Jump to Navigation
Jump to Content

Natural Resources Defense Council v. New York State Department of Environmental Conservation

ELR Citation: 42 ELR 20030
Nos. 16132/10, (N.Y. Sup. Ct., 01/10/2012)

A New York trial court held that the state environmental agency's general permit for stormwater discharges from municipal separate storm sewer systems (MS4) violates the CWA and state law. By allowing discharges based on an applicant's notice of intent (NOI) to discharge, the permitting scheme creates an impermissible self regulatory system in violation of the CWA and New York's Environmental Conservation Law. In addition, the permit failed to specify schedules for covered entities to achieve compliance with applicable effluent limitations and water quality standards in violation of state law. The permit also fails to provide an opportunity for public hearings on the content of NOIs before MS4 operators are authorized to discharge.