» Clean Water Current Archive

November 14, 2013

Utility of the Future Partners Discuss Preliminary Energy Analysis

NACWA met last week with the Water Environment Research Foundation (WERF) and the Water Environment
Federation (WEF) to discuss the preliminary results of the WERF Utility of the Future Energy Analysis study. The study, which received support from NACWA’s Targeted Action Fund (TAF), will define the amount of energy that could be produced by public clean water agencies in the U.S. – and quantify the costs of producing this energy. The data will inform NACWA’s advocacy efforts, with Congress, EPA, and the Department of Energy (DOE), to seek support for the energy efficiency and production initiatives of its public agency members.

The study analyzes the processes used at public clean water agencies and the chemical, biological, and kinetic sources of energy in wastewater – and considers the modifications that can be made to facilities to tap these sources. Only facilities greater than 5 MGD are being included in the study, which also compares the cost of energy produced at the plant to other energy production sources. The preliminary results suggest that significant energy savings for the wastewater sector could be achieved with targeted modifications at approximately 90 POTWs.

The study will be completed by the end of the year. NACWA, WEF and WERF will then consider how the results can be best used to promote the Water Resources Utility of the Future initiative’s energy objectives.

NACWA Files Amicus Brief in Ohio Stormwater Case; Court Rules in Missouri Case

NACWA joined the Association of Ohio Metropolitan Wastewater Agencies (AOMWA) this week in filing an amicus brief in an appeal to the Ohio Supreme Court of the September 26 state appellate court ruling that NACWA member Northeast Ohio Regional Sewer District (NEORSD) had no authority to enact its Regional Stormwater Management Program (SMP). The Court further held that NEORSD lacked requisite authority under state statute, or the District’s Charter, to enact a stormwater fee and is enjoined from implementing, levying and collecting such a fee. NACWA’s brief underscores how the Court’s rejection of NEORSD’s SMP has broad implications that may hinder the ability of wastewater utilities statewide to address stormwater runoff, stating that “[w]ithout the ability to manage stormwater, Ohio’s wastewater utilities already grappling with challenging and costly federal consent decrees and Clean Water Act requirements will lose a valuable set of tools for sustainable, affordable compliance.”

Moreover, NACWA’s brief highlights the importance for clean water agencies in Ohio – and nationwide – to sufficiently fund stormwater and other wet weather management programs that are necessary to meet federal enforcement orders. In addition to regulatory compliance challenges, utilities that have their funding mechanisms inappropriately struck down by courts may be unable to manage runoff that threatens to overwhelm sewers, flood basements, wash out roads, and damage habitats in rivers and streams. More information on the litigation can be found on the Association’s Litigation Tracking webpage.

Court Issues Decision in Missouri Litigation

In a related development this week, the Missouri Supreme Court issued a decision Nov. 12 upholding a lower court ruling that invalidated the stormwater fee program administered by NACWA member the Metropolitan St. Louis Sewer District (MSD). The court determined through a detailed analysis that MSD’s contested stormwater user charge qualified as a tax and not a user fee under Missouri state law, and further determined that the charge was invalid because it had not been put to a voter referendum as required by Missouri law. NACWA, and a number of other municipal groups, filed an amicus brief supporting MSD’s efforts to have the state supreme court overturn the lower court decision. While NACWA is disappointed with this week’s ruling, the Association will continue to aggressively defend municipal storwmater fee programs in the judicial arena.

Legislation Reintroduced to Promote Use of Innovative Stormwater Infrastructure

Senator Tom Udall (D-NM) and Representative Donna Edwards (D-MD) re-introduced legislation on Tuesday to provide critical support to innovative stormwater strategies and improve our ability to effectively manage polluted runoff and sewage overflows, while relieving pressure on aging infrastructure. S. 1677/H.R. 3449, The Innovative Stormwater Infrastructure Act of 2013 (formerly known as The Green Infrastructure for Clean Water Act), would promote the use of innovative stormwater infrastructure, provide implementation grants for community-based stormwater control projects, and establish up to five Centers of Excellence throughout the country to conduct research, develop recommendations, and provide training and technical assistance for implementing management practices for stormwater control and management. NACWA has been working with other allied organizations, including American Rivers, the American Society of Landscape Architects (ASLA), National Resources Defense Council (NRDC), and the Water Environment Federation (WEF) to provide technical assistance to the bill’s sponsors. The Association will continue efforts with this coalition to garner broad and bi-partisan support. NACWA has issued a press release and posted a blog about the bills on The Water Voice. The Association will provide updates as they become available.

NACWA, NYWEA Host Integrated Planning Workshop

The New York Water Environment Association (NYWEA) partnered with NACWA to co-host an Integrated Planning (IP) Workshop on Wednesday in Albany for public agencies across New York State. The Workshop marks the sixth in a series of IP nationwide workshops. It is clear that communities and regulators are increasingly well-informed about IP, as illustrated by the specific and productive conversation between utility leaders, New York Department of Conservation (DEC), EPA Headquarters, and Region 2 staff.

The Workshop began with New York utilities expressing their interest in IP, and describing where they see opportunities for their communities to take advantage of the Integrated Planning Framework in the face of reduced budgets and increased focus on resiliency in the aftermath of Hurricane Sandy. EPA staff elaborated on how their ongoing work to modify their Financial Capability Assessment Framework, which they plan on distributing in draft form sometime in late December, may affect the affordability component of an integrated plan. DEC and the communities acknowledged that unique clean water financing limitations in New York State, including certain restrictions on the formation of stormwater utilities and a 2% tax cap, may complicate the implementation of IP – but also potentially make it more beneficial. Unlike previous workshops, most of the conversation focused on how IP would work within a permit context, as opposed to the enforcement context. It was a unique opportunity for all the IP stakeholders to ask tough questions and work through the details of how IP may apply to their specific circumstances and situations.

NACWA appreciates the many attendees who joined us, and will continue to work with the Association of Clean Water Administrators (ACWA), the Water Environment Federation (WEF), EPA, regional partners, and our members to plan workshops in the remaining EPA regions. Information on upcoming workshops will be made available as they are scheduled on NACWA’s website.

NACWA Calls on Members to Complete 2013 Index Survey

Data collection for the 2013 NACWA Index survey is now underway.  This week, the Association began sending out utility-specific survey questionnaires to all public agency members, requesting responses by December 31.  NACWA public agency member primary contacts will receive an email by Friday, November 15 with an individualized questionnaire, which should take less than 15 minutes to complete.  The annual Index survey is one of the most-quoted resources on the costs of sewer services, and is relied upon by wastewater agencies and a wide array of policymakers and experts.  The survey can be completed online at http://www.cleanwatercentral.org/logon.asp) or via hard copy.  For more information on the survey and directions for submitting your response, contact Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

See You in San Antonio!

NACWA is looking forward to seeing our Board Members and committee leadership at the 2013 Fall Strategic Leadership Retreat & Board of Directors Meetings and our members at the 2013 National Clean Water Law Seminar both taking place in San Antonio next week. Travel safely!