» Clean Water Current Archive

October 1, 2010

NACWA Meets with DOJ on Stormwater Fees; Plans Response to GAO Opinions on Impervious Surface Charges

NACWA held a high-level meeting Sept. 28 at the U.S. Department of Justice (DOJ) to discuss payment by federal government facilities of local stormwater and wastewater fees – and is developing a response to a Sept. 29 decision by the U.S. Government Accountability Office (GAO) agreeing to pay only part of an impervious area charge (IAC) in the District of Columbia related to stormwater runoff.  The meeting at DOJ provided several key NACWA members with an excellent opportunity to further advocate the Association’s legal and policy arguments that impervious area charges and stormwater charges levied by municipal wastewater and stormwater agencies on federal government facilities should be classified as fees for service and not as taxes.  DOJ officials at the meeting appeared very receptive to NACWA’s concerns and indicated that although DOJ has not yet reached any conclusion on how to resolve the “fee versus tax” dispute, they continue to study the matter very closely and expressed appreciation to NACWA for its engagement on the issue and for sharing the utility perspective.  Additional information on the meeting is available in NACWA’s Advocacy Alert 10-29.

On September 29, in a development unconnected to NACWA’s meeting with DOJ, GAO sent letters to NACWA member agency the DC Water) and the District of Columbia Department of the Environment (DDOE) regarding an IAC assessed against federal government facilities in the District of Columbia.  In a legally questionable decision, GAO indicated that it would pay an IAC related to stormwater runoff to DC Water to recover capital costs associated with the utility’s Long-Term Control Plan (LTCP).  GAO, however, indicated that it would not pay a very similar IAC related to stormwater runoff to DDOE to cover the regulatory costs of complying with the city’s municipal separate storm sewer system (MS4) permit, finding these to be taxes not payable by the federal government.  Additional information on these two decisions is also available in NACWA’s Advocacy Alert 10-29.

NACWA is very pleased with the GAO determination regarding the DC Water IAC, but is extremely disappointed in the decision regarding the DDOE IAC and believes the refusal to pay this charge is in error.  It is NACWA’s position that stormwater fees based on impervious surface qualify as reasonable service charges under the Clean Water Act and the Association is committed to aggressive advocacy on behalf of its members on this issue.  NACWA is evaluating a number of responses to the GAO decision, including continued advocacy with DOJ for a legal directive overruling GAO’s position, increased efforts to obtain a legislative solution in Congress, and possible legal action to challenge GAO’s position in court.   NACWA will keep the membership updated on any developments.

EPA Proposes Clean Air Act Standards for Sewage Sludge Incinerators, NACWA to Comment

At press time, NACWA was beginning its review of EPA’s proposed maximum achievable control technology (MACT) emissions standards for sewage sludge incinerators (SSIs).  The standards are being proposed under the more onerous Section 129 provisions of the Clean Air Act, but do include a separate standard for multiple hearths and one for fluidized bed incinerators – one of NACWA’s major recommendations.  NACWA will continue to review the 440 page pre-publication version of the proposal and provide more details to the membership as soon as possible.  NACWA began collecting data and information to support its comments on the rule earlier this year, but will likely need additional information from the membership on the cost impacts of the standards.  EPA is only allowing 30 days for public comment once the proposal is published in the Federal Register as it attempts to meet a January 16, 2011 deadline for finalizing the standards.

NACWA Members Testify at Stimulus Implementation and Green Infrastructure Hearings

This week NACWA members advanced the clean water community’s message at two key House hearings.  Jeff Theerman, NACWA President and Executive Director of the Metropolitan St. Louis Sewer District (MSD), testified before the House Transportation & Infrastructure (T&I) Committee on American Recovery and Reinvestment Act (ARRA or stimulus package) project implementation.   Howard Neukrug, Deputy Commissioner with the Philadelphia Water Department (PWD) testified before the Water Resources Subcommittee on the benefits of green infrastructure approaches for stormwater management.

Theerman testified before the T&I Committee as part of its ongoing oversight of the infrastructure spending resulting from the passage of the ARRA.  His testimony highlighted the positive impacts stimulus funding had in the St. Louis area and the need for additional federal funding to meet expanding regulatory requirements facing clean water utilities.  The ARRA provided MSD with nearly $11 million to help construct the Argonne and Upper Maline Creek Projects, which addressed aging sanitary sewers prone to backups and overflows.  The testimony also highlighted that ARRA funding freed up regular clean water state revolving fund (SRF) dollars for use by the District and allowed MSD to access nearly $137 million in Build America Bonds.

