As our regulations grow stricter, integrating more sustainable systems like rainwater diversion isn’t just best practice, it’s an essential legal step.
With the growing pressure of climate change, sustainable infrastructure to manage stormwater and runoff is a must. As populations grow, new properties are built, and environmental laws grow stricter, there’s a need for sustainable urban infrastructure. Everyone has a role to play in solving the rainwater problem, whether you’re a property developer, owner, or municipality looking to establish a system.
Urban Water Management: The Legal Landscape
Laws vary by state, and while the United States has the Clean Water Act, every state has its equivalent. Likewise, Australia has strict urban water management regulations, including policies for stormwater management to guide state planning guidelines and restrictions.
Nonpoint source pollution is a major challenge to manage, and that’s because rain can sweep in and runoff spreads that pollution from construction, agricultural, landscaping, and urban sites. Impervious surfaces such as roads contribute to the problem by providing rain a channel to run into waterways. This has highlighted the need for sustainable ways to divert rainwater; failure to comply with regulations could result in lawsuits, but will almost certainly result in heavy fines and may lead to permit loss. Compliance is non-negotiable.
Urban Runoff: A Legal and Environmental Challenge
The challenge for urban areas is limited green space, and with so many paved surfaces in urban areas, they are more prone to runoff issues. As we see increases in heavy rains and storms, the risk of flooding deepens, and water pollution is a serious factor to consider. If you don’t put a rainwater diversion system in place, it could result in legal liabilities for companies or cities that don’t take the necessary steps.
An English company was fined 186 million dollars for pumping untreated sewage into waterways, while an Australian business and sole director was charged and fined in Adelaide Hills for environmental harm to a creek. The risk of environmental breaches is steep, and in addition to the monetary fine, it can have serious reputational damage.
Legal Duties and Compliance for Property Owners and Developers
As additional regulations are put in place and legal responsibilities shift, private developers and homeowners now have a greater onus on water management. A homeowner might install a rainwater tank and invest in high-quality gutters and downpipes to avoid flooding. In the same way, developers take steps to ensure they meet their legal requirements around stormwater mitigation to comply with water management regulations.
This type of information is now required in building applications, and some developers are using eco-friendly building ideas to bolster their green credentials. From permeable paving to retention tanks and green roofs, there are several ways to manage rainwater. If you don’t follow through, you could lose your permit and face fines.
Compliance Solutions: Eco-Friendly Infrastructure
Green infrastructure isn’t just a practical solution to the effects of climate change; it’s also a clever legal solution. Whether you install a rainwater tank, a rain garden, shallow land depressions, or rainwater diversion systems, products like this allow homeowners to meet regulations around conservation and water runoff by redirecting stormwater into tanks instead of drains.
Rainwater diversion systems play a crucial role in passing inspections, receiving tax credits, qualifying for an eco-building certification, and protecting against legal consequences in a situation where runoff has led to property damage. If you take every reasonable step to prevent a runoff occurrence, you can avoid liability.
Litigation Risks
As consumers grow more aware of sustainable building and eco-friendly solutions, the law is evolving to tighten regulations and adopt a stricter approach to enforcement. Previously, people avoided attention unless a disaster occurred; now, with surprise inspections, drones, and remote sensors, the government is taking a stronger stance on enforcement. Additionally, citizens are taking action when the local government fails to act. Many insurance policies are void if damage is related to non-compliance, so there are several monetary risks in addition to the litigation risks.
As important as the environment is, addressing urban water runoff is a legal necessity to ensure compliance. Whether you’re a property owner or a developer, the best approach to water runoff is a proactive one. If you’re designing a new build or planning renovations, always consult an environmental engineer or a legal expert to ensure your design complies.
As our regulations grow stricter, integrating more sustainable systems like rainwater diversion isn’t just best practice, it’s an essential legal step.
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