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
3/25/2024
/ Comment Period ,
Department of Environmental Quality ,
Discharge of Pollutants ,
Handbooks ,
New Guidance ,
Proposed Regulation ,
Solar Energy ,
Storm Water ,
Stormwater Discharge Permits ,
Utilities Sector ,
Waste Management
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
3/19/2024
/ Construction Industry ,
Construction Project ,
Department of Environmental Quality ,
Discharge of Pollutants ,
FERC ,
Interconnections ,
Public Comment ,
Solar Farm ,
Storm Water ,
Stormwater Discharge Permits ,
Utilities Sector ,
Waste Management ,
Water Pollution ,
Water Quality
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
8/29/2022
/ Chesapeake Bay ,
Comment Period ,
Construction Industry ,
Construction Project ,
Department of Environmental Quality ,
Discharge of Pollutants ,
Proposed Regulation ,
Solar Farm ,
Storm Water ,
Stormwater Discharge Permits ,
Waste Management ,
Water Pollution ,
Water Quality
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
As we have reported in previous articles, controversy over whether the Clean Water Act (CWA) regulates discharges of pollutants that travel through groundwater into surface waters has led to significant litigation across the...more
5/8/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
In the ever-increasing effort to control nutrient (phosphorous and nitrogen) loads into the Chesapeake Bay watershed, Virginia and other Bay states are looking for additional means to ratchet down nutrient-laden stormwater...more
7/16/2019
/ Chesapeake Bay ,
Department of Environmental Quality ,
Discharge of Pollutants ,
General Permit ,
Industrial Storm Water Permit ,
New Regulations ,
Pollution Control ,
Solid Waste ,
TMDL ,
Waste Treatment Facilities ,
Wastewater
For many facilities and construction sites, the routine practical problems arising from wet weather go with the territory. However, if stormwater management is compromised or if flooding and coastal storm surges occur, a...more
4/1/2019
/ Construction Project ,
Discharge of Pollutants ,
Environmental Liability ,
Environmental Violations ,
Groundwater Management Plan ,
Hazardous Waste ,
Land-Use Permits ,
Manufacturing Facilities ,
Permits ,
Risk Management ,
Storm Damage ,
Storm Water
EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more
10/3/2018
/ Adjacent Property Owners ,
Clean Air Act ,
Clean Water Act ,
Clean Water Rule ,
Coal ,
Coal Ash ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
New Guidance ,
RCRA ,
Sierra Club ,
Strategic Enforcement Plan ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more
5/3/2018
/ Clean Air Act ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Groundwater Management Plan ,
Landfills ,
Manufacturers ,
Methane ,
Mining ,
NPDES ,
POTWs
EPA recently announced that it is seeking comments on how to address one of the more vexing issues involving EPA’s jurisdiction under the Clean Water Act (“CWA”): whether discharged wastewater or stormwater that passes...more