Water Technology Online

Monday, June 14, 2010


WASHINGTON — The National Association of Clean Water Agencies (NACWA) is urging the U.S. Senate to enact legislation designed to clarify the federal government’s responsibility to pay reasonable fees for stormwater services provided by local utilities, according to a press release.

S. 3481, which Senator Ben Cardin (D-Md.) introduced last week, clarifies that fees charged for the control and abatement of water pollution, including stormwater management fees, shall not be considered a tax and therefore are required to be paid by federal agencies pursuant to their obligations under Section 313 of the Clean Water Act (CWA), the release stated.

The issue gained attention in April when the General Services Administration (GSA) delivered a preliminary announcement that federal facilities located in Washington, D.C. are not required to pay impervious area charges levied by the local municipal sewer authority claiming that these fees amounted to a tax on the federal government and are unconstitutional, according to the release.

NACWA opposed this decision and applauds Senator Cardin for his leadership to see it overturned.

“We believe the refusal of the federal government to pay for a critically important local environmental service is not only legally unjustified but also significantly undercuts the Administration’s commitment to improve water quality throughout the nation,” said NACWA Executive Director Ken Kirk.