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Clean Water Act › NPDES › PFAS

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
BakerHostetler

More PFAS Definitions, More Problems - Using PFAS Definitions to Avoid Pitfalls in Compliance, Contracting, Insurance Coverage and...

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There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more

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PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

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The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

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Guide for Using Clean Water Act Discharge Permits to Protect Drinking Water Sources: Source Water Collaborative Report

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A May 2024 report has been issued titled: New Guide for Using Clean Water Act Discharge Permits to Protect Drinking Water Sources (“Guide”). The Guide was issued by the Source Water Collaborative (“SWC”)....more

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PFAS/Refinery: Denver Trout Unlimited Files Administrative Challenge to Colorado of Public Health and Environment NPDES Permit...

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Denver Trout Unlimited, GreenLatinos, and the Colorado Sierra Club (collectively “Trout Unlimited”) filed an April 5th Request for an Adjudicatory Hearing (“Request”) before the Colorado Department of Public Health and...more

Mintz

Another PFAS Clean Water Act Citizen Suit and there may be thousands more of these fish in the barrel.

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Lara Beaven of Inside PFAS Policy is reporting on another PFAS citizen suit under the Federal Clean Water Act. This one, by Tennessee Riverkeeper, alleges that PFAS are being discharged from a former Lebanon, Tennessee...more

Lathrop GPM

EPA Encourages Inclusion of PFAS Monitoring in Discharge Permits

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In August 2023, EPA released a best management fact sheet called Pollution Prevention Strategies for Industrial PFAS Discharges which provides information to address NPDES discharges containing PFAS under the Clean Water Act....more

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PFAS/Clean Water Act Enforcement: Michigan Attorney General Files Judicial Action Against Grand Rapids Airport for Alleged...

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The Michigan Attorney General (“AG”) filed a September 11th lawsuit in the Kent County 17th Judicial Circuit against the Gerald R. Ford International Airport Authority (“Airport Authority”) in Grand Rapids, Michigan. The...more

McGlinchey Stafford

PFAS and the Clean Water Act: Considerations for Wastewater Treatment Plants

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The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act...more

Williams Mullen

PFAS and Your Wastewater Discharge Permit: What to Know and How PFAS Affects Permit Requirements

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Beginning with the PFAS Action Plan of 2019, it became clear to industry observers and environmental professionals that EPA intends to regulate PFAS compounds in industrial wastewater permits. The Action Plan identified an...more

McGlinchey Stafford

EPA PFAS Enforcement Has Begun

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The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more

Mintz

Shooting fish in a barrel: Why I'm surprised the courts haven't already been flooded with PFAS Clean Water Act Citizen Suits.

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Bloomberg Environment reports that a Georgia NGO has sued a textile manufacturer and the town in which the manufacturer is located over unpermitted discharges of the "forever chemicals" known collectively as PFAS into the...more

Beveridge & Diamond PC

New Enforcement of PFAS Requirements in CWA NPDES Industrial Permit

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The U.S. Environmental Protection Agency (EPA) continues to expand its toolbox for addressing PFAS constituents — this time, by branching out into Clean Water Act (CWA) enforcement of industrial permit effluent limitations....more

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PFAS/Stormwater Enforcement: U.S. Environmental Protection Agency Announces Issuance of Administrative Compliance Order on Consent...

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The United States Environmental Protection Agency (“EPA”) issued an April 26th news release stating that it had issued a Clean Water Act Administrative Compliance Order on Consent (“AOC”) to the Chemours Company (“Chemours”)...more

Jenner & Block

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

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PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

Clark Hill PLC

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: EENR

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New regulatory developments and other actions regarding per- and polyfluoroalkyl substances (“PFAS”) will continue to be front of mind for the automotive and manufacturing industries in 2023. These activities include the...more

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Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Pre-Publication Notices Program Plan 15

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The United States Environmental Protection Agency (“EPA”) issued a pre-Federal Register Notice referencing the availability of preliminary Effluent Guidelines Program Plan 15 (“Plan 15”). Section 304(m) of the Clean...more

Miles & Stockbridge P.C.

U.S. EPA Takes 3 Big Steps to Tighten Controls on PFAS Chemicals

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In the past few months, the U.S. Environmental Protection Agency (U.S. EPA) has done three significant things to tighten controls on per- and polyfluoroalkyl substances (PFAS)....more

Stinson LLP

EPA Issues Guidance Pushing States to use NDPES Permits to Reduce PFAS Discharges

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This week, the U.S. Environmental Protection Agency issued guidance advising states how to use National Pollution Discharge Elimination System (NPDES) permit requirements to restrict the discharge of per- and polyfluoroalkyl...more

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Addressing PFAS Discharges in NPDES Permits/Pretreatment and Monitoring Programs: U.S. Environmental Protection Agency Issues...

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The United States Environmental Protection Agency (“EPA”) issued a December 5th memorandum titled: Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs (“Memorandum”)...more

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Final U.S. Environmental Protection Agency Region 1 NPDES General Permit (Massachusetts Facilities): PFAS Monitoring Included

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Region 1 of the United States Environmental Protection Agency (“EPA”) issued on September 28th a final National Pollutant Discharge Elimination System (“NPDES”) General Permit for Medium Wastewater Treatment Facilities...more

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Draft U.S. Environmental Protection Agency Region 1 NPDES General Permit (Massachusetts) Facilities: PFAS Monitoring

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The National Association of Clean Water Agencies (“NACWA”) submitted April 26th comments to Region 1 of the United States Environmental Protection Agency (“EPA”) addressing its draft National Pollutant Discharge Elimination...more

King & Spalding

EPA Announces Three Clean Water Actions In April 2022

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Last month, EPA made three PFAS/Clean Water Act-related announcements. First, EPA issued proposed draft Clean Water Act aquatic life criteria for PFOA and PFOS. The proposed draft includes the most up-to-date scientific...more

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Waters of the United States/U.S. Environmental Protection Agency/Army Corps of Engineers Proposed Rule: 117 Democratic Congressmen...

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One hundred and seventeen Democratic members of the United States House of Representatives sent a February 7th letter to the Administrator of the United States Environmental Protection Agency (“EPA”) and Assistant Secretary...more

Pillsbury Winthrop Shaw Pittman LLP

Biden EPA Doubles Down on Chemical Regulation with PFAS Strategic Roadmap

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The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation. The Biden administration continues the beat on PFAS regulation by releasing its...more

BCLP

PFAS Update: EPA’s Strategic Roadmap for PFAS

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On October 18, 2021, the United States Environmental Protection Agency (“EPA”) unveiled its new plan to investigate and regulate PFAS compounds under a variety of federal environmental laws including the Comprehensive...more

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