Clean Water Current Archive

August 15, 2008

NACWA Scores Litigation Victory with BEACH Act Settlement

NACWA won a significant legal battle regarding recreational water quality criteria under the Beaches Environmental Assessment and Coastal Health (BEACH) Act when a settlement agreement was filed in federal court Aug. 8.  The settlement in Natural Resources Defense Council (NRDC) v.  U.S. Environmental Protection Agency (EPA) marks a key turning point in the Association’s advocacy efforts regarding the development of new recreational water quality criteria and will also help the Association’s advocacy efforts on these issues in the legislative arena.

The agreement among NACWA, NRDC, Los Angeles County, and EPA directs the Agency to conduct the necessary scientific studies and develop new recreational water quality criteria by 2012.  EPA will also be required to solicit stakeholder input throughout the criteria development process.  This settlement ensures that EPA will have sufficient time to develop the new criteria, and that key stakeholders, including NACWA and its members, will have several opportunities to participate in the criteria development process.  This aspect of the agreement fulfills the primary goals for the Association’s participation as an intervener in the litigation.

EPA has committed to carrying out a number of specific studies, including efforts to determine appropriate indicators for new water quality criteria that will be protective of public health and that are scientifically based.  Under the terms of the agreement, EPA will conduct studies in a variety of different geographic regions across the country as well as at beaches affected by different forms of water contamination.  Additionally, the agreement commits EPA to validate and publish a rapid test method for the new or revised criteria by October 2012.  The rapid test method will be based on indicators deemed appropriate by the Agency during the research period and will be validated through an inter-laboratory study.  The settlement’s provisions on rapid test methods bolster NACWA’s advocacy efforts regarding the House and Senate versions of the Beach Protection Act (S. 2844, H.R. 2537).  NACWA has already contacted key congressional staff to make them aware of these provisions.

This settlement represents a significant victory for NACWA and its members by ensuring that the public clean water agency perspective will be heard throughout the development of new recreational water quality criteria.  The settlement maximizes NACWA’s ability to voice its members’ concerns and protect them from the publication of criteria based on potentially flawed science.  NACWA will continue to monitor the progress of the settlement agreement and will also continue its ongoing discussions with Congress on the Beach Protection Act legislation to ensure that it reflects the consensus provisions of the settlement.

A more detailed analysis of the settlement is available in Legal Alert 08-05; a copy of NACWA’s press release is also available.  A copy of the agreement, along with other documents related to the case, are available on the Litigation Tracking page of NACWA’s Member Pipeline.

NACWA Intensifies Efforts to Promote Liquid Assets Documentary on Infrastructure Crisis

NACWA and other organizations with an interest in clean water infrastructure are gearing up for the fall release of the Penn State Public Broadcasting documentary Liquid Assets: The Story of Our Water Infrastructure.  NACWA, which provided some of the funding for the production of the 90-minute film, has been working with the Water Environment Federation (WEF), the Associated General Contractors (AGC), and the American Society of Civil Engineers (ASCE) on a marketing strategy to encourage local Public Broadcasting System (PBS) stations to air the documentary, which includes interviews with the heads of several NACWA member agencies, mayors, and others who detail the pending crisis cities face regarding their aging and crumbling water and wastewater infrastructure.  NACWA anticipates that having the documentary aired as broadly as possible will bolster its advocacy efforts to boost federal funding for water and wastewater infrastructure and increase support for a clean water trust fund.

NACWA and representatives from its member agencies have participated in several free webinars promoting Liquid Assets.  The next webinar, done as part of the Water is Life, and Infrastructure Makes it Happen public education campaign, of which NACWA is a partner, will take place Aug. 21 at 2 p.m. EDT.  To learn more about the multi-media campaign being organized by WEF, NACWA, ASCE, and other sister organizations, to elevate water and wastewater infrastructure to the public debate, register online for the webinar at Water is Life, and Infrastructure Makes it Happen. Previous webinars on this topic can also be accessed from that website.

NACWA encourages its member agencies to contact their local PBS station or send a letter explaining the local relevancy, connecting it to the challenges facing their communities, and encouraging station program managers to schedule it.  Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , NACWA’s director of legislative and public affairs, for more information on Liquid Assets.