base recession line.

(J) "Dike" means any artificial barrier together with appurtenant works that shall be used either to:

(1) Divert or restrain the flow of a stream or other body of water for the purpose of protecting an area from inundation by flood waters; or

(2) Maintain water levels in the diked area for the purposes of managing a wetland.

(K) "Dune" means a ridge or hill of loose, windblown sand, the crest of which typically trends parallel to the shoreline.

(L) "Erosion" means the loss or displacement of land along the lakeshore due to wave attack, ice scour, mass wasting, or other related erosion processes.

(M) "Erosion control measure" means a structure or actions specifically designed to reduce or control lake Erie-related erosion of the shore. Examples include, but are not limited to, groins, jetties, dikes, seawalls, revetments, bulkheads, breakwaters and artificially nourished sand and/or gravel beaches.

(N) "Fill land" means artificial land made by placing substantial fill and associated erosion control measures in lake Erie.

(O) "Mass wasting" means the downslope movement of material due to gravity. Examples of mass wasting include but are not limited to rotational slumps, debris flows, block falls, and rock falls.

(P) "Recession" means the landward retreat of the shore due to erosion.

(Q) "Recession distance" means the distance between two recession lines. The recession distance shows how far the "recession line" (refer to paragraph (R) of this rule) receded during a given time period.

(R) "Recession line" means the landform used for mapping recession of the shore, which shall include but is not limited to:

(1) Where the shore is a bluff, the recession line shall be the bluff line. Examples are shown in figure 1 of this rule.

(2) Where the shore is a sand spit with a dune or a barrier beach with a dune, the recession line shall be the top of the wave-cut face in the dune or the crest of the dune.

(3) Where the shore is a low-lying sand spit lacking a dune or a barrier beach lacking a dune, the recession line shall be the crest of the spit or barrier.

(4) Where the shore is a wetland, the recession line shall be the lakeward line of persistent emergent vegetation.

(5) Where the shore is diked, the recession line shall be the top of the lakeward-facing slope of the dike.

(6) Where low-lying waterfront areas are protected by a seawall, bulkhead, or revetment, the recession line shall be the top of the lakeward-facing slope of the structure.

(S) "Sand spit" means a narrow embankment of land composed of sand and gravel deposited by littoral processes which has one end attached to the shore and the other terminating in open water.

(T) "Shore" means the land bordering the lake.

(U) "Shoreline" means the line of intersection of lake Erie with the beach or shore.

(V) "Wetland" means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, vegetation typically adapted for life in saturated soil conditions. Wetland includes without limitation swamps, marshes, bogs, and fens.

History

Effective: June 14, 1996
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-11 Determination of annual recession rates.

The process of determining annual recession rates shall include preparation of recession-line base maps, measurement of recession distances on the recession-line maps, and calculation of annual recession rates.

(A) Recession-line maps shall be prepared using the following procedure.

(1) Base maps shall be constructed using the most currently available imagery. Types of base-map imagery may include, but are not limited to, aerial photographs, remote sensing imagery, digital data, or some combination thereof. Criteria used to select base-map imagery shall include, but are not limited to, complete synoptic coverage of the Ohio shore where the shore is centrally located on the images, adequate geographic reference points, and resolution that is adequate to map a base recession line and identify cultural and physiographic features on the imagery.

(2) The resulting base maps shall be produced at a nominal scale of one inch equal to two hundred feet; the scale of the base maps shall be verified with field measurements not less than five hundred feet in length, and the true scale in feet shall be noted on each individual base map.

(3) A base recession line shall be mapped on the recession-line base maps as described in paragraph (R) of rule 1501-6-10 of the Administrative Code.

(4) Historical imagery used to prepare recession-line maps shall be selected from charts, aerial photographs, or other imagery of the shore which are on file at the department of natural resources, division of geological survey. Criteria used to select this imagery for recession-line mapping shall include but are not limited to those criteria listed in paragraph (A)(1) of this rule. Imagery shall be acquired within a time period of not less than ten years nor greater than thirty years prior to the year that the base-map imagery was acquired.

(5) Recession lines from charts, aerial photographs, or other imagery shall be projected or digitally transferred onto the base maps.

(B) Recession distances shall be measured at points uniformly spaced along the base recession line. The recession distance at each point shall be measured from the base recession line along a transect oriented at a right angle to the general trend of the base recession line (figure 1). Each transect shall be uniquely identified and the measured recession distance shall be recorded and used to calculate the annual recession rate.

(C) For each transect, the annual recession rate in feet per year shall be calculated by dividing the measured recession distance by the time period in years between the recession lines. The minimum annual recession rate shall be zero feet per year.

History

Effective: June 14, 1996
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-12 Determination of anticipated recession distances.

The anticipated recession distance in feet for each transect shall be the center-weighted moving average of distances equal to thirty times the annual recession rate in feet per year as determined at five consecutive transects where: (1) the distances for the two outer transects shall be weighted by a factor of one; (2) the distances for the two inner transects shall be weighted by a factor of three; and (3) the distance for the center transect shall be weighted by a factor of five (figure 1). Anticipated recession distances less than thirty times the calculated accuracy limit shall be equal to zero. In no case shall the anticipated recession distance be less than zero.

History

Effective: June 14, 1996
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-13 Preparation of coastal erosion area maps.

Coastal erosion areas shall be delineated on coastal erosion area maps.

