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In re Chaney Enterprises Ltd.

ELR Citation: 41 ELR 20070
Nos. No. 10-151440, (Md. Cir., 01/21/2011)

A Maryland court remanded certain provisions in a general discharge permit for mining operations and concrete plants. Petitioners—the owners of mining companies and concrete manufacturing plants throughout the state of Maryland—correctly argued that the wet weather total suspended solids numeric effluent limitations established in the permit are not supported by the data. This portion of the permit was therefore remanded. Similarly, the concrete admixture reporting requirements should not apply because the state permitting agency failed to provide data indicating which additives are present in the petitioners' discharges, the levels at which such discharges are toxic to Maryland waters, or even an estimate of the amount of additives that may be present in the discharge. Similarly, the agency failed to adequately demonstrate that the discharges may have toxic effects on the receiving waters. It therefore failed to justify the biomonitoring requirements contained in the permit. The permit also failed to specify the exact location where internal biomonitoring points will be placed. As such, the petitioners did not have an ability to comment or object to their locations during the comment period. Accordingly, this objection was also remanded for further consideration.