» Clean Water Current Archive

February 8, 2013

Court Grants NACWA Intervention in Water Quality Trading Case

A federal court on Feb. 1 granted  NACWA’s request to intervene as of right in litigation challenging the validity of water quality trading programs under the Clean Water Act, clearing the way for the Association to aggressively represent municipal clean water utilities in the case and defend trading programs. The court order in Food and Water Watch, et al. v. EPA found that NACWA and its municipal partners have a clear legal interest in the litigation, noting that the “threatened loss of economic benefit of…trading constitutes a concrete and imminent injury” which warrants intervention. As a result of this ruling, NACWA will be able to participate as a party in the case and help EPA defend water quality trading programs.

The lawsuit was filed by a coalition of environmental activist groups challenging  the trading approach created by EPA in the final Chesapeake Bay total maximum daily load (TMDL). This case has the potential to impact trading programs involving wastewater and stormwater sources, and has implications not just for the Chesapeake Bay region but for all water quality trading efforts nationally. NACWA moved to intervene  in the case in early December to push back against the plaintiffs’ misguided attacks on water quality trading and help defend trading programs nationwide.

NACWA was joined on its intervention request by a broad coalition of municipal and trading interests including the Virginia Association of Municipal Wastewater Agencies (VAMWA), the Maryland Association of Municipal Wastewater Agencies (MAMWA), the North Carolina Water Quality Association, the Virginia Nutrient Credit Exchange Association, and the Wet Weather Partnership. Additional information on the case is available on NACWA’s Litigation Tracking webpage.

NACWA Brings Clean Water Message to New York Utility Executives

NACWA discussed its advocacy agenda this week with a group of utility executives at the annual New York Water Environment Association (NYWEA) meeting in New York City, highlighting a number of key Association efforts to advance clean water issues. The Association sponsored a luncheon Feb. 5 at NYWEA’s Utility Executive Roundtable, which was attended by utility leaders from across New York and New Jersey.

NACWA provided an overview of current Association advocacy initiatives on issues including nutrients, wet weather, stormwater, integrated planning, and sewage sludge incineration. The meeting also provided an opportunity to discuss the recent Water Resources Utility of the Future Blueprint .

NACWA also emphasized the need for collective action to advance the clean water community’s advocacy goals. This will involve continued coordination and collaboration between NACWA at the nation level and state and regional groups such as NYWEA, through a number of means, including the Association’s Engage^TM social network. This week’s discussion with NYWEA builds upon NACWA’s engagement in recent meetings held by the California Association of Sanitation Agencies (CASA) and the New England Water Environment Association (NEWEA). The Association looks forward to continued engagement with additional state and regional clean water organizations across the country in the coming months.

Senate Holds Hearing on U.S. Army Corps of Engineers Water Resources Policies

On Thursday, the Senate Environment & Public Works Committee (EPW) held a hearing to discuss the implementation of U.S. Army Corps of Engineers water resources projects and the draft Water Resources Development Act (WRDA) bill which would authorize domestic water resources projects administered primarily by the Corps. During the hearing, committee members from both sides of the aisle emphasized their commitment to passing the WRDA bill – and the need for water resources and flood protection projects, especially in the wake of Hurricane Sandy. Senator Barbara Boxer (D-CA), Chair of the EPW Committee, also expressed her continued support for establishing a Water Infrastructure Finance & Innovation Authority (WIFIA) in the WRDA bill. WIFIA would establish a new EPA-run water and wastewater infrastructure financing program to offer low-interest loans in amounts greater than $20 million to regionally significant water infrastructure projects. NACWA will keep members updated as the WRDA legislation advances.

Winter Conference Focuses on Transforming Vision of Clean Water Utilities

Transformational and innovative are two of the words attendees used to describe this year’s NACWA Winter Conference, which focused on how clean water utilities are evolving to become resource managers that provide benefits to the environment and their communities. The conference, Tomorrow’s Clean Water Utility … Is the Future Already Here?, was held in Miami, Fla., Feb. 4–6, in collaboration with the Water Environment Federation (WEF) and the Water Environment Research Foundation (WERF).

Much of the conference focused on the theme of transformation as defined in Water Resources Utility of the Future … A Blueprint for Action , a document jointly released by NACWA, WERF, and WEF in early February. The Blueprint defines the evolving environmental, economic, and social roles that clean water utilities are playing in their communities. In addition, nutrients, affordability, integrated planning, and climate changed figured prominently in many of the programs and discussions.

Conference Speakers Describe Utility of the Future

The general sessions opened on Tuesday, Feb. 5, with several presentations summarizing the conference theme. Speakers Ken Rubin, Managing Director, Rubin Mallows Worldwide; Ken Kirk, Executive Director, NACWA; Jeffrey Eager, Executive Director, WEF; and, Glenn Reinhardt, Executive Director, WERF spoke about their collaborative efforts to develop Water Resources Utility of the Future … A Blueprint for Action .

Kevin Shafer, Executive Director of the Milwaukee Metropolitan Sewerage District, Milwaukee, Wisc., began his presentation by stating, “I am an environmentalist. We all are.” He went on to talk about the important work his utility is doing to focus on the environment, increase efficiency, and adapt to climate change, including new green infrastructure and energy recovery projects. Shafer stressed the importance of including the public in every step of the way through good communication to ensure project success. Andrew Kricun, Executive Director/Chief Engineer, Camden County Municipal Utiliies Authority, Camden, N.J., and Kevin Hardy, General Manger, Encina Wastewater Authority, Carlsbad, Calif., built on this theme – describing their improving their operations, which deliver benefits to their communities and the environment.

