Despite Construction Shutdowns, Duty to Inspect Remains Under Stormwater Permits

April 6, 2020Alerts

With statewide shutdowns having been implemented in most of the 50 states, the degree to which construction activity must cease will vary across the country. In many jurisdictions however, that activity – even if halted – remains subject to a “construction activity general stormwater permit” issued by the EPA or by a delegated state agency. 

These general permits are notable in that they usually require inspections of the activities that may contribute to stormwater discharge and subsequent reporting of any instances of noncompliance. Simply put, even projects that have been delayed may remain subject to inspection requirements unless enforcement discretion will excuse non-performance. See, e.g., our prior alert regarding EPA’s exercise of enforcement discretion.