Environmental Law & Climate Change: Environmental Law Blog: Water Quality: California State Water Resources Control Board adopts new construction storm water permit, but makes a few changes

Water Quality

10/10/2009 2:28:17 PM EST

California State Water Resources Control Board adopts new construction storm water permit, but makes a few changes

Partner, Ropers Majeski Kohn & Bentley

Prior posts have noted in detail the proposed new California construction stormwater permit. At its September hearing, the SWRCB adopted the permit, but made a few changes:

* The permit will not become effective until 7/1/10 (rather than 100 days after adoption).

* Dischargers will not have to comply with numeric effluent limits if the site receives runoff from a forest fire or other natural disaster.

* The SWRCB may reopen the permit if EPA adopts a final effluent limitation guideline for construction activities. [Don’t hold your breath.]

To say that the permit is complex is a classic understatement. Please review its terms and conditions carefully.

The new permit and the supporting documentation can be found at http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml.

A good place to start any review is with the “fact sheet” (which is a mere 49 pages): http://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo_2009_0009_factsheet.pdf.

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