California's Proposed New Storm Water Permit Tightens the Screws on Developers


The California State Water Resources Control Board (“State Water Board”) recently proposed an updated National Pollutant Discharge Elimination System (“NPDES”) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Draft General Permit). The new Draft General Permit takes a significantly different approach to storm water regulation and project approval than the current General NPDES Permit for Construction Activities (“Current General Permit”). The changes will, if adopted, impose much stricter requirements that could have significant impacts on project design and construction planning. Developers with projects in California need to be aware of the proposed Draft General Permit and may wish to submit public comments by June 17th or attend the State Water Board?s hearing on it on June 3rd. These stringent permit compliance requirements will also significantly increase the risk of future permit violations and provide greater opportunities for the Water Boards or private citizens to bring enforcement actions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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