News & Analysis as of

Stormwater Discharge Permits

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

Harris Beach PLLC

New York DEC Issues SPDES General Permit for Stormwater Discharges Affecting More than 500 MS4 Operators

Harris Beach PLLC on

MS4 Operators are required to develop stormwater management programs aimed at reducing the discharge of pollutants affecting water quality under the final SPDES General Permit issued by the New York State Department of...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and George County Subdivision Developer Enter into Agreed...

The Mississippi Commission on Environmental Quality and D.R. Horton, Inc. (“D.R. Horton”) issued a September 20th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code provisions addressing stormwater...more

Burns & Levinson LLP

The Basics of Stormwater Permitting in Massachusetts

Burns & Levinson LLP on

After a summer of historic rainfall and flooding in Massachusetts, stormwater is on our minds. Stormwater is a major source of water pollution in the Commonwealth, and it is crucial that owners and operators of commercial and...more

Mandelbaum Barrett PC

The Inland Flood Protection Rule

Mandelbaum Barrett PC on

On July 17, 2023, the NJDEP adopted changes to its Stormwater Management (SWM) rules and Flood Hazard Area Control Act (FHACA) rules, labelled the Inland Flood Protection Rule. These changes are part of a broader initiative...more

Spilman Thomas & Battle, PLLC

Construction Stormwater Permitting Changes in Virginia

With recent changes to stormwater permitting in Virginia, the legal and practical implications of those changes need to be examined. Alex Turner, a member of the Virginia Bar and Spilman Thomas & Battle, PLLC’s Construction...more

Williams Mullen

Virginia’s Ongoing Construction Stormwater Program Guidance Evolution: Part III - A Recap and a Look Ahead

Williams Mullen on

Virginia’s construction stormwater discharge permit program continues to evolve on various fronts, including program implementation guidance. Indeed, stormwater regulatory stakeholders have much to digest from recent activity...more

Williams Mullen

Environmental Notes - July 2023

Williams Mullen on

North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation - The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more

Holland & Knight LLP

DOEE Issues Proposed Rule for Discharges of Groundwater into the MS4

Holland & Knight LLP on

The District of Columbia Department of Energy and Environment (DOEE) published a Notice of Proposed Rulemaking (Proposed Rule) to adopt a new Chapter 16 – Discharge of Groundwater to the Municipal Separate Stormwater Sewer...more

Jenner & Block

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

Jenner & Block on

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

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

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

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

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,...

Water Enforcement: Alabama Department of Environmental Management and Fayette County Sand & Gravel Mining Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and West Alabama Sand and Gravel, Inc. (“West Alabama”) entered into a December 7th Consent Order (“CO”) addressing alleged violations of regulations addressing...more

Burr & Forman

EPA Continues its Journey Down the PFAS Road(map)

Burr & Forman on

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

Coblentz Patch Duffy & Bass

New Stormwater Rules May Create Obstacles for Transit-Oriented Development Projects

The Regional Water Quality Control Board for the San Francisco Bay Region (the “Board”) recently eliminated a credit that many transit-oriented development projects have relied on to meet stormwater runoff requirements. The...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

Williams Mullen on

​​​​​​​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

Allen Matkins

Permittees Under the Construction General Permit and Industrial General Permit Must Take Steps Now to Ensure Compliance

Allen Matkins on

These recent civil penalties are generally much larger than what dischargers have faced in the past. Moreover, Regional Board inspectors have started taking much more aggressive positions with respect to compliance...more

Stoel Rives - Environmental Law Blog

State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”).  The State...more

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

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

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

Williams Mullen

A Dialogue with Mike Rolband, Director of Virginia DEQ

Williams Mullen on

Mike Rolband was appointed Director of the Virginia Department of Environmental Quality in January 2022. Recently, Channing Martin, a partner in the Environment and Natural Resources Group at Williams Mullen, had the...more

Williams Mullen

Virginia DEQ Issues Implementation Framework for its Recent Stormwater Memorandum for Solar Projects

Williams Mullen on

On April 14, 2022, Michael Rolband, the director of the Virginia Department of Environmental Quality (DEQ), issued a memorandum addressing the framework for the implementation of more stringent stormwater management...more

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