California Adopts New General Storm Water Permit That Ups the Ante for Builders and Developers


The California State Water Resources Control Board (“State Water Board”) has adopted a new National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (“Construction General Permit”). The new Construction General Permit, which was issued pursuant to the federal Clean Water Act and is enforceable through citizens’ suits, represents a dramatic shift in the State Water Board’s approach to regulating new and redevelopment sites, imposing new affirmative duties and fixed standards on builders and developers. Those with projects in the planning pipeline or under construction in California should familiarize themselves with the new requirements and adjust their plans and operations so as to ensure compliance with the new Construction General Permit when it becomes effective on July 1, 2010.

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