From Hamilton Hackney of GT Boston:

As one of a number of recent stormwater initiatives, USEPA is developing regulations to control post-construction stormwater discharges from commercial properties, which would represent a major expansion of the current stormwater regulatory program.  As part of that process, USEPA is sending out mandatory questionnaires to 3,000 construction companies and commercial property owners to gather information on existing stormwater management practices and costs.  USEPA has sent these questionnaires to "entities believed to be owners of point source discharges that are involved with new construction, development and redevelopment of residential, non-residential, industrial, and commercial properties and transportation projects."  In addition to the owner/developer questionnaires, USEPA has issued questionnaires to MS4 operators, transportation-related MS4 operators and NPDES permitting authorities.

The owner/developer questionnaires (issued in both long and short form) request some very detailed information on:

  • Type/location/size/identification of projects;
  • Land cover areas both pre- and post-development including percent imperviousness;
  • Long term stormwater best management practices and controls (with a focus on LID practices), including design criteria, specifications, and cost information;
  • Stormwater permit and management requirements;
  • Information on design credits or incentives (or impediments) associated with implementing retention practices;
  • Firm level financial information;
  • Establishment level financial information; and
  • Project level financial information.

These questionnaires must be completed within 60 days of receipt, and are being sent out as information requests under Section 308 of the Clean Water Act – this means that there are potential penalties for failing to respond or submitting inaccurate information. 

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Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.