Recording of January 11 town hall now available
By Evan Milberg, Reprinted with Permission of Smartbrief
On December 27, ÌÇÐÄÆƽâ°æ commented (coalition letter) on the U.S. Environmental Protection Agency’s (EPA) draft guidance on when discharges to surface waters via groundwater would require a Clean Water Act section 402 permit (National Pollutant Discharge Elimination System or NPDES). ÌÇÐÄÆƽâ°æ’s primary concern is that the new guidance would lead EPA to consider prevalent stormwater infrastructure (such as sediment basins or retention ponds) as point sources requiring a NPDES permit. These stormwater controls are themselves often required by NPDES permits.
In November, the U.S. Environmental Protection Agency (EPA) quietly released draft guidance on when discharges to surface waters via groundwater would require a Clean Water Act section 402 permit (National Pollutant Discharge Elimination System). Regulated entities will need to determine whether a permit is necessary before discharges occur, and EPA will act if unauthorized discharges to waters of the United States (WOTUS) are