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AMSA Enters Lawsuit to Preserve POTWs' Permit Shield
On August 7, AMSA and the Water Environment Federation (WEF) filed a brief in an appeal that could have far-reaching implications for the nation's wastewater treatment plants and their National Pollutant Discharge Eliminations System (NPDES) permits.
AMSA is seeking participation in the matter of Piney Run Preservation Association v. Carroll County (United States Court of Appeals for the Fourth Circuit, Nos.: 00-1283, 00-1322). The Commissioners of Carroll County, Md. are appealing a U.S. district court's decision which holds one of the county's publicly owned treatment works (POTWs) liable for a pollutant not regulated under its NPDES permit - temperature. Legal Alert 00-08 contains complete details.
The court penalized the wastewater treatment agency for past violations of an ambient water quality standard for heat even though the facility's permit did not contain limits for heat, and the County had never been cited for any heat or temperature violations.
Ruling Ignored EPA Policy
The amicus brief argues that the ruling directly conflicts with EPA's 1994 “permit shield” policy and the plain language of the Clean Water Act (CWA). “Section 402(k) of the CWA states explicitly that as a matter of law, 'compliance with a NPDES permit' is 'deemed compliance' with all effluent limitations and standards set in accordance with the Act,” the brief contends. In 1994, EPA policy clarified that the CWA Section 402(k) "permit shield" provides a shield for discharges from POTWs of pollutants that have been identified in the permit application process.AMSA's Technical Action Fund Protects POTWs
AMSA's Technical Action Fund will support AMSA's involvement in this crucial NPDES issue. By filing an AMSA-led amicus brief on this case, the Association seeks to protect the integrity of the “permit shield” and to prevent similar suits that hold POTWs responsible for pollutants that are not specifically limited in their NPDES permits.