Clean Water Current Archive

February 22, 2008

NACWA Advocates on Funding, Green Infrastructure, Climate Change

NACWA met yesterday with senior staff of the Senate Environment and Public Works (EPW) Committee to push for the introduction of legislation to reauthorize the Clean Water State Revolving Fund (CWSRF).  The legislation has been delayed by the recent departure of a key Republican staff member, who had been instrumental in drafting the bill.  The Senate hopes to introduce a bill soon after a new staffer comes on board, which could be in the next month or so.  Because the Senate EPW also has jurisdiction over drinking water — unlike its counterpart in the House — the reauthorization of the Drinking Water SRF will be considered simultaneously and will either be addressed as a separate title in the bill or as a separate bill that will move with the CWSRF legislation. The Davis-Bacon prevailing wage provisions and the allocation formula for distributing funds are anticipated to again be challenges with the Senate bill.

NACWA, who was joined by representatives from American Rivers and the Association of State and Interstate Pollution Control Administrators (ASIWPCA) at the meeting, also urged staff to clarify in the bill that green infrastructure projects qualify for SRF funding and sought provisions to create incentives for CWSRF applicants to use green infrastructure techniques as a way to address clean water challenges.  The discussion reflected a letter NACWA sent to the committee Jan. 28 on these issues.  NACWA also requested language in the bill calling for a Government Accountability Office (GAO) study on revenue sources for a trust fund to support ongoing efforts underway in the House.  While language for study may not be included in the bill, a letter from Democratic leaders in the Senate EPW is being considered.

NACWA also met yesterday with staff of the Senate EPW Subcommittee on Transportation Safety, Infrastructure Security, and Water Quality on sewer overflow notification legislation and other bills.  NACWA discussed its work with American Rivers to find common ground on the bill introduced in the House (see February Legislative Update).  The Senate subcommittee is interested in having a hearing this spring on the issue and anticipates using the House bill as its starting point.

Climate change is also high on the list of priorities for both the Senate EPW Committee and the subcommittee, which is chaired by Sen. Frank Lautenberg (D-N.J.) who has expressed a strong interest in studying the link between climate change and its potential effects on water resources.  NACWA has been working aggressively to articulate the important message that climate change is less about air quality and more fundamentally about water.  Lautenberg is considering a hearing this spring that will focus on the link between climate change and water.  NACWA requested an opportunity to testify at this hearing.

NACWA, WEF Mount Aggressive Campaign to Get NBP Funds Restored

NACWA has been working with the Water Environment Federation (WEF) to meet with congressional staff and alert members of the clean water community to urge their representatives in Congress to support funding for the National Biosolids Partnership (NBP).  For the second year in a row, the NBP did not receive its funding, which typically amounts to about $1 million annually.  A letter to Reps. Norm Dicks (D-Wash.) and Todd Tiahrt (R-Kan.), the chair and ranking member, respectively, of the House Appropriations Subcommittee on Interior and Environment, is being circulated to gather signatures of other members of Congress urging that this critical funding be restored.  NACWA contacted several of its key  member agencies knowledgeable about the value of the NBP and worked with them to send letters urging their representatives to sign on to the letter to Dicks and Tiahrt.   In addition, NACWA’s Board of Directors approved a resolution at its meeting during the Association’s Winter Conference in Phoenix calling on Congress to restore the $1 million in NBP funding.  NACWA members who are involved in and/or are supportive of the NBP can find a template letter of support for more funding to send to their representatives in Congress on the Association’s website.

U.S. Supreme Court Decides Not to Review Healdsburg Decision

The U.S. Supreme Court decided this week not to review an appeals court decision in City of Healdsburg v. Northern California River Watch, which determined that a wastewater percolation pond should be considered a “waters of the United States.”  The August 2006 decision by the U.S. Court of Appeals for the Ninth Circuit was an early attempt to interpret the Supreme Court’s ruling in Rapanos v. United States, which did little to clarify the extent of Clean Water Act jurisdiction.  The Healdsburg case examined whether a manmade wastewater treatment percolation pond was a “waters of the United States” subject to regulation under the Clean Water Act.  The Ninth Circuit relied exclusively on Supreme Court Justice Anthony Kennedy’s “significant nexus” test from the Rapanos case in holding that the city must have a National Pollutant Discharge Elimination System (NPDES) permit to discharge to the pond because of its hydrological relationship to the Russian River, an undisputed navigable water of the United States.  As a result of the Supreme Court’s action this week, the resolution of Healdsburg will stand as decided by the Ninth Circuit.

In 2004, NACWA joined the California Association of Sanitation Agencies (CASA) and the Association of California Water Agencies (ACWA) in an amicus brief supporting the City of Healdsburg’s position before the Ninth Circuit.  Many following the issue had hoped the Supreme Court would use Healdsburg to clarify the waters muddied by Rapanos.

NACWA, Stakeholders Meet With EPA on Research Plan for Recreational Water Criteria

NACWA met with EPA and other stakeholders this week to discuss the Agency’s planned research for developing new recreational water quality criteria.  Driven by recent litigation in Natural Resources Defense Council (NRDC) v. EPA, the Agency’s Critical Path Science Plan outlines the research needed for new or revised recreational water quality criteria for all waters, including inland rivers, lakes and streams, that are not covered by the Beaches Environmental Assessment and Coastal Health (BEACH) Act.  NACWA members highlighted the need for transparency during the Agency’s planned data collection effort set for 2008-2010 and the criteria development phase, which is scheduled to happen in 2011 - 2012, including providing access to all the raw study results as they become available, not just the aggregate information EPA might release with its analysis of the data.  State regulators at the meeting echoed NACWA comments that EPA must begin discussions with stakeholders on the level of protection they hope to achieve with the new criteria — for example, the level of risk associated with swimming that the Agency is willing to accept.  NACWA will continue to monitor EPA’s efforts to develop new criteria by tracking how it implements its science plan and by remaining active in the BEACH Act litigation.

Save the Date for NACWA/WEF National Clean Water Policy Forum in Washington, D.C.

NACWA and the Water Environment Federation (WEF) are joining forces again this year on the National Clean Water Policy Forum in Washington, D.C., May 4-7, at the Renaissance Mayflower Hotel.  The conference is well-timed as the 2008 presidential campaigns will be in full-swing. Congressional elections will be gearing up as well, producing results that may directly affect the clean water community.  In fact, the impacts to the clean water community have been significant with a greater congressional focus on legislation addressing clean  water issues, including funding, Clean Water Act jurisdiction, sewer overflow notification, chemical security, and climate change.

NACWA and WEF have organized several featured presentations and discussion opportunities at the Policy Forum, including a keynote address from Stuart Rothenberg, editor and publisher of The Rothenberg Political Report, a non-partisan political newsletter and columnist for Roll Call, Capitol Hill's newspaper.  He will provide insight on the election process and how the results could impact the nation and the clean water community.  The conference will also feature informative Issue Forums, one with leaders from national organizations representing municipal and state interests and another with key leaders from environmental groups, providing an opportunity to discuss shared priorities and potential collaborative initiatives with these key stakeholders.  Additionally, the Utility Executives Forum will return, building on last year’s session where top utility leaders enjoyed the opportunity to discuss among their peers the issues of greatest concern to them and how the national associations, including NACWA and WEF, can help them meet their objectives. NACWA members should have received a “Save-the-Date” postcard.  An initial agenda and registration material will be made available early next week on the Association’s Conferences and Meetings webpage.