Water Education Foundation
This is just one post in the Flood Control/Stormwater Category
Click here to view all posts

Federal Court hears arguments in Clean Water Act citizen suit alleging non-compliance with municipal stormwater permit

Posted by: Maven on February 19, 2010 at 5:58 am

From Somach Simmons & Dunn:

“On February 8, 2010, the United States District Court for the Central District of California (Court) heard oral argument in Natural Resources Defense Council, et al. v. County of Los Angeles, et al. (CV08-01467-AHM (PLAx)), a case filed under the citizen suit provisions of the Clean Water Act (CWA). Petitioners, Natural Resources Defense Council and Santa Monica Baykeeper (non-governmental organizations or NGOs) allege that the County of Los Angeles and Los Angeles County Flood Control District (collectively, Permittees) violated and continue to violate their municipal separate storm sewer system permit (MS4 Permit) issued under the CWA’s National Pollutant Discharge Elimination System (NPDES) program. After oral argument, the Court took the parties’ summary judgment motions under submission. The Court will issue an order at some future date.

Issues Raised in the NGOs’ Complaint

The NGOs allege that the Permittees’ discharge of pollutants violates the MS4 Permit and CWA by causing and/or contributing to exceedances of water quality standards and total maximum daily loads (TMDL). The NGOs also allege that the Permittees failed to comply with the MS4 Permit’s reporting requirements. The CWA generally prohibits the discharge of pollutants into most surface waters except as authorized by an NPDES permit. NPDES permits are to ensure the protection of beneficial uses of the receiving waters by providing for the attainment or maintenance of water quality standards and compliance with TMDLs where applicable. TMDLs are adopted for waterbodies (or segments thereof) that do not meet their water quality standards. A TMDL specifies the amount of the impairing pollutant that the water body or segment can receive and still meet the applicable water quality standard(s). … “

Find out more about the issues, conclusions and implications from Somach Simmons & Dunn by clicking here.

February 19, 2010 · Filed Under Flood Control/Stormwater

Comments

Leave a Reply