Written by Galion, Ohio — The Ohio Environmental Protection Agency entered a formal Director’s Final Findings and Orders (DFFOs) against the City of Galion in early November 2025 after the city missed a required compliance milestone tied to its NPDES permit. The DFFOs make clear that the city’s wastewater treatment plant (WWTP) contains two internal bypasses that are not authorized by the permit and that the city must complete a comprehensive “No Feasible Alternatives” (NFA) analysis by June 14, 2027.
If the city fails to submit a timely and adequate NFA, a civil penalty of $27,990 becomes due immediately; an additional $20,000 is assessed if the city fails to implement required projects on the approved schedule, for a total potential penalty of $47,990 that is being held in abeyance while the city complies with the Orders.
The DFFOs were entered in the Director’s journal on November 6, 2025, and are signed by Ohio EPA Director John Logue. The Orders are issued under the Director’s authority in the Ohio Revised Code and are binding on the City and any successors in interest. By consenting to the Orders, the City agreed to the terms and waived its right to appeal the Orders, although the document preserves the City’s right to intervene if a third party appeals.
WWTP EPA Document Source: EPA
How the Galion plant is configured and what the bypasses do
The Galion WWTP was constructed in 1984 and last upgraded in 2012. It is designed for an average flow of 2.7 million gallons per day (MGD) and a peak hydraulic capacity of 8.5 MGD. The plant’s treatment train includes influent pumping, bar screens, grit removal, primary clarifiers, pre-aeration, an activated sludge system with nitrification, secondary clarifiers, chlorination/dechlorination, and two polishing lagoons before discharge at Outfall 001 to the Olentangy River.
Ohio EPA’s findings identify two internal bypass locations:
- First bypass: Located after screening and controlled by a set-in-place weir with no operator adjustment. It is triggered during extreme wet weather when flows exceed roughly 8.5 MGD. When it operates, flows bypass both primary and secondary treatment and instead pass through the chlorine contact tank and tertiary lagoon No. 2.
- Second bypass: Located after the primary clarifiers and triggered when flows exceed roughly 6.8 MGD. These flows are diverted around the activated sludge system and secondary clarifiers to tertiary lagoon No. 1, where they are mixed with secondary effluent before disinfection and further lagoon treatment.
Both bypasses are not authorized by the facility’s NPDES permit and therefore constitute permit violations when they occur.
Documents detailing former Galion Council President not Disclosing Information. Source: Galion City Watch.
| State Funding Program | Focus Area | Impact on Communities |
| H2Ohio Infrastructure Grants | Lead pipe replacement, water/sewer upgrades | Improves public health and water security in cities like Galion |
| Chloride Reduction Grants | Upgrades to salt storage and application | Protects high-quality streams and vulnerable aquifers |
| OPWC (Public Works Commission) | General infrastructure repair (roads, water, sewer) | Secured $500,000 for Galion’s Amann Pump House |
| Section 319 Grants | Watershed restoration and runoff control | Used for the Upper Olentangy Project to improve river health |
The regulatory timeline and required deliverables
The permit at issue (identified in the DFFO as Ohio NPDES Permit No. 2PD00030*QD) became effective April 1, 2023. That permit included a schedule of compliance requiring the City to submit a comprehensive NFA analysis within 12 months of the permit’s effective date — i.e., by April 1, 2024. The City missed that deadline.
Key enforcement timeline items recorded in the DFFO:
- March 18, 2024: Ohio EPA sent an automated email reminder to the WWTP superintendent about the upcoming milestone.
- April 1, 2024: NFA deadline passed without submission.
- April 15, 2024: Ohio EPA requested an update on the overdue milestone.
- December 13, 2024: Ohio EPA again requested an update.
- December 30, 2024: Ohio EPA issued a formal Notice of Violation (NOV) for failure to submit the NFA.
- January 29, 2025: The City responded with a signed contract for an engineering consultant to perform the NFA work.
- February 7, 2025: Ohio EPA staff met with City officials and the engineering consultant.
- November 6, 2025: The Director’s Final Findings and Orders were entered in the Director’s journal.
