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NACWA’s Wet Weather Task Force, chaired by NACWA Board Member John O’Neil, General Manager of the Johnson County Wastewater Department, has completed work on a legislative proposal to help communities better manage peak wet weather flows at publicly owned treatment works (POTWs) and collection systems. The Wet Weather Community Sustainability Act   would amend the Clean Water Act (CWA) to authorize use of peak excess flow treatment technologies and management approaches such as ballasted flocculation, blending, and peak excess flow treatment facilities; and require the Environmental Protection Agency (EPA) to issue guidance to States on how to develop wet weather water quality standards.

Below is a summary of the proposal. Members should contact Patricia Sinicropi, NACWA’s Legislative Director at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for further information.

Summary of Wet Weather Community Sustainability Act

The Wet Weather Community Sustainability Act would authorize EPA to modify secondary treatment standards to allow POTWs and collections systems with an approved wet weather management plan to utilize alternative peak wet weather treatment technologies and management approaches in lieu of meeting secondary treatment requirements for peak wet weather flows. Within twelve months of enactment, the legislation would require EPA to issue information and guidelines for the types of alternative technologies and management approaches that are available, including alternative treatment methods, collection system operation and maintenance programs, as well as monitoring and reporting systems. The guidelines would also provide information on how to determine the wet weather conditions during which these alternative methods would be allowed. Wet weather management plans would be based on these guidelines.

In addition, the legislation would codify a State’s discretionary authority to develop wet weather water quality standards and, importantly, require EPA to issue guidance to States to help them develop wet weather water quality standards. Though States already have the discretion to develop wet weather water quality standards, by reinforcing this authority in the Act and requiring EPA to come forward with technical information about how wet weather water quality standards can be established, the legislation provides an important tool to encourage and facilitate State development of these types of standards.

The Wet Weather Community Sustainability Act offers both a technology-based and a water quality-based approach to help municipalities manage peak wet weather events in a cost-effective manner that is protective of both the environment and public health. This approach is consistent with the requirements for handling dry weather flows under the CWA and one that NACWA believes will appeal to policy-makers in Washington, D.C.

Next Steps and Member Feedback

The Wet Weather Task Force solicited input and comment from a number of NACWA Committees and its Board of Directors before finalizing this draft. NACWA will be discussing the legislation at the Legislative and Regulatory Policy Committee Meeting, taking place next Tuesday at 3:30pm Eastern during NACWA’s Winter Conference in Miami, Fla. The Association will also begin reaching out to Members of Congress interested in these issues to become co-sponsors of the legislation and seek hearings on the topic in the committees of jurisdiction. We will share the proposal with key U.S. Environmental Protection Agency staff and other interested stakeholders in D.C. for their perspectives as well. 

Again, NACWA members who are interested in discussing this legislation and providing additional feedback should contact Patricia Sinicropi, Director of Legislative Affairs, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .