» Clean Water Current Archive

March 14, 2014

HRSD to Testify at House Hearing on Water Quality Trading

Jim Pletl, Director of Water Quality at the Hampton Roads Sanitation District (HRSD) and Vice Chair of NACWA’s Water Quality Committee will testify on behalf of the Association at a March 25 hearing on water quality trading convened by the House Transportation & Infrastructure Committee’s Subcommittee on Water Resources and the Environment. The hearing will focus on successful water quality trading programs with particular emphasis on reducing nutrients in waterways. For the last three years, HRSD has been trading nitrogen and phosphorus credits among its own facilities and other industries in southern Virginia as a way to meet its load limits at less cost. Other witnesses will include representatives from the Farm Bureau and the Ohio River Valley Water Sanitation Commission (ORSANCO), which has been working with the Electrical Power Research Institute (EPRI) to develop the Ohio River Basin trading program.

On a related note, NACWA recently became a founding member of the U.S. Water Quality Trading Alliance, a national consortium of leaders from the business, governmental, non-profit and regulated community to focus on enhancing and expanding market-based opportunities for improving water quality. The Alliance will work to support comprehensive and coherent government rules and policies on water quality trading, as well as the development of new and existing state and regional trading markets. All NACWA members will have access to the Alliance’s activities and resources. For more information about the U.S. Water Quality Trading Alliance and NACWA’s work on water quality trading issues, please contact Hannah Mellman, Manager of Legislative Affairs, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Media Focuses on NACWA Members Experiencing Problems with Wipes

In an online story and on television, local ABC news covered a 15,810-gallon sewage spill caused by non-dispersible products at NACWA Member Agency, the Washington Suburban Sanitary Commission’s (WSSC). Wipes are cited as the primary cause of the spill, although WSSC has already spent $1.4 million installing grinders in 17 of its 49 pump stations. In the report, Lyn Riggins of WSSC delivered the message that “Your toilet is not a trash can . . . the three P’s are the only things you should flush: pee, poop, and paper, and that’s toilet paper.” NACWA was also quoted in the online story.

NACWA members in the Portland, Oregon area also had wipes problems covered by an article in The Oregonian this week. Media attention on this problem is likely to continue given the class action lawsuit that was brought against the Kimberly-Clark Corporation and the Costco Wholesale Corporation on February 21 in the U.S. District Court for the Eastern District of New York, on behalf of consumers that have experienced problems in their home plumbing due to wipes that are labeled flushable. The lawsuit asks for $5 million due to the “deceptive, improper or unlawful conduct in the marketing, manufacturing, distribution, and sale of flushable wipes,” in violation of the New Jersey Consumer Fraud Act and the New York Deceptive Practices Act General Business Law. The extensive press coverage that has occurred in the last year was referenced in the lawsuit allegations, including quotes and information from NACWA and its utility members.

NACWA will keep members informed about the progress of this lawsuit, as well as the important work of the technical workgroup that will address flushability issues related to wipes and other products, comprised of representatives from NACWA, the Water Environment Federation (WEF), the American Public Works Association (APWA), and INDA (the trade association of the nonwoven fabrics industry). The technical workgroup, which is partially funded through NACWA’s Targeted Action Fund (TAF), is set to begin meeting within the next few weeks.

USDA Prioritizes Implementation of RCPP, Wastewater Utilities Urged to Apply

NACWA attended a series of meetings this week with the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS) Chief Jason Weller to discuss the Agency’s implementation plans for Farm Bill conservation program, including plans for the Regional Conservation Partnership Program (RCPP). Chief Weller reiterated his agency’s commitment to implement the RCPP quickly and work aggressively with non-traditional stakeholders such as water and wastewater utilities to help ensure the program’s success. Chief Weller indicated that the Agency intends an aggressive implementation timeline in order to obligate FY 2014 program monies by the end of this fiscal year, September 30. To meet this deadline, he noted the Agency intends to designate Critical Conservation Areas (CCA) by April, and has targeted May to release an RFP and begin accepting RCPP Partnership applications. Projects located outside CCA will still be eligible for RCPP funding, however projects within CCA will receive targeted funding. Weller indicated that the Secretary is particularly interested in designating CAA regions where a significant potential exists to leverage resources from partner agencies such as wastewater utilities.

