EPA finalized changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under the NPDES permit program.
United States v. Villegas, No. 1:24-cv-962 (D. Colo. Apr. 10, 2024). Under a proposed consent decree, settling CWA defendants that discharged pollutants without a permit into waters of the United States must restore impacted areas.
United States v. Lexington-Fayette Urban County Government, No. 5:06-cv-386-KSF (E.D. Ky. Apr. 10, 2024). A proposed material modification to a consent decree concerning alleged violations of the CWA stemming from the settling defendant's operation of its sanitary sewer system and wastewater treatment plant extends the final compliance deadline for remedial projects by four years to December 31, 2030, and makes changes to reporting frequency and methods.
United States v. Flint Hills Resources Ingleside, LLC, No. 2:24-cv-00079 (S.D. Tex. Apr. 8, 2024). Under a proposed consent decree, a settling CWA and OPA defendant that allegedly discharged about 14,000 gallons of crude oil that spilled into Corpus Christi Bay from a ruptured pipe on a dock at the defendant's crude oil storage terminal in Ingleside, Texas, must pay a total of $989,212.80.
United States v. D.R. Horton, Inc., No. 2:24-cv-00428-AMM (N.D. Ala. Apr. 8, 2024). Under a proposed consent decree, settling CWA defendants that violated stormwater management requirements at 16 homebuilding construction sites must implement specified stormwater management practices, implement a supplemental environmental project that will cost $400,000, and pay a civil penalty of $400,000.
EPA proposed to promulgate a CWA chronic aquatic life ambient water quality criterion for waters under the state of Idaho’s jurisdiction to protect aquatic life from exposure to harmful concentrations or levels of total mercury.
The State Water Control Board reissued, with amendments, the Virginia Pollutant Discharge Elimination System general permit for discharges of stormwater from construction activities. The amendments, among other things, update provisions concerning authorization of non-stormwater discharges, implement new requirements for controlling construction dewatering discharges to impaired waters or exceptional waters, and add a turbidity benchmark option to the contents of the stormwater pollution prevention plan.
which would amend §404 of the FWPCA to codify certain regulatory provisions relating to nationwide permits for dredged or fill material, was passed by the House.
EPA entered into a proposed consent decree in Sierra Club v. EPA, No. 3:24-cv-00130 (S.D.W. Va.), concerning allegations that the Agency failed to perform a mandatory duty under the CWA to establish TMDLs for certain waters located in the Lower Guyandotte River Watershed in West Virginia that are impaired due to ionic toxicity.
EPA finalized facility response plan requirements for worst case discharges of CWA hazardous substances for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone.
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