Tag Archives: EPA

New Construction Stormwater Permit Includes Contentious Liability Provision

On January 19, 2017, the EPA published the 2017 Construction General Permit (CGP) which becomes effective February 16, 2017, replacing the 2012 version. The five-year permit includes all stormwater discharges at construction sites over an acre in size. The permit covers sites in Massachusetts, New Hampshire, and several other states where EPA is the permitting … Continue Reading

RI Federal Court Sides With EPA On Stormwater Permitting Requirements

A federal court in Rhode Island recently held for the EPA on the scope of its non-discretionary duties regarding stormwater discharges.  The case arises out of the EPA’s failure to (i) notify certain commercial and industrial polluters that they must obtain stormwater discharge permits and install operational controls, and (ii) provide them with applications for … Continue Reading

Simplifying and Supplementing EPA Settlements with SEPs

What if you could settle a difficult and contentious enforcement action with the Environmental Protection Agency (EPA) by installing a green roof on a children’s hospital? The EPA not only allows for such Supplemental Environmental Projects (SEP) as a component of a negotiated resolution, the agency encourages their use. A number of states have parallel … Continue Reading