Storm Water

News & Analysis as of

Enforcement of Municipal Stormwater Ordinances Is Tricky Business: Failure to Enforce an Ordinance Required Under a Permit Is Not...

Stormwater pollution has become an increasingly important problem. Part of the difficulty in solving it is that it’s not obvious who should be responsible. Should cash-strapped municipalities be on the hook or should it be...more

EPA’s Residual Permitting Authority

Continuing on the stormwater theme I began in my last post, the next topic I intend to cover is EPA’s so-called “residual” authority under the Clean Water Act. The statute specifically requires stormwater permits for...more

Federal Court Ruling Creates Effluent Limit Paradox - Violations may lead to suits, penalties under Clean Water Act

A federal judge in West Virginia ruled on March 31, 2014 that holders of water discharge permits, known as NPDES permits, must comply with water quality standards for parameters that the permit only requires to be monitored. ...more

California Adopts New General Industrial Storm Water Permit

On April 1, 2014, after 12 years of drafts, public comments and deliberations, the California State Water Resources Control Board (“State Board”) adopted a new General Industrial Storm Water Permit (“General Permit”), which...more

California Water Board Finalizes New Water Quality Requirements for Industrial Facility Storm Water Discharges

For the first time in 17 years, industrial facilities in California must contend with a new set of legal requirements controlling storm water. On April 1, 2014, the California State Water Resources Control Board (State...more

Regulating Stormwater – The Never Ending Saga

As you could probably tell from the number of posts I’ve written on the subject, stormwater fascinates me. Not that I particularly like rain or snow (particularly after this winter!). But, as an environmental concern and...more

Anticipating Washington State’s New Industrial Stormwater General Permit

The Washington Department of Ecology is in the process of renewing the current Industrial Stormwater General Permit (ISGP), which is set to expire on January 1, 2015. Current permit holders will need to reapply for continued...more

2 and 1/2 Strikes and the NGOs May Be Out: EPA Refuses to Exercise Residual Designation Authority

Stormwater regulation is a thorny issue. There is widespread agreement that nutrient run-off can be a significant problem, but little agreement on what to do about it, since stormwater infrastructure is normally managed by...more

Flood Of Decisions Washes Away EPA Permits On Stormwater

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System ("NPDES") as part of the 1972 Clean Water Act. Yet, confusion remains and disputes continue about which activities and...more

State Water Board to Adopt Revised Industrial Storm Water Permit on April 1, 2014

The California State Water Resources Control Board (State Board) recently notified the public that it will consider for adoption the final draft of the general NPDES permit that regulates storm water discharges associated...more

Breaking: California's General Industrial Storm Water Permit Slated For Adoption on April 1, 2014

Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents. This is the fourth (and likely final) version of the Draft Industrial...more

2014 Top Energy & Environmental Regulatory Issues

In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels...more

The District of Columbia's Implementation of Stormwater Management Regulations Enters Second Transition Phase

During the second transition period for the implementation of the District's new Stormwater Management Regulations, certain regulated projects may qualify for exemptions from certain stormwater retention requirements....more

Do You Need To Permit Your Stormwater Discharge?

It has been more than 40 years since Congress created the National Pollutant Discharge Elimination System (NPDES) in the 1972 Clean Water Act. Yet, confusion remains about which activities and discharges actually require...more

Proposed Amendments to VSMP Regulations Would Move Goal Posts

The State Water Control Board recently issued a Public Notice concerning proposed amendments to the Virginia Stormwater Management Regulations, 9 VAC 25-870, et seq. (the “Regulations”), and indicated it will consider those...more

Low Impact Development’s Supersized Stamp on California Storm Water Regulation

Without much fanfare, low impact development (“LID”) practices have become a dominant trend in federal and California storm water regulation. The California State Water Resources Control Board (“State Board”) and the Regional...more

What You Need To Know About EPA’s New Stormwater Permit

In late September, just before the government shutdown, EPA released its draft “Multi-Sector General Permit” (MSGP) for stormwater discharges from industrial sources. The MSGP is important for two reasons. First, it is the...more

New California Law Establishes Additional Requirements for Conducting Elections Involving Stormwater and Flood Control Service...

Public Agencies Must Adhere to New Steps By Next Summer - Public agencies that handle water, sewer, and solid waste services in California are required to comply with certain mailed notice and majority protest public...more

Federal Court Upholds the Final TMDL for the Chesapeake Bay in Important Decision Involving Cooperative Federalism

In a case of first impression, the United States District Court for the Middle District of Pennsylvania upheld the EPA's authority to establish a final total maximum daily load (TMDL) for the Chesapeake Bay Watershed that...more

Ninth Circuit’s Fanciful Interpretation of the Clean Water Act Ripe for another Reversal?

Shortly after admonishing the Ninth Circuit for its strained interpretation of the Clean Water Act (“CWA”), the Supreme Court may be asked to repeat itself. On January 8, 2013, in Los Angeles County Flood Control District v....more

More on the Permit Shield Defense: A Permittee Is — Gasp — Entitled to Rely on Regulations and Permits Issued by Delegated State...

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the nature of its discharge. Now we see the flip side. In Wisconsin Resources...more

What Is the Burden In Proving a Violation of a Stormwater Permit? If It Walks Like a Stormwater Discharge …

Those of us who do NPDES work know that enforcement, including citizen enforcement, against industrial point sources can often be all to straightforward. The plaintiff marches into court with a pile of the defendant’s...more

Ninth Circuit Reverses Prior Ruling: Pollution Levels In Monitoring Data Are Sufficient To Hold County Liable For Storm Water...

Urban storm water runoff has been recognized as one of the most significant sources of water pollution in the country. ...more

Business News Digest – August 2013

In this issue: - SEC Allows Public Advertising of Private Securities Offerings - What Your Nonprofit Needs to Do about HIPAA – Now - The 2013 Draft MDE General Permit for Stormwater Associated with...more

California Environmental Law and Policy Update - August 1, 2013

Environmental and Policy Focus: Groups concerned over California Environmental Quality Act revisions - Sacramento CBS Local - Jul 29 -- A coalition of business, housing and local government leaders is warning...more

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