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    Ohio EPA releases draft NPDES construction storm water general permit

    On February 9, 2018, the Ohio EPA issued a public notice of its fifth-generation draft general NPDES permit for the statewide regulation of storm water associated with construction activities (Permit No. OHC000005). The permit would authorize storm water discharges from construction activity disturbing one or more acres and would be applicable statewide. Current permittees with existing coverage under previous iterations of the general permit would have continuing coverage under the new permit upon the submittal of a timely renewal application, submitted within 90 days from the effective date of the new general permit.

    The permit would additionally authorize some discharges that are not entirely considered construction storm water, such as trench dewatering, as well as storm water discharges associated with on-site concrete and asphalt batch plants. Moreover, the Ohio EPA has proposed the current NPDES construction storm water general permits for the Big Darby Creek Watershed and for portions of Olentangy River Watershed be combined into the statewide permit, so that in total there would be only one general permit. 

    Additional proposed modifications include: changes to the definitions of operator, general contractor and subcontractor; perpetual management of runoff quantity and quality through post-construction best management practices (BMPs); changes to storm water volume calculations for both pre- and post-construction site conditions; and agency pre-approval of alternative post-construction BMPs prior to Notice of Intent submittal.

    The Ohio EPA has scheduled a public hearing to accept comments on the draft general permit to be held March 28, 2018, at 2:30 p.m. Interested persons may submit written comments to the Ohio EPA on the draft general permit by no later than 5 p.m. on April 4, 2018.

    This is for informational purposes only. It is not intended to be legal advice and does not create or imply an attorney-client relationship.

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