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

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Cite as40 C.F.R. § 122.26
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369 practice notes
  • Meetings: National Environmental Policy Act compliance and environmental protection procedures,
    • United States
    • Federal Register February 25, 2000
    • February 25, 2000
    ...Community Right-To-Know Act (EPCRA) section 313 reporting (see Chapters 30-60 and 30-80). The [[Page 10236]] regulations are codified at 40 CFR 122.26. (d) Recordkeeping and Monitoring. The NPDES permits require holders to keep updated records and to install and maintain monitoring equipmen......
  • Water pollution control: National pollutant discharge elimination system; State programs— Texas,
    • United States
    • Federal Register September 24, 1998
    • September 24, 1998
    ...permit has been issued. Jurisdiction over all existing discharges of storm water associated with industrial or construction activity [40 CFR 122.26(b)(14)], including allowable non-storm water, authorized to discharge as of the date of program approval under one of the NPDES storm water gen......
  • Agency information collection activities; proposals, submissions, and approvals,
    • United States
    • Federal Register October 21, 2005
    • October 21, 2005
    ...OMB Number 2050-0024; expires 10/31/2007. EPA ICR No. 0229.16; NPDES and Sewage Sludge Monitoring Reports (Renewal); in 40 CFR 122.21, 40 CFR 122.26(b)(14), 40 CFR 122.41(j)(1- 2), 40 CFR 122.41(l)(4), 40 CFR 501.15(b), 40 CFR 503.16-503.18, 40 CFR 503.26-28, 40 CFR 503.46-48; was approved ......
  • Part II
    • United States
    • Federal Register August 16, 2006
    • August 16, 2006
    ...materials or activities are protected by storm-resistant sheltering so they are not exposed to rain, snow, snowmelt or runoff. (40 CFR 122.26(g)) Pesticide refilling operations and bulk storage operations required to apply for and obtain NPDES permits for storm water discharges associated w......
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189 cases
  • Environmental Defense Center, Inc. v. U.S. E.P.A., No. 00-70014.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 15, 2003
    ...MS4s") and stormwater discharges from construction activity disturbing between one and five acres ("small construction sites"). 40 C.F.R. §§ 122.26(a)(9)(i)(A)-(B). Small MS4s may seek permission to discharge by submitting an individualized set of best-management plans in six specified cate......
  • Sierra Club v. El Paso Gold Mines, Inc., No. 03-1105.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • August 24, 2005
    ...for discharges from inactive mine). Administrative regulations and an EPA policy statement provide further support for this view. See 40 C.F.R § 122.26(b)(14)(iii) (stating "active or inactive mining operations" are among the industrial activities that require a stormwater discharge permit ......
  • County of Los Angeles v. Water Resources, No. B184034.
    • United States
    • California Court of Appeals
    • October 5, 2006
    ...pollutant discharge in areas of new development and significant redevelopment—the very area where regional board review occurs. (40 C.F.R. § 122.26(d)(2)(iv)(A)(2) (2006).) So long as the regional boards' decisions carry out federal and state water quality mandates resulting from express le......
  • County of Los Angeles v. Water Resources, No. B184034.
    • United States
    • California Court of Appeals
    • October 5, 2006
    ...pollutant discharge in areas of new development and significant redevelopment —the very area where regional board review occurs. (40 C.F.R. § 122.26(d)(2)(iv)(A)(2) (2006).) So long as the regional boards' decisions carry out federal and state water quality mandates resulting from express l......
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53 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......
  • Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule
    • United States
    • JD Supra United States
    • April 8, 2013
    ...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......
  • 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......
  • 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......
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13 books & journal articles
  • 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......
  • 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......
  • 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. ......
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