» Clean Water Current Archive

August 16, 2013

Feds Agree to Pay in Stormwater Fee Dispute

A settlement requiring payment of disputed stormwater fees has been reached in a legal battle between the federal government and NACWA member DeKalb County, Georgia, resulting in an important victory for the municipality and the Association. The parties indicated, in court document  filed Aug. 13, that they had agreed to a settlement and that the pending lawsuit would be dismissed upon payment of outstanding fees to the County.

Although the U.S. Department of Justice (DOJ) received a positive ruling  from the U.S. Court of Federal Claims in January 2013 finding that the federal facilities in question did not have to pay the disputed fees, DOJ was not confident in its ability to defend the lower court decision on appeal. Accordingly the federal government chose to settle the case and pay a substantial portion fees in questions.

This settlement agreement significantly weakens the impact of the underlying claims court decision, including the court’s finding that the charges in question were taxes instead of fees – and the court’s conclusion that the federal government was not financially responsible for the pre-2011 amounts. NACWA, which filed a brief  in support of the County before the claims court, believes the precedential value of the claims court ruling has been greatly diminished as a result of this settlement and is pleased with the outcome. The Association will distribute a copy of the settlement agreement to the membership when it is available.

NACWA Meets with House Staff to Discuss Clean Water Priorities

NACWA met with the offices of several House members on the House Transportation & Infrastructure Committee this week to brief staff on the ongoing and anticipated work of the Association. Included in the briefing were ensuring that 1) the Clean Water and Drinking Water State Revolving Fund programs are adequately funded in any FY2014 appropriations bill; and, 2) Congress maintains the tax exempt status of municipal bonds. An update was also provided on NACWA/WEF/WERF Water Resources Utility of the Future (UOTF) initiative. As called for in NACWA’s Water Resources Utility of the Future . . . A Call for Federal Action, the Association is working to create a Congressional Clean Water Caucus to bring focus to UOTF priority advocacy issues and advance related technologies and innovations in Congress. Two weeks ago, Congressmen John Duncan, Jr. (R-TN) and Timothy Bishop (D-NY) submitted a letter  to the House Administration Committee officially requesting approval for the Caucus. As the Caucus awaits final approval, NACWA will continue to meet with key House offices and encourage their members to join the Caucus.

Biogenic Emissions Coalition Meets with EPA

Attorneys for the Biogenic CO2 Coalition, of which NACWA is a member, met with Joe Goffman, Senior Counsel to the Assistant Administrator for Air & Radiation, to discuss potential paths forward in the wake of the appeals court decision to vacate EPA’s three-year deferral of biogenic greenhouse gas (GHG) emissions from Clean Air Act regulation (see July 19 Clean Water Current article for more information). The discussions included strategies for addressing the issue of biogenic emissions regulation through other pending court cases. The Coalition also discussed the possibility of EPA asking the appeals court to stay the issuance of the mandate in the deferral rule case until the other court cases are resolved.

EPA asked the Coalition to provide information on existing or planned projects that would suffer from the absence of the deferral rule or a substitute for the rule. NACWA members that are concerned about how the regulation of biogenic emissions – which include wastewater treatment process emissions and emissions from the combustion of biogas and biosolids – will affect any projects they are planning should contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . The Association is also looking for specific information on how including biogenic emissions in the Title V and Prevention of Significant Deterioration (PSD) permitting programs will affect wastewater utilities. NACWA members with any information about the magnitude of their GHG emissions or permitting impacts should contact Cynthia Finley.

NACWA Brings Clean Water Message to Kentucky

NACWA was featured on Aug. 14 at the Annual Conference of the Kentucky Stormwater Association, providing an update on key national stormwater developments and trends. The conference brought together over 100 clean water and stormwater professionals from around Kentucky and neighboring states. Among the topics covered by NACWA at the conference were EPA’s development of a national post-construction rule and possible elements to be included in the regulation. No new schedule has been announced for the rulemaking process, but a revised timeline is likely to be available sometime in the next few months.

NACWA also addressed developments involving stormwater total maximum daily load (TMDL) and permitting issues, as well as highlighted current concerns impacting payment of municipal stormwater fees. Additionally, the Association outlined the important role of stormwater management in achieving a more holistic approach to watershed management, including suggestions outlined in the recent The Water Resources Utility of the Future . . . A Blueprint for Action. NACWA appreciated the opportunity to participate in the conference and discuss many of the Association’s important stormwater advocacy efforts.

Data Collection to Enhance NACWA Advocacy

NACWA Executive Director, Ken Kirk, reached out to Member Agencies this week with a request to complete a brief Organizational Data Form geared toward enhancing the Association’s advocacy initiatives. Presenting policymakers and regulators with a more accurate account of the community NACWA represents will further enhance the Association’s ability to represent its member’s interests on the Capitol Hill, with EPA, and in the nation’s courts. With a goal of 100% participation, NACWA looks forward to receiving your utility’s information soon!

NACWA Blog of the Week:
Wipe Out! Keeping Wipes Out of Pipes

NACWA has been working diligently to bring the discussion on nondispersables to the public consciousness. Not only have there been articles in USA Today and on National Public Radio, but with last week’s sighting of a “fatberg” in the United Kingdom, this week’s post on The Water Voice discusses an early victory. Big box store, Costco has implemented a “Do Not Flush” logo and warning on their Kirkland brand baby wipes. Will other manufacturers follow suit? The Water Voice has a new posting each Wednesday, subscribe today and don’t miss a post.