EPA Water Rules May Directly Impact Planned Development Projects

April 25, 2014
Jonathan H. Spergel and Bridget L. Dorfman
Mid Atlantic Real Estate Journal

In March 2014, the U.S. Environmental Protection Agency ("EPA") released two new rules - one final and the other proposed - under the federal Clean Water Act ("CWA") that may have significant impact for future development projects.

On March 6, 2014, EPA published a final rule withdrawing its previously proposed, and controversial, stormwater permit numeric turbidity discharge limits applicable to larger development sites.  As originally drafted, the withdrawn rule would have incorporated turbidity limits into NPDES permits, and permit holders would have had to collect and analyze samples of the stormwater discharged from the site after a rainfall event to demonstrate permit compliance.

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