40 C.F.R. §122.26 - Storm water discharges (applicable to State NPDES programs, see Section 123.25)
| Cite as | 40 C.F.R. §122.26 |
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202 cases
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Ecological Rights Found. v. Pacific Gas & Elec. Co., Case No. C 09–03704 SBA.
...n. 11, Dkt. 52. 2. Under EPA regulations, “Storm water means storm water run off, snow melt runoff, and surface runoff and drainage.” 40 C.F.R. § 122.26(b)(13). Storm water runoff is not inherently a nonpoint or point source of pollution. Northwest Envtl. Def. Ctr. v. Brown, 617 F.3d 1176, ......
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Puget Soundkeeper Alliance v. Cruise Terminals of Am., LLC, CASE NO. C14-0476 JCC
...447 (2013). Transportation facilities classified as SIC 44xx are among "those considered to be engaging in ‘industrial activity.’ " 40 C.F.R. § 122.26(b)(14)(viii). However, only those portions of a SIC 44xx facility that are "involved in vehicle maintenance (including vehicle rehabilitatio......
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Naturaland Trust v. Dakota Fin. LLC, 21-1517
...such an extensive land disturbance ordinarily would require obtaining stormwater permits and adhering to other regulations, see 40 C.F.R. § 122.26(a)(1)(ii), (9)(i)(B), (c)(1), Arabella Farm claimed its work fell within an agricultural exemption to the Clean Water Act's requirements. Before......
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American Min. Congress v. U.S. E.P.A., 91-70176
...Elimination System Permit Application Regulations for Storm Water Discharges, 55 Fed.Reg. 47,990, 48,065 (1990) (to be codified at 40 C.F.R. § 122.26(b)(14)(iii)), because it requires storm water discharge permits for "inactive mining operations." Id. at 48,065. AMC contends that the rule c......
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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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MS4/Los Alamos County, New Mexico: U.S. EPA Appeals Board Addresses Whether Stormwater Designation Constitutes a Final Permitting Decision
...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......
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13 books & journal articles
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Addition
...sewers carry only stormwater, not sewage, while municipal combined sewers carry both stormwater and sewage. 70. 40 C.F.R. §122.2. 71. 40 C.F.R. §122.26(b)(14). 72. 965 F.2d 759, 22 ELR 21135 (9th Cir. 1992). 73. Id . at 764. A similar attempt to require temporal concurrence between “additio......
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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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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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25 provisions
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PL 189, HB 1374 – Financing and transportation
...a regional health facility.Sec. 74. "Storm water management program" means a program that is consistent with the requirements in:(1) 40 CFR 122.26(d)(2)(iv) for a proposed management program; or(2) 40 CFR 122.34 for a storm water management program.Sec. 75. "Supplemental fund" refers to the......
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Act 91, SB 252 – Environmental protection; water pollution; storm water discharge fees and other surface water discharge fees; provide for. Amends secs. 3103, 3112, 3113, 3115, 3118 & 3119 of 1994 PA 451 (MCL 324.3103 et seq.) & adds secs. 3120 & 3121.
...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 C.F.R. 122.26(a), and which is described as a construction activity in 40 C.F.R. 122.26(b)(14)(x). Construction activity includes clearing, grading, and excava......
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Act 82, HB 4441 – Environmental protection; other; water pollution, sewerage, solid waste, and recycling fees; extend sunset. Amends secs. 3104, 3118, 3120, 3122, 4112, 11525a, 17303 & 17317 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 90, SB 422 – Environmental protection; permits; various permit fees; extend sunset. Amends secs. 3104, 3118, 3120, 3122, 3306, 11135, 11153, 12103, 12109, 12112, 30104, 30109, 32312, 32513, 80130, 80315, 81114 & 82156 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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