News & Analysis as of

Permits Discharge of Pollutants Wastewater

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Colorado Department of Public Health and Environment Notice of Violation Addressing Conejos County Mine

The Colorado Department of Public Health and Environment (“CDPHE”) issued on April 30th a Notice of Violation/Cease and Desist Order (“NOV”) to Union Gold, Inc. (“UGI”) addressing alleged violations of the Colorado Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Green County College...

The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nonmunicipal Domestic Wastewater Treatment Facility/Pulaski County Improvement District: Request for Hearing/Adjudicatory Review...

Three Requests for Hearing and Adjudicatory Review (“Requests”) have been filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) challenging a nonmunicipal domestic wastewater treatment facility discharge...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S. Army Corps of...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (Memphis District) (“Corps”) entered into a January 24th Consent Administrative Order...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Tennessee Department of Environment & Conservation Order Addressing Knoxville Gasoline Convenience Store

The Tennessee Department of Environment & Conservation (“TDEC”) issued a January 11th Director’s Order and Assessment (“Order”) to Pilot Travel Centers LLC (“Pilot”) addressing alleged violations of the Tennessee Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Fountain...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Fountain Hill, Arkansas, (“Fountain Hill”) entered into a September 15th Consent Administrative Order (“CAO”)...more

Robinson & Cole LLP

Catching Up on the 2021 Clean Water Act Releases

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The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Louisiana Department of Environmental Quality and Baton Rouge Milk Processing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Kleinpeter Farms Dairy, L.L.C., (“KFD”) entered into a Settlement addressing alleged violations of a Louisiana Pollutant Discharge Elimination System (“LPDES”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Louisiana Department of Environmental Quality and Arabi Cane Sugar Refinery Facility Enter into Settlement

The Louisiana Department of Environmental Quality (“LDEQ”) and American Sugar Refining, Inc., (“ASRI”) entered into an April 14th Settlement addressing alleged violations of a Louisiana Pollutant Discharge Elimination System...more

Farella Braun + Martel LLP

[Webinar] New Statewide Winery Order: What Wineries Need to Know - May 26th, 10:00 am - 11:00 am PT

The new statewide General Waste Discharge Requirements (WDRs) for winery process water (Winery Order) adopted by the State Water Resources Control Board have spread concern across the wine industry. The Winery Order is...more

Williams Mullen

Regulation of PFAS in Wastewater Permits: Recent Guidance and Rulemaking Actions by EPA

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A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more

Mitchell, Williams, Selig, Gates & Woodyard,...

UIC/SSO Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Salesville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Salesville, Arkansas, (“Salesville”) entered into an April 22nd Consent Administrative Order (“CAO”) addressing...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Sevier County Open...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Cossatot Rock, LLC (“Cossatot“) entered into a January 21st Consent Administrative Order (“CAO”) addressing alleged violations...more

Perkins Coie

Regional Water Quality Control Board Unlawfully Delegated Authority to Modify Effluent Limits Under Discharge Permit

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A California Court of Appeal invalidated a wastewater discharge permit issued by the Central Valley Regional Water Quality Control Board that the court found impermissibly delegated to the Board’s executive officer the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Black Rock...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Black Rock, Arkansas (“Black Rock”) entered into a December 19th Consent Administrative Order (“CAO”) addressing an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Combined Sewer System/NPDES Permit: City/County of San Francisco U.S. EPA Environmental Appeals Board Petition for Review

The City and County of San Francisco (collectively “San Francisco”) filed a January 13th pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) titled: Petition for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Test Methods/Clean Water Act: October 22nd U.S. Environmental Protection Agency Federal Register Notice Proposing Revisions

The United States Environmental Protection Agency (“EPA”) published an October 22nd Federal Register Notice proposing revisions to the approved test methods in 40 C.F.R. Part 136 addressing wastewater sampling. See 84 Fed....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

Stoel Rives - Environmental Law Blog

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more

Best Best & Krieger LLP

[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more

Williams Mullen

Five Questions Every Industrial Facility Should Answer Before Applying for a Pretreatment Permit

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Dischargers of industrial wastewater face a complex and nuanced set of federal, state, and local regulations aimed at protecting the water bodies into which they discharge. Industries discharging to local Publicly Owned...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control Enforcement: Arkansas Department of Environmental Quality and Cleburne County, Arkansas Wastewater...

The Arkansas Department of Environmental Quality (“ADEQ”) and WR Holding Co, LLC (“WR”) entered into a March 26th Consent Administrative Order (“CAO”) addressing an alleged violation of a No-Discharge Permit (“Permit”). See...more

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