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To: Members & Affiliates, Legal Affairs Committee
From: National Office
Date: February 19, 2009
Subject: RELEASE OF 2009 CONSENT DECREE HANDBOOK SUPPLEMENT
Reference: Legal Alert 09-01

 

NACWA is pleased to announce the release of its 2009 Municipal Wet Weather Consent Decree Handbook Supplement icon-pdf, providing the most up-to-date information and analysis of municipal wet weather consent decrees.  The Supplement is designed to be used in conjunction with NACWA’s existing 2003 Municipal Wet Weather Consent Decree Handbook and 2006 Supplement.  Taken together, these three publications serve as a valuable resource for publicly owned treatment work (POTW) attorneys, managers, and staff to use during negotiations over federal or state enforcement actions.  They cover a variety of topics including strategies to maintain municipal autonomy in an enforcement settlement, leveraging POTW expertise in negotiations, and techniques to integrate legal obligations and deadlines in daily municipal operations.  The 2009 Supplement covers municipal wet weather consent decrees entered between 2006 and 2008, providing information on recent trends and a breakdown of key terms and requirements.   Specific components of select municipal decrees are analyzed in the Supplement and an informational appendix is included at the end summarizing all the decrees.   Additionally, electronic copies of the actual consent decrees are posted on NACWA’s website, allowing NACWA members access to the most comprehensive collection of municipal consent decrees.    This on-line “e-library” of decrees is regularly updated and is a valuable resource on the NACWA webpage (www.nacwa.org).  It can be found on the Legal Resources page of the Membership Pipeline.  

The 2009 Supplement was produced by NACWA Legal Affiliate Squire, Sanders & Dempsey L.L.P. and funded through the Association’s Targeted Action Fund (TAF).  NACWA is pleased to make this document available free to Association members by clicking here icon-pdf or downloading it from the Membership Pipeline on NACWA’s website.   Copies of the original 2003 Handbook and the 2006 Supplement are also available free of charge to Association members on the Publications page of NACWA’s website.