"Drive By Inspection" Leads to Letter of Violation
After a “drive by inspection,” an automotive parts manufacturer client received a letter of violation from the Surface Water Quality Division of the MDEQ citing a failure to obtain a storm water discharge permit under the Federal NPDES program. The environmental manager was convinced by the MDEQ inspector that the violation was valid. He was prepared to hire a consultant to submit a storm water discharge application or to commence activities required under the general NPDES storm water permit, when he contacted Varnum in order to provide attorney-client privilege to the consultant’s work.
Varnum suggested that the consultant determine the precise disposition of storm water at the site, and blueprints of the drainage system were reviewed. As a result of these inquiries, it was determined that storm water did not run into the public storm sewers (or into navigable waters), but rather was collected in a private retention basin. Varnum prepared a letter explaining the situation to the MDEQ, and no further action on the letter of violation was taken nor was a storm water permit required.