July 7, 2009

On July 6, 2009 the Minnesota Pollution Control Agency (MPCA) reissued the State’s industrial stormwater general permit.  The draft permit, which is subject to a 30 day public comment period, is a substantial revision to the existing general permit which was issued in 1997, expired in 2002 and continued in force since that date.  For more information on the draft permit and facilities that may be subject to coverage please see: http://www.pca.state.mn.us/water/stormwater/stormwater-i.html

The MPCA estimates that up to 10,000 Minnesota facilities may be subject to the requirements of the industrial stormwater general permit.  Thousands more facilities may need to evaluate their operations to determine whether they are subject to the general permit.

Depending upon the operations of a business, (based on the Standard Industrial Classification (SIC) code assigned to a specific operation), sector specific monitoring and corrective measures may apply.  Certain businesses may be required to collect samples of stormwater flows leaving their facility, send these samples to a laboratory for analysis, report results and, in certain cases, implement corrective measures.  Significant capital expenses may be required to fund these measures.

Businesses subject to the rules may submit comments on the draft permit. Comments must be submitted by August 5, 2009.

Hessian & McKasy is a full service law firm.  Our environmental attorneys provide professional services in a variety of areas.  At Hessian & McKasy, we assist clients on a range of environmental matters including submitting comments on proposed rules.  For more information on our environmental law services please see:http://www.enviroattorney.net/professionalservices.php#Rulemaking.

Our environmental lawyers also help clients determine their compliance status and prepare them for inspections where government agencies are monitoring compliance and in certain cases may initiate enforcement actions to address noncompliance.  For additional information on preparing for an inspection, please see: http://www.enviroattorney.net/Surviving.pdf.

The views expressed here are my own and do not reflect the views of my employer, Hessian & McKasy. P.A.

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