05/14/2026
In its most recent annual stormwater report to EPA (December 2025), DOEE stated it was “unable to certify adequate funding to ensure compliance with the [MS4] Permit moving forward.” Failure to provide adequate funding violates the Permit’s express mandate that the District “shall provide sufficient finances, staff, equipment, and support capabilities to implement the provisions of this permit, including, but not limited to, the SWMP [District’s Stormwater Management Plan].” Further, ‘[l]ack of funding does not constitute a justification for non-compliance” with the permit’s terms. Under the Clean Water Act, violations of the MS4 permit place the District at risk of federal court injunctions and civil penalties of up to $25,000 per day per violation.
