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Revised EPA Storm Water Permit Will Ensure District Will Meet Clean Water Goals

Requires pollution reduction for Anacostia and Potomac Rivers and Rock Creek
May 21, 2012
Washington, D.C. —

Clean water advocates reached an agreement with the U.S. Environmental Protection Agency over a clean water permit for Washington, D.C. that will require the city to develop a plan for reducing its discharges of polluted stormwater to clean up local waterways and the Chesapeake Bay.

Discarded debris floats on the Anacosita River. Adopting these changes will mean cleaner waterways throughout the District. (Earthjustice)

This agreement resolves a legal challenge to the permit filed in November by public interest law firm Earthjustice (representing Anacostia Riverkeeper, Potomac Riverkeeper, and Friends of the Earth) and the Natural Resources Defense Council. The appeal, filed with the U.S. Environmental Protection Agency’s Environmental Appeals Board, alleged that the permit failed to meet legal requirements for clean water.

“The rivers in our nation’s capital should be restored to their full potential, not be the dumping ground for bacteria, metals and other waste,” said Jennifer Chavez, Earthjustice attorney. “This permit marks a major, though seriously overdue, milestone in this 40th year anniversary of the Clean Water Act.”

“This agreement will not only give District residents cleaner rivers and streams, it also empowers the public to have an active role in how the city controls dirty stormwater runoff,” said Rebecca Hammer, an attorney with NRDC.

In 2002, the EPA’s Environmental Appeals Board ordered EPA’s Region 3 to strengthen an earlier version of the permit so that it would ensure compliance with the District’s water quality standards. In October 2011 the EPA released a long-overdue and flawed permit that stopped short of what is required by law and needed to fully clean up the District’s waters. Key parts of the permit contained muddled and ambiguous language and exceptions that made clean water standards extremely difficult to enforce.

Because of the new agreement, EPA will initiate revisions to the permit to require the District to develop a comprehensive plan to meet pollution reduction goals according to a schedule with enforceable deadlines and opportunity for the public to participate in the development of the plan. Adopting those changes will mean cleaner waterways throughout the District.

“Our rivers have long been burdened by uncontrolled polluted runoff,” said Anacostia Riverkeeper Mike Bolinder. “This permit is a vital step toward achieving waterways that are truly fishable and swimmable.”

“For years we have been calling for comprehensive, enforceable implementation requirements and deadlines for cleaning up polluted runoff into our rivers. This permit is a major step in the right direction,” said Potomac Riverkeeper Ed Merrifield.

“Thanks to this permit, visitors and district residents might one day be able to enjoy these once pristine rivers without fear of illness,” said Marcie Keever, oceans and vessels project director at Friends of the Earth.

Contacts

Raviya Ismail, Earthjustice, (202) 745-5221

Jennifer Chavez, Earthjustice, (202) 667-4500, ext. 5208

Elizabeth Heyd, Natural Resources Defense Council, (202) 289-2424

Rebecca Hammer, Natural Resources Defense Council, (202) 513-6254

Marcie Keever, Friends of the Earth, (415) 544-0790, ext. 223

Ed Merrifield, Potomac Riverkeeper, (202) 567-7377

Mike Bolinder, Anacostia Riverkeeper, (202) 863-0158

About Earthjustice

Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.