August 21, 2015
NACWA Takes Message of Advocacy, Collaboration to California
The Association brought its advocacy message to the 60th Annual Conference of the California Association of Sanitation Agencies (CASA) this week – where the theme was collaboration in order to bring about a viable watershed approach. NACWA CEO Adam Krantz spoke to CASA’s Utility Leaders Committee on Wednesday about the Association’s work on the Water Resources Utility of the Future (UOTF), and the assistance it received from CASA and its members in drafting the soon-to-be-released UOTF Annual Report. Krantz also addressed the plenary session Thursday as part of an ideas panel on bringing about a viable watershed approach – discussing the need for amendments to the Clean Water Act to add flexibility and an acceptance of risk; integrated planning and affordability concerns; and, the need to empower utilities as co-regulators with the state and federal authorities.
Demonstrating the significant collaboration in the water sector, both CASA's President Dave Williams and Executive Director Bobbi Larson consistently acknowledged the importance of their association’s relationship with NACWA. Ed McCormick, Water Environment Federation President, spoke to the need to build on the already strong relationship among the organizations, as did NACWA Member Agencies and groups like The Freshwater Trust, which also presented at the conference.
Hagekhalil Calls on Membership to Join Great Lakes Advocacy Efforts
NACWA President, Adel Hagekhalil, sent a message this week calling on Member Agencies to join the Association’s advocacy efforts to block Section 428 of the Senate’s FY16 EPA appropriations bill, which has the potential to eliminate all sewer overflows to the Great Lakes. The provision would ban overflows done consistent with a NPDES permit and/or a combined sewer overflow (CSO) long-term control plan and also severely limit or prohibit the use of blending as a wet weather management tool. Although the provision targets the Great Lakes, this is an issue for all clean water agencies because this language would establish dangerous precedent for municipal dischargers nationwide – and embolden other states and groups to pursue similar “zero overflow” standards and attacks on blending.
“We must all work together to defeat this attempt to gut long-standing clean water policy and impose catastrophic rate increases on municipal ratepayers. As I said on the first day I became President, NACWA is a family and we are all in this together – we must therefore all advocate together and defend our common interests.” said Hagekhalil.
NACWA has actively engaged Members and staffers on Capitol Hill, as well as other key stakeholders including the U.S. Conference of Mayors and the National League of Cities about this issue, but needs help to spread the message even further in local communities. As Hagekhalil puts it, “…while we are working hard in Washington, we also need your help at home in your local communities. Members of Congress are currently on recess, so take this opportunity to contact your members of Congress while they are home in their districts and express your concern about this irresponsible legislative approach.”
Specifically, if you are a direct or indirect discharger to the Great Lakes, please fill out this survey to help NACWA gather compliance cost data for this provision. NACWA has also put together a resource page, including a fact sheet and a template letter, to assist in your outreach.
Next week the Association will join with the Water Environment Federation (WEF) to co-host a complimentary webcast on the policy rider on Wednesday, August 26 at 1:00 pm Eastern. Analysis and recommendations will be given by WEF and NACWA staff on actions the public can take to oppose the proposed policy rider. All Member Agencies are strongly urged to register for the webcast.
WEF, NACWA Collaborate to Comment on EPA’s Coliphage Literature Review
The Water Environment Federation (WEF) led an effort with WEF and NACWA members to develop technical comments  on EPA’s recent literature review conducted in support of the Agency’s efforts to develop a water quality criterion for viruses. NACWA has been closely tracking EPA’s efforts to develop the criterion using coliphage, a type of bacteriophage, as a viral indicator. The Association has raised a number of concerns with EPA – and has urged the Agency to be more transparent in its criterion development process. EPA released the literature review for comment, something it would not have normally done, and WEF’s committees took the lead on compiling in-depth, technical comments. NACWA and WEF will meet with EPA in the coming weeks to discuss the comments.
In a related development, EPA announced this week that it will provide an update on its criterion development work for coliphage in an October 15 webcast. NACWA will participate on the webcast, but encourages its members interested in the issue to do so, as well. The webcast is slated for 2:00 pm Eastern on October 15 and members interested in participating should contact EPA’s contractor via email at
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with “Coliphage Webinar” in the subject line. List your name, place of work, and number of people attending.
Congressional Criticism of Clean Water Rule Continues
This week, Senator James Inhofe (R-Okla.), Chair of the Senate Environment & Public Works Committee sent a letter to EPA and the U.S. Army Corps of Engineers questioning whether the final Clean Water Rule will “regulate not only current streams and wetlands, but land where streams and wetlands may have existed long before the enactment of the Clean Water Act.”
The final rule was released on May 27 and will become effective August 28. The rule defines the scope of Clean Water Act (CWA) jurisdiction. It is currently being legally challenged in at least 14 cases by industry representatives, environmental groups, and 29 states.
Inhofe’s letter focuses on concerns related to municipal sewer and stormwater systems that were constructed in streams: “Under your radical expansion of federal regulatory authority, these sewer and stormwater systems could now be regulated as waters of the United States, precluding their use to protect the public health and welfare of city residents."
EPA responded to Inhofe’s letter by pointing to a fact sheet stating that "the Clean Water Rule does not change policy on stormwater" and the rule's preamble, which states that the "longstanding practice is to view stormwater control features that are not built in 'waters of the United States' as non-jurisdictional."
