Uncontrolled stormwater runoff from construction sites can significantly impact our streams, rivers and lakes. Erosion and sedimentation from construction sites can lead to reduced water quality and other environmental problems.
The construction process can create a significant amount of silt and sediment in a short period of time. The primary method to control stormwater discharges is through the use of best management practices (BMPs) to reduce pollutants in any stormwater runoff.
To limit the negative impacts of construction projects on Ohio’s waters, the Ohio EPA Division of Surface Water administers a permitting program designed to document construction activity in the state and require practices that keep pollutants out of the streams. The permitting program is mandated by the Clean Water Act and is part of the NPDES (National Pollutant Discharge Elimination System) program. Construction activities disturbing one or more acres of total land, or will disturb less than one acre of land but are part of a larger common plan of development or sale that will ultimately disturb one or more acres of land will need a permit to discharge stormwater from the site. These sites must get permit coverage under the Ohio EPA’s Construction General Permit #OHC000006 for discharge of stormwater associated with construction activity.
Ohio EPA’s Construction General Permit (CGP)
Construction site stormwater runoff is regulated by the OHIO ENVIRONMENTAL PROTECTION AGENCY AUTHORIZATION FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY UNDER THE NATIONAL DISCHARGE ELIMINATION SYSTEM (Ohio EPA Permit No.: OHC000006). This current permit came into effect on April 23, 2023 under the Ohio EPA’s Stormwater Program. A Notice of Intent (NOI) application must be submitted at least 21 days prior to the initiation of construction activities and requires that a Stormwater Pollution Prevention Plan (SWP3) be completed prior to the submittal of the NOI application.
Please note the following due to the release of the CGP on April 23, 2023. In order to continue coverage from the previous generations of this permit, the permittee shall review and update the SWP3 to ensure that this permit’s requirements are addressed within 180 days after the effective date of this permit. If it is infeasible for you to comply with a specific requirement in this permit because (1) the provision was not part of the permit you were previously covered under, and (2) because you are prevented from compliance due to the nature or location of earth disturbances that commenced prior to the effective date of this permit, you shall include documentation within your SWP3 of the reasons why it is infeasible for you to meet the specific requirement.
Please review the OEPA Fact Sheet for an overview of updates addressed with the sixth generation of the Construction Stormwater general permit (Permit No. OHC000006).
City of Oregon Construction Site Stormwater Requirements
The Stormwater Pollution Prevention Plan (SWP3) and the design of Construction Site stormwater controls shall be in accordance with the Ohio EPA’s Construction General Permit #OHC000006, the City of Oregon’s Stormwater Management Plan, Codified Ordinances of Oregon, Ohio Section 1177.06 Storm Sewers, and the City of Oregon’s Stormwater Requirements for Site Plan Development.
Stormwater Pollution (SWP3) Background
A Stormwater Pollution Prevention Plan (SWP3) shall be developed for construction activities disturbing one or more acres of total land, or will disturb less than one acre of land but are part of a larger common plan of development or sale that will ultimately disturb one or more acres of land. The SWP3 will need to be developed to ensure the implementation of BMPs that reduce pollutants in stormwater discharges during construction and pollutants associated with post-construction activities. The SWP3 must contain a description of the post-construction BMPs that will be installed during construction for the site and the rationale for their selection to meet water quality standards in OAC Chapter 3754-1.
The SWP3s shall be prepared in accordance with sound engineering and/or conservation practices by a professional experienced in the design and implementation of standard erosion and sediment controls and stormwater management practices addressing all phases of construction. The SWP3 shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges from the site. Detailed drawings and a maintenance plan shall be provided for all post-construction BMPs as part of the SWP3. Maintenance plans shall include a list of the responsible parties for each maintenance requirement and their contact information, proposed maintenance intervals, and a disposal plan for any material removed from the BMP. If maintenance of post-construction BMPs is to be contracted, a copy of the maintenance contract shall be included.
The SWP3 shall fulfill the requirements of the Ohio EPA Permit and must be retained at the construction site at all times during the construction activity.
