News & Analysis as of

Discharge of Pollutants 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

Jenner & Block

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

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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

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

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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

Burr & Forman

EPA Continues its Journey Down the PFAS Road(map)

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On December 5, 2022, the U.S. EPA issued a memorandum entitled, Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs. The memorandum “provides EPA’s guidance to states and...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

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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

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,...

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

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

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

Holland & Knight LLP

EPA Finalizes 2021 Multi-Sector General Permit

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The U.S. Environmental Protection Agency (EPA) published its National Pollutant Discharge Elimination System (NPDES) 2021 Issuance of the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial...more

Williams Mullen

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

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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

Holland & Knight LLP

Massachusetts Municipal Separate Storm Sewer Systems Permit Finalized

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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

Pierce Atwood LLP

EPA Issues Interim Strategy to Regulate PFAS in Wastewater and Stormwater Discharge Permits

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On November 22, 2020, the U.S. Environmental Protection Agency (EPA) issued an Interim Strategy for Per-and Polyfluoroalkyl Substances in Federally Issued National Pollutant Discharge Elimination System (NPDES) Permits,...more

Buchalter

Buchalter Client Alert: Draft General Permit for Winery Wastewater Discharge Released for Comment

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The State Water Resources Control Board (“SWRCB”) released a draft of its General Waste Discharge Requirements for Winery Process Water (“Draft WDR”) on July 3, 2020 for public comment. Comments will be accepted by the SWRCB...more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Nevada County entered into a March 20th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water...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

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Izard County/Marion...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Micro Plastics, Inc., (“MPI”) entered into a January 30th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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

Stormwater Enforcement/Construction: Arkansas Department of Energy and Environment and Washington County, Arkansas, Construction...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Riggins Commercial Construction, LLC, (“Riggins”) entered into a February 12th Consent Administrative Order (“CAO”) addressing...more

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