Massachusetts DEP Proposes Sweeping New Stormwater Discharge Permitting Program: Permits To Be Required For Many Previously Unregulated Sources

On November 17, 2008, the Massachusetts Department of Environmental Protection ("MassDEP") announced a proposed new set of regulations to implement a statewide stormwater management program. Whereas current stormwater regulations focus on the operators of municipal stormwater systems and owners of certain construction and industrial sites, the proposed regulations would also enlist private property owners of impervious surfaces (roadways, parking lots, roofs, etc.) of five acres or more in stormwater management. These proposed rules are intended to reduce nonpoint sources of pollution, but will have significant effects on commercial property owners. The public comment period on these proposed rules has not yet begun, but is expected to begin shortly.