Storm water discharges (applicable to State NPDES programs, see Section 123.25)

Cited in (701) Related
CurrencyCurrent through May 31, 2023
Citation 40 C.F.R. §122.26

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
199 cases
  • Puget Soundkeeper Alliance v. Cruise Terminals of Am., LLC
    • United States
    • U.S. District Court — Western District of Washington
    • November 20, 2015
    ... ... Background This case arises under the Clean Water Act (CWA), 33 U.S.C. §§ 1251 et seq ... Pollutant Discharge Elimination System (NPDES) permit. (Dkt. No. 26 at 1–2, 6.) Soundkeeper ... CTA or the Port to apply for Washington State's Industrial Stormwater General Permit, an tion against further discharges until permit coverage is obtained, civil fines, ... as permitted under certain exceptions, section 301(a) prohibits any person from discharging ... as the discharger complies with all applicable limitations. 33 U.S.C. § 1342(a)(1). Under the ... These regulations require "[d]ischargers of storm water associated with industrial activity" to ... ...
  • Naturaland Trust v. Dakota Fin. LLC
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • July 20, 2022
    ... ... , Circuit Judge: 41 F.4th 344 The Clean Water Act contains a citizen-suit provision allowing ... section 1365" if a State "has commenced and is diligently ... allegedly resulted in significant discharges of sediment-laden stormwater onto nearby property ... Pollutant Discharge Elimination System (NPDES) program. The Clean Water Act regulates "point ... than the installation and maintenance of storm water, sediment and erosion control measures as ... may lead to dismissal under the applicable law and regulations. Here, however, there is no ... ...
  • American Min. Congress v. U.S. E.P.A.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 27, 1992
    ... ... Protection Agency's ("EPA's") recent Clean Water Act ("CWA") storm water discharge rule, National ... Regulations for Storm Water Discharges, 55 Fed.Reg. 47,990, 48,065 (1990) (to be ... Pollutant Discharge Elimination System ("NPDES") permit. See CWA § 301(a), 33 U.S.C. § ... Section 402(p) of the Act establishes a moratorium until ... non-coal mines reclaimed under applicable federal or state laws after the rule's effective ... Reclamation Operations Under Regulatory Programs, 30 C.F.R. § 800.40 (1991); 46 Fed.Reg. at ... ...
  • Md. Small MS4 Coal. v. Md. Dep't of the Env't
    • United States
    • Maryland Court of Appeals
    • June 1, 2022
    ... ... Counsel, National Association of Clean Water Agencies, 1130 Connecticut Avenue, NW, Suite ... and swimmable by eliminating pollutant discharges into those waters. 1 To achieve that goal, the ... Under the Act and the State water pollution control statute, Respondent ... issues such permits to municipal separate storm sewer systems ("MS4s") in Maryland, which are ... at 184, 214 A.3d 61. A. Point Sources and NPDES Permits As a starting point, the Clean Water Act ... programs for stormwater management ... " Remarks of Senator ... body can tolerate without violating applicable water quality standards. 33 U.S.C. § ... from runoff is applied pursuant to section 209 and the authority resides in the State or ... ...
    • Get Started for Free
20 firm's commentaries
  • RCRA Endangerment Claims: A Newway To Regulate Point Source Discharges?
    • United States
    • Mondaq United States
    • June 1, 2017
    ...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......
  • Virginia Environmental Regulatory Developments (January 2014)
    • United States
    • JD Supra United States
    • February 24, 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......
  • MS4/Los Alamos County, New Mexico: U.S. EPA Appeals Board Addresses Whether Stormwater Designation Constitutes a Final Permitting Decision
    • United States
    • JD Supra United States
    • May 8, 2020
    ...It held that the Designation Decision is not a final permit decision under Part 124. Instead it was deemed a decision issued under 40 C.F.R. § 122.26. The absence of a final individual NPDES permit meant EAB lacks jurisdiction under 40 C.F.R. § 124.19 to review the EAB dismissed the Petitio......
  • EPA Announces Intent To Propose Revised Logging Road Storm Water Regulations
    • United States
    • Mondaq United States
    • May 25, 2012
    ...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......
    • Get Started for Free
32 books & journal articles
  • CHAPTER 12 CLEAN WATER ACT PERMITTING OVERVIEW: SECTIONS 402 AND 404
    • United States
    • FNREL - Special Institute Federal Regulation of Cultural Resources, Wildlife & Waters of the U.S. (FNREL)
    • Invalid date
    ...industrial activity" is broadly defined to include discharges from a wide array of manufacturing, processing, and storage activities. 40 C.F.R. § 122.26(b)(14) . a. To be subject to storm water permit requirements, however, facility must fall within an SIC code or other industry category li......
  • CHAPTER 8 ENVIRONMENTAL ISSUES INVOLVED IN OIL & GAS ACQUISITIONS AND DIVESTITURES
    • United States
    • FNREL - Special Institute Oil and Gas Acquisitions (FNREL)
    • Invalid date
    ...[94] 40 CFR Sec. 122.3(b). [95] 40 CFR Sec. 122.2. [96] 40 CFR Sec. 122.3. [97] See: 40 CFR Part 435. [98] 40 CFR Part 435.32(a). [99] 40 CFR Sec. 122.26. [100] 40 CFR Sec. 122.26(b)(14)(iii). [101] 33 U.S.C.A. Sec. 1342(1)(2). [102] 40 CFR Sec. 122.26(c)(1)(iii). [103] 40 CFR Sec. 122.26(b......
  • Protecting the Environment Through Land Use Law: Standing Ground
    • United States
    • Protecting the environment through land use law: standing ground
    • September 6, 2014
    ...Control Program Addressing Storm Water Discharges, 64 Fed. Reg. 68722 (Dec. 8, 1999) (codiied at 40 C.F.R. pts. 9, 122, 123, 124). 58 40 C.F.R. §122.26(a)(9)(i) (2014). 59 Id. §122.26(b)(16). 60 Id. §122 apps. F-I. 61 33 U.S.C. §1251(b) (2012). 62 U.S. Const. amend. X. 63 he Federalist No. ......
  • The basic prohibition of the clean water act
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant.” 40 C.F.R. § 122.26(b)(14) (2006). he EPA interprets its regulation to exclude the type of stormwater discharges from logging roads at issue here. . . [T]he Court con......
    • Get Started for Free
44 provisions