Water Quality Practice
Marten Law Group represents some of the largest companies in the Pacific Northwest on water quality issues. In this context, we help clients navigate the federal, state, and local water quality laws and regulations that govern discharges to both surface water and groundwater, including the federal Clean Water Act, the National Environmental Policy Act, and the Endangered Species Acts. We assist clients in working with the agencies that administer these laws, helping our clients to obtain permits, negotiate applicable water quality standards and permit requirements, and resolve regulatory enforcement matters so that operations can proceed uninterrupted.
Experience:
NPDES Permitting • Stormwater Permitting • Clean Water Act 404 and 401 Permitting • Compliance Counseling • Defense of Enforcement Actions • Appeals and Variances • Regulatory Development
Representative Matters:
- As state and federal stormwater laws evolve we advise prominent Washington developers and homebuilders on how to maintain compliance with applicable laws. We review and comment on Stormwater Pollution Prevention Plans (SWPPPs). We also revise real estate contracts to appropriately allocate stormwater pollution control risk.
- After a stormwater facility exploded as a result of chemical waste deposited in the facility, our client was facing severe regulatory penalties. We prepared a defense that reduced the penalties by hundreds of thousands of dollars and then successfully negotiated settlements with state and federal enforcement agencies that terminated all regulatory action.
- When a national retailer discovered that fuel released from underground storage tanks at its distribution facility had reached stormwater drains and an urban lake we advised our client on working with state and local regulatory agencies to identify the release source and to control and correct the release. We then represented the client in successful negotiations with the state to substantially reduce the penalties arising from the release, prevent future releases, and contribute to a supplemental environmental project to improve local stormwater protection systems.