Clean Water Current Archive

August 1, 2008

NACWA’s Priorities Receive Senate’s Attention as Congress Leaves for August Recess

Congress leaves today for its August recess and does not return until September, leaving unfinished several legislative issues that have been the main focus of NACWA’s legislative advocacy over the past year.  Many of these issues have received significant attention in the Senate over the past week, and are expected to be discussed in depth in September, and will most likely be reintroduced next year in the 111th Congress.  Sens. George Voinovich (R-Ohio) and Sherrod Brown (D-Ohio) plan to introduce bipartisan affordability/financial capability legislation today that calls on EPA to update its 1997 Combined Sewer Overflows — Guidance for Financial Capability Assessment and Schedule Development.  NACWA’s affordability workgroup has been working closely with the two senators’ office to help develop the legislation.  The draft Clean Water Affordability Act of 2008 mirrors much of NACWA’s thinking on the need for increased flexibility in assessing financial capability, and the association will provide members with the bill number and any updates on this bill as they become available.

Also receiving significant attention in the Senate was the Beach Protection Act (S.2844), which became a hot-button issue because it was one of more than 30 bills wrapped into an omnibus package of legislation on which Senator Tom Coburn (R-Okla.) had placed holds and which the Senate majority sought to pass over his objections.  The Advancing America’s Priorities Act included bills ranging from funding for AIDs research to tougher anti-child pornography legislation, as well as S.2844, and quickly became highly politicized and the subject of significant press attention.  As a result, NACWA’s concerns regarding  the rapid test method provisions of S.2844 became the focus of several trade press articles and serious discussion with the Senate Environment & Public Works (EPW) Committee staff.  Ultimately, the Advancing America’s Priorities Act failed to receive Senate support, leaving S. 2844 to be moved as a stand-alone bill if time permits in September.  NACWA continues to talk with Senate staff on potential measures to address NACWA’s concerns with the Beach Protection Act whether the bill gets taken up in this or the next Congress.

Similarly, NACWA and American Rivers continue to talk to Senate EPW Committee staff in an effort to find mutually acceptable terms to move forward with the Sewer Overflow Right to Know Act (S.2080).   NACWA is primarily concerned with ensuring that the bill’s definition of sanitary sewer overflow does not create any new liability for public wastewater treatment plants.  This bill has been shelved until September, and further action could be delayed until next year.  It is significant to note that all of these bills have made significant bipartisan progress through the legislative process this year and are poised to move next year, making NACWA’s continued and consistent advocacy on these efforts of crucial importance.

Permit Fee Rule Clears OMB, Publication of Final Version Expected Soon

The proposed National Pollutant Discharge Elimination System (NPDES) permit fee rule, which could potentially increase user fees for NPDES permit holders, has cleared interagency review by the Office of Management and Budget (OMB) and is expected to be released in final form this year.  The rule, which would provide financial incentives to states that fund at least 75 percent of their NPDES permit program through user fees, was originally proposed by EPA in January 2007.  NACWA worked with a number of other organizations including the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) to oppose the proposal and succeeded in obtaining report language in the fiscal year (FY) 2008 EPA appropriations bill prohibiting the Agency from promulgating the rule.  However, EPA has publicly stated that it does not consider the report language in the bill to be legally binding and is therefore moving forward with the final rule, which is expected to be published in the Federal Register in the coming weeks.  NACWA will continue to voice its opposition to the rule and will evaluate all options to prevent its implementation, including the possibility of legal action.

Hill Forum Highlights the Need for Additional Water Infrastructure Investment

The U.S. Chamber of Commerce (USCC) and the National Chamber Foundation conducted a forum this week to explore the issue of deteriorating water infrastructure and its impact on the U.S. economy and indicated their support for more sources of funding to address the water infrastructure crisis.  The “Water Infrastructure: Why Congressional Action is Urgently Needed” forum brought together members of Congress and their staffs, senior industry representatives, and the media.  Panelists discussed the consequences of inaction, which will drastically impact U.S. competitiveness in the global marketplace, and, of significance, highlighted the business community’s growing focus on the need for new sources of revenue to repair aging infrastructure.

David Havern, executive vice president and chief operating officer of USCC, pointed out that the United States has more than a million miles of water mains, and that much of it continues to fall into disrepair due to neglect and age, and focused on the need for federal support of public-private partnerships and the use of private activity bonds (PABs).  NACWA continues to believe that PABs cannot meaningfully address the funding gap for water and wastewater infrastructure challenges.  NACWA Board Member Jerry Johnson, general manager of the District of Columbia Water and Sewer Authority, and Dan Coody, mayor of Fayetteville, Ark., said cities must balance the competing demands of financing water and wastewater infrastructure needs with funding for health, education, and other city services and emphasized the need for the federal government to be a full partner in investing in water infrastructure.   Local governments currently fund about 95 percent of drinking water infrastructure and 98 percent of wastewater infrastructure.  Janine Benner, legislative director for Rep. Earl Blumenauer (D-Ore.) agreed that Congress should be providing between $3 and $23 billion more to maintain drinking and wastewater systems.  She reiterated Blumenauer’s continued commitment to introducing a clean and safe water trust fund bill this summer, but also noted that a suite of options would need to be considered in addressing the water infrastructure funding gap, including climate change legislation, an infrastructure funding bank, and a potential new stimulus package, among others.

Deadline for Excellence in Management Recognition Program Applications is August 15

The deadline for submitting applications for the Excellence in Management Recognition Program is fast approaching!  All NACWA member public utilities (both wastewater treatment facilities and conveyance systems) that can demonstrate continuous improvements in efficiency and effectiveness in service delivery during the previous three-year period are encouraged to apply for Excellence in Management recognition. Additionally, agencies receiving Excellence in Management recognition in 2005 are now eligible to re-apply. Application submissions should showcase utility programs that move beyond everyday practices to address a range of management challenges faced by clean water agencies in today’s competitive environment.  To apply, please visit, www.nacwa.org/eim.  Share the visionary, results-oriented, innovative management initiatives in which your utility is currently engaged through this unique award program and get recognized!  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 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it with any questions on this award program.