Notice of Potential ‘Taking’ of Private Property

On November 18, 2015, the Regional Water Quality Control Board voted to approve new permit regulations (MS4) pertaining to development in areas of Course Sediment. The new MS4 permit has a requirement of “zero discharge” in such designated areas. An attorney and part-owner of Concordia sent a letter to the Regional Water Quality Control Board that such regulations would amount to a “taking of private property” to the tune of $500,000,000+ would open the Regional Water Quality Control Board and other relevant agencies to legal exposure that might easily exceed the $500 million dollar figure (click here to see the letter). One Regional Water Quality Control Board member called the threatening tone of the letter “offensive.” In the end, the Regional Water Quality Control Board adopted the MS4 permit regulations. The zero discharge requirement of the regulations can potentially be achieved in a BMP (Best Management Practices) handbook.