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 Action Requested By: November 9

NACWA is asking its public agency members that provide stormwater services to complete the online survey so that we may continue providing effective advocacy on your behalf.

Background

Late last year NACWA played a critical role in securing the passage of S. 3481 by the U.S. Congress to amend section 313 of the Clean Water Act (CWA) and clarify that federal government facilities are responsible for paying reasonable stormwater service charges.  (Additional information on S. 3481 is available in Advocacy Alert 11-01.)  In response to this legislation, the U.S. Department of Justice (DOJ) released a legal opinion in March of this year outlining the payment obligations of federal government agencies and directing federal government agencies that they may pay local stormwater assessments from annual lump-sum appropriations without the need for any additional stormwater-specific appropriations.  However, the legal opinion was silent as to whether the legislation also applied to past-due stormwater amounts owed by federal government facilities.  In Advocacy Alert 11-09, NACWA provided an analysis of the DOJ legal opinion and also encouraged NACWA members with outstanding stormwater service bills from federal agencies to attempt to collect those unpaid amounts.

Since that time, NACWA has received additional feedback from some of its public agency members indicating that some federal government facilities, even after the passage of S. 3481, are still refusing to pay stormwater service charges.  In particular, many federal facilities are refusing payment of past-due amounts.  To further inform NACWA’s continued advocacy on this issue, we have formulated a brief on-line survey requesting information from public utilities providing stormwater service.  To access the survey, please click here.  Please complete the survey responses online by Wednesday, November 9.

If you have any questions regarding the survey, please contact Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Thank you in advance for your time and assistance with this request.