Ohio Rev. Code » Chapter 6111
Ohio Revised Code

Ohio Rev. Code § 6111.04 (2026)

Water pollution and sludge management violations prohibited

✓ current as of May 2026
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Effective:
September 30, 2025
Latest Legislation:
House Bill 96 - 136th General Assembly
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(A) Both of the following apply except as otherwise provided in division (A) or (F) of this section:

(1) No person shall cause pollution or place or cause to be placed any sewage, sludge, sludge materials, industrial waste, or other wastes in a location where they cause pollution of any waters of the state.

(2) Such an action prohibited under division (A)(1) of this section is hereby declared to be a public nuisance.

Divisions (A)(1) and (2) of this section do not apply if the person causing pollution or placing or causing to be placed wastes in a location in which they cause pollution of any waters of the state holds a valid, unexpired permit, or renewal of a permit, governing the causing or placement as provided in sections 6111.01 to 6111.08 of the Revised Code or if the person's application for renewal of such a permit is pending.

(B) If the director of environmental protection administers a sludge management program pursuant to division (R) of section 6111.03 of the Revised Code, both of the following apply except as otherwise provided in division (B) or (F) of this section:

(1) No person, in the course of sludge management, shall place on land located in the state or release into the air of the state any sludge or sludge materials.

(2) An action prohibited under division (B)(1) of this section is hereby declared to be a public nuisance.

Divisions (B)(1) and (2) of this section do not apply if the person placing or releasing the sludge or sludge materials holds a valid, unexpired permit, or renewal of a permit, governing the placement or release as provided in sections 6111.01 to 6111.08 of the Revised Code or if the person's application for renewal of such a permit is pending.

(C) No person to whom a permit has been issued shall place or discharge, or cause to be placed or discharged, in any waters of the state any sewage, sludge, sludge materials, industrial waste, or other wastes in excess of the permissive discharges specified under an existing permit without first receiving a permit from the director to do so.

(D) No person to whom a sludge management permit has been issued shall place on the land or release into the air of the state any sludge or sludge materials in excess of the permissive amounts specified under the existing sludge management permit without first receiving a modification of the existing sludge management permit or a new sludge management permit to do so from the director.

(E) The director may require the submission of plans, specifications, and other information that the director considers relevant in connection with the issuance of permits.

(F) This section does not apply to any of the following:

(1) Waters used in washing sand, gravel, other aggregates, or mineral products when the washing and the ultimate disposal of the water used in the washing, including any sewage, industrial waste, or other wastes contained in the waters, are entirely confined to the land under the control of the person engaged in the recovery and processing of the sand, gravel, other aggregates, or mineral products and do not result in the pollution of waters of the state;

(2) Water, gas, or other material injected into a well to facilitate, or that is incidental to, the production of oil, gas, artificial brine, or water derived in association with oil or gas production and disposed of in a well, in compliance with a permit issued under Chapter 1509. of the Revised Code, or sewage, industrial waste, or other wastes injected into a well in compliance with an injection well operating permit. Division (F)(2) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, regulation of the United States environmental protection agency.

(3) Application of any materials to land for agricultural purposes or runoff of the materials from that application or pollution by residual farm products, manure, or soil sediment, including attached substances, resulting from farming, silvicultural, or earthmoving activities regulated by Chapter 307. or 939. of the Revised Code. Division (F)(3) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, the Federal Water Pollution Control Act or regulations adopted under it. As used in division (F)(3) of this section, "residual farm products" and "manure" have the same meanings as in section 939.01 of the Revised Code.

(4) The excrement of domestic and farm animals defecated on land or runoff therefrom into any waters of the state. Division (F)(4) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, the Federal Water Pollution Control Act or regulations adopted under it.

(5) On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of agriculture under section 903.08 of the Revised Code, any discharge that is within the scope of the approved NPDES program submitted by the director of agriculture;

(6) The discharge of sewage, industrial waste, or other wastes into a sewerage system tributary to a treatment works. Division (F)(6) of this section does not authorize any discharge into a publicly owned treatment works in violation of a pretreatment program applicable to the publicly owned treatment works or any discharge to a privately owned treatment works in violation of any permit conditions established in accordance with 40 C.F.R. 122.44(m).

(7) A household sewage treatment system or a small flow on-site sewage treatment system, as applicable, as defined in section 3718.01 of the Revised Code that is installed in compliance with Chapter 3718. of the Revised Code and rules adopted under it. Division (F)(7) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, regulation of the United States environmental protection agency.

