August 28, 2015

Milwaukee Editorial Weighs In on Great Lakes Legislation

The Milwaukee Journal-Sentinel weighed-in strongly this week with a searing editorial against legislation  sponsored by Senator Mark Kirk (R-IL) that would require total elimination of all sewer overflows to the Great Lakes. The editorial calls the proposal “unrealistic” and urges Wisconsin’s Congressional Delegation to view it with a “heavy dose of skepticism.” As the editorial points out, NACWA Member Agency, the Milwaukee Metropolitan Sewerage District (MMSD), has spent billions of dollars to reduce overflows from its combined sewer systems, but its taxpayers would face close to $5 billion in additional spending if Senator Kirk’s legislation were enacted. The editorial further notes that the legislation is part of an appropriations bill that cuts the Clean Water State Revolving Fund program, the one federal program designed to help communities pay for this type of mandate. It also argues that water quality issues, more pressing than sewer overflows, face the Great Lakes -- including run-off from agricultural sources.

NACWA has been an aggressive advocate against this legislative proposal, working with Member Agencies in the Great Lakes and elsewhere to place editorials and op-eds in local media outlets highlighting the significant flaws in the legislation. The Association is grateful to MMSD for helping secure this week’s editorial in the Journal-Sentinel and strongly encourages Member Agencies in other parts of the country to do the same.

NACWA continued its advocacy efforts this week by co-hosting a webcast with the Water Environment Federation on the legislation’s potential impacts on communities throughout the Great Lakes and elsewhere in the country – urging utilities to weigh in with their Congressional delegations. NACWA staff has also been reaching out to utilities throughout the Great Lakes region asking them to complete a survey to gather more specific information about the costs and other impacts were the legislation enacted. Association members interested in getting involved in this outreach effort are encouraged to contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA’s Senior Legislative Director.

Schedule Set in Phase II Stormwater Rulemaking, NACWA to Actively Engage

A settlement was reached this week in ongoing litigation between environmental activist groups and EPA over the national Phase II stormwater program, setting the stage for a new rulemaking by the Agency that will amend portions of the Phase II regulations. EPA and the activist groups filed joint motion and proposed settlement agreement   with the U.S. Court of Appeals for the Ninth Circuit on August 26. The proposed settlement agreement would require EPA to propose a rule with changes to the Phase II program by December 17, 2015 – and to finalize the rule by November 17, 2016. This is an aggressive schedule and the Agency will be hard at work over the next few months developing the rule proposal.

The litigation stems from a 2003 federal court decision that found flaws with the Phase II program, most notably regarding the need for permitting agency review of notices of intent (NOIs) submitted by small Phase II MS4s. A lack of sufficient opportunity for public review and comment was also at issue (see case description).

NACWA has been actively engaged with EPA in recent months to provide input to the Agency regarding how to move forward with a rulemaking. Most notably, NACWA has cautioned EPA to keep the scope of the changes narrow to address the procedural issues specifically noted in the 2003 decision, and not expand the effort into changing the substance of the “maximum extent practicable” (MEP) standard for municipal stormwater dischargers. The Association will be advocating aggressively during the rulemaking process to make sure the municipal stormwater utility perspective is represented. NACWA will also host a remote meeting of its Stormwater Management Committee in September to give an overview of the potential outcomes of the rulemaking and get member feedback. Please contact Brenna Mannion if you are currently not a member of the Committee and would like to be included on that call.

OWL Summit Focuses on Sustainability

NACWA and several of its Board Members and Member Agency representatives participated this week in the U.S. Water Alliance's One Water Leadership Summit in San Francisco. The Summit focused on water sustainability in a changing climate. It also provided a forum to highlight the Alliance's more formal merger with the Value of Water Coalition under the leadership of the Alliance's new President, Radhika Fox. NACWA welcomes Radhika to her new role and looks forward to a continued productive partnership with the Alliance.

Imagine a Day Without Water Campaign Launched

The Value of Water Coalition, of which NACWA is a member, announced its Imagine A Day Without Water campaign, October 6-8, 2015, with events across the country including participation from partner organizations, water and wastewater utilities, local elected officials, and more. The Coalition is hoping this national education campaign will raise awareness of, and build public support for, investment in water and wastewater infrastructure. The site provides ideas on how to participate including templates, a messaging guide and graphics. Sign up to participate today.

Registration Open for 2015 Law Seminar

Registration is now open for NACWA’s 2015 National Clean Water Law Seminar. Scheduled for November 4 – 6 at the Westin Lake Las Vegas in Henderson, NV, this is the “can’t miss” conference of the year to learn more about the most important legal and regulatory topics impacting municipal clean water utilities.

