New Concerns Arise For Developers As The EPA Takes Aim At Stormwater Management Violations

In the midst of countless other struggles, residential home builders must now contend with the EPA and its seemingly new agenda to pursue stormwater management violations. Specifically, the Federal Register shows a new focus by the EPA on Clean Water Act violations, which have cost several large scale residential home builders millions of dollars in penalties to the Federal Government.

The Clean Water Act establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. Under the Act, the EPA has implemented pollution control programs such as setting effluent limits on industrial discharges and requiring states to set water quality standards for all contaminants in surface waters. The discharge of a pollutant from a point source is unlawful unless in compliance with permit requirements.