» Clean Water Current Archive

January 11, 2013

House to Vote on Sandy Emergency Appropriations Package, Will Include Funding to Improve Utility Resiliency

The U.S. House of Representatives is expected to vote next Tuesday on the remaining Emergency Supplemental Appropriations Request for Hurricane Sandy Relief, including funding to help water and wastewater utilities in New York and New Jersey undertake measures to build resiliency against future natural disasters.  The vote will come in two parts:  a base bill sponsored by House Appropriations Chairman Hal Rogers (R-Ky.) that contains $17 billion in emergency appropriations to fund immediate rebuilding needs; and, an amendment package sponsored by Congressman Rodney Frelinghuysen (R-N.J.) containing an additional $33.7 billion to help fund longer-term activities aimed at mitigating future storm damage in New York and New Jersey.  The Frelinghuysen amendment includes $600 million in funding for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund Program (DWSRF) to enhance water system resiliency to future extreme weather events ($500 million for the CWSRF and $100 million for the DWSRF).  We anticipate that both the base bill and the amendment will pass.

Should the House and Senate-passed bills go to a conference committee, it is important to note several differences between the Rogers/Frelinghuysen relief packages and the initial Senate package.  First, the original Senate bill included $700,000 for the CWSRF, $200,000 more than the House bill.  Second, the Senate bill makes funding to enhance water system resiliency to future extreme weather events available to all states impacted by Sandy, not just New York and New Jersey, as directed by the House.  Finally, under the Senate bill, each state would have had to use no less than 50 percent of the amount of its capitalization grants to provide additional subsidization (also known as grant-equivalent funding).  In the House bill, that amount must be no less than 20 percent but no more than 30 percent.  NACWA is concerned that this 30 percent ceiling could negatively affect municipalities that have already borrowed significant amounts of funds and may be at, or near, their debt ceiling limits.  Nevertheless, this is the first time Congress has provided any funding to enhance utility preparedness/resiliency and it would set an important precedent for a potential national program should it pass.  

NACWA forwarded a letter this week, to the U.S. House of Representatives, re-emphasizing the importance of providing the maximum possible funding levels to help impacted states, with a focus on the critical need for resiliency funding through the SRFs.  The Association is monitoring ongoing developments in the House and will keep members informed of any updates as they arise.  For questions on the Sandy relief package, please contact Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

U.S Supreme Court Decision Limits Definition of “Discharge” Under Clean Water Act

The U.S. Supreme Court released its ruling Jan. 8 in Los Angeles County Flood Control District v. Natural Resources Defense Council, with the Court confirming that water flowing from one portion of a waterway through an artificial channel into another portion of the same waterway does not qualify as a “discharge” under the Clean Water Act (CWA).  Accordingly, these types of flows from an improved portion of a waterway to an unimproved portion do not require a National Pollutant Discharge Elimination System (NPDES) permit.  In making this decision, the Court also reaffirmed its 2004 ruling in South Florida Water Management District v. Miccosukee Tribe of Indians that the transfer of already polluted water between two parts of the same water body does not create a discharge under the CWA or require an NPDES permit.

The ruling is consistent with NACWA’s long-standing position on the water transfers issue and with arguments from a brief submitted in the case by NACWA, New York City, and a number of other water associations which encouraged the High Court to uphold its previous 2004 decision.  NACWA is pleased with the Court’s decision and believes it is an important legal victory for the clean water community.

The litigation arose from a dispute over flows in Los Angeles County’s municipal separate stormwater sewer system (MS4), and specifically whether flows from a channelized to an unchannelized portion of a river were properly considered a discharge under the CWA.  Although a federal trial court had sided with the utility in finding that there was no CWA discharge, the U.S. Court of Appeals for the Ninth Circuit found otherwise and ruled there was a discharge requiring a CWA permit.  This week’s Supreme Court decision reverses the Ninth Circuit and sides with the utility.  Additional information on the case is available on NACWA’s Litigation Tracking webpage. 

Utility of the Future Task Force Holds Final Call, Blueprint for Action Near Final

The Utility of the Future Task Force held its last workshop this week to discuss the final draft of the Water Resources Utility of the Future (UOTF) Blueprint for Action. The Task Force is made up of 49 representatives from public utilities, consulting/engineering firms, academia, and technology developers and manufacturers – nominated for participation by the three sponsors of the project - NACWA, the Water Environment Research Foundation (WERF), and the Water Environment Federation (WEF). The Task Force is chaired by Tom Sigmund, NACWA Utility Management Committee Chair, and Executive Director of the Green Bay Metropolitan Sewerage District.

During the Workshop, Task Force members suggested several final edits to the Blueprint and expressed their consensus support for the final document.  The UOTF Steering Committee, tasked with providing high-level oversight to ensure that the Blueprint achieves its goals, will meet one last time to approve the document during the last week of January.  It is anticipated that the publication will be finalized and released in advance of NACWA’s Winter Conference in Miami.  The Blueprint will be a key focus at NACWA’s Winter Conference, at WERF’s 8th Annual Research Forum in Chicago in January, and The Joint Management Conference in February, convened by WEF and the American Water Works Association (AWWA).  The partnering organizations will also issue a joint press release, and copies of the full publication will be made available online.  NACWA also print copies of the Executive Summary of the report.  Plans also call for the production of a succinct tri-fold highlighting the advocacy items set out in the Blueprint. The tri-fold will serve as a handout for policymakers and key stakeholders, and is anticipated to be available by the end of February.  NACWA will update its members as soon as the press release is issued and the Blueprint is available for download.