(A) Where coastal erosion areas are identified, such areas shall include land lakeward of the base recession line and all land that extends landward of the base recession line for a distance equal to the anticipated recession distance. Where anticipated recession distances are equal to zero, a coastal erosion area shall not be designated, either lakeward or landward of the base recession line.

(1) The landward boundary of a coastal erosion area shall be delineated by plotting on each transect a point landward from the base recession line equal to the anticipated recession distance as determined in rule 1501-6-12 of the Administrative Code and then drawing straight lines between these points (figure 1).

(2) Where one transect has a positive anticipated recession distance and an adjacent transect has a zero anticipated recession distance, the coastal erosion area boundary shall be delineated as follows. A boundary line shall be drawn between the positive anticipated recession distance on the one transect to the base recession line position on the adjacent transect (figure 2). At the point where the distance between the boundary line and the base recession line equals the calculated accuracy limit, the boundary line shall turn lakeward. The lakeward extension of the boundary line shall extend to the shoreline and shall be spaced proportionately between the transects (figure 2).

(B) The preliminary identification of coastal erosion areas shall be shown on recession-line base maps described in paragraph (A) of rule 1501-6-11 of the Administrative Code as areas bounded on the lakeward side by the shoreline and on the landward side by a line (coastal erosion area line) drawn pursuant to paragraphs (A)(1) and (A)(2) of this rule. The base recession line and the recession line used to determine annual recession rates and anticipated recession distances as prescribed in paragraph (A)(4) of rule 1501-6-11 of the Administrative Code shall also be shown on the recession-line base maps (figure 3).

(C) Final identification of coastal erosion areas shall be shown on the recession-line base maps described in paragraph (A) of rule 1501-6-11 of the Administrative Code as areas bounded on the lakeward side by the shoreline and on the landward side by a line drawn pursuant to paragraphs (A)(1), (A)(2), and (B) of this rule. This final identification shall show the boundaries of coastal erosion areas as they existed at the time the base-map imagery was acquired. Subsequent to the final identification, the landward extent of a coastal erosion area shall be determined by measuring the anticipated recession distance from the current base recession line defined in paragraph (R) of rule 1501-6-10 of the Administrative Code. Recession rates and anticipated recession distances shall be provided by the department of natural resources with coastal erosion area maps.

History

Effective: June 14, 1996
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-21 Definitions.

The following definitions shall apply to the terms used in rules 1501-6-21 to 1501-6-28 of the Administrative Code.

(A) "Applicant" means the owner of the property to be improved or an authorized agent for said property owner.

(B) "Application" means the signed and completed application form and all supporting information required to be submitted to apply for a permit to erect, construct, or redevelop a permanent structure in a lake Erie coastal erosion area pursuant to section 1506.07 of the Revised Code.

(C) "Coastal erosion area" means those land areas along lake Erie anticipated to be lost due to lake Erie-related erosion within a thirty-year period if no additional approved erosion control measures are completed within that time, as defined in rule 1501-6-10 of the Administrative Code.

(D) "Construct" means to build, form, or assemble a new permanent structure.

(E) "Department" means the department of natural resources.

(F) "Director" means the director of the department of natural resources, or the director's designee.

(G) "Erect" means construct.

(H) "Erosion control measure" means a structure or actions specifically designed to reduce or control lake Erie-related erosion of the shore. Examples include, but are not limited to, groins, jetties, dikes, seawalls, revetments, bulkheads, breakwaters and artificially nourished sand and/or gravel beaches.

(I) "Existing structure" means a permanent structure which existed or upon which construction had begun prior to the effective date of enforcement of these rules as described in paragraph (C) of rule 1501-6-22 of the Administrative Code.

(J) "Movable structure" means a permanent structure designed, sited, and constructed to be readily relocated at minimum cost and with minimum disruption of its intended use. Access to and from the site shall be of sufficient width and acceptable grade to permit the structure to be relocated. Mobile homes and structures built of above-ground stud wall construction on skids or on piling, or on basement or crawl space foundations are examples of movable structures. Septic systems and structures with above-ground walls of masonry, concrete, or related materials are not movable structures.

(K) "Permanent structure" means any residential, commercial, industrial, institutional, or agricultural building, any manufactured home as defined in section 4501.01 of the Revised Code, and any septic system that receives sewage from a single-family, two-family, or three-family dwelling, but does not include any recreational vehicle as defined in section 4501.01 of the Revised Code. An addition to any existing residential, commercial, industrial, institutional, or agricultural building, or any manufactured home, will be considered a permanent structure if the ground level area of the addition is greater than or equal to 500 square feet.

An appurtenant structure to any residential, commercial, industrial, institutional, or agricultural building, or any manufactured home, that is not integral to the building's structure, such as a patio or deck, will not be considered a permanent structure. Stand-alone, uninhabitable, structures such as gazebos, picnic shelters, garages and storage or tool sheds will not be considered permanent structures.

(L) "Permit" means a form signed by the director authorizing a person to erect, construct, or redevelop a permanent structure which lies or will lie, in whole or in part, on land within a lake Erie coastal erosion area.

(M) "Person" means any agency of this state, any political subdivision of this state or of the United States, and any legal entity defined as a person under section 1.59 of the Revised Code.

(N) "Redevelop" means to remove and replace an entire existing permanent structure, or to build a new permanent structure on an existing foundation.

History

Effective: August 1, 1997
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-28

The invalidation by a court of a rule adopted or amended pursuant to section 1506.07 of the Revised Code shall not affect the validity of any other rule or portion thereof adopted or amended thereunder by the director.