Chief Weller encouraged applications from water and wastewater utilities and expressed his enthusiasm for working with this sector to advance partnership agreements. Weller also offered that utilities thinking about an RCPP proposal should reach out to USDA’s State Conservationists to discuss potential projects and solicit their help in potentially pulling RCPP project proposals together. He indicated that State Conservationists can be valuable resources to help utilities navigate the RCPP application process. A NRCS representative is expected to attend April’s National Water Policy Forum & Fly-In to discuss the RCPP with interested NACWA members. A two page overview explaining how the RCPP is envisioned to work has been shared and NACWA staff is available to answer questions and facilitate further dialogue with NRCS as needed. For more information, please contact Patricia Sinicropi, Director of Legislative Affairs, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Green Infrastructure Statement of Intent Moves Forward

NACWA, the Natural Resources Defense Council (NRDC), and EPA have developed a draft national green infrastructure (GI) partnership document as a continuation of the 2007 GI Statement of Intent. The draft document re-emphasizes the national organizations’ support for GI implementation, recognizes progress made since 2007, and sets goals for the future. The complete group of GI partner organizations: NACWA, EPA, NRDC, American Rivers, the Low Impact Development Center, the Association of Clean Water Administrators (ACWA), the U.S. Water Alliance, and the Water Environment Federation (WEF), are now making final edits to the draft and circulating it within their internal reviewers. Additional groups may sign on. The intent is to finalize the statement by the spring of 2014, ideally in time to spotlight this new initiative during Water Week 2014 in April.

Sen. Whitehouse, Rep. Latta Confirmed for Water Week 2014

We are pleased to announce that Senator Sheldon Whitehouse (D-RI) and Representative Bob Latta (R-OH) have confirmed plans to speak at the National Water Policy Forum & Fly-In on the morning of April 8 during Water Week 2014. Senator Whitehouse has been an active member of the Senate Environment & Public Works Committee where he has proposed legislation to help clean water utilities more affordably manage their operations and adapt to the impacts of climate change. Rep. Latta has spearheaded legislation to help clean water agencies undertake clean water projects in a way that minimizes financial impacts on ratepayers and municipal budgets. Both Senator Whitehouse and Rep. Latta have been long-time champions for the clean water community and are 2014 recipients of NACWA’s National Environmental Achievement Award for Federal Public Service.

Additionally, EPA Administrator Gina McCarthy is confirmed to speak at the NACWA/AMWA Water Resilience Summit. The invitation-only Summit will bring together a select number of key municipal, state, federal, and industry leaders to explore the climate resilience challenges that water and wastewater utilities face and develop viable collaborative approaches and solutions. Federal agency officials from the EPA, the Department of the Interior, the Department of Energy, the Department of Commerce, the White House Council on Environmental Quality and others are expected to participate in the dialogue, as well.

Set Up Meetings with Your Members of Congress!

Water Week 2014 will bring together water and wastewater professionals from across the country to meet with Members of Congress and federal regulators to share perspectives on federal clean water policy. Attendees will have an opportunity on the afternoon of April 8, to head to Capitol Hill and visit with their Congressional delegation. NACWA Member Agencies are urged to schedule their meetings today. In a press release this week, NACWA, WEF and WERF announced the Water Week 2014 collaboration and events open to the press and public, including congressional staff. NACWA encourages you to invite your congressional delegation to the Water Week 2014 congressional briefing and reception on Tuesday, April 8. Information and resources are available on NACWA’s Congressional Toolbox. If you have any questions regarding arranging these meetings please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Manager of Legislative Affairs, at 202/833-4655.

Hotel Deadline Extended

Registration information, an agenda and additional details are available. Contact the Capital Hilton today to make your plans. The hotel reservations deadline has been extended to Thursday, March 20 to receive the discounted conference rate of $299 single/double contact the Hilton today. After March 20 we cannot ensure this special rate.

Congressional Clean Water Caucus Gathers Momentum

The bipartisan Clean Water Caucus has been gathering momentum in Congress since NACWA announced its formation in February. The Caucus is being chaired by Representatives John Duncan (R-TN) and Timothy Bishop (D-NY), the former chair and current ranking member of the House Transportation & Infrastructure Subcommittee on Water Resources & Environment. Representatives that have joined the growing list of Caucus members include Representatives Mark Pocan (D-WI), Paul Cook (R-CA), Brad Schneider (D-IL), Ann McLane Kuster (D-NH) and Michelle Lujan Grisham (D-NM).

