Speakers: Marcia Greenblatt, Integral Consulting and Kathy Robb, Sive, Paget & Riesel
This webinar will review the current status of regulation of groundwater discharges that are hydraulically connected to surface water and potentially subject to regulation under the CWA and discuss the challenges in implementation.
Two federal appeals courts have ruled in 2018 that groundwater discharges hydraulically connected to Waters of the United States (“WOTUS”) are subject to regulation under the Clean Water Act. In one case, injected treated wastewater was carried by groundwater and eventually discharged to the ocean in Hawaii; in the other, a gas spill from an underground pipe break resulted in discharge through soil and groundwater into adjacent wetlands and creeks after the pipe break was contained. These cases follow years of inconsistent decisions on whether groundwater as a conduit is regulated under the CWA. The legal findings are ambiguous in terms of future regulation, and the technical and regulatory challenges could be substantial. In addition, EPA has asked for comment on whether a clarification or rule on the issue is needed.
PDH credit available to all attendees. Webinar recording included with registration, or available for purchase afterward.