Clean Water Current Archive

January 4, 2008

Water Associations Summit Yields Key Next Steps on Priority Issues

Officers and staff of NACWA and five other key water sector associations met today in Washington, D.C., to discuss strategies for priority issues in the coming year.  Joining NACWA at the Water Association’s Summit were representatives from the Water Environment Federation (WEF), the Association of Metropolitan Water Agencies (AMWA), the American Water Works Association (AWWA), the National Association of Water Companies (NAWC), the National Rural Water Association (NRWA), and the Western Coalition of Arid States (WESTCAS).  NACWA President Chris Westhoff, assistant city attorney and public works general counsel for the City of Los Angeles, shared several of the Association’s top priorities with the group.  Later in the meeting, Marian Orfeo, NACWA vice president and director of planning & coordination for the Massachusetts Water Resources Authority in Boston, led a discussion on the Association’s advocacy efforts on behalf of an integrated watershed approach to address the growing overlap between drinking water, wastewater, and stormwater management issues.  The session focused on the effort, currently underway by NACWA’s Strategic Watershed Task Force, to draft a 21st century watershed act.  The organizations generally agreed that climate change and water supply concerns may provide a unique opportunity to garner Congressional support for such legislation.  

The groups also came to consensus on the need to develop a unified water sector message emphasizing that climate change is fundamentally a water resource management issue.  All participants agreed that the failure to make this point effectively to national legislators, policymakers, and the public would be a lost opportunity.  AMWA agreed to take the lead in drafting such a message for consideration by the other organizations.  Another issue that received significant attention was the water sector approach to draft chemical facility security legislation that could eliminate an exemption for public drinking water and wastewater utilities from potentially onerous security requirements.  (See article in the Dec. 21, 2007, Clean Water Current).  The groups said that maintaining the exemption would be the preferred approach.  If that is not possible, the goal should be to limit any onerous requirements and preserve local decision-making authority over chemical security management issues to the greatest extent practicable.  NACWA and several of the other participants will be meeting jointly with House Homeland Security Committee staff next week to discuss the draft legislation.  The groups also agreed to hold another Water Association’s Summit and to consider the inclusion of additional water sector organizations in future meetings.

NACWA Submits Comments on Preliminary Effluent Guidelines Plan

NACWA submitted comments Dec. 31 on EPA’s Preliminary 2008 Effluent Guidelines Program Plan detailing concerns about plans for the Agency’s proposed new Health Services Industry category.  The Agency’s plan provides information about EPA’s 2007 annual review of effluent limitation guidelines (ELGs) and pretreatment standards for both existing and non-regulated categories, as well as its preliminary plan for 2008.  EPA is conducting a detailed study of the Health Services Industry — which includes hospitals, dental clinics, long-term care facilities, veterinary clinics, and medical laboratories and diagnostic centers — focusing on mercury discharges from dental facilities and disposal of unused pharmaceuticals from all facilities in the sector.  The comments stated that although “NACWA supports national efforts to address mercury and pharmaceutical discharges, establishing effluent guidelines for the Health Services Industry is not a practical way to address the large number of dischargers in the category and would not result in substantial water quality improvements.”

The comments describe NACWA’s Mercury Workgroup initiative to study sources of mercury and the effectiveness of dental amalgam separators and cite the results of its most recent study, which showed “that many factors, not just amalgam separator installation, influence mercury concentrations at POTWs [publicly owned treatment works].”  For unused pharmaceuticals, NACWA recommends that EPA work with other federal agencies to develop “clear consistent guidelines or best management practices” and remove the barriers to implementing drug take-back programs.  NACWA members contributed to these comments and also submitted their own comments to EPA.

NACWA, NAFSMA Move to Participate in Washington State MS4 Permit Case

NACWA and the National Association of Flood & Stormwater Management Agencies (NAFSMA) filed a joint motion to participate Dec. 26 in a key stormwater permit case in Washington State.  The motion, filed with the state Pollution Control Hearings Board, requests permission for NACWA and NAFSMA to submit a brief in the case appealing municipal stormwater permits issued by the state in early 2007.  Many Washington municipalities are challenging the permits, in part, because of a requirement that stormwater discharges comply with state water quality standards.  NACWA and NAFSMA have been asked by the municipalities to file a brief arguing that such requirements are not mandated by federal law.  The NACWA Board approved the Association’s participation in the case at the Summer Conference in July, and NACWA then asked NAFSMA to join its efforts.  The brief will echo NACWA’s longstanding position that compliance with water quality standards, including possible numeric limits, is not appropriate in stormwater permits.  

The NACWA/NAFSMA request to participate has been opposed by other environmental groups involved in the appeal, but has been supported by many of the municipalities.  A ruling from the appeals board is expected soon.  Additional information on the case can be found on the Litigation Tracking section of the NACWA Member Pipeline at www.nacwa.org.

Member Comments on NRDC Secondary Treatment Petition Due Jan. 18

Member comments on the Natural Resources Defense Council’s (NRDC) Nov. 27 petition for rulemaking to require secondary treatment standards for nutrient removal at POTWs are due to NACWA by Jan. 18.  NRDC’s petition, which is analyzed in greater detail in Legal Alert 07-07, contends that removal of nitrogen and phosphorus can be achieved as part of secondary treatment with currently existing technologies and relatively little cost to POTWs.  NACWA is concerned about claims in the petition, including potential cost implications for municipalities, and requests member comments to aid in drafting a response to the petition.  Comments can be submitted to Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

NACWA Winter Conference Features Keynote on Motivation, Power of Mission

The keynote address at NACWA’s 2008 Winter Conference, Feb. 5-8, will be Chip Eichelberger, a motivational speaker who will discuss the importance of a common vision and the power of a shared mission on an organization’s effectiveness.  Chip’s thoughts will be sure to inspire discussions both at the conference and back home.  The Winter Conference, Creating Tomorrow's Utility Today . . . Keys to Management Success, at the Pointe Hilton Tapatio Cliffs in Phoenix, will explore ongoing efforts to improve utility management through the lens of five keys to management success: leadership, strategic planning, organizational approach, measurement, and continual improvement.

The deadline to reserve rooms at the special conference rate of $209/night is Jan. 14, so be sure to register soon. In addition, new rooms have been added to the block for the Friday and Saturday nights following the conference (Feb. 8-9).  Please contact the hotel at 602/866-7500 and indicate that you are attending the NACWA Winter Conference.  Should you have problems securing your desired reservation, please contact Nirah Forman, NACWA’s director of meetings and conferences, at nforman@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or at 202/833-8418.