This firm handles cases regarding failed or non-functioning detention ponds. Georgia law places responsibility for storm water discharges from detention ponds on the property owner that uses the pond. The Environmental Protection Division (the EPD) of the Georgia Department of Natural Resources (the DNR) is the agency that enforces the regulations. The regulations are a result of Georgia's implementation of the Federal Clean Water Act of 1972, as amended. 33 U.S.C. 1251, et seq.
The waters protected by these laws are inland waters, such as streams and rivers. These laws should not be confused with laws that make BP liable for its oil spill on beaches.
Laws regulating detention ponds are a result of a complicated regulatory system. Briefly, Georgia law defines a "Storm Water Point Source" as any conveyance or system of conveyances, including pipes, ditches, and channels or channeled sheet flow used for collecting storm water runoff. (Georgia Administrative Code R. 391-3-6-.16(c)).
To discharge stormwater from a pipe, the upper land owner, detention pond owner, or pipe owner must obtain a permit under the National Pollutant Discharge Elimination System (NPDES). "All dischargers into a storm water point source must either be covered by an individual permit, an area wide permit or a general permit issued to the owner or operator of that portion of the system that directly discharges into waters of the State." (Georgia Administrative Code R. 391-3-6-.16(3)(a); 44 C.F.R. § 122.28 (EPA NPDES General Permit). )
The Georgia EPD issues NPDES Permits in Georgia. Violation of the permit and its standards constitutes a violation of state and federal law. See 40 CFR § 122.36.
Even if a person complies with all of the conditions of a permit, he can still be liable under state common laws, such as the laws of nuisance and trespass, which protect property rights. 44 C.F.R. 122.5(c). In other words, a developer cannot say it followed all county regulations as a way to escape liability to land owners suffering injury from runoff.
Violations of the NPDES Permit can occur if a pipe owner, such as a county, city or developer, fails to ensure that detention ponds or lakes are functioning, or fails to ensure that pipes and ditches are not maintained. Maintenance is required periodically. It is a "Best Management Practice" (BMP) required by the codes that implement the NPDES Permit.
Cities, counties and other companies or associations responsible for storm water piping systems are required to have a permit and to follow it (Georgia Administrative Code R. 391-3-6-.16.) They cannot escape requirements by blaming homeowners, developers, or neighborhood associations who may also bear responsibility. (44 C.F.R. § 122.35.) Teague & Chambless, LLLP is a law firm that helps injured property owners enforce their rights not to be flooded or injured by failed detention ponds.
