Pollutants, Storm Water, the Clean Water Act and Wildebeests

Thanks to Bloomberg for reporting today's Clean Water Act citizen suit du jour.  This suit involves a facility in Los Angeles that, like most properties, discharges stormwater to a municipal storm sewer under the applicable Clean Water Act General Permit.  An NGO alleges that stormwater ultimately reaches a Water of the United States containing "pollutants" including "dust and debris" and "building exhaust" and "dirt" and, for that reason and others, violates the General Permit.  The NGO seeks the maximum statutory penalty of $55,800 per day, injunctive relief, and attorneys fees.

The Facility owner now needs to deal with the 36 page fact-intensive complaint.  This brings to mind wildebeests at the watering hole when a crocodile takes one of the herd.  There is a moment of terror and then things return to normal for the rest of the wildebeests until then next time the crocodile strikes.  Unfortunately that's the best the wildebeests can do.  Facility owners might consider whether they can do more.