Unfair Gaps🇺🇸 United States

Air, Water, and Waste Program Management Business Guide

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All 5 Documented Cases

Inequitable Stormwater Fee Structures Undercharging High-Runoff Properties

$Millions annually in unrecovered costs (e.g., Alexandria, VA pre-2017 system)

Prior to adopting impervious area-based fees, stormwater utilities assessed fees based on property tax rates or potable water usage, failing to capture the true runoff contribution from commercial/industrial properties with high impervious surfaces. This resulted in large vacant developments and property owners with significant runoff not paying proportional shares, shifting the cost burden to residential users. Systemic shifts to equitable models like ERU-based impervious fees indicate prior chronic underbilling across municipalities.

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NPDES Permit Non-Compliance Fines and Project Delays

$Millions annually across industry (fines and delays)

Facilities fail to adhere to NPDES permit conditions, including monitoring, reporting, and implementing erosion and sediment controls, leading to regulatory violations. This results in enforcement actions by EPA or state authorities. Non-compliance causes recurring fines, project delays, and potential legal proceedings for construction sites and industrial operations.

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Delays from NPDES Permit Application and Renewal Bottlenecks

$Thousands per day in idle equipment and lost production

NPDES permit applications and renewals face extended processing times, often exceeding 180-320 days due to incomplete submissions and public comment periods. This creates idle periods for operations awaiting approval, halting discharges and projects. Administrative continuations occur but do not resolve underlying delays in site-specific individual permits.

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Underfunded Post-Closure Cover Repairs and Maintenance

$1500 per acre per year in excess maintenance (traditional methods); potential doubling/tripling of disposal costs for full funding

Landfill post-closure cost estimates typically cover only minimal monitoring for 30 years, excluding recurring repairs to the final cover as it degrades and generates leachate. Owners are not required to assure funding for these repairs, leading to unexpected costs borne by public agencies or taxpayers during and after the 30-year period. Groundwater remediation from polluted aquifers is also routinely omitted from estimates despite being anticipated.

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