Download the Ohio EPA SWP3 Checklist for Construction Activities:
NPDES Statewide Construction Stormwater General Permit (CGP) Requirements
Note: This checklist does not include information on groundwater recharge and stream setback requirements for the Big Darby Creek and Olentangy River Watershed.
The April 23, 2018 renewal of the CGP requires an SWP3 to be completed prior to the submittal of a Notice of Intent (NOI) application to obtain coverage under the CGP. The NOI application must be submitted at least 21 days prior to the initiation of construction activities (45 days if within the Big Darby Creek or portions of the Olentangy River Watersheds). The SWP3 contents are described in Part III of the CGP, unless within the Big Darby Creek or portions of the Olentangy River Watersheds. Although the SWP3 does not need to be submitted to Ohio EPA to obtain coverage under the CGP, it must be retained at the construction site at all times during the construction activity. However, the local governing authority (i.e., county, city, village, or township) may require approval of an SWP3 or a sediment and erosion control plan prior to initiation of construction activities.
An SWP3 must address all minimum components of the CGP and conform to the specifications of Ohio Department of Natural Resources' Rainwater and Land Development Manual. This manual describes Ohios standards for stormwater management, land development, and urban stream protection.
A Note About Sublots
For residential or commercial developments with sublots, NPDES permit coverage must be continued on every lot until the lot achieves final stabilization as defined in Part VII of the CGP. For developments with a centralized control (i.e., sediment settling ponds or inlet protection), which receives drainage from multiple lots, the developer may be required to maintain the centralized control until all of the homes are built with the land temporarily stabilized.
- If a developer either decides or is required to maintain permit responsibility on lots where structures are being built, the developers SWP3 must include a detailed drawing of a typical sublot showing standard best management practices (BMPs) with notes specifying measures for critical areas that must be included in the SWP3.
- If a developer opts to transfer permit responsibility to the new lot owner or operator building the structure (homebuilder) once the lot is sold, the new lot owner must submit an Individual Lot Notice of Intent (Individual Lot NOI) application at least 7 days prior to initiating construction activities. The developer must allow the new lot owner access to the developers SWP3. The new owner must then maintain and/or install any lot specific sediment controls and develop a site map indicating the location of the BMPs. Once the Individual Lot NOI is processed, the new lot owner is responsible for complying with the CGP on his or her lot.
A Note About Final Stabilization
Once a construction site reaches final stabilization, a permittee must submit a Notice of Termination (NOT) form to Ohio EPA within 45 days of completion of all permitted land disturbance activities. An NOT form can only be submitted when one or more of the following conditions are met:
- Final stabilization (as defined in Part VII of the CGP) has been achieved on all portions of the site for which the permittee is responsible (including, if applicable, returning agricultural land to its pre-construction agricultural use);
- Another operator(s) has assumed control over all areas of the site that have not been finally stabilized;
- For residential construction only, temporary stabilization has been completed and the lot, which includes a home, has been transferred to the homeowner. (Note: individual lots without housing which are sold by the developer must undergo final stabilization prior to termination of permit coverage.); or
- An exception has been granted under Part III.G.4 of the CGP.