It's Raining Stormwater NOVs In California

After many years of drought, in late 2023 and early 2024 California experienced significant rain. Indeed, the National Oceanic and Atmospheric Administration reported rainfall quantities far exceeding averages in most areas statewide. With the rain came consequences for many of California's industrial facilities including an onslaught of 60-day notices of violation (NOVs) from private enforcers threatening to file federal Clean Water Act complaints.

Consequences arose because many of California's industrial facilities are subject to California's General Industrial Storm Water Permit (IGP). For those new to this regulatory framework, the IGP regulates industrial stormwater discharges and non-storm water discharges from specified industrial facilities in California. Legally, the IGP implements the federally required stormwater regulations under the Clean Water Act in California for stormwater discharges to waters of the United States — a vague term, per the U.S.