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Construction: Alert - January 30, 2012

For almost 50 years, lessors have had the ability to limit their liability for liens that arose from improvements to the leasehold made by a lessee. However, in the most recent legislative session, the Florida Legislature enacted revisions to Florida Statute § 713.10 that provide a potential pitfall for lessors by inserting a provision that may allow a contractor to lien the lessor's interest even where there is a recorded document advising of the limitation of liens.

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Labor, Employment and Benefits: Alert - February 6, 2012

The U.S. Supreme Court recently denied an employer’s request for review of a decision by the U.S. Court of Appeals for the Eighth Circuit, which held that tipped employees spending more than 20 percent of their time performing related but non-tipped duties must be paid the full minimum wage for that time, without the tip credit.

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Environment
Newsletter - Second Quarter 2000
 
In this Issue...
No Records Found
Reissuance Of Storm Water Multi-Sector General Permit For Industrial Activities
 
 June 1, 2000
 

On March 30, the Environmental Protection Agency (EPA) published its proposal to reissue the National Pollutant Discharge Elimination System (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities (MSGP-2000).  65 Fed. Reg. 17,010.   The deadline for a facility discharging under the existing MSGP to file a Notice of Intent (NOI) to use the MSGP-2000 is December 29.  Facilities with new storm water discharges must submit a NOI no later than two days before commencing discharge.

To follow is a summary of the key changes from the existing MSGP.

Water quality

The MSGP-2000 addresses EPA’s concerns about discharges to impaired water body segments for which states are required to develop Total Maximum Daily Loads (TMDLs). TMDLs are to quantify the loading of a particular pollutant a water segment can assimilate and still meet water quality standards and allocate that amount to the sources of that pollutant discharging to the water segment.

Section 303(d) Waters: For water segments not currently meeting water quality standards for which a state has not yet developed a TMDL, the MSGP-2000 provides that any new discharger of a pollutant causing the impairment must demonstrate compliance with 40 CFR § 122.4(i).  Section 122.4(i) prohibits new discharges unless the discharger can demonstrate that (1) sufficient remaining pollutant load allocations exist to allow for the discharge; and (2) existing dischargers are subject to compliance schedules to bring the segment into compliance with standards.

TMDL Waters: For water segments for which states have developed TMDLs, the MSGP-2000 prohibits coverage of new and existing discharges of a pollutant for which a TMDL has been developed, unless the discharge is consistent with the TMDL.

The final MSGP-2000 may also contain additional requirements to conform to EPA’s proposed revisions to its NPDES rules governing discharges to impaired waters, which were published on August 23, 1999 (64 Fed. Reg. 46,058).

Eligibility for coverage

MSGP-2000 contains a number of changes in the requirements for eligibility under the National Historic Preservation Act (NHPA) and Endangered Species Act (ESA).  First of all, a discharger can only use the permit if storm water discharges, allowable non-storm water discharges, and “discharge-related activities” do not significantly affect historic properties or threatened or endangered species.  “Discharge-related activities” include activities which cause, contribute to, or result in storm water and allowable non-storm water discharges, and measures such as the siting, construction and operation of Best Management Practices (BMPs) to control, reduce or prevent pollution in the discharges.  Second, in the NOI, the discharger must now identify which options for eligibility are being used to certify compliance with NHPA and ESA requirements.  Third, in the NOI, the discharger must state whether the Fish & Wildlife Service or State Historic Preservation Office was contacted for assistance in determining eligibility under the ESA and NHPA requirements.  Fourth, there is a new option for certifying eligibility with the ESA and NHPA requirements: if all eligible discharges and discharge-related activities are already addressed in another operator’s facility-wide certification of eligibility.  Finally, the MSGP-2000 contains a newly revised list of threatened and endangered species, adding all species listed or proposed for listing since March 31, 1995.

SWPPP

The MSGP-2000 contains some new requirements for the Storm Water Pollution Prevention Plans (SWPPP).  There is a new requirement that no solid materials, including floating debris, may be discharged to waters of the United States, except as authorized in a permit issued under CWA § 404.  In addition, off-site tracking of raw, final, or waste material or sediment and dust generation must be minimized.  Tracking or blowing of materials from exposed to noon-exposed areas must also be minimized.

Monitoring

As with the existing MSGP, the MSGP-2000 requires analytical monitoring during the second and fourth year of the permit, compliance monitoring for certain industry segments, and visual inspections of the discharge.  EPA is seeking comment on the monitoring requirements, particularly with regard to analytical monitoring.  EPA is requesting comment on alternatives to the monitoring requirements.  EPA is also requesting comment on whether alternative test methods should be allowed and the role of alternative environmental indicators in the program.

Year two of the MSGP-2000 runs from October 1, 2001 to September 30, 2002.  Analytical monitoring results for year two must be submitted by January 28, 2003.  Year four of the MSGP-2000 runs from October 1, 2003, to September 30, 2004. Analytical monitoring results for year four must be submitted by January 28, 2005.

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