Construction General Permit: Updates and Renewal Process

It’s here! The OHC000006 General Permit can be found on Ohio EPA’s website: https://epa.ohio.gov/divisions-and-offices/surface-water/permitting/storm-water-discharges-from-small-and-large-construction-activities--general-permit
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RENEWAL PROCESS
If your site is currently covered under the previous iteration of the Construction General Permit (OHC000005), that coverage will be terminated 180 days after the effective date of the new permit (April 23, 2023) if you do not submit a renewal application. You can submit the renewal application through the Ohio EPA eBusiness Center here: https://ebiz.epa.ohio.gov/  
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Once you open your active permit(s) in STREAMS, you will click “Renewal” in the action drop down list as shown in the screen shot below to bring up the renewal application form. 

​If your project is complete and will not require renewed permit coverage, you need to submit a Notice of Termination (NOT) application form through Ohio EPA’s eBusiness Center by selecting “Terminate” in the dropdown list rather than “renewal”.

PERMIT UPDATES
One of the first (and obviously most important) changes to note in the OHC000006 permit is updating “stormwater” to one word instead of two. The Table of Contents was also updated and is now hyperlinked. Additional numbering has also been provided in longer sections to make navigation easier. 

POST CONSTRUCTION RERQUIREMENTS
Extended Detention Requirements: An additional volume equal to 20% of the WQv must be incorporated into the BMP for sediment storage.

Infiltration Practices Requirements: The design infiltration rate values must be derived from site-specific measurements obtained through field tests of the in-situ soil for practices designed to infiltrate the WQv (table 4a and 4b).

Pedestrian Trails: Pedestrian trails may implement post-construction BMPs in compliance with the current version of the ODOT Location and Design Manual, Volume Two Drainage Design (Ohio EPA accepted alternative to conditions of the permit).

Redevelopment Projects (Encourages the redevelopment of areas that were not previously subjected to WQv). Must meet one or both criteria:

• A 20% net reduction of site’s volumetric runoff coefficient with soil restoration or the use of a green roof
• A portion of the site treated using a practice meeting Table 4a/4b criteria for which the WQv (see Equation 1) Alternative Post-Construction BMP

This section does not apply to previous development that was obligated to obtain CGP coverage and provide management of the WQv under previous generations of this general permit (i.e., after April 21, 2003). This is in place to prevent a reduced level of treatment.

Alternative Post-Construction BMPs:

• All alternative post-construction BMPs require EPA approval and must fall within certain technical criteria outlined in the section:
• Practice must be capable of providing sustained, long-term stormwater treatment.
• The stormwater treatment efficiency must be equivalent to that in table 4a and 4b (includes laboratory, field testing).
• The discharge rate from the practice shall be reduced to prevent erosion and protect physical and biological stream integrity.
• New permit allows both pretreatment and primary practices to properly reference the BMP testing criteria and address changes to Washington TAPE and STEPP. 

SEDIMENT BARRIERS
Language to clarify “tubular barriers” (i.e. filter sock, silt sock) are allowable practice and referenced in the Rainwater and Land Development Manual.

STREAM SETBACKS
Ohio EPA strongly recommends 50ft buffers to be maintained around surface water (including wetlands).

ELECTRONIC RECORD KEEPING

• Electronic records cannot be modified without digital audit trail.
• Modifications and people responsible for making modifications must be documented.  
• Systems need to have clear instructions for users to ensure proper use.
• Electronic records (NOI, SWP3, coverage letter, and inspection reports) must be made readily available on-site (must be able to furnish immediately for authorized representatives).

NOTICE OF TERMINATION REQUIREMENTS
Permit remains in effect until a signed Notice of Termination (NOT) form is submitted and permit coverage is terminated by the Ohio EPA.

BIG DARBY CREEK PERMIT (Does not Apply to Warren County)

• New permit prioritizes infiltration practices to address WQv.
• An alternative discharge performance standard of 50 NTUs is provided for sediment ponds.  
• Only jurisdictional ephemeral streams are subject to riparian setback requirements.

OLENTANGY RIVER PERMIT (Does not Apply to Warren County)
Only jurisdictional ephemeral streams are subject to riparian setback requirements.
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​Still have questions about the new permit and renewal process? Call Warren Co SWCD offices at (513) 695-1337 or check out further information on Ohio EPA’s website:
https://epa.ohio.gov/divisions-and-offices/surface-water/permitting/storm-water-discharges-from-small-and-large-construction-activities--general-permit