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In response to a split in the federal circuit courts of appeals and after a long history of inconsistent guidance, the U.S. Environmental Protection Agency (EPA) recently announced that it is seeking comments by May 21, 2018 on whether a Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) permit is required for discharges to groundwater that eventually reach surface waters.
What exactly does the “Hirst fix legislation” fix? On January 19, 2018, after months of water rights and real estate uncertainty and legislative deadlock, Washington Governor Jay Inslee signed the “Hirst fix” into law. The Legislature passed the “fix” in response to a controversial 2016 Washington Supreme Court decision, commonly known as the “Hirst decision,” that limited how counties approved building permits using permit-exempt wells for a water source.
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