After a long mid-term election season, last week’s election results produced what most polling had predicted: a takeover of the House of Representatives by Democrats and a strengthening of Republican control of the Senate. This outcome will present the first time that there will be a party split between the two congressional chambers since 2014.

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.