Law Seminars International Presents

An Important Two-Day Annual Conference on

Clean Water and Stormwater

New legislation and recent developments

March 20 & 21, 2006
Renaissance Seattle Hotel in Seattle, WA
Register      Download PDF Brochure

Who Should Attend

Lawyers, real estate professionals, government and tribal officials, planners, consultants and engineers

Why Attend

Congress enacted the Clean Water Act more than 30 years ago, yet the Act remains a work in progress. Water quality standards adopted by the Washington Department of Ecology in 2003 remain under review by the Environmental Protection Agency and agencies enforcing the Endangered Species Act. The Puyallup Tribe also has proposed revised tribal water quality standards. Regional discussions on the role of temperature in water quality standards and the development of use attainability analyses for TMDLs continues. In 2005, Ecology general permits covering stormwater discharges for industrial, construction, boatyard, and sand and gravel activities became effective. Ecology also is poised to issue additional general stormwater permits for municipalities. The intersection of water quality and water quantity continues to be a significant concern in land use, natural resource management and environmental law. These and other evolving Clean Water Act developments affect businesses, governments, and the public as well as the environment. We have assembled representatives of state, federal and local governments, consultants, and practitioners to provide practical suggestions and insights on a wide range of timely and important Clean Water Act issues. ~Program Co-Chairs: Michael P. O'Connell, Esq. and James A. Tupper, Jr., Esq.

What You Will Learn

* Tribal Water Quality Standards * Rule Revisions to the Underground Injection Control Program * Industrial Facilities, Sand & Gravel and Boatyards General Permits Updates * The Direction of Phase I & II Municipal Stormwater Permits * New Construction Stormwater General Permit (CSGP) * The Health of Puget Sound * Temperature Standards & State Water Quality Standards * TMDLs and Use Attainability Standards * Case Developments at the National Level * Update on the 2006 Legislature * Ethics & Water Quality Permitting * Development of a Stormwater Prevention Plan Under the CSGP

Agenda

Monday, March 20, 2006
8:30 am Introduction & Overview
  Michael P. O'Connell, Esq., Program Co-Chair
 Stoel Rives LLP / Seattle, WA
  James A. Tupper, Jr., Esq., Program Co-Chair
 Mentor Law Group, PLLC / Seattle, WA
8:45 am Tribal Water Quality Standards
  The Puyallups and Lower Elwha Klallam tribes have proposed new water quality standards. What is the basis for these standards and how will they affect permitting in the state of Washington?
  Richard A. Du Bey, Esq.
 Short Cressman & Burgess PLLC / Seattle, WA
9:30 am Underground Injection Control Program Rule Revisions
  Update on the amendment of the UIC regulation and best management practices for stormwater management using injection wells
  Gregory N. Lahti, P.E., Hydraulics Engineer Eastern Region
 Washington State Department of Transportation / Spokane, WA
10:15 am Break
10:30 am Recent Developments for General Permits; Industrial Facilities, Sand & Gravel Operations and Boatyards
  Ecology is currently conducting a study on stormwater monitoring and has issued new general permits for boatyards and sand and gravel facilities
  Bill Moore, P.E., Supervisor, Stormwater Unit
 Washington State Department of Ecology / Olympia, WA
  Barry Kellems, P.E., Senior Engineer
 Blasland, Bouck & Lee, Inc. / Seattle, WA
  James A. Tupper, Jr., Esq., Program Co-Chair
 Mentor Law Group, PLLC / Seattle, WA
12:00 pm Lunch (on your own)
1:15 pm Phase I and Phase II Municipal Stormwater Permits
  Panel discussion on the direction of the municipal stormwater permits in Washington from the perspective of local governments that will be responsible for implementing the permits
  Kristine Holm, Esq., Founder
 Water Resources Northwest / Seattle, WA
  Lori A. Terry, Esq.
 Foster Pepper PLLC / Seattle, WA
  William Leif, P.E., Supervisor, Water and Habitat Sciences Section
 Snohomish County Public Works Surface Water Management / Everett, WA
2:45 pm Break
3:00 pm New Construction Stormwater General Permits (CSGP)
  Overview of the new Construction Stormwater General Permits and key elements that will affect the construction industry: permit thresholds, stormwater monitoring, reporting and recordkeeping, discharges to impaired waterbodies
  Neil R. Alongi, P.E., Environmental Engineer
 Maul Foster & Alongi / Vancouver, WA
3:45 pm Small Sites Under the New CSGP
  Construction sites between one and five acres will now have to obtain coverage under the CSGP. The permit has special conditions for small sites
  Jerry Ninteman, P.E., Environmental Engineering Department Manager
 Landau Associates, Inc. / Edmonds, WA
4:30 pm Developing a Stormwater Pollution Prevention Plan under the CSGP
  A practical application of Stormwater Management Manuals; how to set up pollution prevention plans; strategies and forms
  Kenneth Taylor, President
 KTA Associates, Inc. / Seattle, WA
5:00 pm End of Day

