SWPPP Requirements - Construction and Industrial Stormwater Permits in Ohio

Overview

A Stormwater Pollution Prevention Plan (SWPPP, sometimes written SWP3 in Ohio) is a site-specific document identifying potential sources of stormwater pollution and describing the practices used to prevent pollutants from reaching surface waters. SWPPPs are required under the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) program.

In Ohio, the NPDES stormwater program is administered by Ohio EPA’s Division of Surface Water (DSW). There are two primary types of stormwater permits that require a SWPPP: construction stormwater permits and industrial stormwater permits. They apply to different types of sites, have different triggers, and have different ongoing requirements.

Construction Stormwater

Who Needs a Permit

A construction stormwater permit is required for any construction activity that disturbs one acre or more of land. This includes sites that are part of a larger common plan of development or sale that will ultimately disturb one or more acres, even if the individual lot or phase is less than one acre.

Examples of activities that trigger the requirement: grading for a new building, residential subdivision development, road construction, pipeline installation, demolition with regrading, and any land clearing that exposes soil.

Ohio General Permit OHC000006

Most construction sites in Ohio obtain coverage under the statewide Construction General Permit (OHC000006). Separate general permits exist for the Big Darby Creek and Olentangy River watersheds, which have additional requirements due to sensitive stream resources.

Steps to Obtain Coverage

1. Prepare the SWPPP before submitting the NOI. The plan must be in place before construction begins.
2. Submit a Notice of Intent (NOI) to Ohio EPA through the STREAMS electronic system (eBusiness Center). The NOI must be submitted at least 21 days before construction begins (45 days for Big Darby Creek and Olentangy River watersheds).
3. Pay the application fee per the current fee schedule.
4. Receive authorization from Ohio EPA. The project will be added to the list of entities with NPDES stormwater general permit coverage.
5. Implement the SWPPP throughout construction.
6. Submit a Notice of Termination (NOT) within 45 days of achieving final stabilization.

What the Construction SWPPP Must Include

The SWPPP must be prepared by an experienced professional familiar with erosion and sediment controls and stormwater management practices. At a minimum, the plan must include:

Site description:

• Nature and scope of the construction activity
• Sequence and timing of soil-disturbing activities
• Total area of the site and area to be disturbed
• Soil types and existing drainage patterns
• Name and location of receiving water bodies

Erosion and sediment controls:

• Description of temporary erosion controls (silt fence, erosion blankets, check dams, inlet protection, stabilized construction entrances)
• Description of sediment controls (sediment basins, sediment traps, filter barriers)
• Stabilization practices and schedule (temporary and permanent seeding, mulching, riprap)
• Controls for each phase of construction

Stormwater management:

• Post-construction stormwater management practices (detention basins, bioretention, permeable pavement) where required
• Measures to minimize stormwater contact with disturbed soils

Other pollution prevention:

• Controls for construction site wastes (concrete washout, paint, solvents, fuel)
• Spill prevention and response procedures
• Designated areas for equipment fueling and maintenance

Inspection schedule:

• Inspections are required at least once every 7 calendar days, OR at least once every 14 calendar days and within 24 hours after a rainfall event of 0.5 inches or more in 24 hours
• Inspections must be documented with findings, corrective actions taken, and dates

Final Stabilization

Construction stormwater coverage remains active until the site achieves final stabilization. In Ohio, final stabilization generally means all soil-disturbing activities are complete and a uniform perennial vegetative cover with a density of 70% of the native background coverage has been established, or equivalent permanent stabilization measures (riprap, pavement, geotextiles) are in place.

Once final stabilization is achieved, submit the NOT within 45 days.

Waivers

Small construction sites (1 to 5 acres) may request a waiver from permit requirements if:

• A rainfall erosivity waiver applies (the R-factor during the period of construction activity is less than 5), OR
• An equivalent analysis demonstrates no water quality impacts

These waivers are rarely applicable in Ohio due to the state’s rainfall patterns.

Industrial Stormwater

Who Needs a Permit

Facilities with stormwater discharges associated with industrial activity must obtain NPDES stormwater permit coverage. Coverage is required when stormwater at the facility is exposed to industrial pollutant sources - meaning stormwater contacts or could contact industrial materials, equipment, or activities.

Ohio’s industrial stormwater general permit (OHR000007) covers facilities in specific industrial sectors defined in Appendix D of the permit. Common sectors include:

• Manufacturing (metals, chemicals, plastics, food, wood products)
• Mining and oil/gas extraction
• Scrap recycling and auto salvage
• Landfills and waste facilities
• Transportation facilities (trucking, rail, airports)
• Wastewater treatment plants
• Steam electric power generating facilities

No Exposure Certification

If all industrial materials and activities at a facility are protected from contact with stormwater (fully enclosed buildings, covered storage), the facility may qualify for a No Exposure Certification instead of full permit coverage. The certification must be renewed every 5 years and can be revoked if conditions change.

