August 16, 2022 – On June 1, 2022, the Ohio Environmental Protection Agency’s (EPA) recent updates to industrial stormwater general permits became effective. Industrial stormwater general permits cover stormwater discharges from new and existing point sources associated with industrial activity to surface waters of the State. Development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) is required by the general permit. There are two major substantive changes to the general permitting program under the new updates. Four quarterly benchmark samples must now be taken within the first eight quarters (two years) of permit coverage, rather than the previous twelve quarter (three year) deadline. Additionally, facilities that exceed a benchmark value must now make the necessary modifications and then take four more quarterly samples (during years 3 and 4 of the permit) to determine if correct actions were effective in reducing the pollutant discharge.
All facilities that had general permits prior to the update and intend to continue coverage must submit a renewal Notice of Intent (NOI) application and pay a $350 application fee. For existing dischargers, NOIs are due to Ohio EPA within 90 days of the effective date (August 30, 2022), and can be submitted using Ohio EPA’s electronic application form. Existing dischargers must also review and update their SWPPP, as required by the general permit, within 180 days of the effective date (November 28, 2022).
Ulmer & Berne’s Environmental Practice has been ranked among the U.S. News – Best Lawyers’ “Best Law Firms” and is available to assist with all aspects of stormwater permitting, environmental investigations, and remediation. Please reach out to our attorneys if you have any questions.
The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. Please continue to follow these updates at ulmer.com. This legal update was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney client relationship. For any questions, or for further information, please contact David A. Meyer at firstname.lastname@example.org or Mary C. Hofmann at email@example.com.