Ohio Code § 6111.32

§ 6111.32.

(A) In order to ensure the regular and orderly maintenance of federal navigation channels

and ports in this state, the director of environmental protection shall endeavor to

work with the United States army corps of engineers on a dredging plan that focuses

on long-term planning for the disposition of dredged material consistent with the

requirements established in this section. (B) On and after July 1, 2020, no person shall deposit dredged material in the portion

of Lake Erie that is within the jurisdictional boundaries of this state or in the

direct tributaries of Lake Erie within this state that resulted from harbor or navigation

maintenance activities unless the director has determined that the dredged material

is suitable for one of the locations, purposes, or activities specified in division

(C) of this section and has issued a section 401 water quality certification authorizing

the deposit. (C) The director may authorize the deposit of dredged material in the portion of Lake

Erie that is within the jurisdictional boundaries of this state or in the direct tributaries

of Lake Erie within this state that resulted from harbor or navigation maintenance

activities for any of the following: (1) Confined disposal facilities; (2) Beneficial use projects; (3) Beach nourishment projects if at least eighty per cent of the dredged material is

sand; (4) Placement in the littoral drift if at least sixty per cent of the dredged material

is sand; (5) Habitat restoration projects; (6) Projects involving amounts of dredged material that do not exceed ten thousand cubic

yards, including material associated with dewatering operations related to dredging

operations. (D) In order to coordinate the activities and responsibilities established under this

chapter and Chapter 1506. of the Revised Code, the director shall consult with the

director of natural resources when approving the location in which dredged material

is proposed to be deposited in the portion of Lake Erie that is within the jurisdictional

boundaries of this state or in the direct tributaries of Lake Erie within this state. (E) The director of environmental protection, in consultation with the director of natural

resources, may determine that financial, environmental, regulatory, or other factors

exist that result in the inability to comply with this section.  After making that determination, the director of environmental protection, through

the issuance of a section 401 water quality certification, may allow for open lake

placement of dredged material from the Maumee river, Maumee bay federal navigation

channel, and Toledo harbor. (F) The director may adopt rules in accordance with Chapter 119. of the Revised Code

that are necessary for the implementation of this section.