Groups Seek To Apply CWA Permit Case To 401 Certification Conditions

Groups representing wastewater plants are arguing that a discharge permit for a San Diego, CA, plant conflicts with a recent Supreme Court holding that EPA cannot set Clean Water Act (CWA) permit restrictions that achieve an “end result” in receiving waters, seeking to apply the high court’s precedent to CWA section 401 certifications. The National Association of Clean Water Agencies (NACWA) and the California Association of Sanitation Agencies (CASA) outline their arguments in Oct. 13 joint comments on proposed revisions...