USEPA Issues New Interpretive Statement on Releases of Pollutants to Groundwater Which Concludes These Releases are Not Subject to NPDES Permitting

On April 15, 2019 the USEPA issued an “Interpretive Statement” which provides EPA’s interpretation of the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) permit program’s applicability to releases of pollutants from a point source to groundwater that subsequently migrate or may be conveyed by groundwater to jurisdictional surface waters. In general, the USEPA concluded in this “Interpretive Statement” that discharges to groundwater are excluded from NPDES program coverage under Section 301 of the CWA regardless of a hydrologic connection between the groundwater and a jurisdictional surface water. For addition information see https://www.epa.gov/npdes/releases-point-source-groundwater