Developers Beware: Significant Changes in Store for General Storm Water Permits for Construction Activities

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The California State Water Resources Control Board (State Water Board) recently proposed its draft National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Draft Construction Permit). The

proposed draft permit significantly alters California’s current General NPDES Permit for Construction Activities

(General Permit) in ways that will have important implications for project design and approval strategies and

could adversely affect many developers. At the federal level, the U.S. Environmental Protection Agency (EPA)

also plans to issue a new, updated general permit for storm water discharges from construction activities, which will apply to sites that it (rather than a state) directly permits. EPA also plans to promulgate an effluent

limitation guideline for storm water discharges for the construction and development sector, which will ultimately govern the content of storm water permits across the country. These potentially significant developments are further described below. (See full article).

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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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