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Clean Water Act › Discharge of Pollutants › Storm Water

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
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Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

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A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL 2933009. ...more

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Wastewater Plant/Subdivision: Faulkner County Circuit Court Action Filed Alleging Prospective Nuisance/Trespass Associated with...

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The James Howard Mize and Patricia Dean Mize Joint Revocable Trust (“Trust”) filed in the Circuit Court of Faulkner County, Arkansas on August 19th a Complaint against the following two corporations and one individual: ...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

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The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

Allen Matkins

California Environmental Law & Policy Update 7.26.24

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An environmental advocacy organization on July 23 filed a lawsuit against the City of Los Angeles over the Port of L.A.'s stormwater treatment system. At issue is a 53-acre portion of the port on Terminal Island where...more

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Industrial Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton...

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The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and TD Granite & Marble (“TD”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Baltimore, Maryland, Scrap Recycling Facility Enter into Consent...

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The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Warrenton, North Carolina, Architectural Concrete Production...

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The United States Environmental Protection Agency (“EPA”) and Cast Stone Systems, Inc. (“CSSI”) entered into a July 31st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Industrial...more

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Stormwater Enforcement: U.s. Environmental Protection Agency And Kiryas Joel, New York, Poultry Processing Facility Enter Into...

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The United States Environmental Protection Agency (“EPA”) and Kiryas Joel Poultry Processing Plant (“KJPPP”) entered into a March 15th Consent Agreement and Final Order (“CA”) addressing an alleged violation of a Clean Water...more

McNees Wallace & Nurick LLC

FINAL REMINDER – ACTION NEEDED: It’s Time to Renew Coverage Under the NPDES PAG-03

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On December 24, 2022, the Pennsylvania Department of Environmental Protection’s (“PADEP”) Bureau of Clean Water reissued the PAG-03 NPDES General Permit for stormwater discharges associated with industrial activity for a new,...more

Sheppard Mullin Richter & Hampton LLP

Turbulence Ahead for the Clean Water Act: Agencies Redefine “Waters of the United States” as SCOTUS Prepares to Rule in Sackett v....

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The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Wednesday published a final rule defining “Waters of the United States,” or WOTUS, which determines the extent of federal regulatory authority...more

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Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater...

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A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more

Robinson+Cole Environmental Law +

No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston

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The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and...more

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Commercial/Industrial/Institutional (CII) Stormwater Sources: U.S. Environmental Protection Agency Exercises Clean Water Act...

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The United States Environmental Protection Agency (“EPA”) exercise certain Clean Water Act residual designation authorities to address stormwater discharges in three Massachusetts watersheds. The designations were...more

Morgan Lewis

EPA Requires Permits for Previously Unregulated Stormwater Discharges in Massachusetts

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The US Environmental Protection Agency (EPA) announced on September 14 that it will require new permit coverage for previously unregulated stormwater discharges in Massachusetts. Specifically, EPA intends to issue general...more

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Stormwater/Clean Water Act: Conservation Law Foundation Notice of Intent to Sue Several Northeast/Puerto Rico Scrap Facilities for...

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The Conservation Law Foundation (“CLF”) sent a December 20th letter to Schnitzer Steel Industries, Inc. and certain related entities (collectively “Schnitzer”) styled as: Notice of Violations and Intent to File Suit...more

Williams Mullen

Liability for Invalid State Agency Permit Decisions: Is the Regulated Party Left Holding the Bag?

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Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more

Beveridge & Diamond PC

Oregon Adopts a Significantly Modified (and Legally Vulnerable) Industrial Stormwater General Permit

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Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z...more

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Stormwater Enforcement: Alabama Department of Environmental Management and Jefferson County Developer Enter into Consent Order

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The Alabama Department of Environmental Management (“ADEM”) and USS Real Estate (“USS”) entered into a Consent Order (“CO”) addressing alleged violations of an NPDES General Permit (Stormwater)(“Permit”). The CO provides...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Lynden, Washington Refrigerated Warehousing/Storage Facility...

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The United States Environmental Protection Agency (“EPA”) and Americold Logistics, LLC – Lynden (“ALLL”) entered into a March 9th Consent Agreement (“CA”) to address alleged violations of a Clean Water Act Stormwater...more

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Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fayetteville,...

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and American Air Filter Company, Inc., (“AAFC”) entered into a December 19th Consent Administrative Order (“CAO”) addressing...more

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MS4/NPDES Permit: City of Little Rock Request for Commission Review and Adjudicatory Hearing

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The City of Little Rock, Arkansas (“Little Rock”) filed a January 16th Request for Commission Review and Adjudicatory Hearing (“Request”) before the Arkansas Pollution Control and Ecology Commission (“Commission”) challenging...more

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Urban Stormwater/Citizen Suit Enforcement: Petition for Declaratory/Injunctive Relief Challenging Alleged Failure of the U.S....

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The Environmental organization Amigos Bravos (“AB”) filed an action in the United States District Court (District of New Mexico) against the United States Environmental Protection Agency (“EPA”) for Declaratory and Injunctive...more

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Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

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The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Pennsylvania Department of Transportation Enter into Consent...

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The United States Environmental Protection Agency (“EPA”) and Pennsylvania Department of Transportation (“PDOT”) entered into an August 29th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain...more

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