Notice of Violation, NPDES

Fourth Circuit Holds Regulatory Notice of Violation Insufficient to Bar Private Party Clean Water Act Citizen Enforcement

ArentFox Schiff on 7/29/2022

Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators. However, the statutes generally give private parties avenues to pursue litigation when regulators ―...more

Stormwater Enforcement/Construction: Alabama Department of Environmental Management and Tuscaloosa County Commercial Development...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/21/2021

The Alabama Department of Environmental Management (“ADEM”) and Quiktrip Corporation (“Quiktrip”) entered into an October 6th Consent Order (“CO”) addressing alleged violations of an ADEM National Pollution Discharge...more

Stormwater/Wastewater Enforcement: Proposed Tennessee Department of Environment and Conservation Director's Order/Assessment

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/14/2021

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 17th proposed Director’s Order and Assessment (“Order”) to Hommel Construction (“Hommel”) addressing alleged violations of a National...more

Clean Water Act Enforcement: Arkansas Department of Environmental Quality Faulkner County Judicial Action Against Wastewater...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/6/2018

The Arkansas Department of Environmental Quality (“ADEQ”) filed a November 28th Complaint in the Circuit Court of Faulkner County, Arkansas, against Flushing Meadows Water Treatment, Inc. (“FMWTI”) alleging certain violations...more

State Fish Hatchery/Clean Water Act Enforcement: Conservation Law Foundation Notice of Intent to Sue New Hampshire Fish and Game...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/7/2018

The Conservation Law Foundation (“CLF”) sent an August 2nd document to the New Hampshire Fish and Game Department and others (collectively “NH Department”) titled: Notice of Violations and Intent to File Suit under the...more

Wastewater Enforcement: Arkansas Department of Environmental Quality Issues Notice of Violation in Relation to Operation of Eureka...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/8/2017

The Arkansas Department of Environmental Quality (“ADEQ”) issued a Notice of Violation (“NOV”) to VPG Partners II, LLC (“VPG”) in regards to alleged Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

PA EHB Says PADEP Suggested Penalty Amount Is “Merely Advisory”

Fox Rothschild LLP on 5/31/2017

When a developer receives a Notice of Violation (NOV) from PADEP for noncompliance with the Clean Streams Law — most typically involving alleged violations of an NPDES storm water construction permit — that NOV sometimes...more

Notice of Violation › NPDES