摘要: |
Transportation departments discharge voluminous amounts of stormwater in the management of their highway systems. Historically these discharges were not regulated by any pollution control standards. Every transportation department is regulated today by the National Pollutant Discharge Elimination System (NPDES) program. As long as the transportation department complies with its NPDES permit, generally no liability arises for the water quality of any storm water discharge. Recently, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) has created arranger liability for stormwater discharges in at least one case in the State of Washington. A recent Supreme Court case has defined when a discharge occurs under the NPDES program. Concern has arisen that a transportation department may be liable for contaminated stormwater discharges even though it has complied with its NPDES permit. Research is needed on enforcement actions taken against transportation departments regarding discharges regulated under NPDES. These actions could be initiated by State environmental protection agencies, United States Environmental Protection Agency (USEPA), or private citizens. The results of these enforcement actions could provide guidance to Transportation Departments in the management of their stormwater discharge programs. |