August 26, 2010

If you are in the construction business where dirt is exposed to the elements or if your company stores materials or equipment outdoors, you should be. Requirements for managing stormwater may affect you and your business. Public awareness and concern about stormwater runoff – also known as non-point source pollution – is growing.

In recent years federal and state environmental agencies have been focusing on programs designed to control storm water runoff. Storm water is an issue at construction sites when soils are exposed. Within the past year the focus on storm water has broadened to include storm water that runs off of industrial sites. The Minnesota Pollution Control Agency (MPCA) has issued a new general permit that covers a variety of industrial operations.

The MPCA and the U.S. Environmental Protection Agency (EPA) monitor compliance with storm water permits through periodic inspections. Federal and state inspectors and their local government partners also respond to complaints filed by citizens who believe there may be pollution. When an inspector finds conditions at a site that may violate a term or condition of a permit or a storm water pollution prevention plan that is incorporated into the permit, it is possible that an enforcement action – including penalties or an order for corrective action – may follow. If you are subject to storm water regulations, you should consider taking immediate steps to be prepared for an inspection. Waiting for the shoe to fall may be too late.

How do storm water regulations and requirements affect your operations?

It depends. Every business and operation is different. It takes some effort and knowledge to determine whether your site or company is subject to regulation and what you must do to comply.

To learn more consider attending a course entitled “Current Issues in Storm Water Regulation in Minnesota” offered by Lorman Educational Services on Wednesday, September 1, 2010 in Bloomington, Minnesota. For more information about the September 1st seminar, please see Attendees are eligible to receive continuing education credits in a number of different professional disciplines. A copy of the agenda and other course details can be found at: As the Environmental Law Attorney Practice Group we offer a range of innovative legal service packages. To learn more, please visit:

Joseph Maternowski, an environmental lawyer with extensive experience in stormwater permitting and enforcement cases, will be speaking in two sections of the course entitled “Responding to Enforcement Actions” and “Case Studies.”

In his role as Chair at Hessian & McKasy’s Environmental Law Attorney Practice Group, environmental lawyer Joseph Maternowski has been involved with the representation of clients in a number of enforcement actions involving storm water issues. For information about Mr. Maternowski’s involvement with stormwater cases, please visit:

The views contained within this entry and on this website are my own and do not constitute those of Hessian & McKasy, P.A.

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