Ohio § 1521.23 Applying for permit for major increase in withdrawal of waters of state

Ohio Statutes

§ 1521.23 — Applying for permit for major increase in withdrawal of waters of state

Ohio § 1521.23

Title 15Conservation of Natural Resources

Ch. 1521Division Of Water Resources

This text of Ohio § 1521.23 (Applying for permit for major increase in withdrawal of waters of state) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 1521.23 (2026).

Text

(A)Except as provided in divisions (D) and (E) of this section, no person shall allow a facility that the person owns or operates to withdraw waters of the state in an amount that would result in a new or increased consumptive use of more than an average of two million gallons of water per day in any thirty-day period without first obtaining a permit from the chief of the division of water resources under section1521.29of the Revised Code.

(B)Prior to developing a new or increased withdrawal or consumptive use capacity that would facilitate a withdrawal requiring a permit under section1521.29of the Revised Code, an owner or operator of a facility shall submit an application for a permit to the chief on a form the chief prescribes. The applicant shall declare and document all of the foll

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(A) Except as provided in divisions (D) and (E) of this section, no person shall allow a facility that the person owns or operates to withdraw waters of the state in an amount that would result in a new or increased consumptive use of more than an average of two million gallons of water per day in any thirty-day period without first obtaining a permit from the chief of the division of water resources under section1521.29of the Revised Code.

(B) Prior to developing a new or increased withdrawal or consumptive use capacity that would facilitate a withdrawal requiring a permit under section1521.29of the Revised Code, an owner or operator of a facility shall submit an application for a permit to the chief on a form the chief prescribes. The applicant shall declare and document all of the following in the application:

(1) The facility's current withdrawal capacity per day if the withdrawal is to occur at a facility already in operation;

(2) The total new or increased daily withdrawal capacity proposed for the facility;

(3) The locations and sources of water proposed to be withdrawn;

(4) The locations of proposed discharges or return flows;

(5) The locations and nature of proposed consumptive uses;

(6) The estimated average annual and monthly volumes and rates of withdrawal;

(7) The estimated average annual and monthly volumes and rates of consumptive use;

(8) The effects the withdrawal is anticipated to have with respect to existing uses of water resources;

(9) A description of other ways the applicant's need for water may be satisfied if the application is denied or modified;

(10) A description of the conservation practices the applicant intends to follow;

(11) All information required under sections1521.24to1521.27of the Revised Code if the sources of water for the proposed withdrawal are ground water;

(12) Any other information the chief may require by rule.

(C) Each application shall be accompanied by a nonrefundable fee of one thousand dollars, which shall be credited to the water management fund created under section1521.22of the Revised Code.

(D) A major utility facility that is subject to regulation under Chapter 4906. of the Revised Code, a facility that is subject to regulation under Chapter 1514. of the Revised Code, or a facility that is required to obtain a permit under sections1522.10to1522.30of the Revised Code need not obtain a permit under section1521.29of the Revised Code.

(E) A public water system, as defined in section6109.01of the Revised Code, that withdraws waters of the state in an amount that would result in a new or increased consumptive use of more than two million gallons per day need not obtain a permit under section1521.29of the Revised Code if one of the following applies:

(1) The public water system was in operation on June 29, 1988, and no substantial changes in the design capacity are proposed for that system.

(2) A public water system that is proposed to be constructed or installed, or an existing system for which changes are proposed, encompasses only water distribution facilities.