40 C.F.R. § 122.26 - Storm water discharges (applicable to State NPDES programs, see
Cite as | 40 C.F.R. § 122.26 |
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369 practice notes
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Meetings: National Environmental Policy Act compliance and environmental protection procedures,
...Community Right-To-Know Act (EPCRA) section 313 reporting (see Chapters 30-60 and 30-80). The [[Page 10236]] regulations are codified at 40 CFR 122.26. (d) Recordkeeping and Monitoring. The NPDES permits require holders to keep updated records and to install and maintain monitoring equipmen......
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Water pollution control: National pollutant discharge elimination system; State programs Texas,
...permit has been issued. Jurisdiction over all existing discharges of storm water associated with industrial or construction activity [40 CFR 122.26(b)(14)], including allowable non-storm water, authorized to discharge as of the date of program approval under one of the NPDES storm water gen......
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Agency information collection activities; proposals, submissions, and approvals,
...OMB Number 2050-0024; expires 10/31/2007. EPA ICR No. 0229.16; NPDES and Sewage Sludge Monitoring Reports (Renewal); in 40 CFR 122.21, 40 CFR 122.26(b)(14), 40 CFR 122.41(j)(1- 2), 40 CFR 122.41(l)(4), 40 CFR 501.15(b), 40 CFR 503.16-503.18, 40 CFR 503.26-28, 40 CFR 503.46-48; was approved ......
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Part II
...materials or activities are protected by storm-resistant sheltering so they are not exposed to rain, snow, snowmelt or runoff. (40 CFR 122.26(g)) Pesticide refilling operations and bulk storage operations required to apply for and obtain NPDES permits for storm water discharges associated w......
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189 cases
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Environmental Defense Center, Inc. v. U.S. E.P.A., No. 00-70014.
...MS4s") and stormwater discharges from construction activity disturbing between one and five acres ("small construction sites"). 40 C.F.R. §§ 122.26(a)(9)(i)(A)-(B). Small MS4s may seek permission to discharge by submitting an individualized set of best-management plans in six specified cate......
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Sierra Club v. El Paso Gold Mines, Inc., No. 03-1105.
...for discharges from inactive mine). Administrative regulations and an EPA policy statement provide further support for this view. See 40 C.F.R § 122.26(b)(14)(iii) (stating "active or inactive mining operations" are among the industrial activities that require a stormwater discharge permit ......
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County of Los Angeles v. Water Resources, No. B184034.
...pollutant discharge in areas of new development and significant redevelopment—the very area where regional board review occurs. (40 C.F.R. § 122.26(d)(2)(iv)(A)(2) (2006).) So long as the regional boards' decisions carry out federal and state water quality mandates resulting from express le......
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County of Los Angeles v. Water Resources, No. B184034.
...pollutant discharge in areas of new development and significant redevelopment —the very area where regional board review occurs. (40 C.F.R. § 122.26(d)(2)(iv)(A)(2) (2006).) So long as the regional boards' decisions carry out federal and state water quality mandates resulting from express l......
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53 firm's commentaries
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RCRA Endangerment Claims: A Newway To Regulate Point Source Discharges?
...112, 138 n.28 (1977). 41 2017 U.S. Dist. LEXIS 27435, at *12, *20 & *23 (N.D. Ala. Feb. 10, 2017). 42 33 U.S.C. § 1362(18). 43 40 C.F.R. §§ 122.26(b)(14) (stormwater), 403.3(j) (indirect 44 Plaintiff Tennessee Riverkeeper's Brief in Opposition to Defendant BFI's Motion to Dismiss Plaint......
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Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule
...statutory definition.11 The Ninth Circuit further held that the discharges at issue were unambiguously associated with industrial ? 4 40 C.F.R. § 122.26. 5 § 122.26(b)(14). 6 § 122.27. 7 Id. 8 33 U.S.C. § 1342(p)(6). 9 The two cases, Decker and Georgia-Pacific West, Inc. v. Northwest Enviro......