Steps to Obtain Coverage

1. Develop a SWPPP before submitting the NOI
2. Submit a Notice of Intent (NOI) to Ohio EPA through the STREAMS electronic system
3. Pay the application fee
4. Receive authorization and implement the SWPPP
5. Conduct ongoing monitoring and inspections as required by the permit

What the Industrial SWPPP Must Include

Stormwater pollution prevention team: Identify the qualified personnel responsible for developing, implementing, maintaining, and revising the SWPPP. At least one team member must participate in inspections.

Site description:

• Site map showing buildings, storage areas, loading/unloading areas, material stockpiles, waste management areas, and stormwater discharge points
• Summary of industrial activities and their potential for stormwater pollution
• Inventory of materials and chemicals stored or handled outdoors
• List of significant spills or leaks in the past 3 years

Control measures:

• Good housekeeping practices
• Preventive maintenance procedures
• Spill prevention and response procedures
• Erosion and sediment controls for exposed areas
• Management of runoff (diversion, containment, treatment)
• Employee training on stormwater pollution prevention

Inspections and monitoring:

Routine facility inspections are required at a minimum quarterly. At least one inspection per year must be comprehensive. Inspections must check all stormwater control measures, potential pollutant sources, and discharge points.

Quarterly visual assessments of stormwater discharges are required. Collect a sample during a qualifying storm event and evaluate it visually for color, odor, turbidity, floating solids, foam, oil sheen, or other obvious indicators of pollution. Document the results and keep them with the SWPPP.

Some industrial sectors have additional benchmark monitoring or effluent limit monitoring requirements. Check Appendix D of the Ohio general permit for sector-specific requirements.

Annual training: All employees whose activities may affect stormwater quality must receive training at least annually. Training should cover the SWPPP contents, spill response, good housekeeping practices, and each employee’s specific responsibilities.

Key Differences: Construction vs. Industrial SWPPPs

Feature	Construction	Industrial
Trigger	1+ acre of land disturbance	Stormwater exposed to industrial activity
Ohio permit	OHC000006	OHR000007
Duration	Temporary (until final stabilization)	Ongoing (as long as the facility operates)
Primary concern	Sediment and erosion	Industrial pollutants (chemicals, metals, oil)
Inspection frequency	Weekly or biweekly + post-storm	Quarterly + annual comprehensive
Monitoring	Visual inspections and documentation	Visual assessments + possible benchmark/effluent monitoring
Termination	NOT after final stabilization	NOT after facility closes or achieves no exposure

Common Compliance Issues

Construction sites:

• Silt fence installed improperly (not trenched in, not maintained after storms)
• Inspections not documented or not performed on schedule
• Stabilization not applied to areas that will be idle for 14+ days
• No stabilized construction entrance, leading to sediment tracking onto public roads
• SWPPP not updated to reflect site changes or new phases
• Concrete washout discharged to storm drains instead of contained

Industrial sites:

• SWPPP not updated after operational changes
• Quarterly visual assessments not performed or not documented
• Materials stored outdoors without cover or containment
• Employee training not conducted annually or not documented
• Spill response equipment not maintained or not accessible
• Discharge points not identified or monitored

SWPPP vs. SPCC

SWPPPs and SPCC plans are different programs with different regulatory bases, but they overlap at facilities that store oil and have stormwater discharges. A facility may need both:

• SPCC addresses oil storage and prevention of oil discharges to navigable waters (40 CFR 112, Clean Water Act Section 311)
• SWPPP addresses stormwater pollution from construction or industrial activities (NPDES program, Clean Water Act Section 402)

If a facility has both aboveground oil storage above the SPCC threshold and industrial stormwater exposure, it needs both plans. The SPCC plan focuses on oil containment and response; the SWPPP focuses on stormwater quality management. Some facilities combine elements of both into a single document, but each program’s requirements must be fully addressed.

Ohio-Specific Notes

• Ohio EPA DSW administers stormwater permits. NOIs and NOTs are submitted electronically through the eBusiness Center STREAMS system.
• Local municipalities may have additional stormwater requirements beyond the state general permits. Always check with the local jurisdiction.
• Ohio uses the term “SWP3” (Storm Water Pollution Prevention Plan) in its construction general permit. This is the same thing as a SWPPP.
• Ohio’s Rainwater and Land Development manual provides detailed guidance on erosion and sediment controls, post-construction BMPs, and SWPPP development. It is available on the Ohio EPA DSW website.

Source

40 CFR 122.26: Stormwater Discharges (NPDES). Ohio EPA General Permit OHC000006: Stormwater Discharges Associated with Construction Activity. Ohio EPA General Permit OHR000007: Stormwater Discharges Associated with Industrial Activity. Ohio EPA Division of Surface Water: Rainwater and Land Development Manual. OAC 3745-39-04: Ohio NPDES Requirements for Industries and Construction Activities.