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Advocacy Alert AA 14-09

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To: Members & Affiliates, Legal Affairs Committee
From: National Office
Date: May 13, 2014
Subject:

NACWA RELEASES NEW CONSENT DECREE HANDBOOK, REVAMPED CONSENT DECREE E-LIBRARY WEBSITE

Reference: AA 14-09

NACWA is pleased to announce the release to the membership today of the Association’s new, completely revised Wet Weather Consent Decree Handbook, along with an updated and redesigned Consent Decree e-Library on the Association’s website. These two resources will provide NACWA members with unparalleled information, analysis, and strategies on wet weather enforcement issues including negotiation, renegotiation, implementation, and modification of wet weather enforcement orders and decrees. Whether currently negotiating an enforcement order, anticipating an enforcement action, or considering modification of an existing order, these new NACWA tools will provide invaluable assistance to the municipal clean water community.

Consent Decree Handbook

Completely rewritten and updated from cover to cover, NACWA’s new Handbook is entitled Wet Weather Consent Decrees: Negotiation Strategies to Maximize Flexibility & Environmental Benefit and will serve as the premier resource for the municipal clean water community when addressing wet weather enforcement issues. First published in 2003, NACWA’s original Handbook was extremely well-received and became one of the Association’s most popular publications. The new Handbook builds on the success of the original while also addressing the rapidly changing landscape of wet weather enforcement.

Central to the Handbook is an analysis of key provisions from existing municipal wet weather enforcement orders and consent decrees, with the goal of helping utilities negotiate the best decrees for their communities by understanding the types of agreements that others have already secured. As part of this analysis, the Handbook contains comprehensive summaries of major wet weather orders with highlights of unique or notable features. The document also includes a robust analysis and explanation of the major regulatory and legal documents that will form the framework of enforcement discussions, providing key insights to assist utilities during the negotiation process.

In addition, the updated Handbook includes new sections on the mechanics of the wet weather enforcement process; the best strategies to use new flexibilities like integrated planning, greater consideration of affordability concerns, and consent decree modification; and the types of emerging negotiation and implementation challenges that utilities will face. These discussions will provide key information and background, helping prepare and educate clean water utilities with the most up-to-date knowledge for all aspects of the wet weather enforcement process.

Consent Decree e-Library

Designed as a companion to the new Handbook, NACWA’s revised Consent Decree e-Library provides the most comprehensive collection of full municipal wet weather consent decree and enforcement orders. While the Handbook offers a snapshot and summary of these documents, the e-Library allows users to access the documents in their entirety for further review and analysis. Additionally, the completely redesigned site now provides users with more ways to search for decrees, including by EPA region, state, or search term. Users can even create their own unique search term or query by using a new “search box” function. This new functionality and search engine will make it even easier for users to find specific terms, concepts, and legal definitions included in decree documents, allowing for more tailored and productive searches. The e-Library includes both decrees that have been formally entered by courts as well as those that have been lodged but not yet entered, and also includes any amendments or modifications to existing decrees. The webpage includes instructions on how to best search for documents in the e-Library and also provides an opportunity for user feedback on the new design.

Powerful New Advocacy Tools

tafatworkTaken together, the revised Handbook and new e-Library will serve as the leading resource for the municipal clean water community on enforcement issues. NACWA is pleased to offer both to Association members free of charge as a benefit of NACWA membership. Developed with financial support from NACWA’s Targeted Action Fund (TAF), which is funded through the Association’s membership dues, the Handbook and e-Library represent NACWA’s continued commitment to providing its members with the most effective clean water advocacy tools and resources.

NACWA looks forward to making frequent updates to both the Handbook and e-Library in the future as new decrees are developed, and welcomes feedback on both resources at any time. Comments or feedback may be submitted to Amanda Waters at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We encourage members to periodically check NACWA’s website for updated versions of the Handbook.

 

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