Peacock Piper Tong + Voss LLP Presents on legal issues arising from storm water discharges

On December 7, 2018, Peacock, Piper, Tong + Voss LLP partners Sarah Tong Sangmeister and Tara Voss, in conjunction with Timothy Simpson and Matt Lentz of GSI Environmental and the Pacific Merchant Shipping Association (“PMSA”), participated in a presentation to the PMSA membership regarding the application of the California General Permit for Storm Water Discharges Associated with Industrial Activities (the “Industrial Permit”) and Clean Water Act to marine terminals in the San Pedro Bay port complex. On July 1, 2015, a new Industrial Permit went into effect in the state of California governing Transportation Facilities that have “vehicle maintenance shops, equipment cleaning operations, or airport deicing operations.” On November 6, 2018, the State Water Board amended the Industrial Permit to incorporate three new requirements (1) Federal Sufficiently Sensitive Test Method Ruling; (2) Total Maximum Daily Load (TMDL) Implementation Requirements; and, (3) Statewide Compliance Options incentivizing on-site or regional storm water capture and use. Tara discussed the rise of Citizen Suits brought under the Clean Water Act alleging violations of the Industrial Permit, the risks associated with Citizen Suits, and defenses to these claims. Sarah discussed the impact of recent amendments to the Industrial Permit, common challenges faced by marine terminals and methods that can be deployed by marine terminals to limit their exposure to Citizen Suits.