Court Says Stormwater General Permit For Sewers Violated Federal, State Laws

摘要

A New York trial court has struck down the state's general permit for stormwater discharges from municipal sewers, ruling the regulatory scheme violated the federal Clean Water Act and the state Environmental Conservation Law (Natural Resources Defense Council v. DEC, N.Y. Sup. Ct., No. 16132/10, 1/10/12). The New York State Supreme Court in Westchester County ruled that the state's municipal separate storm sewer system (MS4) general permit allows municipalities to discharge storm runoff into rivers and streams without meaningful review by the state. In addition, the court in its Jan. 10 opinion held that the permit lacked required compliance schedules and that the New York Department of Environmental Conservation failed to comply with the Clean Water Act's public participation requirements.