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Clean water has been a concern nationwide since the early 1970's. In 1972, the U.S. Congress adopted the Clean Water Act to protect the waters of the nation. Through this act, the U.S. Environmental Protection Agency and corresponding state agencies were given the responsibility to regulate activities that threaten the quality of the nation's water resources. 

In the Federal Clean Water Act, Congress adopted a comprehensive water policy for the nation and set as a national goal the elimination of pollutant discharges to the navigable waters of the U.S. by 1985. An interim goal was set to insure that all navigable waters would be fishable and swimmable by 1983.

To reach these goals, the U.S. Congress established a regulatory framework:

• No one has the right to pollute the navigable waters of the United States. Dischargers are required to obtain permits.
• Permits shall set limits on the concentration of the pollutants being discharged. A violation of the limits carries a penalty of fines or imprisonment.
• The best technology available shall be used to control the discharge of pollutants.

The Ohio Water Quality Standards (Ohio Administrative Code 3745-1-04) specify that all surface waters of the state must be free from the following pollutants as a result of human activity: suspended solids, floating debris, color, odor, toxic substances and nutrients that create nuisance growths of weeds and algae.

Permits for wastewater treatment systems serving single family homes, two- or three-family dwellings are issued by local health departments. Permits for all wastewater treatment systems serving more than 2 homes or buildings larger than a 3-family dwelling are issued by the Ohio Environmental Protection Agency.

Two different permits are issued by the Ohio Environmental Protection Agency. All systems must first obtain a Permit to Install (PTI) before a treatment plant can be constructed. The Permit to Install is issued after the plans for construction, operation and management are examined to insure that the receiving stream will be protected.

If the discharge from the treatment plant enters a stream, a NPDES permit is required. The NPDES permit specifies the maximum allowable level of total suspended solids, biochemical oxygen demand, nutrients and bacteria that can be discharged to a stream as well as the minimum level of dissolved oxygen that must be present in the discharge. The levels specified in the NPDES permit are determined by the condition of the receiving stream. Therefore, NPDES permits are subject to change every 5 years as water quality concerns change throughout Ohio.

Discharging raw sewage from a dwelling is considered a public nuisance (Ohio Revised Code 3767.13). For systems serving a 1-, 2- or 3-family dwelling, the local health department is the responsible regulatory agency. The penalty for creating a public nuisance is a third degree misdemeanor which is punishable by not more than 60 days in jail and/or a $500 fine. In addition, the violator may be required to remove the sewage from public or private property or the waters of the state.

Discharges of pollutants from a multiple dwelling is under the jurisdiction of the Ohio Environmental Protection Agency. Discharges may be liable for civil penalties of up to $10,000 for each day of violation (Ohio Revised Code 6111.07). In addition, criminal penalties can be assessed up to $25,000 or up to one year of imprisonment or both (Ohio Revised Code 6111.99). A "Connection Ban" can also be issued by the Ohio Environmental Protection Agency which prohibits the construction or installation of home sewage disposal systems when it is shown that pollutants from new homes will be discharged into the waters of the state (Ohio Administrative Code 3745-11).

In 1995, the Ohio Environmental Protection Agency issued 25 administrative orders totaling $80,000 in fines to Ohio communities for wastewater treatment violations. Also in 1995, 6 cases were referred to the Ohio Attorney General for action. Thirty-two Attorney General's cases were resolved in 1995, with penalties totaling $1,235,000.