Clean Water Act, Stormwater Discharge Permits

Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/29/2024

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

Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know

Goulston & Storrs PC on 4/9/2024

Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/6/2024

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/9/2024

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

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

Jenner & Block on 3/24/2023

PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

Stormwater Enforcement/Clean Water Act: United States Department of Justice and Fort Smith, Arkansas, Based National Freight...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/23/2023

The United States Department of Justice (“DOJ”) and ABF Freight System, Inc. (“ABF”) entered into a March 20th Consent Decree (“CD”) addressing alleged violations of Clean Water Act Industrial Stormwater Permits. See United...more

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

McNees Wallace & Nurick LLC on 3/22/2023

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

EPA Requires Permits for Previously Unregulated Stormwater Discharges in Massachusetts

Morgan Lewis on 9/21/2022

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

Construction/Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Garland...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/7/2022

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Omni Home Builders at Diamondhead Resort Community, LLC (“Omni”) entered into a may 24th Consent Administrative Order (“CAO”)...more

2022 NPDES General Permit for Stormwater Discharges from Construction Activities: U.S. Environmental Protection Agency Federal...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/28/2022

The United States Environmental Protection Agency (“EPA”) published a January 24th Federal Register notice for its 2022 Clean Water Act National Pollution Discharge Elimination System (“NPDES”) general permit for stormwater...more

Commercial/Industrial/Institutional ("CII") Stormwater Sources: Conservation Law Foundation Petition to Conn. Department of Energy...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/20/2021

The Conservation Law Foundation (“CLF”) submitted a December 9th Petition to the Connecticut Department of Energy and Environmental Protection (“CDEEP”) styled: Re: Petition for a Determination that Certain Commercial,...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Maryland Concrete Pipe Manufacturer Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/28/2021

The United States Environmental Protection Agency (“EPA”) and Concrete Pipe and Precast, LLC (“CPP”) entered into a September 2nd Consent Agreement (“CA”) addressing alleged violations under Clean Water Act stormwater...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Tigard, Oregon, Structural Steel Fabricator Enter into Consent...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/30/2021

The United States Environmental Protection Agency (“EPA”) and Fought & Company, Inc., (“Fought”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Stormwater Industrial General Permit. See Docket No....more

Do we want EPA to do its Clean Water Act job and, if so, what will it take?

Mintz on 7/6/2021

This morning brings reports of a Ninth Circuit petition for review of EPA's Clean Water Act NPDES Multi-Sector General Permit because an NGO has concluded EPA should have done more in that permit to prevent the possibility of...more

Another Post-Maui Case of the Sort the Supreme Court Encouraged

Mintz on 6/23/2021

Bloomberg reports this morning that a Washington-based NGO is suing a window manufacturer for its alleged failure to comply with the terms of a NPDES General Permit issued by the State of Washington as authorized by US EPA. ...more

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

Beveridge & Diamond PC on 5/6/2021

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

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

Downey Brand LLP on 3/8/2021

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

2021 NPDES Multi-Sector General Permit for Industrial Stormwater Discharges: U.S. Environmental Protection Agency Issues...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/28/2021

The United States Environmental Protection Agency (“EPA”) issued a pre-publication Federal Register Notice for its 2021 Clean Water Act National Pollution Discharge Elimination System Multi-Sector General Permit for...more

Don’t Slip and Fall into Noncompliance: EPA’s Proposed Criminal Negligence Standard under the Clean Water Act

Williams Mullen on 1/12/2021

The Clean Water Act (CWA) provides various means of enforcement against violators of its permitting programs, including sanctions for those guilty of criminal negligence. The chief programs in this regard are the National...more

404 Nationwide Permits/Clean Water Act: U.S. Corps of Engineers Finalizes Revisions/Renewal of Certain NWPs

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/8/2021

The United States Army Corps of Engineers (“Corps”) issued on August 3rd a final rule revising and renewing certain Nationwide Permits (“NWPs”) under Section 404 of the Clean Water Act. The Corps issues two types of Clean...more

Massachusetts Municipal Separate Storm Sewer Systems Permit Finalized

Holland & Knight LLP on 12/16/2020

With little fanfare and no significant changes from the draft published April 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized modifications to the Clean Water Act (CWA) National Pollutant Discharge...more

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Crittenden/Crawford...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/14/2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and USA Truck, Inc. (“USA”) entered into a November 24th Consent Administrative Order (“CAO”) addressing alleged violation of an...more

EPA Issues Interim Strategy for Addressing PFAS in Wastewater Permits

Robinson+Cole Manufacturing Law Blog on 12/4/2020

As we previously reported, EPA published a PFAS Action Plan in 2019 designed to enhance and improve data gathering, regulatory development, enforcement, and communication related to per- and polyfluoroalkyl substances (PFAS)....more

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Saline County...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/3/2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Thomas D.B. Collins LTD (Kensington Subdivision) (“Kensington”) entered into a July 9th Consent Administrative Order (“CAO”)...more

MS4/NPDES Permit: City of Little Rock and Arkansas Department of Energy and Environment - Division of Environmental Quality Enter...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/7/2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Little Rock (“Little Rock”) entered into a June 19th Permit Appeal Resolution (“PAR”) addressing a previously filed...more

Clean Water Act › Stormwater Discharge Permits

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