(November 20, 2020) – NACWA filed comments this week supporting the US Army Corps of Engineers’ (Corps) proposal to establish new streamlined Clean Water Act Section 404 permits for the construction, maintenance and removal of water and wastewater infrastructure and water reclamation and reuse facilities.
The Corps proposed for the first time in its nationwide permit (NWP) package to separate activities conducted in “waters of the United States” related to water pipes and pipelines from those associated with oil and natural gas pipeline and electric transmission line development. NACWA’s comments underscore how the availability of separate streamlined permits for clean water infrastructure and reuse activities would support key science and policy considerations and promote environmentally beneficial projects.
NACWA did, however, object to several other aspects of the proposal that could remove important environmental safeguards designed to ensure that use of the NWPs will not cause significant environmental harm. These provisions include the proposed elimination of limits on the linear feet of stream that may be impacted by activities authorized under specified NWPs, as well as the removal of certain pre-construction notification and compensatory mitigation requirements.
NACWA appreciates the input it received from several members concerning these comments. For any questions, please contact NACWA’s Chief Legal Counsel, Amanda Aspatore.