The U.S. EPA’s system that tracks stormwater sampling and reporting has added a feature to automatically monitor due dates.  Some state-level environmental protection agencies are using these notices to flag past due sites. EPA’s Net-DMR system can send notices at seven, 14, and 21 days to overdue facilities that have permits to discharge stormwater into public waterways.  Stormwater samples that have not been taken on time and/or reports not submitted by their due dates can become a permanent “late flag” on the EPA database. What is Net-DMR? EPA’s Net-DMR system is an online application that allows facilities with National Pollutant Discharge Elimination System (NPDES) permits to electronically submit their Stormwater Discharge Monitoring Reports (DMRs) and other required reports.  NPDES permits are issued under the authority of the Clean Water Act. What are the enforcement implications? While state and federal officials currently do not seem to be treating the past due flags as an official Notice of Violation (NOV), our compliance experts are warning that an accumulation of missing and/or late submissions will not go unnoticed and could eventually result in further enforcement implications. What about other consequences? Delinquent regulatory reporting as a permanent record on State or Federal EPA sites could negatively affect an organization.  Any future dealings with regulatory agencies, such as new permit applications, could include a review of the business’ compliance history.  In addition, this information is available to the public.  Individuals, news media, or environmental advocacy groups can scrutinize the data and elevate it to a public relations issue.  Also, business relations may be impacted.  Most significant mergers and acquisitions negotiations include an environmental compliance audit. Who are NPDES permitted facilities? There are two types of NPDES permits: individual permits and general permits.  General permits cover stormwater discharges from industrial sites, construction activities, and city stormwater systems. Individual permits cover stormwater or wastewater discharges, or a combination of both, from individual facilities, mostly larger industrial operations.  The terms and conditions for this kind of permit are site-specific, typically because the site and its discharges are too complex to be covered under a general permit. What should the facilities do? Cornerstone is encouraging clients to prepare for increased regulatory scrutiny by partnering with us to diligently manage their sampling and reporting deadlines.  Our Water Quality Services Team also is providing guidance on reestablishing compliance if the facilities are behind on their samples and reports. How can Cornerstone help? Our environmental compliance experts have experience with NPDES permitted facilities nationwide.  Contact us today for assistance with your water compliance needs.