MEMORANDUM DECISION
PARKER, District Judge.
INTRODUCTION
In 1987 Congress amended the Clean Water Act to address the threat to nearby surface waters of pollution from stormwater runoff. Under regulations implementing the Act, discharge from commercial or industrial activities which disturb more than five acres of land require a stormwater permit. 33 U.S.C. § 1342(p). In this case plaintiff, the City of New York, tests compliance with...
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