Under the DFFOs, the NFA must be submitted by June 14, 2027, and must evaluate at minimum: (a) inflow and infiltration (I/I) reduction in the collection system; (b) additional wastewater storage and flow equalization; (c) additional secondary treatment capacity, including construction and process changes; (d) costs for each alternative; and (e) a Financial Capability Analysis (FCA). The NFA must include a proposed implementation schedule; Ohio EPA will review and either accept it or request modifications. Once Ohio EPA accepts the implementation schedule in writing, that schedule becomes an enforceable term of the Orders.
Reporting, enforcement mechanics, and legal details
The Orders require the City to submit progress reports every six months, due June 30 and December 31 of each year, until the Orders are terminated. Progress reports are to be submitted to the named Ohio EPA contact (Thomas Poffenbarger) at the address and email provided in the Orders.
The DFFOs explicitly state that the Orders do not authorize construction or modification of physical facilities; any such work remains subject to Ohio’s permit-to-install (PTI) requirements. The Orders also reserve Ohio EPA’s rights under other laws and make clear that compliance with the Orders resolves only the specific violations cited in the document. The City agreed to the Orders “without admission of fact, violation or liability” and waived administrative and judicial appeals of the Orders’ issuance, terms, and service.
Termination of the Orders requires the City to certify in writing that it has performed all obligations and to demonstrate compliance to Ohio EPA’s satisfaction; the Chief of the Division of Surface Water must acknowledge termination in writing.
Why the bypasses happen: I&I and operational limits
The DFFO and the earlier technical descriptions both point to Inflow and Infiltration (I&I) as the primary driver of the bypass problem. Inflow (illegal or improper above-ground connections such as downspouts and sump pumps) and infiltration (groundwater entering through cracked pipes, loose joints, or root intrusion) can dramatically increase flows during storms and consume the plant’s hydraulic capacity. When the plant is overwhelmed, the automatic weir and diversion points activate to protect biological processes, but the result is partially treated wastewater reaching the river.
Ohio EPA’s required NFA must evaluate standard diagnostic tools — smoke testing, closed-circuit television (CCTV) inspection, and dye testing — and consider trenchless repair options such as Cured-In-Place Pipe (CIPP) lining. The NFA must also weigh the feasibility and costs of flow equalization (storage) versus expanding secondary treatment capacity.
Environmental stakes for the Olentangy River
The Olentangy River drains roughly 543 square miles across multiple counties and includes a 22-mile stretch designated as a State Scenic River. It supports diverse aquatic life — the DFFO notes 54 fish species and several state-listed endangered or threatened species, plus mussel communities that are sensitive to water-quality changes. Ohio EPA biological and water-quality studies cited in the broader reporting show that more than 50% of sampled locations in the river exhibit signs of impairment. Bypasses during storm-driven flow spikes can combine physical damage (bank erosion and riparian loss) with chemical impacts (nutrient loading, pathogens, and sediment), creating a “double hit” to river health.
Financial context and required Financial Capability Analysis
The DFFO requires the NFA to include a Financial Capability Analysis (FCA) to determine whether the City can afford recommended improvements without imposing an undue burden on residents. The City has already invested in multiple water and wastewater projects and has secured grants for several items, but the DFFO acknowledges that the wastewater improvements needed to eliminate bypasses — whether through I&I reduction, storage, or expanded treatment — could be costly. The Orders make clear that Ohio EPA considered technical feasibility and economic reasonableness in issuing the DFFOs.
State funding programs such as H2Ohio, OPWC grants, Section 319 watershed grants, and other federal or state sources are relevant to the City’s funding strategy, and the DFFO’s requirement for an FCA is intended to inform whether the implementation schedule should be adjusted based on affordability.
What the City has already done and what the Orders require next
The DFFO documents the City’s steps after the missed deadline: contracting an engineering consultant (January 29, 2025) and meeting with Ohio EPA staff (February 7, 2025). The Orders now require the City to:
- Submit the comprehensive NFA by June 14, 2027, addressing I/I reduction, storage/equalization, secondary capacity, costs, and an FCA.
- Provide semiannual progress reports (June 30 and December 31) until the Orders are terminated.
- Respond to Ohio EPA requests for additional information or modifications to the implementation schedule within 30 days (or a mutually agreed period).
- Implement the accepted schedule once Ohio EPA approves it in writing.
If the City fails to submit the NFA or fails to implement the accepted schedule, the civil penalties described in the Orders become due and payable within 30 days of notification.
