Stormwater
Stormwater practice requires that we address issues on behalf of our clients that include:
- Providing advice to client regarding what activities are and are not regulated under the stormwater regulations
- Stormwater compliance activities required by state and federal administrative laws and regulations
- Notifications and permitting related to stormwater
- Facilitation and coordination of preparation of Stormwater Pollution Prevention Plans
- Defense of administrative or civil enforcement actions related to stormwater issued or instituted by state or federal administrative agencies
- Defense of civil actions by state and US departments of justice related to stormwater after referral of administrative enforcement actions by state or federal environmental agencies
Stormwater matters in which the firm has or attorneys with the firm have been involved include the following:
- Prepared a storm water pollution prevention plan, Control and Countermeasures (SPCC) Plan, Spill Prevention and SPCC Plan Implementation procedures for a company that transports oil
- Prepared a Notice of Intent for a General Storm Water permit for a company that owns private sewage treatment plants
- Managed storm water sampling and prepared general and individual storm water discharge permit applications for two chemical plants, two refineries and a commercial TSDF
- Prepared Storm Water Pollution Prevention Plans for construction activities
- Prepared Storm Water Pollution Prevention Plans for industrial activities
The National Pollutant Discharge Elimination System (NPDES) Stormwater Program controls stormwater discharges from three potential sources: municipal separate storm sewer systems (MS4s), industrial activities, and construction activities. Most stormwater discharges are considered to be point sources, and operators of these sources may be required to obtain an NPDES permit before they discharge. This permitting system is designed to prevent stormwater runoff from transporting harmful pollutants into local surface waters such as streams, lakes, rivers or coastal waters.
Phase I of the U.S. Environmental Protection Agency’s (EPA) stormwater program was presented in 1990 under the CWA. Phase I is dependent on National Pollutant Discharge Elimination System (NPDES) permit coverage to deal with stormwater runoff from “medium” and “large” municipal separate storm sewer systems (MS4s) which generally serve populations of 100,000 or greater, construction activity disturbing 5 acres of land or greater, and ten categories of industrial activity.
In urbanized areas, stormwater discharges from MS4s are of concern due to the high concentration of pollutants they contain. Concentrated development in urbanized areas significantly increases impervious surfaces, such as driveways, city streets, sidewalks, and parking lots, on which pollutants from concentrated human activities settle and stay until a storm event washes them into a nearby storm drain. Stormwater runoff from construction activities can have a substantial impact on water quality. As stormwater flows over a construction site, it picks up pollutants like sediment, chemicals, and debris and transports them to a nearby storm sewer system or directly to a lake, river, or coastal water.
The Stormwater Phase II Final Rule is the next step in EPA’s effort to protect, preserve, and improve the Nation’s water resources from polluted stormwater runoff. The Phase II program expands on the Phase I program by requiring operators of MS4s in urbanized areas and operators of small construction sites to implement programs and practices to control polluted stormwater runoff through the use of NPDES permits.