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Virginia Environmental Regulatory Developments (January 2014)
...124, 403, and 503. Effective Date: February 26, 2014. Summary: The amendments (i) incorporate into VPDES regulations recent changes to 40 CFR 122.26, to 40 CFR Parts 449 and 451, and to §§ 54.1-2301 and 62.1-44.5 of the Code of Virginia and (ii) update the regulation to allow the use of the......
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EPA Announces Intent To Propose Revised Logging Road Storm Water Regulations
...EPA, 344 F.3d 832, 863 (9th Cir. 2003). Specifically, the EPA is announcing its proposal to revise its Phase I storm water regulations (40 C.F.R. § 122.26) to make clear that storm water discharges from logging roads are not included in the definition of "storm water discharge associated wi......
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13 books & journal articles
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Point Source
...of a pollutant” in §122.2, which includes “surface runof which is collected or channeled by man.” 56 EPA’s implementing regulations at 40 C.F.R. §122.26 also require treatment of industrial storm sewers carrying stormwater that comes into contact with industrial wastes and lesser, phased re......
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Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Addition' Element of the Clean Water Act Offense
...sewers carry only stormwater, not sewage, while municipal combined sewers carry both stormwater and sewage. 71. 40 C.F.R. §122.2. 72. 40 C.F.R. §122.26(b)(14). 73. 965 F.2d 759, 22 ELR 21135 (9th Cir. 1992). 74. Id . at 764. A similar attempt to require temporal concurrence between “additio......
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Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Point Source' Element of the Clean Water Act Offense
...of a pollutant” in §122.2, which includes “surface runof which is collected or channeled by man.” 62 EPA’s implementing regulations at 40 C.F.R. §122.26 also require treatment of industrial storm sewers carrying stormwater that comes into contact with industrial wastes and lesser, phased re......
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A New Framework
...ELR Stat. FWPCA §402(p)(3)(B) (“maximum extent practicable” standard). 168. Id . §1342(p)(6), ELR Stat. FWPCA §402(p)(6). 169. 40 C.F.R. §122.26(c)(1). See generally Brian Weeks, Trends in Regulation of Stormwater and Nonpoint Source Pollution , 25 ELR 10300 (June 1995). 170. See 40 C.F.R. ......
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5 provisions
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Act 439, SB 355 – AMEND SECTIONS 11-89C-1,2,4,9 & 10 RELATING TO THE EPA'S MUNICIPAL SEPARATE STORM SEWER SYS PROGRAM
...under 40 C.F.R. Part 122, but shall include discharges from facilities which are included in the categories of industries listed in 40 C.F.R. 122.26(b)(14)(i) through (xi), inclusive, together with all subsequent categories of industries which may be so designated in 40 C.F.R. 122.26(b)(14)......
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Act 91, HB 5003 – Environmental protection: funding; certain fees; extend sunset. Amends secs. 3104, 3110, 3118, 3120, 4104, 11135, 11153, 30104, 30109, 32312 & 32513 of 1994 PA 451 (MCL 324.3104 et seq.)
...in the existing cover or topography of land that is 5 acres or more in size, for which a national permit is required pursuant to 40 CFR 122.26(a), and which is described as a construction activity in 40 CFR 122.26(b)(14)(x). Construction activity includes clearing, grading, and excavating a......
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Act 439, SB 355 – AMEND SECTIONS 11-89C-1,2,4,9 & 10 RELATING TO THE EPA'S MUNICIPAL SEPARATE STORM SEWER SYS PROGRAM
...under 40 C.F.R. Part 122, but shall include discharges from facilities which are included in the categories of industries listed in 40 C.F.R. 122.26(b)(14)(i) through (xi), inclusive, together with all subsequent categories of industries which may be so designated in 40 C.F.R. 122.26(b)(14)......
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Act 84, SB 447 – Environmental protection; permits; surface water and stormwater discharge, shoreland, bottomland, and inland lakes and streams fees; extend sunsets. Amends secs. 3118 & 3120 of 1994 PA 451 (MCL 324.3118 & 324.3120)
...in the existing cover or topography of land that is 5 acres or more in size, for which a national permit is required pursuant to 40 CFR 122.26(a), and which is described as a construction activity in 40 CFR 122.26(b)(14)(x). Construction activity includes clearing, grading, and excavating a......
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