EPA Considers Using the Clean Water Act to Permit Discharges to Groundwater

On May 21, AGC challenged the U.S. Environmental Protection Agency’s consideration of using the Clean Water Act (CWA) permit program to regulate discharges to groundwater eventually making their way to a jurisdictional surface water.  EPA’s considered action could impact contractors who employ stormwater collection systems (such as detention ponds) as well as green infiltration practices to control stormwater.  CWA programs cover point source discharges to jurisdictional waters, not releases to groundwater.  AGC further argued that groundwater is currently protected under other laws, such as, for example, the Safe Drinking Water Act.

For more information, contact Leah Pilconis at or (703) 837-5332 or Melinda Tomaino at or (703) 837-5415

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