Tuesday, March 21, 2006
8:30 am The Health of Puget Sound
  Governor's 2006 funding proposal to the state's "2005 - 2007 Puget Sound Conservation & Recovery Plan" to accelerate cleanup, restoration and protection
  David D. Dicks, Esq.
 Cascadia Law Group PLLC / Seattle, WA
  Ron Shultz, Director of Programs
 Puget Sound Action Team, Office of the Governor / Olympia, WA
9:45 am Temperature Standards and State Water Quality Standards
  Status of Washington water quality standards and current discussions with EPA on temperature standards
  Mark Hicks, Senior Analyst
 Washington State Department of Ecology / Olympia, WA
10:15 am Break
10:30 am TMDLs and Use Attainability Analysis (UAA)
  A panel discussion on: Problem assessment, technical analysis and allocation, implementation strategy, monitoring; Local and national examples
  Lori A. Terry, Esq., Moderator
 Foster Pepper PLLC / Seattle, WA
  Michael F. Connelly, Esq., City Attorney
 City of Spokane Valley / Spokane Valley, WA
  David C. Peeler, Manager, Water Quality Program
 Washington State Department of Ecology / Olympia, WA
  John F. Spencer, Vice President & Director, Management Services
 CH2M Hill / Bellevue, WA
12:00 pm Lunch (on your own)
1:15 pm Case Law Developments at the National Level with Implications for Water Quality Regulation in Washington
  Three pending U.S. Supreme Court cases involving Corps' authority to regulate wetlands; a 401 certification case from Maine involving the definition of a discharge; when you can apply pesticides to water; 9th circuit case on delegation of authority
  Michael P. O'Connell, Esq., Program Co-Chair
 Stoel Rives LLP / Seattle, WA
2:15 pm Update on 2006 Legislature
  Water quality legislation under consideration in in 2006 Legislature
  Karen Terwilleger, Esq., Senior Counsel
 House Democratic Caucus / Olympia, WA
3:00 pm Break
3:15 pm Ethics and Water Quality Permitting
  Dealing with public agencies in the course of litigation; as an attorney representing a party; contact with agency staff; public disclosure requests; returning work product
  Peter R. Jarvis, Esq.
 Hinshaw & Culbertson LLP / Portland, OR
4:15 pm Evaluations & Adjourn

Tuition

Regular tuition for this program is $895 with a group rate of $795 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, March 14, 2006. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 12.5 WA CLE (inc. 1 ethics) credits and 15 WA Real Estate hours. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at the Renaissance Seattle Hotel at 515 Madison St. in Seattle, WA 98104. Call the hotel directly at (206) 583-0300 for reservations at the special negotiated rate of $149 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Michael P. O'Connell, Program Co-Chair, is a partner in the Seattle office of Stoel Rives LLP. He advises clients on stormwater permits, citizen suit notice letters, stormwater permit litigation, water rights, permitting for large projects on and outside Indian reservations, and business transactions with Indian tribes.

James A. Tupper, Jr., Program Co-Chair, is a principal at Mentor Law Group, PLLC where he practices environmental law with an emphasis on water quality, stormwater regulation, water resources and shoreline development. Previously he served on the Pollution Control Hearings Board.

