Discharge to Water (NPDES)

The Clean Water Act requires that a person obtain a permit before they discharge any pollutant to a Waters of the United States. There are two types of permits – individual and general permits.

The Pit-Falls: This program is loaded with pit-falls. Everything from the definition of pollutant (which can include dirt and heat) to the definition of “Waters of the United States” can trip up the unsuspecting. The result is an extremely powerful enforcement program with enormous penalty allowances – currently up to $37,500 per day, per violation.  And regardless of when the EPA takes action, you are considered to be in violation from the day of the “discharge”.  So if you were to have a “discharge” on January 1, but EPA did not file a civil complaint until July1, technically, you would be responsible for 6 months worth of “days of violation”.  And that’s just the beginning of the calculations.  Next you need to watch out for “discharges”, because each instance can be its own discharge.  And finally, they are not “cured” until you remove the offending agent.  Which if you are accused of putting “dirt” into the water, is virtually impossible to determine.

Denby Law has extensive experience advising clients on compliance with NPDES permitting requirements, ranging from isolated spills to planned facility effluent discharges.