Evolution of stormwater control

In the early 1970’s, the EPA took the position that discharges from urban stormwater pipes could be exempted from permit requirements by regulation. The Natural Resources Defense Council (NRDC) disagreed, sued and won.

The court ruled that all point sources needed permits, but it wrote that the EPA could cover minor sources with “general permits.” (NRDC v. U.S. EPA)

The 1987 amendments to the Clean Water Act made regulation of stormwater discharges from a “pipe, ditch or discrete conveyance” a priority. The revised statute required the EPA to issue stormwater permitting regulations but allowed them in phases, beginning with the most populous cities, significant industries and larger construction sites.

(Natural Res. Def. Council, Inc. v. Costle, 568 F.2d 1369 (D.C. Cir. 1977))

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