C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER D—WATER PROGRAMS › PART 122—EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subpart B—Permit Application and Special NPDES Program Requirements

40 C.F.R. § 122.30

What are the objectives of the storm water regulations for small MS4s?

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(a) Sections 122.30 through 122.37 are written in a “readable regulation” format that includes both rule requirements and EPA guidance that is not legally binding. EPA has clearly distinguished its recommended guidance from the rule requirements by putting the guidance in a separate paragraph headed by the word “guidance”.

(b) Under the statutory mandate in section 402(p)(6) of the Clean Water Act, the purpose of this portion of the storm water program is to designate additional sources that need to be regulated to protect water quality and to establish a comprehensive storm water program to regulate these sources. (Because the storm water program is part of the National Pollutant Discharge Elimination System (NPDES) Program, you should also refer to § 122.1 which addresses the broader purpose of the NPDES program.)

(c) Storm water runoff continues to harm the nation's waters. Runoff from lands modified by human activities can harm surface water resources in several ways including by changing natural hydrologic patterns and by elevating pollutant concentrations and loadings. Storm water runoff may contain or mobilize high levels of contaminants, such as sediment, suspended solids, nutrients, heavy metals, pathogens, toxins, oxygen-demanding substances, and floatables.

(d) EPA strongly encourages partnerships and the watershed approach as the management framework for efficiently, effectively, and consistently protecting and restoring aquatic ecosystems and protecting public health.

[64 FR 68842, Dec. 8, 1999]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2005–2022 · leading case: California Sportfishing Prot. All. v. Shiloh Grp., LLC, 268 F. Supp. 3d 1029 (N.D. Cal. 2017).
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California Sportfishing Prot. All. v. Shiloh Grp., LLC, 268 F. Supp. 3d 1029 (N.D. Cal. 2017). “The notice identifies the specific standards Defendants are alleged to have -violated (Section 301(a) of the CWA and 40 C.F.R. § 122.30 (a)); the approximate dates of the violations (since December 1, 2016); the location of the alleged violation (the Facility and its underground…”
Bldg. Indus. Ass'n v. State Water Resources Control Bd., 22 Cal. Rptr. 3d 128 (Cal. Ct. App. 2005). “26 (b)(8)), and are often referred to as “MS4s” ( 40 C.F.R. § 122.30 ). For readability, we will identify these systems as municipal storm sewers.”
Matter of Nat. Resources Def. Council, Inc. v. New York State Dep't of Env't Conservation, 34 N.E.3d 782 (N.Y. 2015). · cites it 2× “Storm water runoff may contain or mobilize high levels of contaminants, such as sediment, suspended solids, nutrients, heavy metals, pathogens, toxins, oxygen-demanding substances, and floatables" (40 CFR 122.30 [c]). Regulation of stormwater discharges are particularly…”
Small MS4 Coalition v. Dept. of Env't, 479 Md. 1 (Md. 2022). “§1342 (p); 40 CFR §§122.30 -.37. The fundamental issues in this case are whether the Department, as the NPDES permitting authority for Maryland, may mitigate nonpoint source pollution to protect water quality standards when issuing permits for point sources, such as MS4s, and,…”
Delaware Riverkeeper Network Vs. New Jersey Dep't of Env't Prot. Stony Brook-millstone Watershed Ass'n Vs. New Jersey Dep't of Env't Prot. (Dep't of Env't Prot.) (Consol.) (N.J. Super. Ct. App. Div. 2020). “, 40 C.F.R. § 122.30 (c). Stormwater discharge is generated when rain or melting snow "flow[s] over land or impervious surfaces, such as paved streets, parking lots, and building rooftops, and does not soak into the ground.”
Mid-New York Env't & Sustainability Promotion Comm., Inc. v. Dragon Springs Buddhist, Inc. (S.D.N.Y. 2022). “2017) (deeming sufficient a notice that was “not a model of clarity” but identified the discharges as “underground storm water conveyances” associated with industrial activity and “identifie[d] the specific [storm water] standards Defendants are alleged to have violated (Section…”
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