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Water Quality

The water lawyers at Jennings, Haug & Cunningham have extensive and varied experience in water quality matters. Our experience in water quality issues includes:

  • Representing a private water co-op in southern Arizona in bringing claims against a nearby mining company for contamination of the Company's drinking water wells, and assisting in the construction of replacement wells and transportation pipelines.
  • Representing a private Arizona water provider in bringing claims against several mining companies for contamination of wells and regional surface water supplies, and securing replacement water supplies.
  • Representing a large Phoenix-area city in bringing claims against a major manufacturer for contamination of a city drinking water well, and recovering the costs of replacement supplies.
  • Defending a major Phoenix-area manufacturer against claims that the manufacturer had contaminated irrigation wells.
  • Assisting a small business in applying for and securing State Water Infrastructure Finance Authority (WIFA) technical assistance (TA) funds for use in forming a wastewater improvement district.
  • Participating in ADEQ's Triennial Review of Surface Water Quality Standards.
  • Participating in stakeholder meetings and policy discussions, and submitting comments on key water quality rules and legislation.
  • § Representing a large Arizona city in negotiations with EPA for issuance of the first Large Municipal Separate Storm Sewer System (Large MS4) permits in Arizona.
  • Negotiating settlements of liability between private parties, regulatory agencies, and other governmental entities.
  • Making community open house presentations on possible water quality impacts of a proposed industrial project and explaining the impacts in layman's terms.
  • Assisting clients in obtaining practical and technically sound Aquifer Protection Permits, Stormwater Permits, NPDES Permits, AZPDES Permits, Reuse Permits, and other water quality-related agency approvals and registrations.
  • Responding to state, local, and federal administrative agencies regarding water quality and permit violations.
  • Representing a major valley city in pretreatment Show Cause Hearings and administrative wastewater-related enforcement matters.
  • Drafting and revising wastewater and pretreatment ordinances for an Arizona city.
  • Securing a determination of applicability that clarified that no permit was necessary for a stormwater discharge to a water of the United States.
  • Assisting manufacturing facilities in filing "No Exposure" certifications in lieu of obtaining individual stormwater permits.
  • Obtaining an exemption from Aquifer Protection Permit requirements for an alum sludge drying pond.
  • Representing a major land owner in opposing and commenting on an Underground Injection Control (UIC) exemption and permit application before USEPA and an APP significant amendment application before ADEQ.
  • Providing environmental advice as part of a land owner's legal team to oppose a neighbor's change in land use request before an Arizona town council and planning and zoning commission.
  • Assisting a professional sports training facility in obtaining a reuse permit.
  • On behalf of a large manufacturing client, preparing responses to city-issued wastewater Notices of Violations, providing representation in Show Cause Hearings, and negotiating settlements.

Jennings, Haug & Cunningham, LLP
2800 N. Central Avenue, Ste 1800
Phoenix, AZ 85004
Phone: 602-234-7800
Fax: 602-277-5595