Ohio Code 6111.011 – Environmental enforcement authority over ephemeral features
(A) The exclusion of certain ephemeral features from the definition of waters of the state under section 6111.01 of the Revised Code does not affect the director of environmental protection’s authority to do all of the following:
Terms Used In Ohio Code 6111.011
- Ephemeral feature: means surface water flowing or pooling only in direct response to precipitation, such as rain or snow. See Ohio Code 6111.01
- state: means the state of Ohio. See Ohio Code 1.59
- 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, except those private waters that do not combine or effect a junction with natural surface or underground waters. See Ohio Code 6111.01
(1) Administer and enforce Chapter 3734 of the Revised Code with regard to any discharge, deposit, dumping, or placement of wastes regulated under that chapter in an ephemeral feature;
(2) Administer and enforce Chapter 3714 of the Revised Code with regard to any discharge, deposit, dumping, or placement of construction and demolition debris in an ephemeral feature;
(3) Take any other authorized actions under the Revised Code, other than Chapter 6111 of the Revised Code, that apply to the discharge, deposit, dumping, or placement of waste, debris, or other materials in an ephemeral feature.
(B) The exclusion of certain ephemeral features from the definition of waters of the state under section 6111.01 of the Revised Code does not affect the authority of any state agency, other than the environmental protection agency, to take any authorized actions under the Revised Code, other than Chapter 6111 of the Revised Code, that apply to the discharge, deposit, dumping, or placement of waste, debris, or other materials in an ephemeral feature.
Last updated May 11, 2022 at 4:03 PM