Services
Clean Water Act
From the regulation of traditional point sources under NPDES permits to the evolving obligations related to stormwater runoff and agricultural operations, Stites & Harbison attorneys have guided clients through the permitting process, challenges to permits, compliance, and enforcement. Advice often concerns whether a particular activity is affected by the Clean Water Act, such as whether the client must obtain a Section 404 dredge and fill permit or whether to seek coverage under individual or general permits for Section 402 discharges.
Representative matters include:
- Assisted coal mining and other natural resource operations in negotiations with state and federal regulators on permit applications and renewals.
- Advised chemical manufacturer in response to Section 311 notice of EPA regarding discharge of hazardous material and possible impact on endangered species.
- On behalf of farmers and agricultural trade groups and growers, the Firm successfully challenged a state’s wastewater discharge permit for large-scale animal production facilities (concentrated animal feeding operations or CAFOs).
- Defended discharge permits issued by state regulatory authorities against challenges by citizens’ groups.
- Represented metropolitan water authority in challenge of upstream municipal wastewater plant regarding the permitting process’s compliance with regional planning requirements and with effluent limitations.
- Defended and advised chemical manufacturers in permit applications, compliance, in citizens’ suits, and enforcement actions for related to discharge of pollutants to surface waters.
- Advised industrial facility on permitting requirements and socioeconomic analysis necessary for discharge permit in light of state antidegradation policy.
- Represented industry consortium in developing cumulative impact analysis to support application for Section 404 dredge and fill permits.