News & Analysis as of

Discharge of Pollutants Storm Water Stormwater Discharge Permits

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

Williams Mullen

UPDATE: Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

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On March 18, 2024, we issued an alert addressing Virginia Department of Environmental Quality’s (VDEQ’s) recently proposed Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The proposed Handbook is available...more

Williams Mullen

Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

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In January 2024, the Virginia Department of Environmental Quality (VDEQ) released the Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The Handbook provides guidance to implement construction stormwater...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

McNees Wallace & Nurick LLC

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

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

Bilzin Sumberg

New Proposed Rules for Florida Stormwater Systems

Bilzin Sumberg on

The Florida Department of Environmental Protection (FDEP) is in the process of significantly updating the state stormwater rules and Environmental Resource Permitting process for the design and operation of stormwater...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Alabama Department of Environmental Management and Baldwin County Residential Developer Enter into Special...

The Alabama Department of Environmental Management (“ADEM”) and DR Horton Inc. – Birmingham (“DR”) entered into a September 21st Special Order by Consent (“Consent Order”) addressing alleged violations of an NPDES general...more

Morgan Lewis

EPA Requires Permits for Previously Unregulated Stormwater Discharges in Massachusetts

Morgan Lewis on

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

Williams Mullen

VA DEQ’s 2022 Flood of Stormwater-Related Guidance - Part II: Proposed Technical Memorandum

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​​​​​​​Virginia’s construction stormwater discharge permit program appears to be undergoing major transformation over the next six to nine months, and reception to these changes from stakeholders is likely to vary given the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

No-Discharge Permit/Stormwater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southark Disposals Group, LLC (“Southark”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged...more

Beveridge & Diamond PC

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

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

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

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

McNees Wallace & Nurick LLC

All Permittees for Construction Stormwater General Permits Face Deadline to Submit Certification

On December 7, 2019, the Pennsylvania Department of Environmental Protection (PADEP) reissued the general permit for stormwater associated with construction activities (PAG-02). ...more

Harris Beach PLLC

NYSDEC Issues Revised General Permit for Stormwater Discharges from Construction Activity

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On January 29, 2020, the NYS Department of Environmental Conservation (“DEC”) issued a new and revised State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

Best Best & Krieger LLP

Cities Issuing Business Licenses Will Need to Verify NPDES Permits First

What California Cities Need to Know to Comply with SB 205 - California cities that issue business licenses will be required to determine whether any of the primary Standard Industrial Classification Codes applicable to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Arkansas Department of Environmental Quality and Saline County, Arkansas Construction Site Operator Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and Heritage Homes and Development of Central Arkansas, Inc. (“Heritage”) entered into a June 21st Consent Administrative Order (“CAO”) addressing an alleged violation...more

Davis Wright Tremaine LLP

Changes Being Proposed to Washington’s Industrial Stormwater Permit

On May 1, 2019, the Washington State Department of Ecology published a draft of the new Industrial Stormwater General Permit (New Permit), asking for all public comments by June 29. The New Permit is scheduled to go into...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Arkansas Department of Environmental Quality and Washington County, Arkansas, Construction Site Operator...

The Arkansas Department of Environmental Quality (“ADEQ”) and Blue Springs Holding Company, LLC (“BSHC”) entered into a December 31st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

Beveridge & Diamond PC

Environmental Groups Score First Victory to Expand Regulation of Stormwater Under the NPDES Program

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Last week, the U.S. District Court for the Central District of California gave environmental groups a significant win in their bid to force EPA to regulate new sources of stormwater discharges under the Clean Water Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

MS4/Stormwater Citizen Suit Enforcement: Conservation Law Foundation Lawsuit Alleging Clean Water Act Violations Associated with...

The Conservation Law Foundation (“CLF”) filed a June 19th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) in the United States District Court for the District of Massachusetts against the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Evolution of Stormwater Permitting and Program Implementation Approaches Report: May 17th U.S. Environmental Protection Agency...

Region 9 of the United States Environmental Protection Agency (“EPA”) issued a May 17th report titled: Evolution of Stormwater Permitting and Program Implementation Approaches – Workshop Report Recommendations for Program...more

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