Last updated May 12, 2026 at 11:25 AM

History

Effective: August 1, 1997
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-22

(A) In accordance with the provisions of division (B) of section 1506.07 of the Revised Code and the administrative rules adopted pursuant to division (A) of section 1506.07 of the Revised Code, a permit shall be required for the erection, construction, or redevelopment of a permanent structure which lies or will lie, in whole or in part, on any land within a lake Erie coastal erosion area as defined in section 1506.06 of the Revised Code and rules 1501-6-10 to 1501-6-13 of the Administrative Code.

(B) A permit is not required under division (B) of section 1506.07 of the Revised Code for erection, construction, or redevelopment of a permanent structure which is or will be located within any county or municipal corporation that has adopted and is enforcing a lake Erie coastal erosion area resolution or ordinance within its zoning or building regulations, provided that the resolution or ordinance has been determined to be acceptable by the director under division (D) of section 1506.07 of the Revised Code.

(C) A permit is not required under division (B) of section 1506.07 of the Revised Code for erection, construction or redevelopment of a permanent structure if any other required permit was issued or plan was approved for that erection, construction or redevelopment by any state agency, political subdivision of this state, or federal agency prior to any of the following:

(1) The effective date of these rules;

(2) The date the director notifies each municipal corporation, county, and township of the final identification of the coastal erosion areas pursuant to section 1506.06 of the Revised Code;

(3) The date the director adopts the coastal management program document pursuant to section 1506.02 of the Revised Code.

(D) A permit is not required under division (B) of section 1506.07 of the Revised Code for erection, construction, or redevelopment of a permanent structure on any parcel of land that is not adjacent to lake Erie.

History

Effective: August 1, 1997
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-23 Permit application procedure.

(A) A person seeking to obtain a permit to erect, construct, or redevelop a permanent structure which lies or will lie, in whole or in part, on any land within a lake Erie coastal erosion area is required to file an application, accompanied by necessary supporting information, in accordance with rules 1501-6-21 to 1501-6-28 of the Administrative Code. The application shall be on a form as specified by the director, copies of which may be obtained from the department. In addition to the information to be supplied on the application form, the applicant shall also submit the supporting information described in paragraph (B) or (C) of this rule.

(B) For a proposed permanent structure protected or to be protected by an erosion control measure, the application shall include the following:

(1) A general description of the proposed permanent structure identifying its purpose; and

(2) A map of the project site that clearly shows the location of the proposed permanent structure with respect to the lake Erie shoreline; property lines; county, township, and municipal corporation boundary lines; and state, county and local roads. A United States geological survey (USGS) seven and one-half minute topographic map or portion thereof will generally meet this requirement; and

(3) A proposed schedule of construction. The schedule shall demonstrate that the erosion control measures will be constructed prior to or concurrent with the erection, construction, or redevelopment of the permanent structure; and

(4) Other pertinent information as may reasonably be determined necessary by the department to fully evaluate the application.

(C) For a proposed permanent structure when the applicant requests a permit due to exceptional hardship as described in paragraph (C)(2) of rule 1501-6-24 of the Administrative Code, the application shall include the following supporting information:

(1) The information described in paragraphs (B)(1) and (B)(2) of this rule; and

(2) Documentation that the permanent structure will be movable or will be situated as far landward as applicable zoning resolutions or ordinances permit; and

(3) Explanation of the exceptional hardship that the person seeking the authorization will suffer, if the authorization is not given.

(D) The thirty-day review period specified in paragraph (B) of rule 1501-6-24 of the Administrative Code will begin on the date the department receives a completed application and all required supporting information. Within seven working days of receipt of the application, the department shall notify the applicant, in writing, indicating the starting date for the thirty-day review period (which date shall be, as stated above, the date of receipt of the application) if the application is complete. If the application is incomplete, the department shall identify deficiencies in the application which must be corrected before the application will be considered complete. If additional information is requested, the thirty-day review period will begin on the date it is received by the department.

(E) If, during the thirty-day review period specified in paragraph (B) rule 1501-6-24 of the Administrative Code, the application is found to be inaccurate or additional information from the applicant is necessary to adequately evaluate the project, the applicant shall be notified, in writing, of the inaccuracy or additional information required. Review of the application will cease pending receipt of the necessary changes or additional information from the applicant. Upon receipt of the requested changes or additional information from the applicant, a new thirty-day review period will commence. If either the necessary changes or additional information is not provided within sixty days of the date the department requested it, review of the application will be terminated, the department shall return the application, and a new application shall be required for renewed consideration.

History

Effective: August 1, 1997
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-24

(A) Pursuant to the requirements of division (B) of section 1506.07 of the Revised Code, the department shall review each application for a permit as described in paragraph (B) of rule 1506-6-23 of the Administrative Code to evaluate the existing or proposed erosion control measures. Factors to be considered in the evaluation of an erosion control measure shall include, but not be limited to, the following:

(1) The potential individual or cumulative impact, including any adverse effects on sand resources and coastal processes; and

(2) The potential for accelerating erosion along the adjacent shoreline; and

(3) The stability of the existing or proposed slope; and

(4) The effectiveness of existing erosion control measures at the proposed site and along the adjacent shoreline; and

(5) The integrity of the existing or proposed erosion control measure, its appurtenances and component materials; and

(6) The effectiveness of proposed structural and/or nonstructural measures to protect the permanent structure.

