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NACWA is providing this Alert to urge members to contact their Congressional delegations to ask that they support enacting legislation during the Lame Duck session to require the Federal government to pay local stormwater fees.

S. 3481, a bill that would amend the Clean Water Act to clarify federal responsibility for stormwater pollution control, passed the Senate Environment and Public Works Committee unanimously in June and is ready for action by the full Senate.  A companion House bill, H.R. 5724, is also ready for action.  Similar language is contained in S. 1816, the Chesapeake Clean Water and Ecosystem Restoration Act, which is awaiting final action by the full Senate as part of an omnibus bipartisan Public Lands, Waters, and Wildlife package.

The legislation is necessary to reverse decisions like the Government Accountability Office’s (GAO) September decision finding that federal facilities located in the District of Columbia can claim sovereign immunity and do not have to pay for stormwater fees levied by the District of Columbia for stormwater management services as required by the District’s federally issued stormwater permit.  This decision will cost the City in excess of $2.64 million annually, representing 20% of the total cost of stormwater management services provided by the District.

The GAO decision follows similar findings in other parts of the country in which the federal government agencies have refused to pay local municipalities for stormwater management services.  These agencies include the U.S. Forest Service in Washington State, Department of Defense installations in Texas and federal installations in the States of Tennessee and Kentucky, claiming these fees amount to unconstitutional taxation by local authorities.  NACWA has heard from our members in several additional states that are experiencing similar resistance, including Colorado, Florida, Georgia, Ohio, Oregon and Virginia.

Please contact your Congressional delegation to ask that they support enacting legislation this year during the Lame Duck session.  Click here for a draft letter that you can use to contact your member.

If you have questions, please contact Pat Sinicropi, NACWA Legislative Director, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or John Krohn, NACWA’s Legislative Manager, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .