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NACWA is providing this Alert to urge members to contact their Congressional delegations immediately to ask that they support enacting legislation during the Lame Duck session to require the Federal government to pay local stormwater fees. S. 3481, a bill that would amend the Clean Water Act to clarify federal responsibility for stormwater pollution control, passed the Senate Environment and Public Works Committee unanimously in June.  The legislation is ready for action by the full Senate and is in the process of being fast tracked for consideration in the coming days.  It is critically important that members contact their Senators and ask them to support immediate consideration and passage of the legislation.

The legislation is necessary to reverse decisions like the Government Accountability Office’s (GAO) September decision that federal facilities located in the District of Columbia can claim sovereign immunity and do not have to pay for stormwater fees levied by the District of Columbia for stormwater management services as required by the District’s federally issued stormwater permit.  This decision will cost the City in excess of $2.64 million annually, representing 20% of the total cost of stormwater management services provided by the District.

The GAO decision follows similar findings in other parts of the country in which federal government agencies have refused to pay local municipalities for stormwater management services.  These agencies include the U.S. Forest Service in Washington State, Department of Defense installations in Texas and federal installations in the States of Tennessee and Kentucky, claiming these fees amount to unconstitutional taxation by local authorities.  NACWA has heard from our members in several additional states that are experiencing similar resistance, including Colorado, Florida, Georgia, Ohio, Oregon and Virginia.

Please contact your Senators NOW and urge them to support enactment of this legislation before Congress adjourns for the Holidays.  A copy of the legislation can be found here.