ELR Citation: 45 ELR 20222
No(s). 3:12-cv-00094 (11th Cir. Nov 13, 2015)

In an unpublished opinion, the Eleventh Circuit affirmed a lower court decision dismissing landowners' claims that a city violated the CWA and state law by failing to perform maintenance and repairs on a stream, pond, and dam located partially on their property. The city is a small municipal separate storm sewer system operator subject to the CWA and NPDES permit requirements. In addition, a local ordinance sets forth stormwater management requirements for new development. But because the stream, pond, and dam are not "new development," the ordinance does not apply. The landowners argued that the redevelopment of a neighboring parking lot triggered the city's obligation to retrofit the stream, pond, and dam. But the landowners failed to present sufficient evidence showing that stormwater from the parking lot ran into those areas. In addition, the city's decision to defer maintenance was not a violation of its NPDES permit or the CWA. The lower court, therefore, did not err in granting summary judgment to the city.