Clean Water Act, Discharge of Pollutants, Stormwater Discharge Permits

Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/29/2024

A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL 2933009. ...more

Industrial Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/6/2024

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Baltimore, Maryland, Scrap Recycling Facility Enter into Consent...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/9/2024

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

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

Jenner & Block on 3/24/2023

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

FINAL REMINDER – ACTION NEEDED: It’s Time to Renew Coverage Under the NPDES PAG-03

McNees Wallace & Nurick LLC on 3/22/2023

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

EPA Requires Permits for Previously Unregulated Stormwater Discharges in Massachusetts

Morgan Lewis on 9/21/2022

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

Commercial/Industrial/Institutional ("CII") Stormwater Sources: Conservation Law Foundation Petition to Conn. Department of Energy...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/20/2021

The Conservation Law Foundation (“CLF”) submitted a December 9th Petition to the Connecticut Department of Energy and Environmental Protection (“CDEEP”) styled: Re: Petition for a Determination that Certain Commercial,...more

Oregon Adopts a Significantly Modified (and Legally Vulnerable) Industrial Stormwater General Permit

Beveridge & Diamond PC on 5/6/2021

Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z...more

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

Downey Brand LLP on 3/8/2021

AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

Don’t Slip and Fall into Noncompliance: EPA’s Proposed Criminal Negligence Standard under the Clean Water Act

Williams Mullen on 1/12/2021

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

Massachusetts Municipal Separate Storm Sewer Systems Permit Finalized

Holland & Knight LLP on 12/16/2020

With little fanfare and no significant changes from the draft published April 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized modifications to the Clean Water Act (CWA) National Pollutant Discharge...more

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Nevada County...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/22/2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Nevada County entered into a March 20th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Lynden, Washington Refrigerated Warehousing/Storage Facility...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/13/2020

The United States Environmental Protection Agency (“EPA”) and Americold Logistics, LLC – Lynden (“ALLL”) entered into a March 9th Consent Agreement (“CA”) to address alleged violations of a Clean Water Act Stormwater...more

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Izard County/Marion...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/10/2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Micro Plastics, Inc., (“MPI”) entered into a January 30th Consent Administrative Order (“CAO”) addressing alleged violations of...more

EPA Releases 2020 Multi-Sector General Permit for Comment

Beveridge & Diamond PC on 3/3/2020

The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2020 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP), which authorizes stormwater discharges...more

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fayetteville,...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/31/2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and American Air Filter Company, Inc., (“AAFC”) entered into a December 19th Consent Administrative Order (“CAO”) addressing...more

Stormwater Enforcement: Arkansas Department of Energy and Environment (Division of Environmental Quality) and Fayetteville,...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/18/2019

The Arkansas Department of Energy and Environment, Division of Environmental Quality (“DEQ”) and MMSC, LLC, d/b/a Heritage Farms (“Heritage”) entered into an October 9th Consent Administrative Order (“CAO”) addressing alleged...more

Rewetting the Ink on Washington’s Industrial Stormwater General Permit: Significant Modifications Coming Down the Pipes

Beveridge & Diamond PC on 6/21/2019

The Washington Department of Ecology (Ecology) released the draft 2020 Industrial Stormwater General Permit (ISGP) for public comment. The draft permit contains a number of changes from the existing ISGP, including adding two...more

Stormwater Permit Renewal: Arkansas Industrial General Permit ARR000000

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/11/2018

The Arkansas Department of Environmental Quality (“ADEQ”) has issued a renewed Stormwater Industrial General Permit (“IGP”). The IGP is denominated ARR000000 and will be effective July 1, 2019....more

Land Application/Water Enforcement: Arkansas Department of Environmental Quality and Miller County, Arkansas Facility Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/28/2018

The Arkansas Department of Environmental Quality (“ADEQ”) and Jiles Clay Smith d/b/a S & S Farms (“S & S”) entered into an August 31st Consent Administrative Order (“CAO”) addressing alleged violations of a No-Discharge Water...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Pennsylvania Department of Transportation Enter into Consent...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/6/2018

The United States Environmental Protection Agency (“EPA”) and Pennsylvania Department of Transportation (“PDOT”) entered into an August 29th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain...more

Environmental Groups Score First Victory to Expand Regulation of Stormwater Under the NPDES Program

Beveridge & Diamond PC on 8/20/2018

Last week, the U.S. District Court for the Central District of California gave environmental groups a significant win in their bid to force EPA to regulate new sources of stormwater discharges under the Clean Water Act...more

MS4/Stormwater Citizen Suit Enforcement: Conservation Law Foundation Lawsuit Alleging Clean Water Act Violations Associated with...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/2/2018

The Conservation Law Foundation (“CLF”) filed a June 19th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) in the United States District Court for the District of Massachusetts against the...more

Sanitary Sewer Overflow/Clean Water Act Enforcement: Arkansas Department of Environmental Quality and Polk County, Arkansas...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/27/2018

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Mena, Arkansas (“Mena”) entered into a May 24th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National...more

Stormwater Enforcement: Arkansas Department of Environmental Quality and White County, Arkansas, Solid Waste Transfer Station...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/21/2018

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Searcy (“City”) entered into a May 24th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution...more

Clean Water Act › Discharge of Pollutants › Stormwater Discharge Permits

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