Stormwater Pollution Prevention Plan (SWP3) Submittal Requirements
The TMACOG Stormwater Coalition provides a forum for local governments to address drainage, erosion, stormwater pollution, and stormwater management regulations on a cooperative, watershed basis. During 2015, members worked collaboratively to develop a common construction site plan submittal process for many jurisdictions in the region. The goal is to simplify the site plan review process while satisfying OEPA Construction General Permit requirements. This process and the required documentation listed below have been adopted by many jurisdictions in the area.
Effective January 1, 2016, the City of Oregon will require that the following documents are included with site plan submittals.
- Stormwater Pollution Prevention Plan (SWP3) Submittal Cover Sheet & SWP3 Contact List
- Contractor Contact Sheet and Certification Form for each contractor
- One (1) copy of complete SWP3 (plan sheets, documents, forms, etc)
- One (1) copy of completed Ohio EPA SWP3 Checklist
- One (1) copy of storm drainage, sediment settling pond, and post construction stormwater quality calculations
- One (1) copy of BMP maintenance agreement with long-term maintenance plan
- Digital copy (PDF) of all items submitted
Stormwater Pollution Prevention Plan (SWP3) Guidance
USEPA: Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites
Notice of Intent Requirements
According to the Ohio EPA Permit No. OHC000005, “Operators that discharge stormwater associated with construction activity must submit an NOI application form in accordance with the requirements of Part II of this permit to obtain authorization to discharge under this general permit.” The Notice of Intent (NOI) can be found on the Ohio EPA Division of Surface Water’s website Program Forms and Permits.
Stormwater Construction Site Inspection Requirements
The Ohio EPA Permit No. OHC000005 states, “At a minimum, procedures in an SWP3 shall provide that all controls on the site are inspected at least once every seven calendar days and within 24 hours after any storm greater than one-half inch of rain per 24 hour period.”
Inspections of construction BMPs are required to be performed by “qualified inspection personnel” to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate and properly implemented in accordance with the schedule. The Construction Site Inspection Checklist can be utilized to assure that all Best Management Practices all working properly.
All temporary and permanent control practices shall be maintained and repaired as needed to ensure continued performance of their intended function. All sediment control practices must be maintained in a functional condition until all up slope areas they control are permanently stabilized.
Erosion and Sediment Control Basic Principles
- Install BMPs to control erosion and sediment and manage stormwater.
- Minimize open area by phasing or sequencing construction and preserving existing vegetation where possible.
- Divert stormwater away from disturbed or exposed areas when possible.
- Inspect the site regularly and properly maintain BMPs, especially after rainstorms.
- Revise the plan as site conditions change during construction and improve the plans if BMPs are not effectively controlling erosion and sediment.
- Keep the construction site clean by putting trash in trash cans, keeping storage bins covered, and preventing or removing excess sediment on roads and other impervious surfaces.
Erosion and Sediment Control for Small Lot Construction
Per Ohio EPA, “For residential or commercial developments with sublots, NPDES permit coverage must be continued on every lot until the lot achieves final stabilization as defined in Part VII of the CGP. For developments with a centralized control (i.e., sediment settling ponds or inlet protection), which receives drainage from multiple lots, the developer may be required to maintain the centralized control until all of the homes are built with the land temporarily stabilized.”
The Ohio EPA requires, “If a developer opts to transfer permit responsibility to the new lot owner or operator building the structure (homebuilder) once the lot is sold, the new lot owner must submit an Individual Lot Notice of Intent application at least 7 days prior to initiating construction activities. The developer must allow the new lot owner access to the developer’s SWP3. The new owner must then maintain and/or install any lot specific sediment controls and develop a site map indicating the location of the BMPs. Once the Inpidual Lot NOI is processed, the new lot owner is responsible for complying with the CGP on his or her lot.”
The City of Oregon issued requirements for erosion and sediment control for small lot construction sites on January 30, 2004.
Notice of Termination Requirements
Per Ohio EPA, “The terms and conditions of this permit shall remain in effect until a signed Notice of Termination (NOT) form is submitted. Failure to submit an NOT constitutes a violation of this permit and may affect the ability of the permittee to obtain general permit coverage in the future.”
The requirements for site Notice of Termination are located in Part IV of the Ohio EPA Permit No. OHC000005.
“Ohio EPA recommends that the erosion, sediment, and stormwater management practices used to satisfy the conditions of this permit (CGP), should meet the standards and specifications in the current edition of Ohio’s Rainwater and Land Development manual.