Ohio Statewide Rule

Ohio NPDES Stormwater Discharge Permit Program

Heavy RestrictionsApplies statewide across Ohio (2026)

Key Facts

Construction Threshold: One acre or more disturbed
Required Plan: Stormwater Pollution Prevention Plan
Civil Penalty Cap: $10,000 per day
Permitting Authority: Ohio EPA Division of Surface Water
Statute: ORC Chapter 6111

Last verified: September 5, 2026Source: Ohio Laws & Administrative Rules

Summary

Ohio Revised Code Chapter 6111 grants the Ohio EPA exclusive authority to regulate stormwater discharges to waters of the state under the federal NPDES program, establishing universal permit requirements for construction sites and MS4 communities.

(A) The director of environmental protection, consistent with the Federal Water Pollution Control Act and the regulations adopted thereunder, without application therefor, may issue, modify, revoke, or terminate a general permit under this chapter for both of the following: (1) Discharge of stormwater; the discharge of liquids, sediments, solids, or water-borne mining related waste, such as, but not limited to, acids, metallic cations, or their salts, from coal mining and reclamation operations; or treatment works whose discharge would have de minimis impact on the waters of the state receiving the discharge; (2) Installation or modification of disposal systems or any parts thereof, including disposal systems for stormwater or for coal mining and reclamation operations.

Source: Ohio Laws & Administrative RulesView official code

Full Breakdown

ORC 6111.04 prohibits any person from causing pollution of waters of the state without a permit, and ORC 6111.03 authorizes the Ohio EPA Director to issue NPDES general and individual permits. Construction activities disturbing one or more acres must obtain coverage under the Construction General Permit, prepare a Stormwater Pollution Prevention Plan (SWP3), and install sediment and erosion controls. Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas must hold MS4 permits and implement the six minimum control measures. Local governments may adopt stricter rules but cannot weaken state and federal standards.

Violations & Penalties

Discharging without an NPDES permit, exceeding effluent limits, or failing to implement an approved SWP3 may result in administrative orders, civil penalties up to $10,000 per day per violation under ORC 6111.09, and criminal liability for knowing violations.

Frequently Asked Questions

When does an Ohio construction project need a stormwater permit?

Any construction activity disturbing one or more acres of land, or part of a larger common plan of development, must obtain coverage under the Ohio EPA Construction General Permit before earth-disturbing activity begins.

What is an MS4 community in Ohio?

An MS4 is a Municipal Separate Storm Sewer System operated by a city, village, county, or special district in an urbanized area, required by Ohio EPA to hold a permit and implement six minimum stormwater control measures.

What penalties apply for unpermitted stormwater discharges in Ohio?

ORC 6111.09 authorizes civil penalties up to $10,000 per day per violation, plus injunctive relief and criminal sanctions for knowing or negligent unpermitted discharges to waters of the state.

Sources

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