Page 6 - Clean Water Advocate - December 2012/January 2013
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A Clear Commitment to America’s Waters
6
Feburary 3 - 6 Winter Conference
Tomorrow’s Clean Water Utility…
Is the Future Already Here?
Hyatt Regency Miami
Miami, FL
Feburary 13 Social Media and Clean Water Utilities-
2:00 - 3:00 PM
Case Studies and Best Practices
Web Seminar
April 3
Region 10 Integrated Planning
Workshop
Portland, OR
April 21 - 24 National Environmental Policy Forum
Washington Marriott
Washington, DC
May 15 - 17 National Pretreatment & Pollution
Prevention Workshop
DoubleTree by Hilton Portland
Portland, OR
July 14 - 17 Summer Conference &
43
rd
Annual Meeting
Managing & Financing the Resilient
Clean Water Utility
Hilton Cincinnati Netherland Plaza
Cincinnati, OH
Mark Your Calendar for These Upcoming Events!
Visit
to register and find the most up-to-date information on upcoming conferences!
Stormwater Litigation
Supported by the Association’s Targeted Action Fund (TAF), NACWA
filed a brief in the litigation supporting the TMDL challenge and
arguing that use of flow as a surrogate in stormwater TMDLs is inap-
propriate. NACWA has been advocating on this issue for a number of
years, and such a strong federal court ruling against the use of flow
TMDLs is an important win for municipal stormwater utilities. The
decision is not only positive from a legal perspective but will also re-
sult in significant cost savings, as the state and municipal plaintiffs
initiating the lawsuit estimated that compliance
with the challenged TMDL could have cost over
$300 million. The ruling echoes many of the ar-
guments made by NACWA in its brief.
NACWA Supports Members in Stormwater
Fee Litigation
In a related stormwater legal development,
NACWA filed two briefs over the past month in
support of municipal utility members defending stormwater fee pro-
grams. The Association NACWA submitted a brief in December with
the Missouri Supreme Court on behalf of the Metropolitan St. Louis
Sewer District (MSD), and another with an Ohio state appellate court
in early January in support of the Northeast Ohio Regional Sewer
District (NEORSD). The briefs endorse the use of impervious surface
as an appropriate and valid billing method for stormwater charges,
and argue that such an approach represents the industry norm. The
briefs also contend that municipal stormwater charges based on
impervious surface properly qualify as valid utility fees and are not
impermissible taxes. Both briefs were funded through NACWA’s
Targeted Action Fund (TAF) and signify the Association’s continued
advocacy commitment on stormwater fee issues.
Additional Input Provided to EPA on Stormwater Rule
Also in December, NACWA submitted a pair of letters to EPA regard-
ing the Agency’s ongoing efforts to develop a national post-construc-
tion stormwater rule. The first letter provided
a summary of NACWA’s current thinking re-
garding the anticipated rulemaking, including
comments on key elements under consideration
for inclusion in the rule such as stormwater re-
tention performance standards for new develop-
ment and redevelopment projects, expansion of
federal regulatory stormwater jurisdiction, and
retrofits for areas of existing impervious sur-
face. The second letter, which was signed by a coalition of municipal
and local government organizations, was a follow-up to a meeting
NACWA hosted in November with EPA staff to discuss progress on
the rule.
Additional information on NACWA’s legal activities involving storm-
water can be found on the Association’s
while additional information on regulatory developments can be
found on the
