Maryland Upholds Flexible Municipal Stormwater Permits With Implications for Managing Stormwater Discharges Nationwide

摘要

On March 11, 2016, Maryland's highest court issued an important ruling clarifying the standards and procedures for municipal separate storm sewer system (MS4) permits so critical in achieving the Chesapeake Bay cleanup targets. In a 100-page decision, the court upheld flexible MS4 permits issued to five Maryland jurisdictions against challenges by a coalition of waterkeeper groups claiming that the permits violated the Clean Water Act (CWA) by not providing specific and enforceable measures or adequate public comment to ensure that the municipalities would meet Chesapeake Bay total maximum daily load (TMDL) targets. The ruling has major implications not only for municipal permittees in Maryland, but also for such permittees nationwide grappling with the often difficult task of controlling multiple and diffuse sources of stormwater pollution. This decision is particularly important as the U.S. Environmental Protection Agency (EPA) is considering using the Chesapeake Bay TMDL program as a model for addressing serious regional nutrient pollution problems nationwide.