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I. Update on Federal Caselaw and ProgramsB. Raw Water Transfer Rule
• Promulgated by EPA in response to South Florida Water Management District v. Miccosukee Tribe, 541 U.S. 95 (2004) (holding that an NPDES permit is not needed if waterbodies subject to the transfer are “meaningfully distinct”).
• Rule effective August 12, 2008 and exempts raw water transfers that do not subject the water to an intervening use.
• Rule was upheld in Friends of the Everglades v. South Florida Water Management District 570 F3d 2010 (11th Cir. 2009).
I. Update on Federal Caselaw and ProgramsC. Construction Stormwater Rule
• Issued December 1, 2009 and effective February 1, 2010.
• Establishes nationally applicable effluent limitation guidelines and new source performance standards for construction activities including BMPs and numeric limits for turbidity.
• Will need to be incorporated into Texas general permit.
• IPs propose new screening procedures for determination of TP limits for discharges to streams and rivers.
• Screening factors include: size of discharge, dilution, type of bottom, depth, clarity, observations of vegetative growth, shading and sunlight, streamflow sustainability, impoundments and pools, consistency with other permits in area, and listings in 305(b) Report.
• Implements SB 1757 from 2009 Legislative Session requiring the study of and recommendations on disposal methods for pharmaceuticals to prevent their entrance into wastewater systems.
• Report due by end of year.• Members represent state and federal agencies, local
governments, water utilities, pharmaceutical manufacturers, health care providers, solid waste managers, farmers and ranchers and consumers.
• For more information, see TCEQ website at: http://www.tceq.state.tx.us/permitting/water_supply/pdw/pdagroup