Member Pipeline - Fax Alerts - June 20, 2003
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June 20, 2003
AMSA Victorious in Nonpoint Pollution Case
The U.S. Supreme Court this week upheld the Ninth Circuit Court’s decision subjecting nonpoint source polluters to total maximum daily load (TMDL) requirements. In this landmark water quality case, Pronsolino v. Nastri, the Ninth Circuit Court found that impaired waters, whether impaired by point sources, nonpoint sources, or a combination of both, should be listed and subject to TMDLs under the Clean Water Act. AMSA has been actively involved in the case, presenting an oral argument before the District Court, supporting the U.S. Department of Justice in moot court sessions for the Ninth Circuit hearing, and issuing written briefs in the various proceedings. The TMDL program would have been seriously undermined by a decision excluding nonpoint sources from its requirements and this case marks an important step toward full nonpoint participation in achieving the nation’s clean water objectives. More information on this important case was forwarded to members earlier this week via a Special Edition FaxAlert, which can be found on AMSA’s web site at http://www.amsa-cleanwater.org/private/faxalerts/061703se.cfm.Search for EPA Administrator to Slow Blending Guidance, SSO Rule
With Christine Todd Whitman, current Administrator of EPA, set to leave her post on June 27, the search for her replacement is currently underway. It has been reported that Dirk Kempthorne, the Republican Governor of Idaho, is the current frontrunner for the post. If a replacement is not named by June 27, Linda Fisher, EPA’s deputy administrator, would become the acting administrator, giving President Bush 210 days to nominate a successor under the Vacancies Act of 1998.AMSA has learned that EPA is unlikely to issue its blending guidance until a new Administrator takes office, and will use the interim period to study the blending issue further. Because it is EPA’s current stance that a national blending guidance must be established before issuing a sanitary sewer overflow (SSO) rule, the delay on blending will likely further delay issuance of an SSO rule. AMSA, through its Wet Weather Issues Committee, has been very active in voicing the POTW position on SSOs and blending and will use the coming months to reemphasize the need for common-sense wet weather programs. AMSA will also participate in a June 24-25 stakeholder meeting to discuss EPA’s progress on its CSO/SSO Report to Congress, which will focus on the potential nexus between overflows and waterborne illness. AMSA will provide members with further information on wet weather developments in future Alerts and Updates.
Apply for AMSA’s New Excellence in Management Awards!
AMSA is pleased to announce a new awards program recognizing public agency members that have implemented successful management programs over a continuous three-year period that address the range of management challenges faced by public wastewater utilities in today’s competitive environment. The deadline to apply for AMSA’s new Excellence in Management Recognition Program is July 31, 2003. Eligible management programs should have demonstrated continuous improvements in efficiency and effectiveness in wastewater service delivery, such as environmental quality, system capacity and reliability, operations and maintenance, asset management, technology, human resources, finance, rates management and customer relations are eligible to submit an application for this honor. Excellence in Management honorees will be recognized with a certificate of achievement during AMSA’s 2004 Winter Conference. Application instructions for the recognition program will be distributed soon via Member Update 03-11, and this information will be available soon on AMSA’s website at www.amsa-cleanwater.org.