(B) Within thirty days after receipt of a complete application, the director shall notify the applicant that the application is either approved or denied. If an application is approved, the director shall issue a permit, as specified in rule 1501-6-25 of the Administrative Code, to erect, construct, or redevelop the permanent structure. If an application is denied, the director shall notify the applicant of the reason for denial and of the applicant's appeal rights under section 1506.08 of the Revised Code.

(1) The proposed site is or will be protected by effective erosion control measures as determined according to criteria in paragraphs (A)(1) through (A)(6) of this rule, or

(2) Both of the following criteria are met:

(a) The permanent structure will be a movable structure or will be situated as far landward as applicable zoning resolutions or ordinances permit; and

(b) The applicant will suffer exceptional hardship if the permit is not granted.

(D) Issuance by the director of a permit to erect, construct or redevelop a permanent structure pursuant to division (B) of section 1506.07 of the Revised Code does not release the applicant from obtaining any and all other permits, leases or documents from any local, state or federal agency for the permanent structure or for the erosion control measures.

History

Effective: August 1, 1997
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-25

(A) A permit to erect, construct, or redevelop a permanent structure which lies or will lie, in whole or in part, in a lake Erie coastal erosion area shall be issued by the director after approval of the application required by rule 1501-6-23 of the Administrative Code. The permit shall be valid for a period of two years from the date of issue unless specified otherwise pursuant to provisions of this rule. No construction shall be performed until the permit is issued by the director.

(B) The permit shall include conditions, as necessary, to assure that construction of the permanent structure and any erosion control measure is in compliance with the approved application.

(C) If the proposed construction schedule required by rule 1501-6-23 of the Administrative Code exceeds a period of two years, the director may issue, on written request of the applicant, a permit which is valid for a longer period.

(D) If the permit expires before construction has begun, no construction shall be performed, and a new application with supporting information, as prescribed by rule 1501-6-23 of the Administrative Code, shall be submitted for renewed consideration.

(E) If, after construction has begun, a revised construction schedule shows that the permit will expire before construction is completed, the director, on written request of the applicant, may extend the life of the permit. No extension shall be granted unless the applicant has demonstrated to the satisfaction of the director that substantial effort has been made to complete the construction.

(F) A single permit may be issued to an applicant for the purpose of authorizing the erection, construction, or redevelopment of more than one permanent structure on a single parcel or on contiguous parcels of property owned by the applicant.

History

Effective: August 1, 1997
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-26 Inspection procedures.

(A) The director or the director's authorized representative may make inspections during construction to ensure that the permanent structure and any erosion protection measures are being built or undertaken in compliance with the permit issued pursuant to division (B) of section 1506.07 of the Revised Code. The applicant shall be given reasonable prior notice of an inspection by the department, and all inspections shall be performed at reasonable times for conducting business.

(B) If an inspection reveals that any erection, construction, or redevelopment of a permanent structure is being conducted without a permit or in violation of the permit or that a required erosion protection measure is not in compliance with the permit, the director or the director's authorized representative may order that all work shall cease until the violation has been corrected to the satisfaction of the director. The director's order shall be in writing and shall indicate the specific nature of the violation. The order shall remain in effect until the violation has been corrected to the satisfaction of the director or the director's authorized representative. The person to whom an order is issued shall be afforded an adjudication hearing pursuant to Chapter 119. of the Revised Code. The director shall sustain the order if deemed appropriate after each person allegedly liable has had a hearing or has waived the right to a hearing.

History

Effective: August 1, 1997
Promulgated Under: Ch 119.

Ohio Adm.Code 1501-6-27 Review of administrative and enforcement activities of counties or municipal corporations which have adopted lake Erie coastal erosion area resolutions or ordinances.

(A) Beginning on the thirty-first day of January following the director's notice that the lake Erie coastal erosion area resolution or ordinance of a county or municipal corporation meets or exceeds the standards of division (B) of section 1506.07 of the Revised Code, and every two years thereafter, the legislative authority of the county or municipal corporation shall submit to the director, on a form provided by the department, a report of the county's or municipal corporation's relevant administrative and enforcement activities during the previous two years.

(B) The department shall review the reports to assure compliance with section 1506.07 of the Revised Code including, but not limited to, verification of the locations of permitted permanent structures relative to coastal erosion areas.

(C) If, at any time, the director determines that a lake Erie coastal erosion area resolution or ordinance adopted by a county or municipal corporation is being inadequately administered or enforced, the director shall so notify the legislative authority of the county or municipal corporation, identifying the scope of the administrative or enforcement deficiencies and the procedure established in paragraph (D) of this rule for the legislative authority's response.

(D) After the director notifies the affected legislative authority of the deficiency, the following procedure shall apply:

(1) Within thirty days of the date of mailing of the director's notice that the resolution or ordinance is being inadequately administered or enforced, the legislative authority of the county or municipal corporation shall respond, in writing, to the director, addressing the identified deficiencies and describing with specificity any proposed remedies thereto.

(2) Within thirty days of the date of mailing of the written response from the legislative authority of the county or municipal corporation, the director shall make a final determination as to whether or not the legislative authority's response adequately addresses the identified deficiencies and provides for their correction.

(3) If the director makes a final determination that a lake Erie coastal erosion area resolution or ordinance is being inadequately administered or enforced by a county or municipal corporation, the permit requirements of division (B) of section 1506.07 of the Revised Code shall be reinstated within the territory of the affected county or municipal corporation.

