» Clean Water Current Archive

October 5, 2012

NACWA, Municipal Partners Represented at Oral Arguments in Chesapeake Bay TMDL Litigation

A federal court in Pennsylvania heard arguments Oct. 4 in a legal challenge to EPA’s total maximum daily load (TMDL) for the Chesapeake Bay, with NACWA and its municipal association partners from Maryland and Virginia participating in the proceedings and arguing in favor of a holistic watershed approach to improving water quality.  Nearly five hours of argument were held by the court in American Farm Bureau, et al. v. EPA, which is a challenge by agricultural interests to EPA’s inclusion of nonpoint sources as part of the final Bay TMDL.

NACWA, the Maryland Association of Municipal Wastewater Agencies (MAMWA), and the Virginia Association of Municipal Wastewater Agencies (VAMWA) jointly intervened in the litigation last year to represent the municipal clean water community – and were active participants during this week’s oral arguments.   During the hearing, it was clear the presiding judge was well-versed in the issues underlying the case.  She questioned attorneys on all sides regarding key legal points, but seemed especially skeptical of some arguments advanced by the agricultural plaintiffs.  She also expressed concern about the practical impacts on municipal point source dischargers if the nonpoint source allocations under the TMDL were invalidated, echoing a central theme of the NACWA briefs.

NACWA and its municipal partners have filed multiple briefs in the case, reiterating the Association’s support for inclusion of all sources of water quality impairment in the final TMDL allocations.  The briefs argue that the holistic, watershed approach embodied in the final TMDL, including allocation for nonpoint agricultural sources, provides the greatest potential for equitably, cost-effectively, and successfully restoring the tens of thousands of water bodies nationwide that are affected by excessive pollutant loads.  Additionally, NACWA and its partners highlighted the significant investments municipal clean water utilities have made and their achievements in improving water quality in the Chesapeake Bay, particularly with regard to nutrient impairments.  

Additional information on the case is available on NACWA’s Litigation Tracking page.  A decision from the court is possible within the next few months.  NACWA will keep the membership updated on developments.

New NGO Lawsuit Filed to Challenge Chesapeake Bay Trading Program

WEF/NACWA Utility Leaders Morning at WEFTEC a Big Success

The NACWA and Water Environment Federation (WEF) Utility Leaders Morning during WEFTEC 2012 in New Orleans drew large numbers and received high marks from NACWA and WEF members alike.  The first-time collaboration between NACWA and WEF at WEFTEC devoted an entire morning to utility leaders and the issues they face.  The Hot Topics Breakfast kicked off the morning with an opportunity to discuss key water policy issues with EPA staff.  Following the breakfast, the Utility Executives Forum featured presentations from utility leaders and discussion on the opportunities for transformational change for water utilities and the sector broadly.

Office of Water, Enforcement Staff Highlight Key Issues During Hot Topics Breakfast

More than 80 NACWA members and invited guests participated in the Hot Topics Breakfast and dialogue with EPA.  Nancy Stoner, Acting Assistant Administrator for Water, kicked off the EPA presentations by outlining the importance of four key issues that she believes will continue to put pressure on the water quality gains made to date – population growth; development; nutrients; and, climate change/adaptation strategies.  Stoner stressed the importance of innovation in making continued progress on improving water quality and highlighted the positive impact the water industry has on the U.S. and global economies.  Stoner’s remarks were followed by presentations from three Office of Water Directors – Betsy Southerland, Director, Office of Science & Technology; Denise Keehner, Director, Office of Wetlands, Oceans & Watersheds; and Randy Hill, Acting Director, Office of Wastewater Management – who provided updates on key initiatives in each of their offices.  Loren Denton, chief of the Municipal Enforcement Branch in the Office of Enforcement & Compliance Assurance’s Water Enforcement Division reiterated his office’s focus on addressing wet weather flows and stressed that there are ongoing efforts to ensure consistency among the EPA regions and reduce antagonism during enforcement negotiations with municipalities. 

Both Hill and Denton discussed in detail the Agency’s integrated planning framework and how they have turned their focus to implementation.  With the 40th anniversary of the Clean Water Act’s passage only weeks away, a passionate discussion took place that was focused on the flexibility afforded to clean water utilities through the integrated planning framework and whether broader, more substantive efforts – including potential changes to the Clean Water Act – would ultimately be needed.

Utility Executives Forum Focuses on the “Utility of the Future” and Transformational Leadership

George Hawkins, General Manager, DC Water; Tony Parrott, Executive Director, Metropolitan Sewer District of Greater Cincinnati; David St. Pierre, Executive Director, Metropolitan Water Reclamation District of Greater Chicago; and, Karen Pallansch, CEO, Alexandria Renew Enterprises – all NACWA Board Members – offered up detailed  accounts of how their utilities are positioning themselves for the future.  The themes from this session included: the importance of community outreach and branding; green infrastructure and approaches that can be seen and touched by their customers; the importance of flexibility and ensuring the maximum bang for the ratepayer dollar; and the need for an increasingly collaborative model between the utility, the regulators and the NGO community. 

NACWA appreciates the opportunity to work collaboratively with WEF and looks forward to building on this success next year at WEFTEC in Chicago.

NACWA, WEF, ACWA to Host Event for Clean Water Act’s 40th Anniversary

True Environmentalists –
Apply for NACWA’s National Environmental Achievement Awards

Unlock your Leadership Potential at the Water & Wastewater Leadership Center

Make Your Plans to Join Us for the 2012 Law Seminar

Join us November 14 -16 at the Westin Seattle for NACWA’s 2012 Developments in Clean Water Law seminar.  NACWA's Law Seminar is the only conference of its kind focused specifically on the legal and regulatory challenges facing the municipal clean water community, and this year's Seminar promises to deliver a timely and informative program covering the hottest issues in clean water law.  The topics covered at the Seminar will span the range of legal and regulatory issues impacting the clean water utilities, with some of the top clean water attorneys in the country providing valuable analysis and insights that will be relevant to any attorney or public agency manager working on municipal wastewater and stormwater issues.

Registration information and an updated Seminar agenda are available, along with details on Continuing Legal Education (CLE) credits available for Seminar participants.  The hotel registration deadline is October 23, so hurry and make your plans today!