Speakers also discussed the importance of application of new technologies in creating the utility of the future in the session, Creating a Path Forward for Emerging Technologies and Innovation. Piers Clark, Chairman, Isle Utilities, Epsom, U.K., and Glenn Reinhardt spoke about the need for the clean water community to continue to apply more innovative technologies to solve new challenges. Real world application of new technologies, such as solar panels, wind farms, and biogas generation were discussed during a presentation on Plugging into Clean Water’s Future.

Communications and Engagement Figure Prominently

The importance of good communications and proactive public outreach figured prominently in many presentations. Numerous speakers shared their perspectives on the importance of ongoing activities with the public to ensure success of their projects. On Tuesday, Feb. 3, The Vernacular of Water and its Implications for the Future, panelists talked about the importance of using the right language when describing systems, products, and processes as clean water agencies continue the move from wastewater treatment to resource recovery.

Several speakers also touched on the growing importance of social media as a way to reach the public, particularly future clean water workers. NACWA provided ongoing updates of meeting happenings via Twitter and members were urged to participate by sharing their thoughts using the #WC13 for the conference. Photos from the conference will be posted on NACWA’s Facebook page and video clips from the event will soon be available on YouTube . Members were also encouraged to participate in NACWA’s advocacy efforts through tools such as NACWA’s online community, Engage^TM.

Committee Meeting Focus on Nutrients, Affordability, Integrated Planning

Many of NACWA’s standing committees met over the course of two days, Feb. 4–5. On Monday, the Water Quality Committee focused on the growing issue of nutrients, which included a review of a Targeted Action Fund-supported WERF project that is developing a modeling toolbox that will help in the development of site-specific nutrient criteria. During the Legislative & Regulatory Policy Committee meeting, integrated planning and financial capability were the focus of discussions. Jeff Lape, Deputy Director, Office of Science & Technology, Office of Water, U.S. EPA, discussed how U.S. EPA has been focusing on fostering innovation in the water program, which supports the utility of the future efforts as outlined in the Blueprint.

The Legal Affairs Committee set its sights on key ongoing litigation. At the Climate & Energy Committee using biogas as a renewable fuel was among the topics discussed and members shared how their facilities are increasing energy efficiency and producing renewable energy. The Biosolids Management Committee heard a presentation from Miami-Dade County Water & Sewer Department on its biosolids management program, and discussed how a recent Natural Resource Conservation Service standard could effect biosolids land application.

Green infrastructure and financial capability assessment were prominent on the agenda of the Facility & Collection System Committee – as well as the Stormwater Management Committee’s agenda. The Stormwater Committee also discussed EPA’s ongoing efforts to draft a new national stormwater rule, which is expected to be released in June 2013. There was particular interest and engagement from the Committee regarding a recent federal court decision striking down EPA’s use of “flow TMDLs” for stormwater, and in an innovative new watershed permit from Wisconsin specifically for stormwater discharges.

Board Members Take Action

NACWA’s Board of Directors met Sunday, Feb. 3. Board members continued discussions begun in November that focused on strategic planning and long-term financial sustainability for the Association. Board members will continue this dialogue over the next few weeks and make final decisions regarding next steps during the April board meeting. In other Board action, the directors approved the Association’s FY 2012 Audited Financial Statements (available to members upon request). The Board also selected the cities of San Diego, Calif., and Denver, Colo., for NACWA’s 2016 winter and summer conferences, respectively. In 2017, the conferences will take place in Tampa-St. Petersburg, Fla., and St. Louis, Missouri.

Environmental Achievement Awards Presented

On the evening of Monday, Feb. 4, NACWA presented its agency National Environmental Achievement Awards, which recognize Member Agencies that have made extraordinary contributions through environmental service projects, community stewardship, and advancements in technology and operations. This year’s winners were the East Bay Municipal Utility District, Calif., for their EBMUD Renewable Energy Program; the Los Angeles County Department of Public Works, Calif., for their Tujunga Wash Ecosystem Restoration Phase II project; Marion County Utilities, Fla., for their Wastewater Regionalization in Support of Springs Protection; The Puerto Rico Aqueduct & Sewer Authority for their Energy Initiative project; Pierce County Department of Public Works & Utilities, Surface Water Management, Wash., for their Raise the Grade Program—Watershed Approach; the Metropolitan Sewer District of Greater Cincinnati, Ohio, for their Recr8Ohio River website and wireless device app; the Beaufort Jasper Water & Sewer Authority, S.C., for their Water/Wastewater Treatment Educational Videos; the Metropolitan St. Louis Sewer District, Missouri, for their Stormwater Best Management Practices Toolbox; and the Narragansett Bay Commission, R.I., for their Snapshot of the Upper Narragansett Bay website. The Association will present National Environmental Achievement Awards to individuals at its National Environmental Policy Forum in April.

Next Steps in Advocacy Work

NACWA will continue to work to advance the various issues discussed at the Winter Conference through its advocacy efforts. Members are encouraged to participate by joining the discussions on Engage^TM and attending NACWA’s meetings and conferences. Upcoming meetings include a series of regional workshops on EPA’s Integrated Planning Framework that will be held in coordination with the Association of Clean Water Agencies (ACWA), WEF, regional clean water associations, and representatives from EPA. Two workshops – in Regions 7 and 10 – have been confirmed. Additional workshops are being planned.

In addition, NACWA’s National Environmental Policy Forum is scheduled for April 21–24 in Washington, DC. The Forum provides a great opportunity for members to reach out to their representatives in Congress and learn more about NACWA’s ongoing advocacy efforts.

All of the presentations and supporting documents from the 2013 Winter Conference general sessions and committee meetings are now available online.