From environmental permitting and planning, to infrastructure development, to compliance counseling and responding to government enforcement actions, Kilpatrick Townsend offers a full range of services for water and wastewater management clients. Our attorneys offer legal and technical experience to provide a comprehensive approach to meeting public and private water supply, wastewater, and stormwater management needs in an environmentally sound, cost-effective manner. We assist clients in the following areas:

NPDES Permitting and Compliance

Our attorneys have a long history of assisting both public and private sector clients in obtaining wastewater discharge permits and resolving compliance issues on both the state and federal level and including resolution of “citizen suit” complaints and administrative challenges to permit issuance. We have done extensive work in assisting major municipalities in addressing both combined and separate sanitary sewer overflow problems.

Non-discharge, Reclaimed Water and Biosolids

The Clean Water Act requires regulated parties to explore all possible alternatives to discharge. In addition, pressure on water supplies is creating an imperative for beneficial use of treated wastewater. Our firm has been a leader in the growing field of non-discharge and reclaimed water permitting. We have dealt with similar technical and regulatory issues associated with the management of biosolid residuals from the wastewater treatment process.

Stormwater Management

We have worked with clients on designing and permitting innovative stormwater management systems, which are an increasingly important part of sustainable real estate development. We have also been heavily involved with the development of stormwater management regulations, programs, and ordinances. We also have extensive experience in the resolution of compliance issues with regard to stormwater runoff and erosion and sedimentation control at construction and development sites.

On-site Wastewater

We have been extensively involved in state policy development and regulatory approvals associated with the alternative on-site wastewater treatment systems.

Water and Wastewater Infrastructure

Our internationally recognized construction law attorneys have been involved in all aspects of the construction of major water and wastewater infrastructure, on behalf of both owners and contractors. We provide clients counsel early in the contract formation and administration stages with the goal of minimizing and efficiently resolving disputes, but we have also been extensively involved in all forms of dispute resolution, including litigation, where necessary.

Wetland and Stream Permitting and Mitigation

We regularly assist clients in obtaining Section 404 permits from the U.S. Army Corps of Engineers for impacts to wetlands and stream, as well as associated state water quality certifications. In connection with this we have assisted many clients in securing mitigation. We have also represented mitigation companies.

Water Quality Policy

On behalf of a wide range of clients, we have been involved in the development of complex administrative rules and legislation relating to water policy, in such areas as water quality standards, nutrient management strategies, and wetland and stream mitigation requirements.