Ohio Code § 6111.042

§ 6111.042.

In accordance with Chapter 119. of the Revised Code, the director of environmental

protection shall adopt and enforce, and may modify and rescind, rules setting forth

and requiring compliance with national effluent limitations, national standards of

performance for new sources, national toxic and pretreatment effluent standards, and

national sludge use and disposal standards, as necessary in order to ensure compliance

with sections 301, 306, 307, and 405 of the Federal Water Pollution Control Act. 1 No person shall violate any such rule, except in compliance with the terms and conditions

of a permit issued under section 6111.03 of the Revised Code . To the extent the effluent limitations adopted by the administrator of the United

States environmental protection agency pursuant to section 304 of the Federal Water

Pollution Control Act are inapplicable, the director may establish on a case-by-case

basis effluent limitations in a permit issued under section 6111.03 of the Revised Code , based upon best professional judgment.  In establishing such effluent limitations, the director shall take both of the following

into consideration: (A) The appropriate technology for the category or class of point sources of which the

applicant is a member, based on all available information, including the administrator's

draft or proposed development documents or guidance;  the total cost of achieving

the limitations in relation to the effluent reduction benefits to be achieved;  the

age of equipment and facilities involved;  the process employed;  the engineering

aspects of the application of various types of control techniques and process changes;

 nonwater quality environmental impact, including energy requirements;  and other

factors that would have been appropriate for the administrator to consider pursuant

to section 304 of the Federal Water Pollution Control Act; 2 (B) As to the applicant for the permit, any unique factors regarding the considerations

set forth in division (A) of this section. 1

 33 U.S.C.A. § 1311, 1316, 1317, and 1345. 2

 33 U.S.C.A. § 1314.