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Water

Potential Circuit Split: Is Groundwater a Conduit to Jurisdictional Surface Water Under the Clean Water Act?

On Thursday December 7, 2017 the Fourth Circuit will hear oral arguments in Upstate Forever v. Kinder Morgan Energy, on whether liability under the Clean Water Act can be imposed where a pollutant is not directly discharged into surface waters, but instead reaches surface waters through an unpermitted discharge into groundwater.  The Clean Water Act (“CWA”) prohibits unpermitted discharges of a pollutant from a point source into navigable surface waters. …Read More

Local Ordinances Play a Major Role in Green Infrastructure

Local governments can do a lot to promote and improve green infrastructure by implementing best practices and fostering emerging technologies. Just look at what Atlanta, Georgia and Raleigh, North Carolina have done through their local ordinances this year. On November 20, 2017, Atlanta City Council unanimously adopted a new infrastructure regulation that requires all new residential and commercial buildings to install electrical infrastructure to support Electric Vehicle (EV) chargers. In …Read More

Update: Water and Sewer System Development Fee Bill becomes Law with Governor’s Signature

A few weeks ago, we noted how Ratified House Bill 436 might affect system development fees for public water and sewer systems in North Carolina.   On July 20, the Governor signed House Bill 436 into law.  For more information or an in depth analysis of how this legislation affects local government policies and/or development obligations of landowners, please contact Gray Styers, Tom Terrell, or Katye Jobe. Please follow and like …Read More

N.C. Water and Wastewater Infrastructure 2017 Master Plan

The N.C. State Water Infrastructure Authority was created in 2013 to assess and make recommendations concerning the State’s water and wastewater infrastructure needs and award funding. The Authority recently released the 2017 Master Plan for North Carolina’s water and wastewater infrastructure. The Master Plan is designed as a resource for owners and operators of water and wastewater utilities and systems that serve the public. It identifies best practices for utility …Read More

Water and Sewer System Development Fee Legislation Awaits Governor’s Signature

Local governments, real estate developers, and all who are interested in how infrastructure development fees are allocated and assessed in North Carolina should take a moment to review House Bill 436, which was ratified by the General Assembly on June 29, 2017. After much debate in the Legislature this session around the issue, the ratified version of HB 436 would not eliminate the authority of counties and cities to assess …Read More