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New US EPA Rules on Construction Site Stormwater Discharges

December 1, 2009

The U.S. Environmental Protection Agency on December 1, 2009 issued a final rule creating a new industrial point source category under the Clean Water Act for construction sites. The rule takes effect in February 2010 and will be phased in over four years. This is the first time that EPA has imposed national monitoring requirements and enforceable numeric limitations on construction site stormwater discharges.

The final rule requires construction site owners and operators that disturb one or more acres to use best management practices to ensure that soil disturbed during construction activity does not pollute nearby water bodies. Owners and operators of sites that impact 10 or more acres of land at one time will be required to monitor discharges and ensure they comply with specific limits on discharges to minimize the impact on nearby water bodies.

For more information about the new U.S. EPA rule, contact Tim Lundgren or Matt Zimmerman from Varnum's Water Law Group at 616-336-6000.

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