Keep an Eye Out for Changing Stormwater Regulations and Their Effect on Your Business

September 1, 2010
Jonathan E. Rinde
Association of Corporate Counsel's "Green-house Counsel"

In December 2009, the United States Environmental Protection Agency ("EPA") published new federal requirements on the discharge of rain water from construction sites. A key piece of these new regulations was the imposition, for the first time nationally, of a numeric limit on the turbidity of stormwater discharges (a measure of the cloudiness of the water) from construction sites disturbing 10 or more acres at one time. In an August 13, 2010 filing in a lawsuit brought against EPA by the National Association of Homebuilders ("NAHB") and others, EPA asked a federal court to vacate the numeric limit for turbidity it had set forth in the new federal requirements, and grant it 18 months to review the scientific basis it used to set the numeric limit and take final action on it.

View Document(s):