Permitting & Compliance
Overview
Catunao Law PLLC represents clients throughout the environmental permitting and compliance process, from early regulatory planning and permit applications to agency engagement, permit modifications, transfers, and ongoing compliance obligations. The Firm’s permitting practice focuses on water quality, stormwater, and air quality permits administered by federal, state, and regional agencies across Washington State. Whether developing a new project, expanding an existing operation, or addressing changes in ownership or operational requirements, clients rely on Catunao Law for practical, strategic guidance through complex regulatory processes. The Firm works closely with clients to anticipate challenges, navigate agency requirements, and help keep projects moving forward.
Experience
Water Quality Permits
Catunao Law advises clients on CWA permit requirements applicable to their projects and operations, and counsels clients through permit applications, agency engagement, and permit compliance.
NPDES Permits
Catunao Law also advises clients on wetlands matters and on permits required for certain activities in waters of the United States, including jurisdictional questions and issues concerning nationwide and individual dredge and fill permits under CWA section 404.
- Construction Stormwater General Permit (CSGP). Advising clients on permit applicability, Stormwater Pollution Prevention Plan (SWPPP) requirements, best management practices (BMPs), and compliance with effluent limits and discharge monitoring requirements.
- Industrial Stormwater General Permit (ISGP). Counseling clients across regulated industrial sectors, including manufacturing, recycling, and transportation-related industries, on permit approvals, monitoring, and corrective actions.
- Sand and Gravel General Permits. Counseling clients with facilities associated with sand and gravel operations, rock quarries, mining activities, and concrete and asphalt production on BMPs, permit approvals, monitoring, and corrective actions.
- Other Sector-Specific NPDES Permits. Including permits applicable to wineries, algae management, vessel deconstruction, and other permits related to water treatment.
Prior Experience Includes:
- Counseled clients on permitting requirements for facilities associated with construction, manufacturing, and mining and critical minerals, including permit applicability, and compliance under the CSGP, ISGP, and sector-specific permits applicable to winery, algae management, vessel deconstruction, and water treatment operations.
- Advised on CWA permitting requirements and compliance strategy for energy, industrial development projects in Washington State, and major public infrastructure projects, including grid modernization initiatives.
- Represented clients before the Pollution Control Hearings Board on disputes involving water quality permit approvals and appeals of notices of penalty.
- Advised a state environmental agency on CWA permitting and enforcement matters, including during rulemaking and civil penalty proceedings.
Air Quality Permits
Catunao Law advises clients on the range of air quality permitting requirements applicable to new construction, modifications, and existing operations in Washington State, including:
- Notice of Construction (NOC) and state operating permits. Catunao Law advises on NOC applicability, application preparation, best available control technology (BACT) analysis, permitting strategy, and notices of intent and exemptions when applicable.
- Title V and Prevention of Significant Deterioration (PSD) permits. For projects that cannot avoid major source status, Catunao Law advises on the PSD and Title V permitting process, including preconstruction review, potential-to-emit analysis, BACT determinations, and negotiating permit conditions.
- Community Response. Responding to community concerns and, if necessary, defending third-party actions, such as nuisance claims or appeals of air permits.
Prior Experience Includes:
- Counseled clients on air permit requirements across project types, including energy infrastructure, renewable energy projects, manufacturing modifications, and mining operations.
- Advised on air quality permitting requirements and strategy for large-scale renewable energy project development in Washington State, including applicability analysis under state and federal air quality frameworks.
- Advised recycling and manufacturer clients on threshold determinations, NOC applicability, Best Available Control Technology (BACT), and permitting strategy.
- Advised an agency on CAA permitting and enforcement matters, including permitting decisions and civil penalty-related proceedings.
Permit Transfers and Modifications
When a facility’s ownership or operations change, permits must be carefully analyzed, and agencies must be engaged. We counsel clients on their interactions with regulatory agencies when seeking multiple permit transfers or when seeking permit modifications for new, modified, or expanded facilities. The Firm also negotiates permit conditions.
(For the environmental due diligence and transactional documentation aspects of permit transfers, see our Environmental Aspects of Corporate & Real Estate Transactions page.)
Prior Experience Includes:
- Counseled clients on NPDES, air quality, and solid waste permits in connection with facility and operational changes, and advised clients on transfer requirements, agency obligations, and certain reapplication strategies.
- Advised clients on multiple environmental permit transfer obligations arising from a proposed transfer of federal lands.
- Negotiated consent decree modifications with federal and state agencies to restructure or pause water quality permit obligations.
Compliance
Catunao Law advises clients on environmental compliance programs, including audits, compliance assessments, interpretation of permit conditions, and management of agency interactions arising from compliance issues. The Firm’s compliance services include responding to Notices of Violation (NOVs), developing compliance programs, conducting environmental compliance audits and assessments, and advising on the scope and requirements of permit conditions, including monitoring, recordkeeping, and reporting obligations.
Prior Experience Includes:
- Established and improved internal compliance systems, including developing stormwater compliance training programs and compliance audits.
- Evaluated existing internal recordkeeping programs as a part of the “reasonable inquiry” required for Title V compliance certifications.
- Counseled clients on permit compliance strategies for infrastructure and energy-related projects, including compliance with revised air and water quality permit conditions.
Have an Environmental Law Question?
Whether you are beginning the permitting process, managing ongoing compliance, or navigating a permit question, Catunao Law is ready to help.