COMPLIANCE SECTION

Industrial Storm Water
General Permit Ohio Administrative
Code (OAC) Rule 3745-38

INTRODUCTION
The Ohio Environmental Protection Agency submitted a draft Industrial Storm Water General Permit (General Permit) for public notice on December 22, 1999. The general permit regulates storm water discharges associated with industrial activity. These facilities that are considered to be engaged in industrial activity, include the following:

• Facilities classified as Standard Industrial Classifications 10 through 14, 20 through 45, 5015, 5093 and 5171; and
• Facilities involved in: construction activity; sewage and wastewater treatment; landfills, land application sites and open dumps that have accepted industrial wastes; hazardous waste treatment storage, or disposal facilities; and facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N.

BACKGROUND
The Federal Water Pollution Control Act (a/k/a the Clean Water Act) provides that the discharge of pollutants to waters of the United States, from any point source, is unlawful, unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) permit. Since Ohio is a delegated NPDES state, it administers the storm water regulations. A General Permit was issued by the State of Ohio in October 1992. This General Permit expired in April 1994. The General Permit was renewed in August 1994 and expired again in February 1996. We are currently awaiting the second renewal of the General Permit. Upon renewal, Notices of Intent (NOIs) to discharge will again be accepted by the Agency for review and approval.

REQUIREMENTS
The OAC Rule 3745-38 requires the following:

• Facilities that were permitted under the expired permits must submit a new NOI form within 90 days of the Ohio EPA’s written instructions to re-notify;
• Facilities that were not permitted under the expired permits and plan to discharge storm water are required to submit an NOI 180 days prior to commencing discharge;
• A Storm Water Pollution Prevention Plan (SWP3) is required under the draft General Permit in order to minimize or eliminate the potential for contamination of storm water by industrial activities. The SWP3 must address sources of potential contamination, develop and implement ongoing procedures for minimizing or eliminating storm water pollution, and to address physical changes that may be made to the facility in order to eliminate or minimize storm water pollution;
• Annual monitoring of effluent point sources for: Section 313 SARA Title III facilities; primary metal industries; land disposal/incinerators/burner industrial furnaces; wood treatment using chlorophenolic formulations, creosote formulations, or chromium-arsenic formulations; coal pile runoffs, battery reclaimers; airports; coal-fired steam electric facilities; animal handling; meat packing; and other facilities as specified in the Rule; and
• In order to terminate the General Permit (the General Permit typically expires five years after the effective date), the facility must submit a Notice to Terminate (NOT) form to the State. Prior to submitting the NOT, all storm water discharges covered by the permit must be eliminated.

SUMMARY
If you have not complied with the expired General Permits and/or will not be in compliance with the renewed General Permit (the expired General Permit is expected to be renewed by March, 2000), and wish to discuss how we can assist your facility, please contact Adam C. Edrington or Tony Domanico at (513) 489-2255 or by e-mail at ace@paynefirm.com or aid@paynefirm.com.