(4) During any period in which the director has determined that a lake Erie coastal erosion area resolution or ordinance adopted by a county or municipal corporation is being inadequately administered or enforced, all applications to erect, construct, or redevelop a permanent structure in a lake Erie coastal erosion area shall be subject to joint review by the director and the county or municipal corporation. During this period, the county or municipal corporation shall not issue any permit for construction, erection, or redevelopment of a permanent structure which lies or will lie, in whole or in part, in a lake Erie coastal erosion area without the specific written approval of the director. The period of joint review shall commence on the fifth day after the date of mailing of the director's notice of deficiency and shall be effective until such time as the director is satisfied that any identified deficiencies have been adequately addressed by the legislative authority of the county or municipal corporation.

History

Effective: August 1, 1997
Promulgated Under: Ch 119.

Chapter 1501-7 Waters from Canal or Canal Reservoir

Ohio Adm.Code 1501-7-01 Definition of terms.

(A) "Agricultural use" means water used for crop irrigation, livestock watering, nurseries, or other agricultural purposes by a person engaged in the production of crops, vegetables, trees, shrubs, flowers, seeds, livestock, or poultry.

(B) "Applicant" means the person, individual, corporation, partnership, proprietor, or public agency that is making a request for a lease or sale of water.

(C) "Canal" means a constructed open channel or waterway that transports water and is on canal lands as defined in section 1520.01 of the Revised Code.

(D) "Canal reservoir" means any artificial lake or impoundment created by a dam that was constructed to provide water to any canal system in this state. The canal reservoirs are Buckeye Lake, East Reservoir, Forty Acre Pond, Grand Lake St. Marys, Indian Lake, Lake Loramie, Long Lake, Nesmith Lake, Nimisila Reservoir, North Reservoir, Summit Lake, Tuscarawas River Diversion Dam Reservoir, and West Reservoir.

(E) "Chief" means the chief of the division of parks and watercraft, department of natural resources, state of Ohio.

(F) "Commercial use" means water used by a business and includes, but is not limited to, motels, hotels, restaurants, marinas, and golf courses.

(G) "Dam" means any artificial barrier together with appurtenant works, which either does or may impound water or liquefied material.

(H) "Department" means the department of natural resources, state of Ohio.

(I) "Director" means the director of the department of natural resources, state of Ohio.

(J) "Division" means the division of parks and watercraft of the department of natural resources, state of Ohio.

(K) "Domestic use" means withdrawal of water from a canal or canal reservoir by an individual for use on residential property by means of a pump or other device that generally has a discharge line with an outside diameter of not more than one and one-half inches. This definition excludes water withdrawn for public water supply use.

(L) "Fire protection use" means water used for firefighting and training for firefighting.

(M) "Hydroelectric power generation use" means water used specifically for the generation of electricity by water turbines.

(N) "Person" means any agency of this state, any political subdivision of this state or the United States, or any legal entity defined as a person under section 1.59 of the Revised Code.

(O) "Public water supply use" means water used by a system that pipes water for human consumption if such system has at least fifteen service connections or regularly serves at least twenty individuals sixty or more days out of the year.

Last updated June 30, 2024 at 7:23 PM

History

Effective: June 30, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1501-7-02 Severability.

The invalidation by a court of a rule adopted or amended pursuant to division (B) of section 1520.03 of the Revised Code does not affect the validity of any other rule or portion thereof adopted or amended thereunder by the director.

Last updated June 30, 2024 at 7:23 PM

History

Effective: June 30, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1501-7-03 General provisions.

(A) It is unlawful for any person to withdraw, take, or divert water from any canal or canal reservoir operated and maintained by the director without first obtaining a lease or sale agreement from the director in accordance with section 1520.03 of the Revised Code. Any sale or lease agreement for water from a canal or canal reservoir will be administered by the division in accordance with sections 1520.03 and 1521.08 of the Revised Code.

(B) The withdrawal of water from any canal or canal reservoir for domestic use is exempt in accordance with division (C) of section 1520.03 of the Revised Code. However, the director may establish mandatory water conservation measures for water that is withdrawn from any canal or canal reservoir for domestic use during drought conditions, or emergencies declared by the governor.

(C) This chapter of the Administrative Code applies to all waters impounded in any canal reservoir or canal operated and maintained by the director except the waters of lake Erie and that portion of streams or rivers used for canal navigation.

(D) The director may sell or lease water from any canal or canal reservoir that the director operates and maintains only to the extent that the water is in excess of the quantity necessary for navigation, recreation, and wildlife purposes, and to the extent that such canal or canal reservoir was designed to yield a supply of water for a purpose other than recreation or wildlife.

(E) The quantity of water that may be sold or leased from a canal reservoir or canal will be determined by the division using accepted engineering methods and practices.

(F) Any water withdrawn for commercial, industrial, agricultural, hydroelectric power generation, or public water supply use shall be measured by a metering system or other method acceptable to the division. All withdrawals as mentioned above shall be reported to the division on a form provided by the division and within a time period specified by the division.

(G) The director may restrict water use that is authorized in lease and sale agreements issued in accordance with section 1520.03 of the Revised Code during periods of drought, dam or canal embankment emergency, or any other events that may affect water supplies.

(H) No contract or agreement to sell or lease water from a canal or canal reservoir within any state nature preserve or state natural area that is owned by the department will be sanctioned, executed, or otherwise permitted by the director.

(I) No lease or sale agreement is necessary for the use of water from a canal or canal reservoir that is operated and maintained by the director for operation of departmental facilities.

(J) Waters within any canal reservoir or canal that was constructed or purchased, wholly or in part, with funds from hunting or fishing licenses, deer and wild turkey permits, or trapping permits as provided in sections 1533.15 and 1533.33 of the Revised Code are excluded from any provisions of this chapter allowing the director to approve the sale, lease, or other distribution of such waters, except as specified in rule 1501-7-06 of the Administrative Code.

