CopyCited 104 times | Published | Court of Appeals for the Eleventh Circuit
...m a "point source" on its property into "the waters of the United States" without an NPDES permit. See 33 U.S.C. §§ 1311 , 1342. Hughey alleged that JMS's discharges of storm (rain) water were in association with industrial activity. See 40 C.F.R. § 122.26 (b)(14)(x) (industrial activity includes construction, which in turn encompasses clearing, grading, and grubbing)....
...vity, which is in turn defined as "clearing, grading and excavation activities except: operations that result in the disturbance of less than five acres of total land area which are not part of a larger common plan of development or sale." 40 C.F.R. § 122.26 (b)(14)(x)....
CopyPublished | District Court of Appeal of Florida
collecting or conveying stormwater. 40 C.F.R. §
122.26(b)(8). However, the components of an MS4 do not
CopyPublished | Court of Appeals for the Eleventh Circuit
...vity,
which is in turn defined as "clearing, grading and excavation
activities except: operations that result in the disturbance of
less than five acres of total land area which are not part of a
larger common plan of development or sale." 40 C.F.R. §
122.26(b)(14)(x)....
..."point source" on its property into "the waters of the United
States" without an NPDES permit. See 33 U.S.C. §§ 1311, 1342.
Hughey alleged that JMS's discharges of storm (rain) water were in
association with industrial activity. See 40 C.F.R. §
122.26(b)(14)(x) (industrial activity includes construction, which
4
Section 1365(a) authorizes any citizen to "commence a civil
action on his own behalf—(1) against any person ......
