October 15, 2009

In Minnesota we have had a fairly dry summer. Due to a sluggish economy, construction projects slowed. With a rebounding economy and thanks to federal stimulus dollars, some areas are starting to see a resurgence in construction projects. This fall, rainy conditions have returned to the State.

As construction projects move forward, project owners and contractors need to be vigilant about construction stormwater permit compliance. It would be prudent to determine if a project is subject to NPDES permitting requirements. If so, an application should be filed and a stormwater pollution prevention plan (SWPPP) should be developed. Most importantly, the plan needs to be implemented. The standard SWPPP that is promoted by the Minnesota Pollution Control Agency (MPCA) requires documentation of inspections. When issues arise, which is inevitable during rain events, an inspector may arrive to check on a site’s compliance status.

The MPCA continues to investigate permitted and unpermitted sites and when it finds alleged violations take enforcement actions. Details on the latest case involving a County and contractor can be found at: http://www.pca.state.mn.us/news/data/newsRelease.cfm?NR=282264&type=2.

At Hessian & McKasy, our environmental lawyers assist clients on environmental issues including stormwater compliance. Members of the Hessian & McKasy Environmental Law Attorney Practice Group are involved with the defense of project owners and contractors on MPCA stormwater construction matters and enforcement of all other environmental regulations. Our environmental attorneys have also presented at numerous conferences discussing stormwater compliance. As law practice innovators, we offer flexible packages of legal services to our clients.  To learn more, please visit: http://www.enviroattorney.net/sample-price-list.php. For information about our professional services, please see the link at:http://www.enviroattorney.net/professionalservices.php.

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

 

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