Beveridge & Diamond
 

Safe Drinking Water Act

Overview

Beveridge & Diamond, P.C. represents a wide cross-section of entities regulated under  the Safe Drinking Water Act (SDWA), including drinking water utilities, industry associations, industrial and commercial entities that qualify as non-community public water suppliers, and companies engaged in underground injection.

In the area of drinking water standards (MCLs) and the regulation of drinking water quality, the Firm has played a significant role with respect to statutory and regulatory developments under the SDWA.  Because drinking water MCLs play a central role in RCRA corrective action and CERCLA remedial requirements, our experience in the drinking water area has also benefited clients served by our hazardous waste practice.

Full Description

Beveridge & Diamond represents a wide cross-section of entities regulated under  the Safe Drinking Water Act, including drinking water utilities, industry associations, industrial and commercial entities that qualify as non-community public water suppliers, and companies engaged in underground injection.

With respect to drinking water utilities and large non-community public water suppliers, our representation embraces compliance, enforcement defense in administrative and judicial contexts, and the negotiation of administrative consent orders, consent decrees and “no action” assurances from regulatory authorities.

Related to this, we draw upon experience in matters related to human health risk and exposure to advocate reasonable and protective measures for inclusion in National Primary Drinking Water Regulations and in the adoption of Maximum Contaminate Levels (MCLs) associated with drinking water standards.  This includes stakeholder participation in proposed rulemakings, preparation of technical and scientific comments on feasibility and risk, and litigation challenging unreasonable, infeasible or ill-conceived NPDWRs and MCLs.

Because MCLs for drinking water contaminants play a significant role in the corrective action requirements of the Resource Conservation and Recovery Act (RCRA) and remedial requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), our experience in the drinking water area has also assisted us in our representation of clients served by our CERCLA and hazardous waste practice.

In addition, we recently relied upon our experience under the SDWA in defending a putative nationwide class action alleging contamination of water supplies by one or more signature products manufactured by our client. Using our knowledge of the statutory scheme, we determined that the named plaintiffs had suffered no injury under law and, thus, were without standing. Both the federal District Court and the U.S. Court of Appeals agreed, dismissing a major class action lawsuit in its entirety.

Representative Matters
Representative Matters

With respect to the National Primary Drinking Water Regulations (NPDWRs) we have:

  • Negotiated consent decrees and compliance schedules for large community and non-community public water suppliers on matters involving lead action levels, chronic and acute contaminants, consumer notification requirements, and compliance with the NPDWRs of 40 CFR Part 141.
  • Represented industry groups and water suppliers in a successful challenge in the D.C. Circuit to EPA's proposed disinfection by-products rule on the basis of the Agency's failure to apply the best available science requirements of the SDWA;
  • Represented corporations, industry associations and municipal water systems in preparing technical comments on health-based standards related to the Surface Water Treatment Rule, the Disinfection Byproducts Rule and other major NPDWR rulemakings; and
  • Represented clients with respect to new statutory and regulatory developments involving maximum contaminant levels (MCLs), and in particular those relating to the control of such drinking water contaminants as lead and other inorganics, organics and volatile organics.

With regard to the Underground Injection Control (UIC) Program requirements of the Safe Drinking Water Act, our work under the UIC Program has included:

  • Successful negotiation with the EPA on behalf of an oil and gas concern to prevent a threatened enforcement action;
  • Representing a major transportation industry association and others in rulemaking challenges to relevant federal, state and local underground injection requirements.
  • Bringing suits challenging other final agency action related to the issuance of permits related to the disposal of hazardous waste by underground injection.