(8) Exceptional quality sludge generated outside of this state and contained in bags or other containers not greater than one hundred pounds in capacity. As used in division (F)(8) of this section, "exceptional quality sludge" has the same meaning as in division (X) of section 3745.11 of the Revised Code.

(G) The holder of a permit issued under section 402 (a) of the Federal Water Pollution Control Act need not obtain a permit for a discharge authorized by the permit until its expiration date. Except as otherwise provided in this division, the director of environmental protection shall administer and enforce those permits within this state and may modify their terms and conditions in accordance with division (J) of section 6111.03 of the Revised Code. On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of agriculture under section 903.08 of the Revised Code, the director of agriculture shall administer and enforce those permits within this state that are issued for any discharge that is within the scope of the approved NPDES program submitted by the director of agriculture.

Last updated August 13, 2025 at 10:55 AM

Notes of Decisions
Cited in 29 cases (5 in the last 5 years), 1976–2025 · leading case: State ex rel. DeWine v. Osborne Co., Ltd., 2018 Ohio 3109 (Ohio Ct. App. 2018).
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State ex rel. DeWine v. Osborne Co., Ltd., 2018 Ohio 3109 (Ohio Ct. App. 2018). · cites it 28× “First, appellants argued the statutory framework under which the complaint was brought ( R.C. 6111.04 & R.C. 6111.07 ) does not prohibit dredging; thus, the only alleged violations at issue relate to the unauthorized discharge of dredged materials into the river.”
State ex rel. Yost v. Osborne Co., Ltd., 2020 Ohio 3090 (Ohio Ct. App. 2020). · cites it 16× “First, defendants argued the statutory framework under which the complaint was brought (R.C. 6111.04 & R.C. 6111.07) does not prohibit dredging; thus, the only 10 alleged violations at issue related to the unauthorized discharge of dredged materials into the river.”
Lee v. Cardington (Slip Opinion), 2014 Ohio 5458 (Ohio 2014). · cites it 8× “Second, he pointed to R.C. 6111.04(C), which prohibits a permit holder such as the WWTP from discharging higher levels of sewage than those specified in the permit.”
State v. Brennco, Inc., 2015 Ohio 467 (Ohio Ct. App. 2015). · cites it 31× “As the basis for the motion to dismiss, Brennco alleged that the maximum statutory fine for violation of R.C. 6111.04 -2- Case No. 1-14-24 exceeds the jurisdictional limits of the Lima Municipal Court, thereby divesting the municipal court of jurisdiction over the action.”
State v. Grinstead, 958 N.E.2d 177 (Ohio Ct. App. 2011). “{¶ 32} Lough was charged with causing pollution of water of the state in violation of R.C. 6111.04, which provides, “No person shall cause pollution or place or cause to be placed any sewage, sludge, sludge materials, industrial waste, or other wastes in a location where they…”
CITY OF ASHTABULA v. Norfolk S. Corp., 633 F. Supp. 2d 519 (N.D. Ohio 2009). · cites it 7× “First, violations of Section 402 of the CWA, R.C. 6111.04, and Ohio Administrative Code (“OAC”) Rule 3745-1-04 by: 1) contaminated runoff being directly discharged into the Ash-tabula River and Lake Erie, illegally bypassing the Norfolk Southern treatment plant; 2) coal dust…”
State ex rel. Brown v. Rockside Reclamation, Inc., 351 N.E.2d 448 (Ohio 1976). · cites it 2× “This section does not apply to any substance placed under authority of a permit issued under Section 6111.04 of the Revised Code or exempted by such section from its terms.”
Alden v. Summit Cnty., 679 N.E.2d 36 (Ohio Ct. App. 1996). · cites it 4× “This court does recognize that R.C. 6111.04 mandates that “[n]o person shall cause pollution or place or cause to be placed any sewage, industrial waste, or *465 other wastes in a location where they cause pollution of any waters of the state[.”
State v. McLaughlin, 673 N.E.2d 234 (Ohio Ct. App. 1996). · cites it 5× “The indictment alleged that, from January 3, 1984 to January 25, 1989, 2 appellees had placed gasoline and other industrial waste in areas where the waste had polluted the waters of the state of Ohio, in violation of R.C. 6111.04. Each of the appellees moved to dismiss the…”
