» Clean Water Current Archive

November 14, 2014

NACWA Comments on Proposed Waters of the U.S. Definition

EPA and the U.S. Army Corps of Engineers (USACE) proposed the Definition of ‘‘Waters of the United States’’ Under the Clean Water Act on April 21, 2014, which aims to definitively identify waters protected by the Clean Water Act (CWA). The proposed rule has implications for wastewater and stormwater collection and treatment systems, which are reflected in the Association’s comments  submitted this week.

The proposed rule takes some important steps to strengthen the water quality protections afforded by the CWA as part of a holistic watershed approach, and a proper rulemaking would assuage some uncertainty surrounding CWA jurisdiction preceding and following the 2006 Supreme Court decision in Rapanos v. United States. NACWA’s comments reflected its appreciation for EPA’s maintaining the manmade waste treatment exemption in the proposed rule, which has helped address the majority of concerns of Association members who already hold permits under the National Pollutant Discharge Elimination System (NPDES) or state equivalent and discharge to jurisdictional waters. Remaining concerns highlighted in the comments include the need for exemptions for stormwater systems, green infrastructure, and water reuse systems; a request for clarification of possible use of groundwater to establish jurisdictional connections; and, affirmation of the lead role played by the states in implementing any changes to the CWA.

NACWA encouraged individual member agencies to submit comments on the draft rule to ensure the full consideration by EPA of their site-specific concerns. Any public agency members submitting comments are encouraged to send a copy to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Cybersecurity, Ebola Discussed at the Water Sector Coordinating Council; NACWA Member Elected Chair

Cybersecurity and the Ebola virus were major topics of discussion for the Water Sector Coordinating Council (WSCC) and the sector’s Government Coordinating Council (GCC) at a meeting this week in Augusta, Georgia. The WSCC and GCC have formed a Cybersecurity Workgroup that is currently working on assessing the needs of water and wastewater utilities related to implementing the National Institute of Standards & Technology (NIST) Cybersecurity Framework and possible approaches to outreach and training to fulfill these needs. Information about the Ebola virus was provided by Matthew Arduino, Chief, Clinical & Environmental Microbiology Branch, Division of Healthcare Quality Promotion, Centers for Disease Control & Prevention (CDC). Mr. Arduino provided information on the research related to the transmissibility of the Ebola virus and received input from the WSCC and GCC on the type of information that wastewater utilities would like provided by the CDC.

Patty Cleveland, Assistant Regional Manager with the Trinity River Authority, Texas, and one of NACWA’s representatives to the Water Sector Coordinating Council (WSCC), was elected Chair of the Council this week. Ms. Cleveland, a former NACWA Board Member, has served as Vice Chair of the WSCC for the past two years and will serve a two-year term as Chair. Jonathan Reeves, Emergency Response & Planning Coordinator for NACWA member DC Water, and a representative of the Water Environment Federation (WEF) to the WSCC, was elected Vice Chair. NACWA’s second representative to the WSCC, Jim Davidson, Manager of Safety & Security for the Northeast Ohio Regional Sewer District, also participated in the meeting.

Reuse Working Group Discusses NACWA Advocacy Role, Awards Program

The NACWA Water Reuse Working Group, comprised of interested and active Member Agencies, convened by conference call this week to continue to refine the Association’s advocacy position on water reuse and recycling issues – and to ensure continued collaboration with other organizations in the same space. NACWA’s membership team also solicited input from working group members on a new category within the Association’s Peak Performance Awards program. NACWA is working to expand this program to recognize utilities’ important reuse accomplishments. While traditionally a program that solely recognized the achievements of Member Agency facilities in meeting their NPDES permits, an expansion is planned to include recognition for treatment facilities that reuse their effluent flow. As a first step, in an effort to develop a new application to accommodate reuse facilities that may not have traditional NPDES permits, we are asking members who operate these types of facilities to submit their state reuse permits to NACWA. Please email them to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Participants highlighted state legislative measures promoting reuse around the country. The most recent is California’s approved ballot measure/ Water Quality, Supply & Infrastructure Act of 2014, which provides more than $7 billion for water infrastructure projects including over $700 million specifically for water reuse and recycling. The Florida and Texas authorities are also actively working to free up funding for reuse projects. Florida has allocated $700 million for Alternative Water Supply Development, while Texas is looking at $2 billion in water infrastructure funds with reuse projects being eligible. Association staff and the working group are finalizing a NACWA Reuse Advocacy White Paper that should be available soon. The working group will meet at the NACWA Winter Conference in February and interested members are invited to join.