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, with an agenda designed to benefit both lawyers and non-lawyers alike. Many of the top clean water attorneys and professionals from around the country will be featured as speakers, providing valuable analysis and insights relevant to any attorney or public agency manager working on municipal wastewater and stormwater issues. Topics on this year’s agenda will include EPA regulatory overreach; integrated planning and affordability; stormwater, legal and regulatory issues with regard to utility innovation; and, enforcement and consent decree developments.

Information on registration and hotel reservations is available on NACWA’s website, along with information on Continuing Legal Education (CLE) credit  opportunities. The preliminary agenda will be available online early next week. Start making plans now to join your clean water colleagues for this fantastic event!

National Environmental Achievement Awards Nominations Open

NACWA is now accepting nominations for the 2016 National Environmental Achievement Awards. Recognizing that NACWA's clean water utilities are on the front lines of innovation, this prestigious program honors Member Agencies for exceptional projects and initiatives. Local public officials that have made a significant impact on their agency, the environment or the local community are also eligible for recognition. Categories for the NEAA Individual Achievement Awards include: Public Service; Distinguished Service; and, Environment. Agency NEAA categories include: Water Resources Utility of the Future; Research & Technology; Operations & Environmental Performance; Public Service; and, Public Information & Education. We look forward to recognizing the outstanding work of our members and sharing these projects with the clean water community. Examples of past award-winning applications are available on the NACWA website. Nominations are due September 30, 2015. Contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Director, Membership Development & Retention, for additional information.

EPA to Host EUM Framework Review Webinars

EPA will host two webinars on October 15, 2015 at 2 pm Eastern and October 20, 2015 at 12:00 pm Eastern for stakeholders to provide feedback on the Effective Utility Management (EUM) framework. NACWA is collaborating with several other water organizations in an effort to review the framework including The Ten Attribute of Effectively Managed Water Sector Utilities and The Five Keys to Management Success, both of which are in Effective Utility Management: A Primer for Water and Wastewater Utilities (2008). The webinars will review some of the findings but will leave most of the time for questions and/or suggestions and comments on the EUM from participants. Registration for both the October 15 and October 20 webinars is complimentary.

• Register for EPA’s webinar on the Agency’s draft Environmental Justice 2020 Action Agenda framework, September 1 at 1:00 pm Eastern or September 16 at 4:00 pm Eastern.
• RSVP for NACWA’s Communications & Public Affairs Committee Meeting, Wednesday, September 2, at 2:00 pm Eastern. The Committee will be discussing how to demonstrate return on investment for utility community relations and communications. All are welcome.
• Register for the USDA - EPA National Workshop on Water Quality Markets, September 15-17.
• Register for the next NACWA Legal Hot Topics Web Seminar , September 16 from 2:00 – 3:30 pm Eastern.
• Register for the NACWA/WEF Water Policy Breakfast & Utility Executives Forum at WEFTEC15 on September 29 beginning at 8 am.
• Apply today for NACWA's 2016 National Environmental Achievement Awards . The deadline for nominations/applications is Wednesday, September 30, 2015. (see related article)
• Become a participating organization in Imagine a Day Without Water, October 6-8. (see related article)
• Register for the Southeast Stormwater Association's (SESWA) 10th Annual Regional Stormwater Conference October 14-16.
• Register for a listening session to provide feedback on the Ten Attributes and Five Keys to Effective Utility Management Success. Sessions are either October 15, 2:00-3:30 pm Eastern or October 20, 12:00-1:30 pm Eastern.
• Register today for the NACWA-sponsored American Water Summit: Scalable Solutions, October 20 – 21 at a special discounted Public Agency rate .
• Register for NACWA’s 2015 National Clean Water Law Seminar, November 4-6 in Henderson, NV. (see related article)
• Register for the International Water & Climate Forum , December 7-9.
  
  

While summer is nearing its end, NACWA's online network, Engage™ is heating up! Discussions include:

• Asset Management Best Practice Industry Standards
• Incentive Programs for Pollution Reduction
• Private Capital & Global Water Intelligence
• Utilizing a Captive for Self-Insuring Risks
• Food Waste Processing Systems
• New Research on Granular Sludge
• Use of GIS Software – GeoServer

And, on the Women in Water Network Forum, a discussion has begun on addressing potential bias against assertive women in the workplace.

If you’ve not yet engaged – now is the time to network with colleagues from the NACWA community. If you would like to learn more about Engage™ or have questions on this unique online community, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Director of Marketing & Digital Media at 202/533.1802.