Who knew?--Water is not a pollutant
Virginia officials scored a key victory Thursday in their battle with the Environmental Protection Agency over what EPA critics describe as a land takeover.States already regulate runoff anyway. It is part of flood plain management in Texas. The engineering is pretty straight forward. To my knowledge Texas has been regulating the runoff for at least 40 years. Subdivision developers responded with creative plans that include green belts and small lakes and ponds to keep the water from accumulating downstream and causing flooding. I am sure Virginia can manage the problem without the oversight of the EPA control freaks.
U.S. District Judge Liam O'Grady in Alexandria ruled late Thursday that the EPA exceeded its authority by attempting to regulate stormwater runoff into a Fairfax County creek as a pollutant. O'Grady sided with the Virginia Department of Transportation and the Fairfax County Board of Supervisors, which challenged EPA's stormwater restrictions
"Stormwater runoff is not a pollutant, so EPA is not authorized to regulate it," O'Grady said.
Attorney General Ken Cuccinelli says the ruling could ultimately save Virginia taxpayers more than $300 million.
An EPA spokesman could not be reached for comment after business hours.
The EPA, citing an abundance of stormwater runoff, had proposed a plan that Virginia officials said could cost homeowners and businesses their private property.
The EPA contended that water itself can be regulated as a pollutant if there's too much of it. The agency says heavy runoff is having a negative impact on Accotink Creek and that it has the regulatory authority to remedy the situation.