Operate a Sewage Sludge Incinerator? Join Us on a Call

With NACWA’s legal challenge of the new Clean Air Act (CAA) standards for sewage sludge incinerators (SSIs) still in full swing, member agencies who operate SSIs are taking important steps to evaluate whether they can comply with the new rules, if necessary.  Key deadlines are approaching and many clean water agencies are evaluating the regulatory status of their SSIs.  A key consideration in preparing to comply with the standards is determining what modifications to the SSI may be necessary and whether the cumulative cost of modifications to the SSI since its construction threaten the status of the unit as an existing source.

NACWA is convening a web-based conference call on Wednesday, January 30 from 3:00-4:30 pm Eastern to discuss the issues surrounding the modification of SSIs, including:  What constitutes a modification?  How do you calculate cumulative cost? What triggers new source standards?  Members of NACWA’s SSI Advocacy Coalition will receive the details for the conference call soon.  Member agencies with SSIs that are not part of NACWA’s Advocacy Coalition are encouraged to contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information.

Senate Announces New Committee Assignments; Vitter to Be New Ranking Member of Environment & Public Works

Senate Republicans and Democrats announced committee assignments for the 113th Congress this week.  Full Senate confirmation of these assignments is expected soon.  On the Republican side, Senators Deb Fischer (R-Neb.) and Roger Wicker (R-Miss.) will replace Sens. Lamar Alexander (R-Tenn.) and Mike Johanns (R-Nev.) on the Environment & Public Works (EPW) Committee.  Senator David Vitter (R-La.) will replace Sen. James Inhofe (R-Okla.) as the Committee’s ranking member.  On the Energy & Natural Resources (ENR) Committee, Senators Lamar Alexander (R-Tenn.), Jeff Flake (R-Ariz.), and Tim Scott (R-S.C.) will replace Senators Bob Corker (R-Tenn.), Dan Coats (R-Ind.), and Rand Paul (R-Ky.).  Senator Lisa Murkowski (R-Alaska) will retain her ranking member position.  Senator Thad Cochran (R-Miss.) will replace Senator Pat Roberts (R-Kan.) as the new ranking member of the Agriculture, Nutrition & Forestry Committee.  On the Democratic side, Senator Wyden (D-Ore.) will replace retired Senator Jeff Bingaman (D-N.M.) as Chair of the ENR Committee.  Senators Barbara Boxer and Debbie Stabenow will remain Chairs of the EPW and Agriculture Committees, respectively.  We will continue to keep members informed of any updates on the new Congress as they occur.   The House also announced the full membership of the House Transportation & Infrastructure Committee for the 113th Congress.  Subcommittee leadership post announcements are expected next week.

DC Water’s George Hawkins Authors Key Article on Modernizing the Clean Water Act

NACWA Board Member, Chair of the Association’s Money Matters Task Force, and General Manager of DC Water, George Hawkins, recently authored an article, A Cleaner Water Act, in the publication Democracy – A Journal of Ideas.  The article focuses on the need for a new Clean Water Act — a concept bolstered by the work done as part of NACWA’s Money Matters . . . Smarter Investment to Advance Clean Water™ campaign and continuing on in the Water Resources Utility of the Future initiative.  It underscores the importance of putting a local face on national clean water issues and the need to address the worst risks first, sensible technology standards, and an approach that treats all contributors to a water pollution problem equitably.  The Association shared the article with its array of contacts through its social media network and urges other agencies to similarly share publications highlighting their perspectives or agency achievements with NACWA’s Elizabeth Striano at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .   

This Week in Social Media: NACWA Continues to Expand Presence, Outreach

NACWA added two new posts to its blog, The Water Voice.  The first is a thoughtful summary of two key NACWA accomplishments in the nutrient and TMDL arenas that closed out 2012 on a high note, and the second is a look ahead to what might be expected for 2013. Readers can post comments or sign up to receive automatic updates as articles are posted.

In addition, NACWA is continuing to build out its private online community, Engage^TM.  As part of this effort, NACWA’s standing committees will soon conduct their business online via Engage^TM. groups. This new feature will enable seamless communication and coordination among group members.

All individuals at NACWA member organizations have access to Engage^TM.  NACWA members may use the same e-mail and password that they use to access the Member Pipeline on the NACWA website.  You may reset your password online, or, if you need a new account, please This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Please direct questions about how to use Engage^TM. to Elizabeth Striano at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Final Call for Public Agency Members to Complete the 2012 NACWA Index Survey

Next Friday, January 18, 2013 is the last day for public agency members to submit their responses to the 2012 NACWA Index Survey.  Data collection for the 2012 Index began in November and the results of the survey will be distributed to the membership in April 2013.  Preliminary results will be discussed at NACWA’s upcoming Winter Conference in Miami.  

NACWA encourages all public agency members to participate and complete the survey by Friday, January 18.  An individualized one-page questionnaire, which should take less than 15 minutes to complete, was e-mailed to each NACWA public agency member’s primary contact, and those who have not completed the survey yet should have received a reminder email this week.  The survey can be completed online (http://www.cleanwatercentral.org/logon.asp) or via hard copy. For more information on the survey and directions to submit your response, please see the November 2012 Member Update.

2012 Peak Performance Award Applications Now Available!

NACWA member agencies are encouraged to submit their nominations for the 2012 Peak Performance Awards.  As announced in this week’s Member Update 13-01, the Peak Performance Awards program acknowledges member agency facilities for excellence in wastewater treatment as measured by compliance with their National Pollutant Discharge Elimination System (NPDES) permit requirements.  This program has honored thousands of NACWA member agency facilities since its inception in 1987, and the Association anticipates that the program will enjoy another record number of honorees this year.  The deadline for submissions is April 5, 2013.  More information on the Peak Performance Award program, including the award categories, criteria, and how to apply, is available on the Awards Page of the NACWA website.