Last updated June 30, 2024 at 7:24 PM

History

Effective: June 30, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1501-7-06

(A) The director may lease or sell water from any canal or canal reservoir operated and maintained by the director during emergency situations in which water supplies are interrupted due to drought, contamination, or other circumstances. Lease or sale agreements during emergency situations may be for no more than one hundred eighty days and may only be for public water supply, fire protection, or livestock watering.

(B) If the emergency request is for a public water supply, the governing body shall have declared by resolution an emergency and have adopted and be enforcing water conservation measures.

(C) The water rate established pursuant to paragraph (D) of rule 1501-7-05 of the Administrative Code applies to emergency water lease or sale agreements except as specified in paragraph (D) of this rule.

(D) Pursuant to an emergency water withdrawal directive the director may allow water to be withdrawn from canals and canal reservoirs that are owned and operated by the department by truck or trailer tanks for emergency livestock water supply. Such water may be sold to persons at a rate determined by the director in the sale agreement.

Last updated June 30, 2024 at 7:26 PM

History

Effective: June 30, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1501-7-04 Classes of water use.

(A) The following classes of water use are hereby created: domestic, commercial, industrial, agricultural, fire protection, hydroelectric power generation, and public water supply. All determinations as to the class of water use will be made by the division.

(B) Any lease or sale agreement for commercial, industrial, public water supply, hydroelectric power generation, or agricultural water use will be for a minimum of one million gallons per year.

(C) When withdrawing water for public water supply use as a backup source from a canal or canal reservoir, the division is to be notified immediately of commencement of said withdrawal. Withdrawal amounts will be reported to the division pursuant to paragraph (F) of rule 1501-7-03 of the Administrative Code. For such withdrawals greater than one million gallons per year, the annual payment to the department will be adjusted based on the rate established pursuant to paragraph (D) of rule 1501-7-05 of the Administrative Code and the total number of gallons per year withdrawn.

Last updated June 30, 2024 at 7:25 PM

History

Effective: June 30, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1501-7-05

(A) Any person desiring to take, divert, or otherwise make use of water for commercial, industrial, agricultural, fire protection, hydroelectric power generation, or public water supply use from a canal or canal reservoir shall first submit a request in writing to the division which includes the following:

(1) The name, address, and telephone number of the applicant;

(2) The name of the appropriate contact person;

(3) The location(s) of the proposed withdrawal, diversion, or use;

(4) The intended purpose of the withdrawal, diversion, or use;

(5) The estimated quantity of water to be used annually;

(6) A description of the method of withdrawal;

(7) A description of the type of metering system to measure or method used to estimate withdrawal amounts.

(B) The chief will consult with all affected divisions in the department on all requests pursuant to paragraph (A) of this rule.

(C) Within thirty days from the date of receipt of a written request pursuant to paragraph (A) of this rule to withdraw water from a canal or canal reservoir, the director will do one of the following:

(1) Notify the applicant that the request for a lease or sale is approved or denied, and if denied, the reason for denial; or

(2) Notify the applicant of any modification or additional information needed to evaluate the request for a lease.

(D) The rate for the cost for water for commercial, industrial, agricultural, hydroelectric power generation, and public water supply uses will be determined by the following formula:

C = 500 + 250 (M-1) ^.75 C equals the annual cost in dollars and M equals the number of million gallon units of water

(E) Any lease agreement granted by the director for fire protection will be granted without cost for water to the lessee. The applicant assumes all legal and financial responsibilities for any capital operations and maintenance costs associated with such project.

(F) "Escalator clause" - the lease rate as provided for in paragraph (D) of this rule, will be recalculated every five years beginning on the first day of July following the fifth anniversary of the effective date of this rule and any increase will be at the same rate of increase as the "National Consumers Price Index" (C.P.I.). The annual base rate for calculation purposes will be the rate established by the U.S. department of labor for the city of Cleveland, Ohio, urban, all categories (C.P.I.U.) for November, 2001. That annual base rate is 172.3. The new rate will be the most recent C.P.I.U. annual rate established to the nearest month prior to the date of recalculation by the U.S department of labor. Once the new annual rate has been determined and the amount of increase has been calculated, then the new annual rate will become the base annual rate for calculation purposes for the next five year period of time. This change in rates will continue until such time as the C.P.I.U. is no longer used or the director determines that another method may be more accurate. The lease rate percentage increase will be established in the following manner:

The base annual rate will be subtracted from the new annual rate, the base rate will be divided into the difference between the base rate and the new rate and the answer will be the percentage of increase or decrease over that five year period of time:

example: new rate (nr) 176.3 - base rate (br) 172.3 = difference (df) 4.0

(df) 4.0 / (br) 172.3 = .0232 or 2.32 percent increase

current lease rate: $10,000.00 x .0232 increase = $232.00 new lease rate: $10,232.00

At no time will the lease rate charged in any lease written by the state of Ohio pursuant to section 1520.03 of the Revised Code or by these rules be lowered.

Should the United States department of labor discontinue the use of C.P.I. the director will select as nearly compatible a statistical formula on the purchasing power of the consumer dollar as is then available and published in some responsible governmental publication.

(G) Any lease or sale agreement granted under this rule will be valid for a period of time as determined by the director but will not exceed twenty-five years.

