40 C.F.R. §122.26 - Storm water discharges (applicable to State NPDES programs, see Section 123.25)

Cite as40 C.F.R. §122.26
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202 cases
  • Ecological Rights Found. v. Pacific Gas & Elec. Co., Case No. C 09–03704 SBA.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 31, 2011
    ...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, ......
  • Puget Soundkeeper Alliance v. Cruise Terminals of Am., LLC, CASE NO. C14-0476 JCC
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • November 20, 2015
    ...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......
  • Naturaland Trust v. Dakota Fin. LLC, 21-1517
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • July 20, 2022
    ...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......
  • American Min. Congress v. U.S. E.P.A., 91-70176
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 27, 1992
    ...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
13 books & journal articles
  • Addition
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...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......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Addition' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter Nbr. 44-9, September 2014
    • September 1, 2014
    ...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......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Point Source' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter Nbr. 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......
  • Point Source
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...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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