Wednesday, January 21, 2009

Endangered Species Certification – Historic Places Preservation Certification

Several years ago, the requirement was added to the US EPA Multi-sector General Permit (MSGP) to conduct an assessment and to certify that stormwater discharges being permitted would not adversely impact either Federally-protected endangered species or historic places. Since that time, these requirements have been incorporated into most State general permits.

Why are endangered species and historic places called out?

The answer actually lies within Federal regulations that prohibit federal agencies from taking actions that would be in violation with other federal rules. Because US EPA delegates its authority to issue NPDES permits to States, a permit issued by a State becomes an action taken by US EPA.

Because stormwater discharges or construction of stormwater controls could potentially impact endangered species or historic places, US EPA needs to certify that in issuing the permit (or in this case, by granting coverage under a general permit) that the agency has considered these potential impacts. In practice, the requirement to assess these potential impacts is placed on the discharger, who must follow a prescribed assessment protocol and certify that no foreseeable impacts will occur.

Caltha LLP assists companies in addressing their requirements under State and Federal stormwater rules, including review and documentation of Endangered Species and Historic Places requirements. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
Caltha LLP Website

No comments: