Clean Water Current

Does the release of a pollutant that reaches groundwater and thereafter enters a Clean Water Act (CWA) jurisdictional surface water constitute a “point source” discharge, thus triggering the requirement for a CWA National Pollutant Discharge Elimination System (NPDES) permit? On November 30, the U.S. Supreme Court will determine if it should weigh in on this issue.

NACWA’s Water Quality Committee held a conference call on November 9 to discuss new issues and updates on a variety of key water quality issues around the country. The Committee highlighted one issue in particular — California’s statewide toxicity provisions and the 2018 Draft Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries; and Toxicity Provisions. The California State Water Resources Control Board (State Water Board) is proposing to adopt statewide numeric water quality objectives for acute and chronic toxicity that would apply to all inland surface waters.

The US Environmental Protection Agency (EPA) recognized 30 clean water infrastructure projects last week for excellence and innovation within the Clean Water State Revolving Fund (CWSRF) program, and NACWA members were among the honorees.

The U.S. Department of Justice (DOJ) released a memo last week setting specific new parameters on how the federal government may enter into consent decrees with local governments. While the memo has sparked some controversy, it also provides an important new document that publicly owned clean water utilities should be aware of when discussing enforcement issues with the federal government.

During its quarterly meeting with water sector partners, EPA’s Water Security Division outlined the risk assessment and emergency response plans required of drinking water utilities in the America’s Water Infrastructure Act of 2018, which was signed by President Trump on October 23. The comprehensive Act includes funding stipulations for the state revolving funds and extends the authorization for the Water Infrastructure Finance and Innovation Act (WIFIA).

NACWA presented at the Water Environment Horizon Conference, co-sponsored by Water Environment Association of Texas and Texas Association of Clean Water Agencies, in Austin, Texas on November 8. The Association provided a national update on NACWA’s legislative, regulatory, and legal advocacy efforts, including recent work on affordability, integrated planning, blending, and Clean Water Act liability for discharges into groundwater.

NACWA provided written comments to EPA on October 31 regarding the Agency’s development of a proposed rule on peak wet weather flow blending. The comments emphasized the public health and environmental benefits of treating all wet weather flows at the treatment plant with blending and reducing upstream overflows and basement backups.

The Low-Income Water Customer Assistance Programs Act (S.3564) was formally unveiled October 31 at a press conference in Baltimore by Sen. Cardin (D-MD). Baltimore Director of Public Works Rudy Chow, a NACWA Board Member, spoke at the event alongside Sen. Cardin, Baltimore Mayor Catherine E. Pugh, and other local officials and stakeholders. Sen. Cardin and his Republican cosponsor, Sen. Wicker (R-MS) issued a joint press release to mark the occasion.

The National Council for Public-Private Partnerships (NCPPP) teamed up with EPA on November 1 to hold a one-day symposium tailored to understanding how public-private partnerships (P3s) can be an effective means of leveraging resources and funding opportunities for municipal stormwater infrastructure.

Department of Energy Secretary Rick Perry kicked off the 2018 American Water Summit on October 25 by announcing a “grand challenge” to spur innovation in the water-energy nexus space through competition. Though few details were provided, NACWA was expecting the announcement and had worked with its water sector partners for weeks to help craft the component of the grand challenge that applies to wastewater.

NACWA spearheaded a letter sent Oct. 29 to Sen. Ben Cardin (D-MD) and Sen. Roger Wicker (R-MS) in support of their recent bipartisan legislation to pilot a federal low-income water assistance program. The letter was signed by a broad coalition of municipal, water sector and engineering organizations.

NACWA, the American Water Works Association (AWWA), and the Water Environment Federation (WEF) held a one-day facilitated stakeholder meeting October 29 on the important and ongoing national discussion on water affordability. The meeting, held at Alexandria Renew Enterprises, attracted over thirty individuals representing a variety of stakeholder perspectives including community advocates, consumer advocates, financial experts, environmental groups, and federal regulators from the U.S. Environmental Protection Agency (EPA).

NACWA participated last week in the Fall Workshop of the Connecticut Association of Water Pollution Control Authorities (CAWPCA), which is an association organized to develop, improve and enhance the knowledge and understanding of publicly owned or operated water pollution control and wastewater management entities in the State of Connecticut, and to improve the quality of the services provided to the public.

EPA held the second of three public listening sessions on its planned peak flow/wet weather blending rulemaking on October 24, hosted at its Region 7 headquarters facility in Lenexa, Kansas. Similar to the first public listening session held on October 16 in Washington, DC, the Kansas one featured a mix of speakers representing municipal utilities and state regulators.

The New England Regional Pretreatment Coordinators Association (NERPCA) held its annual workshop October 24-25, with over 150 attendees from public clean water utilities and state regulatory agencies. The workshop provides an opportunity for pretreatment professionals to learn about regulatory updates, hear case studies from other utilities, and network with one another. NACWA’s Director of Regulatory Affairs, Cynthia Finley, provided an update on recent NACWA activities, particularly related to wipes and emerging contaminants.

New legislation has been introduced led by Sens. Cardin (D-MD), Wicker (R-MS), and Stabenow (D-MI) to establish a pilot federal assistance program for water ratepayers. S. 3564, the Low-Income Water Customer Assistance Programs Act of 2018, fleshes out a concept proposed by NACWA several years ago, suggesting that – similar to the energy sector’s Low Income Household Energy Assistance Program (LIHEAP) – there may be a role for the federal government to offer assistance to communities and low-income ratepayers in paying water and sewer rates.

Despite Congress being adjourned until after the November mid-term elections, House and Senate conference committee negotiations continue among Congressional staff on the 2018 Farm Bill. Many in Congress remain hopeful that a final bill can be brought to a vote before the end of this Congressional Session in December.

The Congressional Budget Office (CBO) has released a report, entitled Public Spending on Transportation and Water Infrastructure, 1956 to 2017, which provides information on spending by federal, state, and local governments for transportation and water infrastructure. The report highlights important trends. In addition to presenting data on outlays for various types of infrastructure, the reports also examine spending in terms of two broad categories—spending for capital and spending for operation and maintenance.

The National Network on Water Quality Trading released a new report on October 15 entitled, Breaking Down Barriers: Priority Actions for Advancing Water Quality Trading. As a member of the National Network, NACWA and its members participated in a series of meetings and interviews that the Network conducted to better understand why there haven’t been more water quality trading programs to date.

California became the latest state to pass pharmaceutical take-back legislation with SB 212 Solid Waste: Pharmaceutical and Sharps Waste Stewardship, which was signed into law by Governor Jerry Brown. NACWA and many of its California public member agencies signed a letter of support for this legislation to establish a producer-funded take-back program for the disposal of pharmaceuticals and sharps used in homes.