Theerman also highlighted the Association’s Money Matters campaign and affordability concerns in response to a question from T&I Committee Chair James Oberstar. “Mr. Chairman, we need this committee’s assistance in prioritizing clean water needs to ensure we are pursuing projects that result in the largest water quality benefits for our ratepayers’ dollars,” said Theerman.

Yesterday, Howard Neukrug appeared before the Water Resources & Environment Subcommittee for a hearing on the “Impact of Green Infrastructure and Low Impact Development on the Nation's Water Quality, Economy and Communities”.  Neukrug testified on PWD’s implementation of green infrastructure solutions to help manage stormwater runoff.  The testimony highlighted Philadelphia’s Green City, Clean Waters campaign, a $2 billion, 25 year plan to manage one-third of the city’s impervious surfaces through green infrastructure techniques while restoring nearly 20 miles of urban stream corridor.  His testimony also identified the need for EPA to revise its policies to support the adoption of green infrastructure approaches in managing stormwater and mitigating combined and sanitary sewer overflows.

Money Matters Campaign Flyer Now Available to Members

NACWA is pleased to announce that the Money Matters Task Force has completed its work on a two-page flyer that provides a compelling message regarding the need for smarter, prioritized investment to advance clean water. The flyer can be accessed by clicking on the new Money Matters icon on the homepage of the NACWA website and then by clicking on the Money Matters leave-behind flyer link.  The front page of the document provides a compelling description of the problem, noting that “municipalities [are] focused on maximizing water quality gains for their communities despite the often competing and shifting regulatory and enforcement priorities of the Clean Water Act.”  The back focuses on methods to address this problem and includes a call to action to: 1) pursue a watershed-based approach to solve water quality challenges; 2) recommit to new technology and pioneering innovation; 3) entrust local experts and leaders to use limited dollars to maximize community benefit; and, 4) develop a rational, integrated approach to assessing community affordability.

NACWA is encouraging its members to download and print this document in color and to share it as broadly as possible with your local, state and federal elected and appointed officials, as well as with key stakeholder groups within your communities and your ratepayers.  NACWA will be sending it to all offices on Capitol Hill (see related story below), key officials and staff at EPA, and to national stakeholder organizations to develop momentum and support for this campaign.  On a related note, NACWA held a conference call with members of its Clean Water Exchange — a network of state and regional organizations that represent wastewater treatment agencies — to update them on the Money Matters effort and to begin the process of organizing a Money Matters Summit in Washington DC  in early in 2011.  The Money Matters campaign and the leave-behind will also be features of NACWA’s advocacy booth next week during WEFTEC 2010.

NACWA Efforts on Affordability Build Momentum on Capitol Hill

Representative Russ Carnahan (D-Mo.) and Steven LaTourette (R-Ohio) sent a letter last week to House Transportation & Infrastructure Committee (T&I)  Chair James Oberstar (D-Minn.)and Ranking Member John Mica (R-Fla.) urging them to ensure that the EPA update its 1997 guidance “Combined Sewer Overflows-Guidance for Financial Capability and Schedule Development”.  This effort was the result of NACWA outreach, which helped ensure that the final letter was also signed by Representatives Tim Ryan (D-Ohio), Eleanor Holmes Norton (D-D.C.), Tom Cole (R-Okla.), Ben Chandler (D-Ky.), Tom Latham (R-Iowa), Bill Shuster (R-Pa.) and Bob Latta (R-Ohio), all of whom have extensive water quality needs in their districts.

Building on this effort, NACWA is working with the leadership of the House T&I Committee and the Senate Environment & Public Works Committee to reach out to EPA to urge them to update their 1997 affordability guidance after conducting a stakeholder outreach process.  In yet another positive development for NACWA’s affordability efforts – and its broader Money Matters campaign – Congressman Latta this week introduced legislation (H.R. 6353) that would require EPA to place a larger focus on affordability concerns for municipalities and utilities.  The legislation seeks to require an SRF set-aside for small communities with affordability challenges, would require all states to develop affordability criteria, and would require EPA to update its 1997 guidance document “Combined Sewer Overflows-Guidance for Financial Capability Assessment and Schedule Development”.  NACWA provided this legislation to its Legislative Policy Committee and Money Matters Task Force for review and comment by October 12, 2010.  Should you have any questions please don’t hesitate to contact Pat Sinicropi, NACWA’s Director of Legislative Affairs at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or John Krohn, NACWA’s Manager of Legislative Affairs, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA’s Comments on EPA’s Environmental Justice Plan Urge New Affordability Approach

