Category: Clean Water Act

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Revised Public Workshop Date and Comment Deadline for State Water Board’s Proposed Reissuance of the Statewide Construction Stormwater General NPDES Permit

On June 10, 2021, the State Water Resources Control Board (“Water Board”) issued a Revised Public Notice that changed certain dates noted in our June 2, 2021 blog post.  The Water Board’s public hearing to receive public comments on the draft Construction Stormwater General Permit reissuance is now scheduled to occur at 9:00 a.m. on August … Continue Reading

State Water Board Now Receiving Public Comments on Its Proposed Reissuance of the Statewide NPDES Construction Stormwater General Permit

The State Water Resources Control Board (“Water Board”) is now receiving public comments on its proposed reissuance of the statewide National Pollutant Discharge Elimination System (“NPDES”) Construction Stormwater General Permit (“Construction Stormwater General Permit”). I.     Background The Construction Stormwater General Permit regulates discharges to waters of the United States from stormwater and authorized non-stormwater … Continue Reading

Update: State Water Board Adopts Final Winery General Order

At its January 20, 2021 Board meeting, the State Water Resources Control Board (“SWRCB” or “Board”) adopted its final General Waste Discharge Requirements (“WDRs”) for Winery Process Water (“Winery Order”) and associated Resolution for the California Environmental Quality Act (“CEQA”) Mitigated Negative Declaration. As a brief background, on July 3, 2020 the SWRCB released a … Continue Reading

State Water Board Staff Releases Staff Preliminary Draft Statewide Construction Stormwater General Permit and Announces Virtual Workshops

On November 30, 2020, State Water Resources Control Board (State Water Board) staff released a preliminary staff draft of the Statewide Construction Stormwater General Permit (Preliminary Draft General Permit).  In conjunction with its release of the Preliminary Draft General Permit, State Water Board staff also announced that they will hold two public workshops regarding the … Continue Reading

California Wineries Take Note, Part Two: State Water Board Notices Stakeholder Meeting Regarding Winery General Order Fees

As a follow-up to our July 15, 2020 blog post regarding the State Water Resources Control Board’s (State Water Board) release of proposed General Waste Discharge Requirements for Winery Process Water Treatment Systems (proposed General Order), today the State Water Board issued a public notice regarding the first stakeholder meeting to discuss fees associated with … Continue Reading

California Wineries Take Note: State Water Board Releases Draft General Order for Winery Process Water for Public Comment

On July 3, 2020, the State Water Resources Control Board (State Water Board) released proposed General Waste Discharge Requirements for Winery Process Water Treatment Systems (proposed General Order) along with the draft California Environmental Quality Act (CEQA) Initial Study and Mitigated Declaration for public comment.  The proposed General Order will apply statewide, and includes requirements … Continue Reading

Supreme Court Holds Clean Water Act Permit Required for Some Discharges to Groundwater

Last Thursday, the U.S. Supreme Court held that the Clean Water Act (“CWA”) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge is the “functional equivalent of a direct discharge” to the navigable water.1 In reaching this decision, the Court took the middle ground. It rejected both the … Continue Reading

California SWRCB Launches Senate Bill 205 Compliance Page

This information is provided as a follow-up to our blog post titled “Senate Bill 205 Imposes New Requirements for Industrial Companies in California” published on January 3, 2020. The State Water Resources Control Board (“SWRCB”) published a new page on its website that provides implementation information for Senate Bill 205.  This page includes helpful information … Continue Reading

Senate Bill 205 Imposes New Requirements for Industrial Companies in California

Last fall, the California Legislature enacted Senate Bill 205 in an effort to more effectively control stormwater pollution from regulated industrial companies.  Effective January 1, 2020, an industrial company will not be able to receive an initial business license or business license renewal unless it can demonstrate compliance with the National Pollutant Discharge Elimination System … Continue Reading

California Court of Appeal Rejects “Substantial Factor” Test for Regional Board to Issue a Cleanup and Abatement Order to a Responsible Person

After years of investigation, the San Diego Regional Water Quality Control Board (“Regional Board”) issued a cleanup and abatement order (“CAO”) to San Diego Gas & Electric Company (“SDG&E”) after finding that SDG&E caused or permitted waste to be discharged into the San Diego Bay, and thereby created, or threatened to create, pollution and nuisance … Continue Reading

California to Thwart Trump’s Rollback of Federal Environmental Protections, Including Waters of US Deregulation

Newton’s Third Law apparently not only applies in physics, but in politics as well.  Last week, the California Senate leadership unveiled the “Preserve California” legislative package to oppose the rollback of federal environmental protections by President Trump and the GOP-controlled U.S. Congress.  The package included California State Senate Bill 49, aka the “California Environmental Defense … Continue Reading

New Clean Water Rule Unlikely To Significantly Change Regulatory Status Quo…At Least For Now

The wait for the new rule is now over!  The EPA and Corps of Engineers have jointly issued the rule defining which waters are protected by the federal Clean Water Act, with the new rule largely reflecting historical interpretations arising from SCOTUS decisions. Please click on this link for more in-depth information and analysis prepared by Michael Campbell from … Continue Reading

Ten Things To Know About California’s New Industrial Storm Water Permit

On April 1, 2014, the State Water Resources Control Board unanimously adopted a new Industrial Storm Water permit (2014 Permit).  You can find the new Industrial Storm Water permit and supporting documents here, along with a change sheet also adopted by the State Board. The federal Clean Water Act prohibits certain discharges of storm water … Continue Reading

Supreme Court Rejects Logging Road Permit Requirement

On March 20, 2013, the Supreme Court ruled in Decker v. Northwest Environmental Defense Center 586 U.S. (2013) reversing a ruling from the U.S. Court of Appeals for the Ninth Circuit that would have required Clean Water Act permits (CWA) for stormwater running off logging roads. The decision turns largely on deference to EPA’s interpretation … Continue Reading
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