Ohio Administrative Code Title 901:13 - Water Pollution and Soil Erosion
Ohio Administrative Code Title 901:13 – Water Pollution and Soil Erosion
Overview
OAC Title 901:13 governs the regulations related to water pollution control and soil erosion prevention in Ohio. These rules are designed to protect Ohio’s water resources from contamination and to manage soil erosion resulting from various land uses, including agriculture, construction, and industrial activity.
The Title is enforced by the Ohio Environmental Protection Agency (Ohio EPA) and other relevant state agencies, ensuring compliance with state policies on environmental protection and natural resource conservation.
Key Provisions of OAC Title 901:13
1. Purpose and Scope
To prevent and control pollution of surface waters and groundwater.
To reduce soil erosion from construction sites, agricultural lands, and other disturbed areas.
To implement best management practices (BMPs) for soil conservation and water quality protection.
2. Permitting and Compliance
The Title outlines the need for permits related to discharges into waters and earth-disturbing activities.
Permits require detailed plans addressing sediment control, runoff management, and pollutant reduction.
Construction activities disturbing more than a certain acreage must comply with erosion and sediment control plans approved by the Ohio EPA or delegated authorities.
3. Best Management Practices (BMPs)
BMPs include physical structures (silt fences, sediment basins) and vegetative measures (cover crops, buffer strips).
Operators are required to implement and maintain BMPs throughout the construction or land-disturbing process.
Regular inspections and monitoring are mandated to ensure effectiveness.
4. Enforcement and Penalties
Ohio EPA has authority to inspect sites, issue notices of violation, and enforce corrective actions.
Failure to comply may result in administrative penalties, fines, and orders to cease activities.
Repeat or severe violations can lead to escalation including legal proceedings.
5. Reporting and Record-Keeping
Permit holders must maintain records of inspections, BMP maintenance, and corrective actions.
Annual or periodic reports may be required for ongoing compliance evaluation.
Illustrative Internal Case Law & Administrative Decisions
Though much enforcement is administrative, several cases and administrative rulings have clarified the application of OAC 901:13 provisions.
Case 1: In re XYZ Construction Co.
Issue: Whether XYZ Construction violated soil erosion control requirements during a large-scale development.
Holding: The administrative law judge found XYZ liable for failing to maintain BMPs adequately.
Reasoning: Inspection records showed repeated silt fence failures and sediment runoff. XYZ failed to take timely corrective action, violating OAC Title 901:13 requirements.
Case 2: Smith Farms v. Ohio EPA
Issue: Smith Farms contested a penalty for sediment discharge into a nearby stream.
Holding: The court upheld the EPA’s penalty.
Reasoning: Evidence demonstrated that Smith Farms neglected necessary erosion control measures despite warnings. The decision reinforced the strict application of soil erosion controls to protect water quality.
Case 3: City of ABC v. Ohio EPA
Issue: Dispute over permit conditions requiring installation of stormwater controls.
Holding: The court supported the permit requirements.
Reasoning: The City’s challenge was rejected because the permit conditions were within Ohio EPA’s statutory authority and consistent with OAC 901:13 policies aimed at pollution prevention.
Summary Table
| Aspect | Details |
|---|---|
| Purpose | Prevent water pollution and soil erosion |
| Permitting | Required for discharges and earth-disturbing activities |
| BMPs | Required implementation of erosion and sediment control measures |
| Enforcement | Inspections, violations, penalties, and legal actions |
| Reporting | Record-keeping and reporting mandated for compliance |
| Judicial Review | Courts generally uphold agency enforcement when based on clear violations and authority |
Conclusion
OAC Title 901:13 establishes a comprehensive regulatory framework for controlling water pollution and soil erosion in Ohio. The Title emphasizes preventive measures through permits and BMPs, robust enforcement mechanisms by Ohio EPA, and accountability through record-keeping and reporting.
Administrative and judicial rulings consistently support Ohio EPA’s authority to enforce these regulations, underscoring the importance of environmental protection balanced with economic development activities.
RELATED Blog
0 comments