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Does the Clean Water Act Apply to Groundwater?

If a person discharges a pollutant from a point source into groundwater, and that pollutant then reaches a “Water of the United States” as defined under the Clean Water Act, is a discharge permit required?  Two recent court cases have reached different results on this issue and now the Environmental Protection Agency is seeking public comment on this question. Background The Clean Water Act Section 402 requires a National Pollutant Discharge Elimination System (NPDES) permit for the discharge of “pollutants” from “point sources” into “navigable waters.”  Each of... Read More →

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