NACWA encourages members to reach out to their Representatives urging them to join the Congressional Clean Water Caucus, which is focused on Water Resources Utility of the Future (UOTF)–related efforts. NACWA has prepared a template letter for your use in reaching out to your Members of Congress to request their participation in the Caucus. The template letter is available via last month’s Advocacy Alert and on NACWA’s Congressional Toolbox webpage.

Additionally, NACWA members will have the opportunity to visit their congressional delegation during Water Week 2014 and discuss the Caucus (see related story). The Clean Water Caucus will hold its first briefing during Water Week highlighting the important role utilities are playing in spurring the economy, creating jobs and bringing advanced technologies to work for their communities. If you have any questions or need assistance, please contact Claire Moser, Manager of Government Affairs & Public Affairs, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Volunteer Program Launched: Domestic Water & Sanitation Assistance

The American Society of Civil Engineers (ASCE), the American Water Works Association (AWWA) and Engineers Without Borders USA (EWB) have partnered to create the Community Engineering Corps™, a new volunteer program to help small, underserved communities unable to afford the experts needed to meet basic infrastructure needs. The Community Engineering Corps allows volunteer engineering and utility professionals to work with these underserved communities to address critical water and sanitation infrastructure needs and improve the quality of life for their citizens. Water and sanitation professionals will be able to volunteer their time and expertise to assist communities that do not have the resources to access engineering services.

If you would like to learn more about the program, and how your utility or your employees may get involved, AWWA is hosting two introductory webinars March 24 and April 16. NACWA is working with EWB, AWWA, and ASCE to see how we can most appropriately support this worthy initiative.

Agenda Available for First Ever Consent Decree Workshop

A preliminary agenda is now available for NACWA’s Wet Weather Consent Decree Workshop, a first-of-its-kind national meeting April 30 – May 1 in Chicago to discuss wet weather enforcement issues. Designed both for utilities living with a decree and considering modification as well as for those negotiating a decree or anticipating one, this workshop will provide unmatched information, analysis and advice on how to achieve the best results from an enforcement action for your community.

Topics will include leveraging the mechanics of the enforcement process to your advantage, utilizing new tools and strategies to maximize economic flexibility, and pursuing opportunities for modification of existing decrees. Additionally, the Workshop will provide the chance to engage in roundtable discussion on consent decree issues, exchange information and approaches with other utilities, and network with other clean water professionals. Participants will also receive an advanced copy of NACWA’s newly revised Wet Weather Consent Decree Negotiation Handbook.

Given EPA’s continued push to put new communities under consent decree – as well as new opportunities available through integrated planning for communities under decree to pursue modification – now is the time for your utility to attend this Workshop and engage in this important discussion. Additional information and details on the Workshop are available on NACWA’s website. Space is limited – register today!

March 19 Legal Web Seminar to Address CWA Jurisdiction, Water Quality Trading

NACWA’s next offering in the Hot Topics in Clean Water Law web seminar series will address two critical and timely issues impacting municipal clean water utilities, and registration is free for NACWA members. The March 19 event, scheduled for 2:00 – 3:15 pm ET, will feature the following topics and speakers:

• “Notoriously Unclear" . . . the Ebb and Flow of the Jurisdictional Reach of the CWA - LaJuana Wilcher and Samantha Propp, English Lucas Priest & Owsley LLP

• Gaining Ground – the Power, Potential and Occasional Perils of Water Quality Trading - Brooks Smith, Brent Fewell, and TJ Mascia, Troutman Sanders LLP

Additional information on the web seminar and registration is available on NACWA’s website. Don’t miss this engaging and informative event!

NACWA Blog of the Week:
Put Cover Crops to Work in Your Watershed

This week, guest blogger Laura Bryant from the National Wildlife Federation (NWF) discusses cover crops: a highly effective tool for reducing sediment and nutrient loading to streams and decreasing nitrate leaching to groundwater. What are cover crops and how do they work? Most of all, if they are so effective, why haven’t they caught on? Read on to learn more.