Water Quality
Jump to: Wastewater Discharge Permitting | Cooling Water Intakes | Stormwater and Spills | Flood Management | Environmental Flows | Wetlands | Representative Matters
Water quality reuse and discharge issues may fall under local, state or federal regulation depending upon the discharge method or body of water affected. We are skilled in all areas of water quality regulation and can help clients develop effective reuse, disposal and pollution prevention strategies. Additionally, our attorneys are regularly involved with the state legislature and rule-making bodies in monitoring and influencing decisions that affect our clients. Some of our areas of expertise include the following:
- Wastewater Discharge Permitting: We assist clients with obtaining TPDES land application and discharge permits, and we know the procedural requirements to get such permits issued by the TCEQ. We also advise clients on the Total Maximum Daily Loads (TMDL) process and work on TMDL implementation plans that affect our clients.
- Cooling Water Intakes: We are also familiar with the evolving regulations and policies involving restrictions on cooling water intake structures under Clean Water Act section 316(b), and the permitting options and limitations arising from EPA's regulations for intake structures on and new and existing electric generating facilities.
- Stormwater and Spills: A separate permit is required for discharges of stormwater associated with certain construction and industrial activities. We help clients obtain construction stormwater permits and industrial multi-sector general permits from the TCEQ and develop stormwater pollution prevention plans (SWP3). We can also assist with the spill notices required by the TCEQ in the event of an accidental discharge or spill that may cause pollution.
- Flood Management: Flooding can be a significant problem in many parts of Texas. Our attorneys are thoroughly knowledgeable in all issues related to surface drainage, liability for flooding, statutes and regulations regarding floodplain management, and standards for dam construction. We are able to help clients both deal with current flood management issues and avoid potential problems related to flooding.
- Environmental Flows: The Texas Legislature has created the Environmental Flows Advisory Group to study and make recommendations concerning environmental flows in Texas. Essentially, this refers to the amount of water needed in streams, rivers and estuaries to maintain healthy ecosystems, taking into consideration both human needs and those of other species. Our attorneys closely monitor developments in this emerging area of environmental law and are able to advise clients as to its implications for development.
Wetlands
The legal issues surrounding wetlands in Texas present a special challenge because of the complicated set of criteria used for defining and regulating activities within wetlands. For example, the presence of certain types of plants may be a determining factor, and wetlands adjacent to navigable waters may be subject to additional regulations. Under the Clean Water Act, permits may be required for wastewater discharge and dredge-and-fill operations involving wetlands, the latter of which is regulated by the U.S. Army Corps of Engineers. Additionally, projects that disturb sand, gravel, and other materials in state-owned waters may require additional permitting.
We assist clients with planning, property analysis, and jurisdictional determinations as necessary to obtain any required permits for projects that involve wetlands, as well as strategies to avoid or mitigate impacts to wetlands.
- Administrative Proceedings
- Air Quality
- Biodiesel and Advanced Biofuels
- Carbon Management & Climate Change
- Compliance and Enforcement
- Environmental Due Diligence and Risk Assessment
- Environmental Litigation and Toxic Tort
- Mining Regulatory
- Project Development & Permitting
- Remediation
- Superfund
- Waste
- Water Quality
- Water Supply
- Industries We Represent
Environmental Spotlight
Ali Abazari
(512) 236-2239
aabazari@jw.com
REPRESENTATIVE MATTERS:
- Before the TCEQ, we represented an energy client in water quality matters concerning the proposed listing of the Lake Arlington cooling water body as thermally impaired under Section 303(d) of the Clean Water Act. We successfully demonstrated that the proposed listing was unnecessary.
- For the owner of a new natural gas-fired, combined-cycled power plant, we successfully obtained the initial wastewater discharge permit from TCEQ required to commence operations at the plant. We also served as the developer's counsel for certain regulatory, project financing, and environmental matters, including providing a legal opinion to the lender regarding the developer's compliance with all applicable state and local environmental permitting and regulatory requirements.
- We represented the owner of a major dairy CAFO, located in the environmentally sensitive North Bosque River watershed, in a hotly contested permit hearing, and successfully obtained a new TPDES water quality permit, which allowed our client to continue to operate and expand the dairy.
- For the owner of a large poultry egg operation, we successfully obtained a new TPDES water quality permit for the operation, following a contested hearing at the State Office of Administrative Hearings. We also successfully defended that permit on appeal.
- For a national developer of resort communities, we led a successful effort to obtain a TPDES discharge permit for a new domestic wastewater plant to serve a 3,000-acre golf course resort community in central Texas. The permit was contested by a downstream landowner, and we obtained a unanimous decision from the TCEQ Commissioners denying the hearing request and ordering the issuance of the permit.