NACWA Discusses Advocacy Agenda at Texas Clean Water Conference

The Water Environment Association of Texas (WEAT) and Texas Association of Clean Water Agencies (TACWA) hosted their bi-annual Texas Water Horizon specialty conference this week, convening water and environmental leaders from around the state to discuss the outlook for water policy locally and nationally. NACWA was invited to give a federal advocacy update and provided an analysis of the recent elections and an outlook for the upcoming 114th Congress.

The Association also addressed several significant regulatory issues such as the proposed Waters of the United States rule (see related story). NACWA alerted attendees to the status of the Dental Amalgam Rule, which is open for public comment until December 22, and urged those potentially impacted by the rule to work with WEAT and TACWA – along with NACWA – to request an extension of the comment deadline.

Other speakers included NACWA members San Antonio Water System and Trinity River Authority, as well as Legal Affiliate Lloyd Gosselink. Water issues will likely continue to take center stage in the 84th Texas Legislative Session, as evidenced by the participation and remarks made by State Representatives Todd Hunter, Lyle Larson and Eddie Lucio III.

The Utility of the Future (UOTF) vision is a reality in Texas, which is leading the way on direct potable reuse and driving innovation on desalination and water conservation. Texas demonstrated its commitment to water last November when voters approved a new law that moved $2 billion from the Rainy Day Fund to create a revolving loan program so communities can begin working on projects outlined in the State Water Plan. NACWA applauds the actions of the state and the many utilities in Texas who have emerged as UOTF models.

NACWA participation in conferences such as this provides an excellent opportunity to galvanize support for national clean water advocacy objectives and to learn about state and regional trends of national significance.

NACWA Blog of the Week:
Phantom of the Opera . . . Water Utilities Can No Longer Be Silent

Guest blogger and author, Donna Vincent Roa, discusses the new collection of essays, The Value of Water: A Compendium of Essays by Smart CEOs, which includes essays from a variety of NACWA Member Agency leaders – as well as NACWA’s Executive Director, Ken Kirk.  Vincent Roa focuses on how to improve the way we communicate about the value of water to society.  She asserts that the most valuable partnership for the global water market will be between engineers and water communication professionals.  Read on to see her take on the role of skilled and effective communications in your watershed.

Web Seminars Highlight Important Clean Water Priorities

• December 10 – 2:00 – 3:30 pm Eastern
  Legal Hot Topics Web Seminar to Address Security, CSO Issues
  The first offering in this year’s NACWA Legal Hot Topics Web Seminar series will feature two separate presentations, one addressing security issues currently facing clean water utilities, and the other exploring concerns on the new interpretations of EPA’s CSO Policy.  The web seminar is offered free of charge to NACWA members and is a great opportunity to keep up with the most important developments in clean water law.   More information on the series and registration is now available.
• December 16 – 1:00 – 2:00 pm Eastern
  Revisions to Clean Water State Revolving Fund Program & EPA Guidance to States
  Join NACWA and WEF to discuss important changes to the Clean Water State Revolving Fund (CWSRF) program. The CWSRF received a make-over this year by Congress and these changes will impact municipal borrowers across the country. Our keynote speaker for the Seminar will be EPA’s Director of the Office of Wastewater and former CWSRF Administrator for the State of Maryland, Andrew Sawyers. He will discuss how states are likely to implement these changes and what these changes will mean to the clean water community. In addition, EPA’s recently released guidance to the states regarding these changes will be discussed. Registration is complimentary.