Lori A.Terry, Moderator, is a partner with Foster Pepper PLLC. Her practice focuses on water quality/resources, environmental law, transportation and infrastracture permitting, complex facility siting, and environmental litigation.

Neil Alongi is an environmental engineer with Maul Foster & Alongi with extensive experience relating to stormwater NPDES permits including agency negotiations, expert witness assistance on third party CWA lawsuits, and design of stormwater management and treatment systems for a variety of industrial sites including mining, recycling, and wood products.

Michael F. Connelly is the City Attorney for the City of Spokane Valley. Previously, he served as City Attorney for the City of Spokane. He has extensive experience involving TMDL issues and agreements.

David D. Dicks, of the Cascadia Law Group PLLC, focuses his practice on the Endangered Species Act and Natural Resources. Previously, he was a partner at Thompson & Dicks Consulting Group, a firm specializing in public policy, business and natural resources consulting. Mr. Dicks was named a 2005 Rising Star by the readers of Washington Law & Politics magazine.

Richard A. Du Bey, Chair, Environmental and Natural Resources Section at Short Cressman & Burgess PLLC, practices environmental regulation, water and natural resource law, Indian law, administrative law and inter-governmental negotiations. He served for four years as Assistant Regional Counsel for the Seattle office of the U.S. Environmental Protection Agency (Region 10).

Mark Hicks is a Senior Analyst with the Washington State Department of Ecology where he acts as coordinator for the state's surface water quality standards.

Kristine Holm founded Water Resources Northwest after many years as an environmental consultant and planner and later as an attorney specializing in water related issues. She was long time Chair of the Association of the Washington Business Water Quality Committee, and represented the Northwest Paper & Pulp Association for nine years.

Peter R. Jarvis is the partner-in-charge at Hinshaw & Culbertson LLP. He has been a board member of the Association of Professional Responsibility Lawyers since 1999, and is its current President. He chairs the National Conference Planning Committee of the American Bar Association's Center for Professional Responsibility.

Barry Kellems is a Senior Engineer at Blasland, Bouck & Lee, Inc. His project experience encompasses all phases of stormwater management at industrial facilities, including NPDES permitting, feasibility studies, and design, construction and performance monitoring of stormwater treatment facilities.

Gregory N. Lahti is the Hydraulics Engineer for the Eastern Region of the Washington State Department of Transportation. He participated in the advisory committees for both the Stormwater Management Manual for Eastern Washington and the UIC Rule Revision. He also is directly involved in the design and construction of WSDOT projects in Eastern Washington.

William Leif is the Supervisor, Water and Habitat Sciences Section, of the Snohomish County Public Works Surface Water Management. While his initial focus was stormwater and the first Phase 1 NPDES permit, the work has led him into other water resource management areas such as salmon recovery, in-stream flow regulations, low impact development, water supply issues, and critical areas regulations.

Bill Moore is Supervisor of the Stormwater Unit at the Washington State Department of Ecology which is responsible for the development of the Department's Phase I and Phase II municipal stormwater permits, industrial and construction stormwater general permits, and Stormwater Technical Manuals for Eastern and Western Washington.

Jerry Ninteman, Environmental Engineering Department Manager of Landau Associates, Inc., has been an environmental consultant for 19 years managing numerous projects involving soil and ground water remediation and stormwater management.

David C. Peeler is the Water Quality Program Manager for the Washington State Department of Ecology. He manages over 200 staff statewide working on monitoring and control of water pollution from industrial and municipal discharges, forestry, agriculture, stormwater and other sources.

John F. Spencer, Vice President & Director, Management Services, at CH2M Hill is involved in the Spokane River DO TMDL and UAA. He is also the Principal-in-Charge/Project Manager at the Brightwater WWTP Siting and EIS. Previously, he was General Manager, Snohomish PUD and Director, Seattle Metro Wastewater Utility.

Kenneth Taylor, President and Environmental Engineer of KTA Associates, Inc., manages environmental programs in the private and public sector. He is a recognized expert with the development and implementation of Environmental Management Systems (including ISO 14001 systems) and has extensive knowledge regarding the evaluation of management decisions and associated risks.

Senior Counsel, House Democratic Caucus, Washington State House of Representatives