Welcome back to Wessler’s Grate Expectations, where we simplify stormwater management and help communities better understand the regulations that protect Ohio’s waterways.
Today, we’re discussing an important update for many smaller Ohio communities, the Ohio EPA’s new MS4 waiver process.
For many municipalities, maintaining an MS4 permit requires time, resources, and ongoing documentation. But did you know that some communities may qualify for a waiver from permit coverage?
The key question is simple...does your community still need an MS4 permit?
Under Ohio Administrative Code Rule 3745-39-03, the Ohio EPA may waive permit coverage for certain small Municipal Separate Storm Sewer Systems, or MS4s, if specific conditions are met.
One pathway applies to communities serving fewer than 1,000 people within an urbanized area.
Another applies to communities serving fewer than 10,000 people, provided detailed water quality evaluations demonstrate that additional stormwater controls are not necessary.
Receiving a waiver isn’t automatic. The Ohio EPA carefully evaluates factors such as water quality, pollutant sources, watershed conditions, and whether stormwater controls are necessary to meet water quality goals.
The agency also considers pollutants such as sediment, bacteria, oil and grease, biochemical oxygen demand, and any pollutants identified as contributing to impaired waterways.
Every community is different. That’s why understanding your watershed, reviewing available data, and evaluating your stormwater system are essential first steps in determining whether pursuing a waiver makes sense.
Even if a waiver is granted, it’s important to remember that circumstances can change. If future development, water quality conditions, or watershed impacts change over time, the Ohio EPA may require permit coverage in the future.
Additionally, anyone may petition the Ohio EPA to review an existing waiver if there is evidence that the conditions supporting that waiver have substantially changed.
Whether your community continues under an MS4 permit or may qualify for a waiver, protecting local waterways remains the goal. Every community benefits from understanding how stormwater affects water quality and making informed decisions based on sound science.
Simply put, a small Ohio community may be excused from MS4 stormwater permit requirements if the Ohio EPA determines its stormwater system is not causing significant water quality problems now or in the foreseeable future, but that waiver can be revisited if conditions change.
Ohio’s updated waiver process gives some smaller communities an opportunity to reevaluate their stormwater permitting requirements while continuing to protect the streams and rivers that make our communities great places to live.
If you’re wondering whether your community may qualify, we’re here to help.
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