» Clean Water Current Archive

September 25, 2009

NACWA Files Motion in Anacostia Riverkeeper TMDL Court Case

NACWA filed a motion  Sept. 18 with the U.S. District Court for the District of Columbia in Anacostia Riverkeeper v. U.S. EPA arguing that EPA has the authority and discretion to develop a total maximum daily load (TMDL) for a pollutant impairing a specific designated use in a water body without having to develop a TMDL for all uses that might be affected by that pollutant.  The case involves a challenge by activist groups to a TMDL for the Anacostia River for total suspended solids (TSS) and sediment.  The TMDL developed by EPA focused on aquatic life uses, but the activist groups claim that it should also have addressed recreational uses as well.  NACWA’s motion argued that EPA is authorized by the Clean Water Act and has the discretion to prioritize TMDLs based upon uses of the waterway.  NACWA further argues that a TSS/sediment TMDL for aquatic life but not recreational use is appropriate for the Anacostia River, which is listed as impaired by TSS/sediment for aquatic life, but not for recreational use.  The plaintiffs’ argument for a TMDL to protect recreational use is based on speculation EPA may determine at a later date that the Anacostia is impaired for recreational use, and NACWA contends this is not a sufficient basis for implementing a recreational use TSS/sediment TMDL at this time.  NACWA intervened in the case along with the Wet Weather Partnership and the District of Columbia Water and Sewer Authority (DC WASA), a NACWA member agency, to protect the integrity of EPA’s TMDL development process for the Anacostia River.  More information about the case can be found on the Association’s Litigation Tracking page.  We will continue to keep the membership updated on any developments.

Cardin Circulates Draft Bill on Chesapeake Bay Pollution; NACWA Provides Input

Sen. Ben Cardin (D-Md.) recently circulated draft legislation that seeks to reauthorize the Chesapeake Bay Program (Section 117 of the Clean Water Act), which expired in 2005.  The legislation proposes new tools that will provide EPA and states with regulatory authority to ensure that point and nonpoint source pollution reduction targets are being achieved by states within the Chesapeake Bay watershed.  NACWA was asked to review the draft bill and provided informal comments.  Specifically, the legislation seeks to implement a bay-wide TMDL allocation incorporating point, nonpoint and atmospheric deposition sources.  The legislation would also move towards a watershed-based approach to help restore the bay by requiring that states develop and implement tributary implementation plans (TIP’s) that would among other things require a 50-percent reduction in nutrient and sediment loadings by 2014.

NACWA’s comments focused on how the framework laid out in the draft legislation would impact point and nonpoint sources and stressed that the central challenge to cleaning up the bay is the effective control of nonpoint sources.  As this effort moves forward, NACWA will be organizing a working group of members in the Bay states to provide input and direction to Congress as it continues to pursue the task of creating a federal enforcement program that will clean and restore the Chesapeake Bay and its tributaries.  If you would like to view a copy of NACWA’s comments, please contact Pat Sinicropi, NACWA legislative director, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or at (202) 533-1823.

NACWA Renews Objections to NRDC Nutrient Petition

Following up on its Sept. 10 meeting with Pete Silva, EPA assistant administrator for water, NACWA sent a letter  Sept. 24 outlining flaws in the Natural Resources Defense Council’s (NRDC) November 2007 petition for rulemaking on nutrients.  The letter to Silva builds on NACWA’s February 2008 comment letter  and technical and legal issue papers developed under the Critical Issues Action Initiative regarding the NRDC petition, which is still being reviewed by EPA.  The petition seeks to modify the definition of secondary treatment to include removal requirements for nitrogen and phosphorus at all clean water agencies nationwide regardless of site-specific conditions.  Since the petition was filed, NACWA has underscored the major consequences of a one-size-fits-all, technology-based approach, noting in its letter that such an approach “will waste EPA and municipal resources and not address the root cause of the problem.”  Instead, NACWA believes that “renewed and reinvigorated efforts are needed to provide the states with tools and resources they need to work with key stakeholders to develop meaningful water quality standards that will drive the CWA’s water quality-based programs.”  Silva has indicated that nutrient-related water quality problems are one of his top priorities and NACWA’s letter again expressed the Association’s commitment to work with EPA to find a reasonable solution that addresses all sources of nutrients, including nonpoint sources.

NACWA Moves Forward On Support for Water Trust Fund Bill

NACWA continued efforts this week to build support for the Water Protection and Reinvestment Act of 2009, (H.R. 3202), introduced by Rep. Earl Blumenauer (D-Ore.) to establish a $10-billion annual trust fund for water infrastructure.  Blumenauer had a letter to the editor published in the New York Times on Sept. 14, touting the importance of a trust fund.   NACWA sent correspondence to all House members, along with Blumenauer’s letter, urging their support and asking them to cosponsor the legislation.  NACWA has set up meetings with many House members in the coming weeks, with a specific focus on those who sit on the House Transportation and Infrastructure Committee, the House Science and Technology Committee, and the House Energy and Commerce Committee to seek their support.  NACWA encourages its members to assist in this critical effort by contacting their representatives and urging them to support and co-sponsor H.R. 3202.  Please contact NACWA’s This e-mail address is being protected from spambots. You need JavaScript enabled to view it at (202) 533-1823 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it at (202) 833-4655 for more information about these important legislation efforts.

