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

CurrencyCurrent through May 31, 2023
Citation 40 C.F.R. §122.26
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199 cases
  • Puget Soundkeeper Alliance v. Cruise Terminals of Am., LLC, CASE NO. C14-0476 JCC
    • 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. 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 ... ...
  • 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
    • Court of Special Appeals of Maryland
    • 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. 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
35 books & journal articles
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Point Source' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter No. 45-12, December 2015
    • December 1, 2015
    ...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......
  • A New Framework
    • United States
    • The Clean Water Act TMDL Program: Law, Policy, and Implementation
    • August 23, 2002
    ...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. ......
  • 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......
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84 provisions
  • Montana Register, 2014, Issue 15, August 7, 2014 Pages 1633-1853
    • United States
    • Montana Register
    • Invalid date
    ...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 ......
  • Georgia Monthly Bulletin, 2020-05, May 2020
    • United States
    • Georgia Register
    • Invalid date
    ...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. ......
  • 20151104-IR-327100659FRA
    • United States
    • Indiana Register
    • Invalid date
    ...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......
  • Idaho Register Volume 18-06, June 6, 2018
    • United States
    • Idaho Register
    • Invalid date
    ...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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