For a long period of time, U.S. EPA exempted stormwater from coverage under the Clean Water Act. This was largely due to the fact that EPA had enough on to do in simply regulating discharges from traditional point sources of water pollution. In 1987, Congress gave EPA the authority to regulate stormwater discharges from "presumptively
Ohio Supreme Court Invalidates Nearly Two Thousand Water Quality Determinations
The Ohio Supreme Court provided a major set back to the Ohio EPA efforts to establish water quality based discharge limits in its surface water discharge permits (i.e. NPDES permits). The Court determined in Fairfield County v. Nally that TMDLs must go through formal administrative rulemaking before they can be used to support discharge limits
Ohio EPA Begins Policy to Rotate Inspectors
Ohio EPA has recently announced a new policy of rotating personnel within its districts and divisions. The new policy will apply to inspectors and staff, but will not apply to management.
The policy is intended to provide Ohio EPA staff with a wider range of experience and technical skill.
This from Director Butler
Ohio Looks to Tighten Nutrient Regulation to Address Toxic Algae
Pardon the pun, but toxic algae has been a growing problem in Ohio. Significant issues with toxic algae have occurred in Lake Erie, Grand Lake St. Marys and elsewhere. In fact, Ohio EPA recently added a new feature to their webpage in which you can track and identify toxic algae issues around the state:
NPDES General Permit for Industrial Activities – Feds and States Head toward Numeric Limits in Storm Water NPDES Permits
Traditionally, EPA has regulated storm water differently than point source discharges. Regulators recognized that it was easier to install new technology to reduce pollutant loading from a specific industrial process with a specific "end of pipe" discharge point. Storm water was much more unpredictable.
Therefore, U.S. EPA regulated storm water using general NPDES permits without specific
U.S. EPA to Start All Over on Numeric Limits for Construction Site Stormwater
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For over three years, U.S. EPA had been moving toward a seismic shift in how it regulated stormwater run-off from construction sites. For the first time, U.S. EPA tried to impose a numeric permit limit on the turbidity of water (sediment mixed with water) that leaves construction sites following rain events. EPA ‘s efforts are
Ohio and Pennsylvania Debate Regulation of Hydraulic Fracking Wastewater
Hydraulic fracking provides the opportunity to tap into massive natural gas reserves which is located deep beneath the earth. In Ohio and Pennsylvania, Marcellus and Utica Shale is sedimentary rock which contains huge quantities of natural gas.
Hydraulic fracking uses water injected at high pressure to break up the rock allowing the gas to be released into wells. The process uses
Bay Village Debates Riparian Setback Ordinance
Bay Village has been debating establishing a riparian setback for the last few years. The proposal which began with a 75 foot setback has now been scaled down to 25 feet. Yet the ordinance is still controversial and City Council decided to delay its vote enacting the provision.
The debate before Council was covered in
Are Local Government’s Mandated to Adopt Riparian Setbacks
Northeast Ohio has led the state in the adoption of ordinances that establish setback requirements from streams and wetlands. Buried within municipal codes is the requirement to stay out of buffer areas surrounding streams and wetlands.
Homeowners, businesses and developers often learn of these requirements after they go to the City with their designs for
U.S. EPA to Impose Numeric Discharge Limits at Construction Sites
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On November 23, 2009, the U.S. Environmental Protection Agency (EPA) finalized new rules intended to control stormwater pollution from construction sites. The rule takes effect on February 2010 and will be phased in over four years.
The most significant new requirement is the imposition of numeric discharge limits from larger construction sites. In the past, U.S. EPA required construction site owners/operators to