Storm water discharges (applicable to State NPDES programs, see Section 123.25)
| Currency | Current through May 31, 2023 |
| Citation | 40 C.F.R. §122.26 |
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199 cases
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Puget Soundkeeper Alliance v. Cruise Terminals of Am., LLC, CASE NO. C14-0476 JCC
... ... Background This case arises under the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. Soundkeeper, ... Pollutant Discharge Elimination System (NPDES) permit. (Dkt. No. 26 at 12, 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 ... ...
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Naturaland Trust v. Dakota Fin. LLC
... ... , 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 ... ...
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American Min. Congress v. U.S. E.P.A.
... ... 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 ... ...
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Md. Small MS4 Coal. v. Md. Dep't of the Env't
... ... 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. 1313(d)(1)(C) ... from runoff is applied pursuant to section 209 and the authority resides in the State or ... ...
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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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35 books & journal articles
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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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CHAPTER 12 CLEAN WATER ACT PERMITTING OVERVIEW: SECTIONS 402 AND 404
...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......
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CHAPTER 8 ENVIRONMENTAL ISSUES INVOLVED IN OIL & GAS ACQUISITIONS AND DIVESTITURES
...[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......
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84 provisions
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Montana Register, 2014, Issue 15, August 7, 2014 Pages 1633-1853
...IMP: 75-5-401, MCA REASON: The board is proposing to amend definitions found in ARM 17.30.1102 to add several new definitions found in 40 CFR 122.26(b), the federal rule defining terms used in the federal storm water regulations, and to remove several definitions that are no longer used in ......
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Georgia Monthly Bulletin, 2020-05, May 2020
...of the Act. (p) "Separate storm sewer" means any point source which meets the criteria set forth in the Federal Regulations, 40 C.F.R. 122.26. (q) "Silvicultural point source" means any point source which meets the criteria set forth in the Federal 40 C.F.R. 122.27; (3) Permit Requirement. ......
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20151104-IR-327100659FRA
...13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3 Affected: IC 13-11-2; IC 13-18-3-15; IC 13-18-4 Sec. 64.2. "Storm water", as defined in 40 CFR 122.26(b)(13), means storm water runoff, snow melt runoff, and surface runoff and (Water Pollution Control Division; 327 IAC 5-1.5-64.2; filed Oct 9......
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Idaho Register Volume 18-06, June 6, 2018
...Aquatic Animal Production Facilities); (3-28-18) d. 40 CFR 122.25, revised as of July 1, 2017 (Aquaculture Projects); (3-28-18) e. 40 CFR 122.26(a) through (b) and 40 CFR 122.26(e) through (g), revised as of July 1, 2017 (Storm Water Discharges); (3-28-18) f. 40 CFR 122.27, revised as of Ju......
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