»
NACWA continued its aggressive legal advocacy
in support of municipal stormwater fee programs,
filing briefs on behalf of Member Agency
stormwater utilities in both St. Louis and northeast
Ohio to defend municipal stormwater charge
programs. The Association also advanced its
robust efforts to ensure federal facility payment
of stormwater charges, submitting a brief and
participating in oral argument in federal litigation
on behalf of a utility member from Georgia.
»
NACWA contributed to a significant federal court
decision striking down the U.S. Environmental
Protection Agency’s (EPA) improper use of “flow-
based” total maximum daily loads (TMDLs) to
regulate municipal stormwater runoff in
Virginia
Department of Transportation, et al. v. EPA
, saving over
$300 million for the impacted utilities and setting
strong national precedent that will help other
stormwater agencies.
»
NACWA coordinated utility participation in
stormwater roundtable meetings with EPA
leadership in various national locations to
encourage dialogue on stormwater issues and the
upcoming federal rule.
W
et
W
eather
&
F
acility
O
perations
»
NACWA continued its ongoing dialogue with
EPA to explore a path forward on sanitary sewer
overflows (SSOs) and peak flow blending. The
Association pressed the Agency to release the notes
from its 2011 workshop on SSOs and discussed,
with EPA staff, several concepts raised during that
workshop, including consideration of a streamlined
no feasible alternatives analysis under its existing
bypass regulations.
»
NACWA developed and released a legislative
proposal,
The Wet Weather Community Sustainability
Act
, to help municipalities better manage peak wet
weather events in a cost-effective manner that is
protective of the environment and public health,
and consistent with Clean Water Act requirements.
»
NACWA sought to codify and apply nationally, via
both regulatory and legislative action, a federal
appellate ruling that struck down EPA’s improper
efforts to limit the use of peak flow blending
through application of the Clean Water Act’s
secondary treatment regulations.
»
NACWA won a key legal victory when a federal
appellate court remanded portions of EPA’s final
Sewage Sludge Incinerator (SSI) rule, agreeing
with NACWA that EPA failed to provide a proper
technical basis for the rule’s emissions limits and
therefore must make changes to the regulation.
The Association’s role as lead plaintiff in the case,
NACWA v. EPA,
sought to preserve incineration as
a viable form of biosolids management and also
protect the ability of clean water utilities to pursue
innovative energy recovery projects with SSI units.
6
»
NACWA participated in successful litigation before
the U.S. Supreme Court in
Los Angeles County Flood
Control District v. EPA
, with the court issuing a
strong legal decision – echoing arguments made in
briefing by NACWA and other municipal interests
– that limits the potential liability for stormwater
dischargers under the Clean Water Act.
»
NACWA engaged EPA’s Office of Water as it
progressed in development of a national post-
construction stormwater rule. The Association
convened meetings with the Agency and other
municipal stakeholder groups to discuss rule
elements and successfully advocated for the likely
exclusion of a retrofit requirement and inclusion of
phased implementation.
»
NACWA worked with the offices of Senator
Tom Udall (D-NM) and Representative Donna
Edwards (D-MD) to gain bipartisan support for
the impending reintroduction of their legislation,
The Innovative Stormwater Solutions Act
, which would
establish a grant program for communities
interested in implementing innovative stormwater
control infrastructure, and would establish three
to five centers of excellence around the country to
conduct research and establish best management
standards for innovative stormwater control
infrastructure.
»
NACWA formed a Wet Weather Enforcement
Workgroup to provide a confidential forum for
utilities to share information and approaches
related to wet weather enforcement discussions and
consent decree negotiations.
NACWA’s
ADVOCACY
AGENDA