Public communication and legal posture
The DFFO reiterates that the Orders are a legal resolution of the specific permit violations cited and that the City consented to the Orders to resolve the matter without further enforcement action for those violations. The City’s consent included a waiver of appeal rights. The Orders also preserve Ohio EPA’s ability to enforce other laws and to pursue other claims against third parties if warranted.
For the public, the DFFO underscores the importance of clear, factual communication: the Orders address wastewater permit compliance and bypasses, not the drinking water distribution system. The City’s prior public statements about grant-funded drinking water projects and lead service line replacement remain separate from the wastewater compliance obligations spelled out in the DFFO.
Bottom line and recommended priorities (updated to reflect the DFFO)
The DFFO formalizes Ohio EPA’s expectations and deadlines. To comply and avoid the penalties that are currently held in abeyance, the City must:
- Deliver a complete NFA by June 14, 2027 that evaluates I/I reduction, storage/equalization, secondary treatment options, costs, and a Financial Capability Analysis.
- Propose a realistic implementation schedule in the NFA and be prepared to respond to Ohio EPA comments within 30 days.
- Submit progress reports every six months (June 30 and December 31) until the Orders are terminated.
- Prioritize I/I diagnostics and repairs (smoke testing, CCTV, dye testing, trenchless repairs) because reducing I/I is typically the most cost-effective way to reduce peak flows and avoid bypasses.
- Evaluate flow equalization as a near-term operational fix to protect biological processes while longer-term collection system repairs are planned and funded.
- Complete a robust FCA and aggressively pursue state and federal grants (H2Ohio, OPWC, Section 319, and other programs) to avoid placing an undue burden on ratepayers.
- Maintain transparent public communications that clearly separate wastewater compliance actions from drinking water improvements and that explain timelines, costs, and expected community impacts.
Works Cited (Click Here)
Title: Director’s Final Findings and Orders (DFFOs) for the City of Galion
Date: November 6, 2025
Relevance: This is the primary legal document detailing the technical violations at the Galion Wastewater Treatment Plant, the unauthorized bypasses, and the mandated “No Feasible Alternatives” analysis and associated penalties.
URL: Internal Municipal Record: Cited Inline
Title: City Responds to Social Media Posts Regarding Water Distribution System
Date: January 8, 2026
Relevance: An official response from the City of Galion clarifying that the water is safe to drink and addressing misconceptions regarding the industrial pretreatment program and water plant violations.
URL: http://galion.city/CivicAlerts.aspx?AID=444
Title: City auditor addresses proposed $6 million spending gap
Date: November 5, 2025
Relevance: Provides financial context regarding the city’s budget challenges and the specific impact of EPA infrastructure requirements on municipal spending.
URL: https://www.galioninquirer.com/2025/11/05/city-auditor-addresses-proposed-6-million-spending-gap/
Title: Olentangy River Watershed TMDL Factsheet
Date: 2006 (Reporting on 2003-2004 data)
Relevance: Outlines the biological and chemical health of the Olentangy River watershed and identifies primary sources of impairment such as municipal bypasses and agricultural runoff.
Title: Olentangy River Expedition and Scenic River Data
Date: 2012
Relevance: Details the biodiversity of the river, its status as a State Scenic River, and the specific aquatic species that require high water quality for survival.
URL: https://gisci.files.wordpress.com/2012/04/olentangy_river_expedition.pdf
Title: H2Ohio Infrastructure and Rivers Chloride Reduction Grants
Date: 2025–2026
Relevance: Lists funding programs and state initiatives available to Ohio municipalities for lead pipe replacement, salt storage upgrades, and wastewater infrastructure improvements.
URL: https://storymaps.arcgis.com/stories/7d8469379e08475c8b0b1ac6688fd62a
Title: City must pay $739k penalty to federal government (Youngstown Case Study)
Date: September 2025
Relevance: Used as a comparative case study to illustrate the legal and financial consequences for Ohio cities that fail to meet wastewater infrastructure deadlines.
URL: https://www.vindy.com/news/local-news/2025/09/city-must-pay-739k-penalty-to-federal-government/
Title: Infiltration & Inflow (Technical Guide)
Date: 2024
Relevance: Defines the mechanics of Inflow and Infiltration (I&I) and explains diagnostic methods like smoke testing and CCTV used to identify leaks in municipal sewer systems.