ELR Citation: 45 ELR 20077
No(s). 2199 (Md. Ct. Spec. App. Apr 2, 2015)

A Maryland appellate court affirmed a lower court decision remanding a stormwater management permit that the state's environmental agency issued to a county. The permit did not fall short for failing to hold the county to state water quality standards, as urged by an environmental group challenging the permit. Rather, the permit must be remanded because the agency did not afford an appropriate opportunity for public notice and comment. For example, the permit incorporated too many documents by reference, thereby making it difficult to understand. In addition, the permit fails to contain meaningful deadlines or ways to measure compliance. And it lacks crucial details that would explain the county's stormwater management obligation with respect to setting TMDLs and installing controls on 20% of impervious surfaces.