State Jurisdiction

Section 402 of the Clean Water Act authorizes EPA to issue permits under procedures established to implement the National Pollutant Discharge Elimination System (NPDES) program. The administration of this program can be, and in most cases has been, delegated to individual states.

Currently 47 States and one territory have authority to administer all or portions of the section 402 NPDES program for ‘‘waters of the United States.’’

For example, the Clean Water Act section 402 permit program regulates discharges of pollutants from ‘‘point sources’’ to ‘‘navigable waters’’ whether the pollutants reach jurisdictional waters directly or indirectly.

"Major utility facility" means: (a) Electric generating plant and associated facilities designed for, or capable of, operation at a capacity of fifty megawatts or more;

No person shall commence to construct a major utility facility in this state without first having obtained a certificate for the facility.

the power siting board shall promptly fix a date for a public hearing thereon, not less than sixty nor more than ninety days after such receipt, and shall conclude the proceeding as expeditiously as practicable.

The board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility, either as proposed or as modified by the board, unless it finds and determines all of the following:

authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code. Nothing herein shall prevent the application of state laws for the protection of employees engaged in the construction of such facility or wind farm nor of municipal regulations that do not pertain to the location or design of,

the chairman shall examine the certificate application to determine compliance with Chapters 4906-1 to 4906-7 of the Administrative Code. Within sixty days following receipt, the chairman shall either:

Describe the fire protection, safety, and medical emergency plan(s) to be used during construction and operation of the facility, and how such plan(s) will be developed in consultation with local emergency responders.

The staff report is due 15 days prior to the scheduled public hearing and typically is submitted between 60 and 90 days after the letter of completeness has been issued.

An applicant considering construction of a major utility facility or economically significant wind farm may request a preapplication conference with the board staff prior to submitting an application.

The applicant shall file a preapplication notification letter with the board at least fifteen days prior to the date of any public informational meeting(s) held pursuant to paragraph (B) of this rule.

No more than ninety days prior to submitting a standard certificate application to the board, the applicant shall conduct at least one informational meeting open to the public to be held in the area in which the project is located.

Between 21 to 7 days prior to the date of the public information meeting, public notice must be published in a locally circulated newspaper and address project need, schedule, design, and other pertinent data. At least 21 days prior to the public information meeting the applicant must send a letter to each affected property owner and tenant.

At the informational meeting, the applicant shall present maps showing the proposed facility at a scale that allows affected property owners to identify the location of their property in relation to the facility. The applicant shall solicit written comments from the attendees. The applicant shall summarize in its certificate application how many and what types of comments were received.

each owner of a property crossed and/or adjacent to the preferred and alternative routes for transmission lines and/or a new generation site within fifteen days of the filing of the accepted, complete application and shall contain the following information:

shall be published in newspapers of general circulation in those municipal corporations and counties in which the chief executive received service of a copy of the application pursuant to rule 4906-3-07 of the Administrative Code at least seven days but no more than twenty-one days before the public hearing.

At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located.

The board of county commissioners may adopt a resolution designating all or part of the unincorporated area of a county as a restricted area, prohibiting the construction of any or all of the following: (1) An economically significant wind farm; (2) A large wind farm; (3) A large solar facility.

The act prohibits a person from filing an application for a certificate, or a material amendment to an existing certificate, to construct, operate, or maintain a utility facility in a restricted area, if such a facility is prohibited in that restricted area.

The act conditions the designation of a restricted area upon the right of referendum the act grants county voters. A resolution designating a restricted area becomes effective 30 days from the day it is adopted, unless a referendum petition is filed with the board of county commissioners.

At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located.

Not later than ninety days after the public meeting described in section 303.61 of the Revised Code regarding an application for a certificate, or a material amendment to an existing certificate, for a utility facility, the board of county commissioners may adopt a resolution that does either of the following:

(1) Prohibits the construction of the utility facility that is the subject of the certificate; (2) Limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant. (B) If no resolution is adopted within the time required under this section, the application may proceed as filed with the power siting board.

Whenever an application is made to the power siting board for a certificate or a material amendment to an existing certificate for a utility facility, the board shall include two voting ad hoc members to represent the interests of the residents of the area in which the utility facility is to be located.

(C)(1) The ad hoc members shall be: (a) The chairperson of the board of township trustees of the township in which the utility facility is to be located or the chairperson's designee; (b) The president of the board of county commissioners of the county in which the utility facility is to be located or the president's designee

States that applications for a certificate or material amendment to an existing certificate for a large solar facility are not subject to the act's provisions if, as of October 11, 2021: The facility is in the PJM Interconnection and Regional Transmission Organization, L.L.C. (PJM), New Services Queue;

if, as of the effective date of this section: (1) The applicant has received a completed system impact study from PJM for the large solar facility; and (2) The applicant has paid the fee for the facilities study to PJM.

The application has been found to be in compliance with the application requirements by the PSB Chairperson (or the Chairperson’s designee) and has been accepted by PSB;

This chapter authorizes the state to participate in any national sludge management program and the national pollutant discharge elimination system, to administer and enforce the publicly owned treatment works pretreatment program, and to issue permits for the discharge of dredged or fill materials, in accordance with the Federal Water Pollution Control Act.

