A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through groundwater to surface waters that are “fairly traceable” to an end-of-pipe discharge. The new “fairly traceable” standard may require a range of facilities, from groundwater recharge projects to stormwater treatment basins, traditional retention ponds and even individual septic systems to obtain NPDES permits See more +
A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through groundwater to surface waters that are “fairly traceable” to an end-of-pipe discharge. The new “fairly traceable” standard may require a range of facilities, from groundwater recharge projects to stormwater treatment basins, traditional retention ponds and even individual septic systems to obtain NPDES permits under the Clean Water Act. The issue is being considered in courts across the country and is likely to end up before the Supreme Court.
In anticipation of the nationwide impact of the decision, the EPA has requested comments on whether it should pursue rulemaking on the issue. This webinar discusses the Ninth Circuit’s decision and its implications for water managers, flood control systems and waste disposal operations. See less -