(H) Any person holding a lease or sale agreement shall permit agents, employees, or other representatives of the director to inspect any pump hookups, intake structures, or records that are required under this chapter of the Administrative Code at any reasonable time.

(I) The withdrawal of water from a canal or canal reservoir at a location other than that specified in a person's lease or sale agreement or for a use other than that specified in the agreement will be considered an unauthorized withdrawal of water under section 1520.03 of the Revised Code. Any unauthorized withdrawal will be sufficient cause for the director to terminate the agreement.

Last updated June 30, 2024 at 7:25 PM

History

Effective: June 30, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1501-7-07 Actions of the director.

(A) Any person or party claiming to be aggrieved or adversely affected by any action of the director pursuant to the rules 1501-7-01 to 1501-7-06 of the Administrative Code or section 1520.03 of the Revised Code pertaining to water leasing/sale agreements from canals and canal reservoirs is entitled to a hearing in accordance with Chapter 119. of the Revised Code if the person or party sends a written request for a hearing to the director within thirty days after the date on which the notice is mailed or otherwise provided to the person or party.

(B) Whenever a person or party requests a hearing pursuant to provisions of Chapter 119. of the Revised Code, the director will immediately set the date, time, and place for such hearing and forthwith notify the person or party thereof. The date for such hearing will be written fifteen days, but not earlier than seven days, after the person or party has requested a hearing, unless otherwise agreed to by both the director and the party.

Last updated June 30, 2024 at 7:26 PM

History

Effective: June 30, 2024
Promulgated Under: 119.03

Chapter 1501-8 Accessing Confidential Personal Information

Ohio Adm.Code 1501-8-01 Definitions.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving; whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the Ohio department of natural resources rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the Ohio department of natural resources in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the department confidential.

(E) "Department" means the Ohio department of natural resources.

(F) "Employee of the state agency" means each employee of the Ohio department of natural resources regardless of whether the employee holds an elected or appointed office or position within the Ohio department of natural resources. "Employee of the state agency" is limited to the Ohio department of natural resources.

(G) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(H) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(I) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(J) "Person" means a natural person.

(K) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(L) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(M) "Research" means a methodical investigation into a subject.

(N) "Routine" means commonplace, regular, habitual, or ordinary.

(O) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees and maintained by the Ohio department of natural resources for internal administrative and human resource purposes.

(P) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(Q) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

History

Effective: April 15, 2019
Promulgated Under: 119.03

Ohio Adm.Code 1501-8-02 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that contain confidential personal information, the department shall do the following:

(A) Criteria for accessing confidential personal information. Personal information systems of the department are managed on a basis whereby the information owner determines the level of access required for an employee of the department to fulfill the employee's job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The department shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the department, the department shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the department has no confidential personal information about the individual that is responsive to the individual's request.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the department shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the department shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the department may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system. "Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the department determines that notification would not delay or impede an investigation, the department shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the department shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The department director shall designate an employee of the department to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the department with both the implementation of privacy protections for the confidential personal information that the department maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The department director shall designate an employee of the department to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated February 27, 2023 at 9:03 AM

History

Effective: September 17, 2010
Promulgated Under: 119.03

Ohio Adm.Code 1501-8-03 Valid reasons for accessing confidential personal information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the Ohio department of natural resources' exercise of its powers or duties, for which only employees of the department may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees of the department to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the department maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure [or permit, eligibility, filing, etc.] processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(14) Complying with an executive order or policy;

(15) Complying with a department policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purpose of carrying out specific duties of the department, authorized employees would also have valid reasons for accessing CPI in these following circumstances:

(1) The office of human resources and the office of labor relations:

Providing professional and technical service to department staff and the general public regarding employee benefits, compensation, labor relations, equal employment opportunity, employee development and training.

(2) The division of parks and watercraft:

Managing the boater registration program. Employees of the division of watercraft may review CPI of individuals who are applying for or renewing a boat registration issued by the department for the purpose of managing the boat registration program.

(3) The division of wildlife:

Managing the recreational license and permit program. Division of wildlife and licensing system vendors may review CPI of individuals who hold or are applying for recreational licenses or permits issued by the department for the purpose of managing the recreational license and permit program.

(4) Department law enforcement units:

(a) Cooperating with state, county, federal, and local governments to gather and analyze information in order to protect against, respond to, and recover from catastrophic incidents, including but not limited to, acts of terrorism, natural disasters, and biological incidents;

(b) Cooperating with homeland security planning and responses for the department; and

(5) The office of external audits:

Providing auditing services to the department and associated boards and commissions.

Last updated July 16, 2021 at 9:23 AM

History

Effective: July 16, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1501-8-04 Confidentiality statutes.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the department confidential and identify the confidential personal information within the scope of rules promulgated by this department in accordance with section 1347.15 of the Revised Code; including, but not limited to the following:

(A) Social security numbers: 5 U.S.C. 552(a), federal Privacy Act of 1974, unless the individual was told that the number would be disclosed;

(B) Section 4776.04 of the Revised Code, bureau of criminal investigation and information criminal records check results;

(D) Sections 2151.355 to 2151.358 of the Revised Code, sealing and expunging juvenile court records;

(E) Sections 2953.32 to 2953.35 of the Revised Code, sealing records of conviction;

(F) Sections 2953.52 to 2953.55 of the Revised Code, sealing records of not guilty findings, dismissals, or no bill;

(G) Health Insurance Portability and Accountability Act (HIPPA) of 1996, Pub. L. No. 104-191, 29 U.S.C. 1181;

(H) The Americans with Disabilities Act (ADA) of 1990, 5 U.S.C. 8905a;

(I) The Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C. 2601;

(J) Section 4509.10 of the Revised Code, accident reports submitted pursuant to sections 4509.01 to 4509.78 of the Revised Code;

(K) Protections of criminal intelligence, 29 C.F.R. part 23;

(L) Section 109.57 of the Revised Code, protection of information provided to government agencies from the bureau of criminal investigation and information; and

(M) Section 1347.12 of the Revised Code, no requirement to notify an individual of a system breach if notification jeopardizes national security.