State ex rel. DeWine v. Osborne Co., Ltd., 2017 Ohio 8284 (Ohio Ct. App. 2017). · cites it 23× “First, appellants argued the statutory framework under which the complaint was brought ( R.C. 6111.04 & R.C. 6111.07 ) does not prohibit dredging; thus, the only alleged violations at issue relate to the unauthorized discharge of dredged materials into the river.”
Frilling v. Vill. of Anna, 924 F. Supp. 821 (S.D. Ohio 1996). · cites it 2× “§ 1311 and O.R.C. §§ 6111.04 and 6111.07 (Count One, violations of final effluent limitations in NPDES permit, against Defendant Village); Defendant Village has violated and will continue to violate the general effluent limitations contained in its NPDES permit 1 by its…”
Fairfield Cnty. Bd. of Commissioners v. Nally, 34 N.E.3d 873 (Ohio 2015). “” 2 See generally R.C. 6111.04. {¶ 5} The county applied for renewal of the NPDES permit for the Tussing Road plant on Blackliek Creek, and a renewal was issued on June 30, 2006.”
Show all 29 citing cases →
Ohio Rev. Code § 6111.04(A): 6 cases
State ex rel. DeWine v. Osborne Co., Ltd., 2018 Ohio 3109 (Ohio Ct. App. 2018). “First, appellants argued the statutory framework under which the complaint was brought ( R.C. 6111.04 & R.C. 6111.07 ) does not prohibit dredging; thus, the only alleged violations at issue relate to the unauthorized discharge of dredged materials into the river.”
State ex rel. Yost v. Osborne Co., Ltd., 2020 Ohio 3090 (Ohio Ct. App. 2020). “First, defendants argued the statutory framework under which the complaint was brought (R.C. 6111.04 & R.C. 6111.07) does not prohibit dredging; thus, the only 10 alleged violations at issue related to the unauthorized discharge of dredged materials into the river.”
State ex rel. DeWine v. Osborne Co., Ltd., 2017 Ohio 8284 (Ohio Ct. App. 2017). “First, appellants argued the statutory framework under which the complaint was brought ( R.C. 6111.04 & R.C. 6111.07 ) does not prohibit dredging; thus, the only alleged violations at issue relate to the unauthorized discharge of dredged materials into the river.”
State v. Brennco, Inc., 2015 Ohio 467 (Ohio Ct. App. 2015). “As the basis for the motion to dismiss, Brennco alleged that the maximum statutory fine for violation of R.C. 6111.04 -2- Case No. 1-14-24 exceeds the jurisdictional limits of the Lima Municipal Court, thereby divesting the municipal court of jurisdiction over the action.”
Citizens Against Am. Landfill Expansion v. Koncelik, 2014 Ohio 123 (Ohio Ct. App. 2014).
Ohio Rev. Code § 6111.04(A)(1): 8 cases
State ex rel. DeWine v. Osborne Co., Ltd., 2018 Ohio 3109 (Ohio Ct. App. 2018). “First, appellants argued the statutory framework under which the complaint was brought ( R.C. 6111.04 & R.C. 6111.07 ) does not prohibit dredging; thus, the only alleged violations at issue relate to the unauthorized discharge of dredged materials into the river.”
State ex rel. Cordray v. Helms, 949 N.E.2d 522 (Ohio Ct. App. 2011).
State v. Brennco, Inc., 2015 Ohio 467 (Ohio Ct. App. 2015). “As the basis for the motion to dismiss, Brennco alleged that the maximum statutory fine for violation of R.C. 6111.04 -2- Case No. 1-14-24 exceeds the jurisdictional limits of the Lima Municipal Court, thereby divesting the municipal court of jurisdiction over the action.”
Litsinger v. Rootstown Twp. Bd. of Trs., 2024 Ohio 781 (Ohio Ct. App. 2024).
Citizens Against Am. Landfill Expansion v. Koncelik, 2014 Ohio 123 (Ohio Ct. App. 2014).
Ohio Rev. Code § 6111.04(A)(2): 2 cases
Citizens Against Am. Landfill Expansion v. Koncelik, 2014 Ohio 123 (Ohio Ct. App. 2014).
State ex rel. Yost v. Hastings Dairy, L.L.C., 2025 Ohio 1900 (Ohio Ct. App. 2025).
Ohio Rev. Code § 6111.04(C): 1 case
Lee v. Cardington (Slip Opinion), 2014 Ohio 5458 (Ohio 2014). “Second, he pointed to R.C. 6111.04(C), which prohibits a permit holder such as the WWTP from discharging higher levels of sewage than those specified in the permit.”
Ohio Rev. Code § 6111.04(F)(3): 1 case
State v. Brennco, Inc., 2015 Ohio 467 (Ohio Ct. App. 2015). “As the basis for the motion to dismiss, Brennco alleged that the maximum statutory fine for violation of R.C. 6111.04 -2- Case No. 1-14-24 exceeds the jurisdictional limits of the Lima Municipal Court, thereby divesting the municipal court of jurisdiction over the action.”
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