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Regulatory Framework for the Management and Remediation of Contaminated Marine Sediments

Editors' Summary: In 1989, a National Research Council study concluded that contaminated sediments are "widespread in U.S. coastal waters" and have "potentially far-reaching consequences to both public health and the environment." A 1996 interim EPA report reached a similar conclusion. This concern over contaminated sediments is not new. It has manifested itself in a dizzying array of statutory and regulatory restrictions on the disposal of these sediments.

Trends in Regulation of Stormwater and Nonpoint Source Pollution

Editors' Summary: Regulation of point source discharges under the Federal Water Pollution Control Act (FWPCA) has resulted in significant improvements in water quality. Further progress, however, will require attention to stormwater and nonpoint source discharges. This Article describes current legal schemes that regulate point source stormwater discharges and encourage control of nonpoint source releases. The author first discusses phases I and II of EPA's program to regulate stormwater under the FWPCA.

76 FR 64379

United States v. Ryland Group, Inc., No. 3:11-cv-00499 (W.D.N.C. Oct. 7, 2011). A settling CWA defendant responsible for stormwater violations must pay a $625,000 civil penalty and must institute a companywide management, reporting, and training program to improve compliance with stormwater requirements.

76 FR 63954

United States v. City of Welch, No. 1:11-cv-00647 (S.D. W. Va. Sept. 21, 2011). Settling CWA defendants that violated NPDES permit requirements must pay a $5,000 civil penalty to the United States and West Virginia, must pay stipulated penalties for periods of noncompliance, and must perform a series of injunctive relief measures.

76 FR 63954

United States v. Smith, No. 3:10-cv-05364-BHS (W.D. Wash. Oct. 6, 2011). Settling CWA defendants that discharged pollutants into waters of the United States without a permit must pay a civil penalty contingent upon certain circumstances.

76 FR 63326

United States v. Nicholson, No. C01-809RBL (W.D. Wash. Sept. 28, 2011). Settling CWA defendants that discharged pollutants into waters of the United States without a permit must pay a civil penalty, must perform mitigation, and must enter into a separate agreement with the Lummi Nation regarding a shore defense structure.

76 FR 61738

United States v. Newport Sand & Gravel Co., Inc., No. 2:11-cv-228 (D. Vt. Sept. 26, 2011). Settling CWA defendants that discharged process and stormwater at concrete plants in New Hampshire and Vermont must pay a $200,000 civil penalty and must implement other measures to prevent unauthorized stormwater discharges.

76 FR 61696

EPA Region 2 received a petition to determine whether adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the New York state portion of Lake Ontario.

76 FR 37153

United States v. Eddie's Service Station, No. 5:10-cv-6126 (E.D. Mo. June 20, 2011). Settling CWA defendants that discharged pollutants without a permit into waters of the Untied States must pay a civil penalty, must conduct a mitigation project, and must enter into several environmental covenants on the affected property.

76 FR 36577

United States v. Swift Beef Co., No. 8:11-cv-216 (D. Neb. June 16. 2011). A settling CWA defendant responsible for violations at its beef processing plant in Grand Island, Nebraska, must pay a $1,300,000 civil penalty in response costs incurred by the United States and Nebraska and must undertake injunctive measures to prevent future violations.