NACWA filed comments with EPA this week regarding the Agency’s proposed environmental justice plan, encouraging EPA to include affordability concerns as part of its initiative to focus on environmental justice (EJ) issues.  NACWA’s comments are supportive of EPA’s efforts to increase attention on EJ concerns and recognize that true environmental progress cannot be achieved unless the benefits from this progress are shared by all equitably.  The comments also express NACWA’s concern that EPA has not sufficiently considered the affordability challenges facing many urban communities, as the Agency elevates EJ considerations as a key policy focus.  The comments argue for increased flexibility with regard to affordability issues so that municipalities can make smarter investments to advance clean water without imposing unsustainable financial burdens on their communities.

EPA to Develop Pretreatment Standards for Dental Clinics

EPA announced this week that it plans to develop a national rulemaking to address mercury discharges from dental clinics.  EPA had previously indicated that it would rely solely on voluntary approaches, including an existing Memorandum of Understanding (MOU) among EPA, the American Dental Association (ADA), and NACWA, to encourage dental clinics to do more to control the discharge of mercury from their offices.  Citing the declining use of mercury amalgam fillings in modern dentistry practices and the success of existing state and voluntary programs, EPA decided in its 2008 Effluent Guidelines Program Plan not to develop categorical pretreatment standards for dentists.  Since that time, however, the Agency has been criticized by state organizations, including the Environmental Council of States (ECOS), and the House Committee on Oversight and Government Reform’s Domestic Policy Subcommittee for relying on a purely voluntary approach.

EPA has indicated that the new requirements, which NACWA believes would likely take the form of mandatory best management practices (BMPs) including the installation of amalgam separators, would be developed using the Agency’s authority under the pretreatment program.  NACWA has raised concerns in the past over the burden clean water agencies would face should dentists be regulated through the pretreatment program.  The size of the dental community, more the 160,000 dentists at more than 120,000 offices nationwide, and the challenge of educating those dentists on their obligations under the pretreatment program will need to be major factors in EPA’s rulemaking effort.  The Agency is expecting to develop a proposal by next fall with the goal of finalizing the rule in 2012.  NACWA, through its Pretreatment & Pollution Prevention Committee and Mercury Workgroup, will develop initial comments for EPA to consider as it outlines its options for the proposal.  More information on mercury from dental clinics is available on EPA’s website, although there is currently no additional information on this new rulemaking effort.

One More Week to Apply for the National Environmental Achievement Awards

The application deadline for the 2011 National Environmental Achievement Awards (NEAA) is next Friday, October 8.  Interested NACWA Member Agencies should complete their nomination and send it in as soon as possible.  The NEAA program honors individuals and member agencies that have made extraordinary contributions through outstanding advocacy or innovative projects that have had a positive impact on the environment, their utility, their community, NACWA, and/or the clean water industry.  Member agencies are strongly encouraged to submit applications for the programs and initiatives that exemplify their commitment to environmental stewardship and their dedication to the clean water industry and their community.  Learn more about this award program and download the application online at National Environmental Achievement Awards.  Contact Kelly Brocato, director of membership development, at 202/833-1449 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Water & Wastewater Leadership Center Applications Now Available

Applications are now being accepted for the 2011 Water & Wastewater Leadership Center executive education program, March 6–18, 2011, at the Kenan-Flagler Business School on the campus of the University of North Carolina at Chapel Hill.  The deadline for applications is Friday, Dec. 10.  Interested individuals are strongly encouraged to apply early, as space in the program is limited.  The Leadership Center is specifically designed to prepare current and up-and-coming water and wastewater utility leaders to effectively and efficiently manage their utilities while meeting the current needs of their customers with the highest level of service and quality.  No other program cultivates water sector leadership and management skills like this intensive 12-day executive management learning experience.  Students are challenged to broaden their perspective on evolving issues facing utilities and the changing business environment, while key course elements provide instruction on how to think strategically and lead confidently.  This targeted curriculum is enhanced by the state-of-the-art facilities, as well as the engaging and dynamic instructors.  To request a Leadership Center application or additional information, visit the conference and professional development section of NACWA’s website or contact Kelly Brocato at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .