This week the OMA submitted formal comments to U.S. EPA regarding whether pollutant discharges from point sources that reach jurisdictional surface waters via groundwater, or other subsurface flow that has a direct hydrologic connection to jurisdictional surface waters, may be subject to regulation under the Clean Water Act (CWA).
In its comments the OMA requested that “U.S. EPA undertake a notice-and-comment rulemaking to clearly implement the Clean Water Act, which does not regulate nonpoint sources in the National Pollutant Discharge Elimination System (NPDES) program.”
OMA wrote: “The resulting rule would provide regulatory certainty for the agency, states, dischargers, courts, and the public. The rulemaking should: (1) reject the “hydrologic connection theory”; (2) confirm that the “hydrologic connection theory” was not based on a thorough analysis of CWA; and (3) endorse a plain language interpretation of the statute.” 5/24/2018