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Clean Water Act › Stormwater Discharge Permits › Storm Water

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
J.S. Held

PFAS Monitoring Requirements and Stormwater Pollution Prevention Under the 2026 NPDES Permit

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On December 13, 2024, the United States Environmental Protection Agency (EPA) published a request for public comment for the 2026 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater...more

Beveridge & Diamond PC

EPA Region 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated...

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Key Takeaways - What Is Happening? On October 31, 2024, the U.S. Environmental Protection Agency (EPA) Region 1 provided notice of two proposed actions pursuant to its “residual designation authority” (RDA) under the Clean...more

Brownstein Hyatt Farber Schreck

California’s ‘New’ Construction Stormwater General Permit—Time To Engage?

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On Aug. 28–29, 2024, approximately 50 people gathered at the University of California San Diego Extension to learn about the California State Water Resources Control Board’s (State Water Board) reissuance of the Construction...more

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

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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

Goulston & Storrs PC

Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know

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Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge...more

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

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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

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

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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

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Stormwater Enforcement/Clean Water Act: United States Department of Justice and Fort Smith, Arkansas, Based National Freight...

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The United States Department of Justice (“DOJ”) and ABF Freight System, Inc. (“ABF”) entered into a March 20th Consent Decree (“CD”) addressing alleged violations of Clean Water Act Industrial Stormwater Permits. See United...more

McNees Wallace & Nurick LLC

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

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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

Morgan Lewis

EPA Requires Permits for Previously Unregulated Stormwater Discharges in Massachusetts

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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

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Stormwater Enforcement: U.S. Environmental Protection Agency and Maryland Concrete Pipe Manufacturer Enter into Consent Agreement

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The United States Environmental Protection Agency (“EPA”) and Concrete Pipe and Precast, LLC (“CPP”) entered into a September 2nd Consent Agreement (“CA”) addressing alleged violations under Clean Water Act stormwater...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Tigard, Oregon, Structural Steel Fabricator Enter into Consent...

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The United States Environmental Protection Agency (“EPA”) and Fought & Company, Inc., (“Fought”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Stormwater Industrial General Permit. See Docket No....more

Beveridge & Diamond PC

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

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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

Downey Brand LLP

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

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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

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

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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

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

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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

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Citizen Suit Enforcement: Columbia Riverkeeper and Cashmere, Washington Fruit Processing Facility Enter into Consent Decree...

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Columbia Riverkeeper (“Riverkeeper”) and Crunch Pak, LLC, (“Crunch”) entered into a January 7th Consent Decree in the United States District Court (Eastern District of Washington) addressing alleged violations of a Clean...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Walpole, Massachusetts Development Enter into Expedited...

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The United States Environmental Protection Agency (“EPA”) and Wall Street Development Corporation (“Wall Street”) entered into a November 27th Expedited Settlement Agreement (“ESA”) to address alleged violations of certain...more

Alston & Bird

California Adopts First-in-Nation Stormwater Permit Incorporating TMDLS

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On November 6, 2018, California adopted the first-in-the-nation stormwater permit incorporating TMDLs and NELs. The new Industrial Stormwater Permit will take effect on July 1, 2020. Is your facility located in the Los...more

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Commercial/Industrial/Institutional ("CII") Stormwater Sources: Federal Court Addresses Whether NPDES Permitting is Required

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A United States District Court (Central District of California) (“Court”) addressed in an August 9th opinion an issue involving the application of the Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

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

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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

Beveridge & Diamond PC

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

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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

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

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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

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Evolution of Stormwater Permitting and Program Implementation Approaches Report: May 17th U.S. Environmental Protection Agency...

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Region 9 of the United States Environmental Protection Agency (“EPA”) issued a May 17th report titled: Evolution of Stormwater Permitting and Program Implementation Approaches – Workshop Report Recommendations for Program...more

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Stormwater: Riverkeeper/Waterkeeper Alliance Challenge New York Multi-Sector General Permit (Industrial Activity)

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The environmental organizations Riverkeeper, Inc. and Waterkeeper Alliance, Inc. (collectively “Waterkeeper”) filed an action in the Supreme Court of the State of New York against the New York State Department of...more

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