On November 23, 2009, the U.S. Environmental Protection Agency (EPA) issued a final rule, which for the first time imposes national monitoring requirements and enforceable numeric limitations on construction site stormwater discharges. The final rule was published in the Federal Register on December 1, 2009.

Under the final rule, all construction site owners and operators must implement erosion and sediment control measures and pollution prevention practices, and certain owners and operators are required to sample stormwater discharges and to comply with a numeric standard for the pollutant turbidity in them. The rule also imposes stringent requirements for soil stabilization.

This sweeping change in the regulation of construction sites will be phased in over four years, beginning in February 2010. Affected individuals and entities are urged to immediately begin planning their strategies for compliance, inasmuch as the EPA has signaled that it considers water pollution from construction sites to be one of its top priorities.

For further information, please contact Charles F. Helsten or your regular Hinshaw attorney.

This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.