Last updated February 27, 2023 at 9:04 AM

History

Effective: September 17, 2010
Promulgated Under: 119.03

Ohio Adm.Code 1501-8-05 Restricting and logging access to confidential personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the department shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the department acquires a new computer system that stores, manages or contains confidential personal information, the department shall include a mechanism for recording specific access by employees of the department to confidential personal information in the system.

(C) Upgrading existing computer systems. When the department modifies an existing computer system that stores, manages or contains confidential personal information, the department shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the department to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The department shall require employees of the department who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the department is accessing confidential personal information for official department purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the department is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the department comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the department accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about that individual.

(ii) The individual makes a request that the department takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the department may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The department shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

(F) Nothing in this rule limits the department from requiring logging in any circumstance that it deems necessary.

Last updated February 27, 2023 at 9:04 AM

History

Effective: September 17, 2010
Promulgated Under: 119.03

Ohio Administrative Code 1501 — Department of Natural Resources

Chapter 1501-1 Notice of Public Hearing

Ohio Adm.Code 1501-1-01 Notice of a public hearing.

Chapter 1501-2 Water Diversion

Ohio Adm.Code 1501-2-01 Applicability.

Ohio Adm.Code 1501-2-02 Definitions.

Ohio Adm.Code 1501-2-12

Ohio Adm.Code 1501-2-05

Ohio Adm.Code 1501-2-03 Severability.

Ohio Adm.Code 1501-2-04 Lake erie and ohio river drainage basin.

Ohio Adm.Code 1501-2-06 Criteria for permit review.

Ohio Adm.Code 1501-2-07 Timetables for action on water diversion permit applications.

Ohio Adm.Code 1501-2-08 Transfer of permits.

Ohio Adm.Code 1501-2-09 Reporting requirements.

Ohio Adm.Code 1501-2-10 Appeal procedures.

Ohio Adm.Code 1501-2-11 Public participation.

Chapter 1501-3 Professional Design Services

Ohio Adm.Code 1501-3-01 Definitions.

Ohio Adm.Code 1501-3-03 Pre-design and announcement.

Ohio Adm.Code 1501-3-04 Statement of qualifications.

Ohio Adm.Code 1501-3-05 Selection process.

Ohio Adm.Code 1501-3-06 Exceptions.

Chapter 1501-4 Acceptance of Donations; Licensing of Trademarks and Copyrights

Ohio Adm.Code 1501-4-01 Donations.

Ohio Adm.Code 1501-4-02 Sponsorships.

Ohio Adm.Code 1501-4-03 Advertising.

Ohio Adm.Code 1501-4-04 Licensing.

Chapter 1501-6 Lease of Lake Erie Submerged Lands

Ohio Adm.Code 1501-6-01 Definition of terms.

Ohio Adm.Code 3745-1-05

Ohio Adm.Code 1501-6-02 Application.

Ohio Adm.Code 1501-6-03 Director's recommendations.

Ohio Adm.Code 1501-6-04 Public hearing/public meeting.

Ohio Adm.Code 1501-6-05 Lease.

Ohio Adm.Code 1501-6-06 Rental.

Ohio Adm.Code 1501-6-10 Definitions.

Ohio Adm.Code 1501-6-11 Determination of annual recession rates.

Ohio Adm.Code 1501-6-12 Determination of anticipated recession distances.

Ohio Adm.Code 1501-6-13 Preparation of coastal erosion area maps.

Ohio Adm.Code 1501-6-21 Definitions.

Ohio Adm.Code 1501-6-28

Ohio Adm.Code 1501-6-22

Ohio Adm.Code 1501-6-23 Permit application procedure.

Ohio Adm.Code 1501-6-24

Ohio Adm.Code 1501-6-25

Ohio Adm.Code 1501-6-26 Inspection procedures.

Ohio Adm.Code 1501-6-27 Review of administrative and enforcement activities of counties or municipal corporations which have adopted lake Erie coastal erosion area resolutions or ordinances.

Chapter 1501-7 Waters from Canal or Canal Reservoir

Ohio Adm.Code 1501-7-01 Definition of terms.

Ohio Adm.Code 1501-7-02 Severability.

Ohio Adm.Code 1501-7-03 General provisions.

Ohio Adm.Code 1501-7-06

Ohio Adm.Code 1501-7-04 Classes of water use.

Ohio Adm.Code 1501-7-05

Ohio Adm.Code 1501-7-07 Actions of the director.

Chapter 1501-8 Accessing Confidential Personal Information

Ohio Adm.Code 1501-8-01 Definitions.

Ohio Adm.Code 1501-8-02 Procedures for accessing confidential personal information.

Ohio Adm.Code 1501-8-03 Valid reasons for accessing confidential personal information.

Ohio Adm.Code 1501-8-04 Confidentiality statutes.

Ohio Adm.Code 1501-8-05 Restricting and logging access to confidential personal information in computerized personal information systems.

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