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EPA issues 2012 NPDES General Permit

On February 16, 2012, the Environmental Protection Agency ("EPA") issued the final National Pollutant Discharge Elimination System ("NPDES") General Permit for Stormwater Discharges from Construction Activities.  The permit will be effective in areas where EPA is the permitting authority: Idaho, Massachusetts, New Hampshire, New Mexico, Washington, D.C., and most U.S. territories and in Indian country lands. Other states in the Northeast and Mid-Atlantic, including Connecticut, parts of Delaware, Maine, Maryland, parts of New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and parts of Vermont, have NPDES Permitting Authority and are not covered by the 2012 Permit.

The 2012 Permit includes modifications from the 2008 permit. It implements Effluent Limitations Guidelines and New Source Performance Standards for Construction and Development for point sources industry that became effective on Feb. 1, 2010 for the construction and development industry. It also includes requirements based on water quality standards for stormwater discharged from construction sites. The new effluent limitations focus on erosion and sediment control and include soil stabilization requirements for clearing, grading and excavating activities. They also include dewatering requirements for draining trenches and excavations and mandate pollution control measures to minimize wash water discharges and precipitation and stormwater contact with building materials, fertilizers, pesticides and other construction site materials.  

The Law Office of Christopher D. Hopkins, LLC. can assist clients with construction and development permitting issues.  Please feel free to contact me to discuss your issues. 
 

About The Law Office of Christopher D. Hopkins, LLC

The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate, land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania.

Contact Information

The Law Office of Christopher D. Hopkins, LLC
1812 Front Street
Scotch Plains, NJ 07076
TEL: 908.322.6121
FAX: 908.322.5701
Email: chris@chopkinslaw.com

Website http://www.chopkinslaw.com

Governor Christie’s Plan to Abolish the Council on Affordable Housing Overturned By Appellate Court

An appellate court Thursday March 8, 2012 overturned Governor Christie’s executive order of June to abolish the Council on Affordable Housing (COAH) and fold its functions into the state Department of Community Affairs. That plan would have given municipalities and the governor more control over determining the number of affordable-housing units required for development projects. The Governor argued that it would save money, reduce regulations, and simplify the administration of affordable housing. The Fair Share Housing Center sued, alleging the governor did not have the power to eliminate an independent agency under the under the Reorganization Act. The organization argued that with COAH under the control of DCA - which is led by a commissioner appointed by the governor - transparency would be eliminated and public hearings would be replaced by behind-closed-doors decisions where the Commissioner could unilaterally waive affordable-housing obligations. The court ruled that Governor Christie did exceed his authority under the Reorganization Act when he abolished COAH and that only the Legislature do that. The ruling held that the Governor could not abolish any agency that was created by the Legislature and is an independent authority, even if it technically sits within the executive branch. Governor Christie’s administration has confirmed that he remains committed to aboloshing COAH and the Governor has appeal the ruling to the state Supreme Court. One thing is certain. The legal battle over COAH’s fate guarantees continued uncertainty around the affordable-housing obligations of developers. The Law Office of Christopher D. Hopkins, LLC. has substantial experience in calculating and negotiating the affordable housing obligations of various development projects. Please feel free to contact us to discuss your issues. About The Law Office of Christopher D. Hopkins, LLC The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate,land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania. Contact Information The Law Office of Christopher D. Hopkins, LLC 1812 Front Street Scotch Plains, NJ 07076 TEL: 908.322.6121 FAX: 908.322.5701 Email: chris@chopkinslaw.com Website http://www.chopkinslaw.com