RULES: Permit to Install - Division of Surface Water - OAC Chapter 3745-42
Permit to Install Rules - (OAC Chapter 3745-42)
What does OAC Chapter 3745-42 cover?
Chapter 3745-42 of the Ohio Administrative Code (OAC) covers the requirements for wastewater permits to install (PTIs).
What step is this in the rulemaking process?
This step in Ohio EPA’s rulemaking process, required by Ohio Revised Code (ORC) 121.39, is called Interested Party Review. During this step, the Agency makes available draft rules for interested parties for review and comment. This step occurs after the Early Stakeholder Outreach comment period.
Which rules are under review?
Nine rules in Chapter 3745-42 are being reviewed in this five-year rule review. Rule 3745-42-13 will be reviewed in the near future in a separate rule package.
What types of changes are being considered?
The Agency is reviewing existing rules in OAC Chapter 3745-42 in accordance with the five-year rule review requirements in Ohio Revised Code (ORC) 106.03. The following significant revisions are being considered at this time:
3745-42-01
Added definition for duly authorized representative.
Updated definition for professional soil scientist.
3745-42-02
Added exemption for boat washes at marinas.
Updated building sewer to include force mains that serve a single structure.
Expanded (B)(12) from 500 to 1000 gallons per day.
Increased the expiration of a PTI from 18 to 60 months.
3745-42-03
Updated it to reflect electronic submissions.
Clarified needing signatures from receiving POTW that the system will discharge to.
Updated the financial requirements for privately owned systems.
3745-42-04
Clarified the Director’s criteria.
3745-42-05
Clarified the design flow for gas stations.
3745-42-06
Updated expiration date to 60 months.
3745-42-07
Added design requirements for storage facilities to this chapter. They were previously in 42-13.
For lagoons, added an isolation distance for 1,000 feet from a dwelling.
Included all public water systems in siting requirements.
3745-42-08
Added isolation distances for dwellings.
3745-42-11
Rearranged the rule to flow better between industrial and sewage holding tanks.
Added exemption for construction trailers with a tank attached.
Removed redundant portions.
In addition, all rules will receive language and format changes as needed to update reference citations, improve ease of use and consistency, reduce regulatory restrictions, correct any errors, and conform to the requirements of the Legislative Service Commission style manual.
OAC 3745-42-13 will be going through a separate rulemaking process to give Ohio EPA more time to receive additional comments and perform a more in-depth review to help improve the rule’s applicability to the regulated community. If you have comments specific to 3745-42-13 at this time, please contact Tony Nosko at Anthony.Nosko@epa.ohio.gov.
Where does the new information come from?
Revisions to the rules come from input received from stakeholders, other agencies and divisions, and from internal staff who review PTIs.
How will the draft rules affect the regulated community?
The draft rule revisions help provide a better understanding of requirements of a PTI application. A majority of the changes incorporate existing guidance and policy into the rule, making existing practice more transparent.
What additional information is the Agency seeking?
The Agency is seeking comments from interested stakeholders (public, local officials, National Pollutant Discharge Elimination System [NPDES] permit holders, industry sectors, other state agencies, consultants, and environmental organizations) who may be impacted by these draft rule amendments. General comments and specific factual information are welcome.
How can I comment on the draft rules?
Please enter your comments below or upload a comment document.
Comments on the draft rules must be received no later than 5 p.m. June 9, 2025.
How can I get more information?
Information is available on the Ohio EPA Division of Surface Water website:
Permit to Install Rules - (OAC Chapter 3745-42)
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