Clean Water Current

(November 12, 2020) – NACWA is pleased to unveil a much-anticipated Stormwater Permit Screening Program that will help municipal separate storm sewer system (MS4) permittees navigate the growing complexities often found in renewed stormwater permits. The Program is designed to assist utilities – particularly MS4 Phase II permittees – better understand permit language and options available to permittees during the permit issuance process.

The Stormwater Permit Screening Program will work by offering permittees a high-level review of draft permits and provide individualized feedback using a checklist of priority issues. This analysis is intended to help guide permittees through consideration of a number of factors and flag potentially impractical requirements. While the Screening Program does not provide legal advice, it may help inform permittees of possible permit language concerns and associated regulatory obligations.

The Screening Program will review draft permits for several themes central to the Clean Water Act and MS4 permits, including compliance with the maximum extent practicable (MEP) standard, water quality standards, total maximum daily loads, impaired waters, and water quality trading.

MS4 draft permits often have a short turn-around for public comment (e.g., 30 days). If MS4s would like to participate and have NACWA review draft permit language, please let us know as soon as possible when draft language is available so that we can review and provide feedback.

NACWA would like to thank our Legal Affiliate, AquaLaw, for its assistance in designing this Screening Program and its thoughtful help to implement and review draft permits. This Screening Program is intended to be used in tandem with NACWA’s 2018 MS4 Stormwater Permitting Guide.

If members have questions, please contact Emily Remmel for more information.