Stormwater Discharge Permits

News & Analysis as of

Maine DEP's New Multi-Sector General Permit

It is expected that the State of Maine multi-sector general stormwater permit for industrial facilities will be signed by Commissioner Mercer shortly. The new 5-year permit requires that facilities subject to the permit,...more

California Must Pick Up Stormwater Check

Local public agencies realized an important victory in a more-than-decade-long, who-should-foot-the-stormwater-bill battle — a battle focused on a permit issued by the Los Angeles Regional Water Quality Control Board to the...more

EPA Updates Penalty Calculation Guidance for Industrial Stormwater Discharges

On September 8, the EPA published Supplemental Guidance to the 1995 Interim Clean Water Act Settlement Penalty Policy for Violations of the Industrial Stormwater Requirements. This new guidance applies only to stormwater...more

Southern California Environmental Update #2

This is the second update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and feedback....more

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The...more

Southern California Environmental Update #1

This is the first update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin l Valley. Let us know what you think. Your comments on this Update will...more

Municipalities, Farmers, and Manufacturers Targeted by EPA's New Enforcement Initiatives

Municipalities and those involved in animal feeding and food manufacturing operations take heed: heightened EPA scrutiny is coming your way!...more

U.S. EPA’s Proposed Rule Would Modernize NPDES Regulations

Earlier this month, the United States EPA proposed a rule (“Proposed Rule”) that would update and revise National Pollutant Discharge Elimination System (“NPDES”) regulations. Rather than reopening the existing NPDES...more

Proposed Stormwater Control Regulations Would Increase Burden on Builders, Developers

Developers and builders face potentially more stringent requirements under the U.S. Environmental Protection Agency's (EPA) recently proposed draft National Pollutant Discharge Elimination System (NPDES) general permit for...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges - All 10 EPA regions are seeking public comment on the draft 2017...more

U.S. EPA Issues Final Storm Sewer General Permit for 260 Massachusetts Municipalities

On April 13, 2016, the U.S. Environmental Protection Agency (EPA) issued a final general permit updating requirements for small “Municipal Separate Storm Sewer Systems” (MS4s) located in Massachusetts. Regulated MS4s...more

EPA Releases Long-Awaited MS4 Permit for Massachusetts

As announced in the Federal Register this week, EPA finally released the General Permit for small Municipal Separate Storm Sewer Systems in Massachusetts (say that three times fast!) This permit has been in the works for...more

Texas Supreme Court: Protections of Governmental Immunity Remain Robust But Are Not Absolute

On April 1, 2016, the Texas Supreme Court, in Houston Belt & Terminal Railroad Co., et al.. v. City of Houston, et al., reviewed the implementation of the City of Houston’s 2011 drainage fee ordinance. ...more

Court of Appeals Upholds Maryland's Flexible Approach To Stormwater Permitting - Ruling Paves the Way for Counties to Seek...

The Maryland Court of Appeals has issued an important decision broadly upholding county stormwater permits issued by the Maryland Department of the Environment (MDE). The court's unanimous decision, authored by Judge Sally...more

Revised Permits for Small Municipal Stormwater Systems – Coming Soon to Massachusetts; New Hampshire Next in Line, with Maine Not...

Massachusetts - The U.S. Environmental Protection Agency (EPA), Region 1, recently announced that in the next few weeks it will finalize a revised general permit for small municipal stormwater sewer systems (“MS4s”) in...more

Regulators and Environmental Groups Differ on How to Address Stormwater Contribution to Algae Blooms in the Charles River

The battle over phosphorous in the Charles River and its resultant toxic algae blooms is heating up again, with EPA finalizing its MS4 permit targeting municipalities and their stormwater runoff into the river and...more

EPA’s Charles River Two-Step

At least since the Standells’ Dirty Water in 1966, cleaning up the Charles River has been on the mind of Bostonians (and Cantabrigians and those farther upriver). Notwithstanding significant recent progress, there remains...more

EPA Simplifies SWPPPs for Small Residential Construction Projects

Developing a stormwater pollution prevention plan (SWPPP) for a construction project can take a lot of time and effort, and the requirements for a small project usually don’t differ from those for a large project. EPA wants...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

Environmental Group News: MS4 General Permit (Small Municipal Stormwater Systems) Reissued

The General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4 general permit), which protects waters of the state from urban stormwater runoff through municipal separate stormwater...more

Stormwater Permits Are Not One Size Fits All

It’s rare for a stormwater lawsuit to result in a court decision since most settle in the early stages, but a ruling by U.S. District Court Judge John C. Coughenour in the Western District of Washington provides useful...more

Illinois Supreme Court Rules Local Land Use Codes Apply to School Districts

In a long-anticipated decision, the Illinois Supreme Court ruled on September 24, 2015, that school districts are subject to municipal zoning and land use regulations. The decision in Gurba v. Community High School District...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19203 - Tilcon Connecticut, Inc. v. Commissioner of Environmental Protection - Applicant sought a water diversion permit for some of its quarries for water used in its rock...more

Multi-Sector General Permit for Stormwater Discharges – Newly Issued and Newly Challenged

U.S. EPA issued a new Multi-Sector General Permit for Stormwater Discharges from Industrial Activities on June 4, 2015, replacing the 2008 general permit, which expired in September 2013 and had been administratively...more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2015

EPA Seeks Comment On Series 810 Test Guidelines: On June 17, 2015, the U.S. Environmental Protection Agency (EPA) announced the availability for comment of several Series 810, non-binding, draft test guidelines developed by...more

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