NACWA Funding Network Call Urges Utilities to Get to Know Local Editorial Boards

Utility leaders and others in the clean water community were encouraged to set up meetings and become acquainted with members of the editorial board of their local newspapers, in a conference call this week hosted by the Clean Water Funding Network, launched by NACWA this spring as a way to galvanize broad, grassroots support for funding legislation.  This month’s call featured Ernst-Ulrich Franzen, associate editorial page editor of the Milwaukee Journal Sentinel, who said “it’s in your interest to get to know your editorial boards.”  During the call, one of a monthly series focused on different outreach and communications techniques, it was emphasized that building a relationship with the editorial board will go a long way to ensure members of the media understand the challenges clean water agencies face in meeting their water quality objectives in the face of rising costs and declining revenues.  NACWA President Kevin Shafer, executive director of the Milwaukee Metropolitan Sewerage District, also spoke and said having a relationship with the reporters or editorial board helps “so when an issue arises, they have the background and baseline to work from when writing the story.”  He urged NACWA members and other utilities to work with their local media to ensure they understand the issues.  Representatives from other member agencies also chimed in and discussed ways they had worked with their local newspapers and said it was important to keep up the relationship or forge new ones as staff changes.

NACWA members and nonmembers are encouraged to join the Clean Water Funding Network by simply going to the website and hitting the “Join Now” link, which provides access to the latest news and information on clean water funding as well as a toolkit on how to advocate for more funding at the different levels of government and in the media.  The next call will be Oct. 20 at 3:30 p.m. EDT and will focus on state clean water trust fund-type initiatives.  Please contact NACWA’s This e-mail address is being protected from spambots. You need JavaScript enabled to view it at (202) 833-3280 for more information. 

NACWA to Make Big Splash at WEFTEC09; Pete Silva to Speak at Hot Topics Breakfast

NACWA will be a visible force this year at WEFTEC’09 at the Peabody Orlando Hotel in Orlando, Oct. 11-14, with a Clean Water Advocacy Center (CWAC) booth on the exhibit floor, highlighting NACWA priorities in the coming year, and the annual Hot Topics Breakfast on Oct. 13, and a panel discussion featuring NACWA President Kevin Shafer and NACWA Executive Director Ken Kirk.

Kevin Shafer, Ken Kirk to Speak on Sustainable Solutions to Address Water Infrastructure
NACWA President Kevin Shafer, executive director of the Milwaukee Metropolitan Sewerage District; will speak at WEFTEC’s Featured Session – Utility Management, Public Education, and Communication: The Future for Water Infrastructure Investment, Beyond the Stimulus Package from 8:30 a.m.- noon on Tuesday, Oct. 13. NACWA Executive Director Ken Kirk will also speak on the need for a strong federal-state-local partnership to address the water infrastructure challenge.  Also on the panel are Anu Mittal, the lead on the Government Accountability Office (GAO) report on clean water trust fund revenue sources; and Tracy Mehan, former EPA assistant administrator for water, who will discuss full-cost pricing and other options.  This lively panel discussion will not only address how to incorporate green infrastructure to attract financing and create sustainable infrastructure for the future, but will address the role of the federal government in this new political landscape, whether full-cost pricing is an option and what issues and potential impacts could arise when seeking federal assistance through a clean water trust fund or water infrastructure bank.

Pete Silva to Speak at NACWA’s Hot Topic Breakfast
Pete Silva, EPA assistant administrator for water, is confirmed to speak at NACWA’s annual Hot Topics Breakfast on Tuesday, Oct. 13, from 8:00 – 10:00 am.  Also, attending the breakfast will be other top EPA water officials including Ephraim King, director of EPA’s Office of Science and Technology, and Jim Hanlon, director of EPA’s Office of Wastewater Management.  They will discuss issues including nutrient controls, effluent guidelines, blending, and biosolids, to name a few.  The breakfast is an informal session and provides ample opportunity to ask questions of our colleagues from EPA.  There is no fee for the breakfast, and registration is not required.  We look forward to seeing you in Orlando!

Law Seminar Agenda to Address Critical Clean Water Issues

The agenda for NACWA’s 2009 Developments in Clean Water Law Seminar has been finalized and promises to deliver an exciting and informative program featuring many of the nation’s top legal practitioners speaking on clean water law issues.  Highlighting the Seminar agenda will be a keynote addresses from Peter Silva, EPA assistant administrator for water, and remarks from Cynthia Giles, EPA assistant administrator for Enforcement and Compliance Assurance.  The agenda also features a variety of panel discussions that will address some of the hottest topics in clean water law.  Among the issues to be addressed are how utilities can respond when the legal rules suddenly change, the importance of public perception and public relations in protecting your utility’s legal rights, an overview of the current state of clean water law on key issues such as nutrients and sanitary sewer overflows, and a discussion of key enforcement issues currently facing clean water agencies.  There will also be a roundtable discussion looking at the effects of the 2008 elections on the clean water community, and an always popular presentation of the past year’s most important clean water legal cases.  Continuing Legal Education (CLE) credits, including ethics credit, will be available.  The Seminar will be held November 11-13 at the Marriott Metro Center in Washington DC; more information about the Seminar is available on the Conferences & Professional Development page of the NACWA website.  The Seminar registration and hotel registration deadline is Oct. 19, so make your plans to attend today!