Construction activities disturbing one or more acres of total land or will disturb less than one acre of land but are part of a larger common plan of development or sale that will ultimately disturb one or more acres of land are eligible for coverage under this permit.

If more than one operator, as defined in Part VII of this general permit, will be engaged at a site, each operator shall seek coverage under this general permit prior to engaging in construction activities. Coverage under this permit is not effective until an approval letter granting coverage from the director of Ohio EPA is received by the applicant.

develop a stormwater pollution prevention plan (SWP3) and submit a complete Notice of Intent (NOI) form and appropriate application fee prior to the commencement of construction activity. These shall occur at least 45 days prior for sites within the Big Darby Creek and portions of the Olentangy River watersheds (including attaching SWP3 to NOI); and at least 21 days elsewhere.

For all construction activities that will disturb two or more acres of land or will disturb less than two acres that are part of a larger common plan of development or sale which will disturb two or more acres of land, the post construction BMP(s) chosen shall be able to manage stormwater runoff

The BMP(s) chosen must be sized to treat the water quality volume (WQv) and ensure compliance with Ohio’s Water Quality Standards in OAC Chapter 3745-1. The WQv shall be equivalent to the volume of runoff from a 0.90-inch rainfall

Large arrays of ground-mounted, elevated solar or photovoltaic (PV) panels are often installed with vegetated pervious ground around, between, and under them. In this case, impervious surface disconnection may be an effective approach to managing post-construction stormwater runoff shed from the PV panels.

Impervious surface disconnection cannot be used to manage the WQv for PV panels installed over gravel or other hard surfaces, where structural support (piling) will disrupt sheet flow, or where stormwater is to be collected in swales, ditches, or storm sewers.

The director of transportation with respect to all highways that are a part of the state highway system and local authorities with respect to highways under their jurisdiction, upon application in writing, shall issue a special regional heavy hauling permit authorizing the applicant to operate or move a vehicle or combination of vehicles as follows:

In addition, a local authority, as a condition of issuance of an overweight permit, may require the applicant to develop and enter into a mutual agreement with the local authority to compensate for or to repair excess damage caused to the roadway by travel under the permit.

The director of transportation may upon formal application being made to the director, grant a permit to any individual, firm, or corporation to use or occupy such portion of a road or highway on the state highway system as will not incommode the traveling public.

so occupying any road or highway on the state highway system, under and by virtue of a franchise or permit granted and in force, shall relocate their properties and all parts thereof within the bounds of the road or highway when in the opinion of the director they constitute obstructions,

Permits are required when working on the Ohio Department of Transportation's right-of-way. Common activities that occur along state, federal, and interstate highways that require right-of-way permits include: Residential, commercial, and field driveways Landscaping Utility work, including telephone, electric, gas, cable, water, sanitary sewer, and storm sewer Pipeline installation Soil boring Seismic surveys

An access request may be submitted via mail or electronically via email. Decisions for an access request will generally be provided within 30 calendar days after all necessary application information is provided and correct.

No person, partnership, or corporation shall erect, within the bounds of any highway or on the bridges or culverts thereon, any obstruction without first obtaining the approval of the board in case of highways other than roads and highways on the state highway system and the bridges and culverts thereon.

Describe measures that will be taken to improve inadequate roads and repair roads and bridges to at least the condition present prior to the project. (4) The applicant shall list all transportation permits required for construction and operation of the project, and describe any necessary coordination with appropriate authorities for temporary or permanent road closures

No person shall engage in the filling of an isolated wetland unless authorized to do so by a general or individual state isolated wetland permit.

(F) "Isolated wetland" means a wetland that is not subject to regulation under the Federal Water Pollution Control Act.

including a determination from the U.S. Army Corps of Engineers that the wetlands proposed to be covered by this general permit are not Waters of the United States and not subject to Section 404 of the Clean Water Act; 3) A completed Ohio Rapid Assessment Method (ORAM 5.0) wetland categorization form for each isolated wetland on the project site.

A proposed filling of a category 1 or a category 2 isolated wetland of one-half acre or less shall require a general state isolated wetland permit and be subject to level one review requirements established under division (B) of this section.

A proposed filling of a category 1 isolated wetland of greater than one-half acre or the proposed filling of a category 2 isolated wetland of greater than one-half acre, but less than or equal to three acres shall require an individual state isolated wetland permit and be subject to level two review requirements established under division (B) of this section.

A proposed filling of a category 2 isolated wetland of greater than three acres or a category 3 isolated wetland shall require an individual state isolated wetland permit and be subject to level three review requirements established under division (B) of this section.

30 days* General Permit Level 1 1 more than 0.5 acres Yes No 90 days* Individual Level 2 Isolated Wetland Permit Level 2 2 more than 0.5 acres but less than or equal to 3 acres 2 more than 3 acres Yes No 180 days* Individual Level 3 Isolated Wetland Permit Level 3 3 any size Yes Yes

recorded in a final jurisdictional determination (JD) which is sent to the entity requesting the JD and to Ohio EPA. PLEASE NOTE: When the applicant requests, and the U.S. Army Corps of Engineers issues, a preliminary JD, all wetlands on the proposed site are assumed to be waters of the U.S. and will not be declared isolated.