The rule, however, repeatedly limits the stormwater exemption to features and structures created in and on dry land: “A key element of the exclusion is whether the feature or control system was built in dry land and whether it conveys, treats or stores stormwater.”
Since EPA first began work on the rule, NACWA has focused its attention on maintaining the current exemptions for wastewater treatment systems and ensuring that municipal separate storm sewer systems (MS4s), green infrastructure and recycled water projects were not incidentally regulated as jurisdictional waters. While the final definition of ‘waters of the United States’ maintains the key elements NACWA has fought to preserve, the Association is closely monitoring how the final rule is implemented to ensure that the spirit of these critical exemptions are honored by the regulatory agencies.
Advocacy Alert 15-09  provides additional detail on the content of the final rule. In addition, NACWA’s next Hot Topics in Clean Water Law Web Seminar will include an update on the rule, as well as a summary of the litigation and Congressional opposition to the rule. The Web Seminar is free for members and will be held on September 16, at 2:00 pm Eastern.
PWSA Green Infrastructure Grant Program Draws Praise
Last week, the Pittsburgh Water & Sewer Authority (PWSA) announced the award of $250,000 in grant money to 17 projects through its inaugural Green Infrastructure (GI) Grant Program. According to PWSA, the GI Grant Program will help boost the local market for GI design and installation services, increase public awareness of GI benefits and stimulate economic development. Moreover, the Program supports PWSA’s overall wet weather strategy to improve water quality by proposing the use of GI and integrated watershed management to assist in the control of combined sewer overflows as the first step of a broader adaptive management plan.
On August 16, PWSA received well-deserved praise from the Editorial Board of the Pittsburgh Post-Gazette: “Applause is due the Pittsburgh Water and Sewer Authority, which is awarding $250,000 in grants to support green initiatives that help manage storm water.”
Earlier this year, the Pennsylvania Department of Environmental Protection (PADEP) granted an 18-month extension of a state consent order issued to Pittsburgh and 79 nearby municipalities that was set to expire on March 30 so that a study could be conducted to examine the feasibility of GI source control options. In order to ensure that these GI plans are coordinated, PWSA is taking the lead in working with other affected entities to develop a single, comprehensive plan. NACWA’s 2015 Wet Weather Consent Decree Handbook: Negotiation Strategies to Maximize Flexibility & Environmental Benefit provides more information about wet weather decrees (e.g., the Pittsburgh PADEP decree is referenced in Section IV.K. Green Infrastructure and Low Impact Development).
NACWA has been at the forefront of efforts to advocate for the use of GI as a component of sustainable wet weather management and the Association applauds both PWSA and the Allegheny County Sanitary Authority (ALCOSAN) for their innovative approach to address the Pittsburgh region’s wet weather issues.
On a related note, NACWA is working with EPA and other members of the Green Infrastructure Collaborative to plan a National Green Infrastructure Learning LAB in the fall. The Collaborative was formed in October 2014 when EPA joined with federal agencies, non-governmental organizations, and private-sector entities to create a network to help communities more easily implement GI. More information about the Learning LAB will be provided soon. Questions about the Collaborative can be directed to
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, 202/533-1839.
Urgent National Issues the Focus of Legal Webcast
The next NACWA Legal Hot Topics Web Seminar will be held on September 16 from 2:00 – 3:15 pm Eastern. The webcast will examine the recently proposed legislation prohibiting Great Lakes overflows and blending, which, if enacted, will have severe economic ramifications on utilities whose discharges reach the Great Lakes. The legislation may also set national precedent on overflows and peak wet weather flow management practices. This is a matter of great urgency and is currently the top legislative priority for NACWA.
The web seminar will also feature an update on the recently released final Clean Water Jurisdiction Rule . A summary of the litigation that has been filed challenging the rule as it relates to municipal clean water utilities, and Congressional opposition to the rule, will also be discussed.
The webcast will close with a discussion of the Obama Administration’s final Clean Power Plan that seeks to reduce carbon emissions from power plants. The discussion will highlight potential impacts on POTWs, as well as opportunities for the clean water sector.
Registration is complimentary. Additional information on each topic is available on NACWA’s website.
WaterFire Artist Seeks to Revitalize Cities
 WaterFire Providence artist and Executive Artistic Director, Barnaby Evans, was delighted to meet so many NACWA members at the Association’s Utility Leadership Conference & 45th Anniversary Annual Meeting in Providence in July. Evans was particularly impressed by NACWA members’ commitment “to making our nation’s water cleaner” and their appreciation of Providence’s rivers being featured at the center of a transformative work of art. In response to inquiries from those attending, Evans has followed-up with the Association to share his interest in working with other communities on new sites. WaterFire is a trademarked and copyrighted work of art, but Evans is eager to explore new ways to help revitalize our nation’s cities. Those interested may contact him at
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or via cell at 401/641-2470.
 
Being a Utility of the Future is being the Change We Wish to See
Guest blogger, NACWA Board Member and Executive Director & Chief Engineer of the Camden County Municipal Utilities Authority, Andy Kricun, discusses how clean water utilities should go beyond conventional clean water discharge permit responsibilities to do more to make a positive difference for the environment and, most importantly, for people as well. Read on for more of Andy’s thoughts on the utility of the future – and its role in making a meaningful difference as an environmental advocate and community anchor.
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