"Avoiding Stormwater Citizen Suits -- and Defending Those You Can’t."
Dozens of citizen suits have been filed in the past three years alleging water quality violations from stormwater discharges. This briefing will provide industrial and municipal stormwater dischargers with legal, technical, and practical tools for avoiding getting sued by maintaining compliance with an industrial stormwater permit, and defending against citizen suits that cannot be avoided.
Speakers Jeff Kray, a partner with Marten Law Group who regularly represents clients in stormwater citizen suits, and Joe Kalmar, a chemical engineer with Landau Associates with more than 14 years of experience with stormwater permit compliance, presented the following ideas:
- How to update Stormwater Pollution Prevention Plans and ensure consistent compliance with a stormwater permit
- What to expect if you receive a Clean Water Act Notice of Intent to Sue letter from a citizen group
- What steps to take in preparing a timely and effective response to a possible citizen suit
- Possible costs and consequences of failing to promptly resolve a potential citizen suit
- Methods for reviewing your facility’s stormwater management practices and defending against and settling a citizen suit