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Advocates, Treatment Officials Should Work Toward Common Goals, NRDC Attorney Says

Despite their different views on the regulation of sewage treatment plants, environmental advocates and municipal wastewater officials should work together to meet common goals, a Natural Resources Defense Council attorney said May 25.
Speaking at a conference of the Association of Metropolitan Sewerage Agencies, Nancy Stoner, director of the clean water project for NRDC, said the two organizations "need each other" to push for the common goal of getting more funding for infrastructure.

Both groups want Congress to authorize a trust fund, similar to those that exist for highways and airports, to help pay for needed upgrades and repairs of water and wastewater infrastructure. The funding shortfall for water and wastewater infrastructure is estimated at between $535 billion and $1 trillion over 20 years, depending on which factors are included.

Wastewater treatment officials need environmental advocacy groups to get the word out to the public, and the groups need the political connections of an organization such as AMSA to reach lawmakers, Stoner said.


Two Sides Need Each Other

"AMSA can't get a trust fund without someone telling the public about sewage overflows and the need for treatment," she said, adding that on certain regulatory issues, the two organizations should just "agree to disagree."
Several AMSA officials differed with some of Stoner's presentation, saying environmental groups go too far in demonizing the industry to achieve their own ends.

A case in point is a report released by NRDC and the Environmental Integrity Project in February called Swimming in Sewage (33 DEN A-6, 2/20/04 ). The report outlines the problem of aging infrastructure and the sewer overflows, many of which the groups say would be avoided if wastewater utilities would improve their operation and maintenance. It goes on to accuse AMSA of downplaying the significance of "accidental or routine discharges of untreated sewage."

Lisa Hollander, assistant general counsel for the Northeast Ohio Regional Sewer District, said a collaborative working relationship involves respect for what each other does.

"You don't just need AMSA for its political connections," she said. "You need us because we're the ones doing the work."


Common Ground on Some Issues

Stoner said AMSA and environmental groups also could work together on such regulatory issues as the effluent limitation guidelines program. Specifically, she cited the March 31 decision by the Environmental Protection Agency not to establish effluent limits for the construction and development industry (63 DEN A-18, 4/2/04 ).
The result, she said, is more runoff from construction sites that ultimately will have to be dealt with by municipal separate storm sewer systems, also called MS4s, many of which are linked or closely related to the wastewater utilities that make up the bulk of AMSA's membership.

Wastewater treatment officials and environmental groups disagree on several other regulatory issues, such as a draft policy to allow partially treated sewage to be blended with that which has been fully treated before being discharged. NRDC and other environmental groups oppose the practice, known as blending, saying it does not protect against pathogens. AMSA and other municipal groups say it is a cost-effective treatment practice that has been used for decades and still meets Clean Water Act requirements that discharges meet secondary treatment standards.

The groups also disagree on whether EPA should move forward with a draft rule widely circulated in 2002 that would revise the total maximum daily loads program. NRDC opposes the draft changes, which have never been formally proposed, while AMSA and other industrial dischargers said the agency should release the rule for comment so that it can be shaped to improve the unwieldy TMDL program.


More Green Infrastructure Needed

Betsy Otto, director of the watersheds program at American Rivers, said the loss of "the green infrastructure network" is causing problems for many AMSA members.
She was referring to the effects of urbanization on small streams and wetlands, which she said play an important role in improving water quality by absorbing stormwater, excess nutrients, and other pollutants. As these natural resources get paved over or diverted into culverts or other stormwater management systems, she said, the stormwater flows become the responsibility of wastewater treatment facilities that must treat the discharges to meet Clean Water Act standards.

"A lot more can be done to integrate green approaches with point-source approaches," Otto said.

Environmental groups and wastewater treatment officials should also have a united front to ensure that an amendment setting aside close to $1 billion for stormwater mitigation projects is included in the $318 billion highway bill (H.R. 3550, S. 1072) currently being debated in Congress, Otto said. The Senate version contains the amendment, but the House version does not, she said.

"The stormwater amendment is the No. 1 targeted issue in the bill for" state departments of transportation, who do not support the set-aside, she said.

David Katz, deputy water commission for the Philadelphia Water Department, asked how the regulatory requirements of the TMDL program can be reconciled with cooperative, watershed-based solutions such as stream restoration efforts.

"We tend to spend money on things that don't do the most good and waste the most money," he said, adding that restoration efforts do more, but are hard to incorporate into a TMDL.

Stoner said the TMDL program is the best way to identify what the problems are that can be addressed through innovative, cooperative approaches.


Regulatory, Cooperative Efforts Needed

Otto said the TMDL program can help achieve natural restoration goals in some cases. She cited sediment control as an example. Major sources of sediment impairing many urban streams are construction and development activities and instream erosion caused by increased stormwater flows, she said. Natural restoration activities would be one way to mitigate and reduce stormwater impacts from development.
Katz said the TMDL program is "a poor tool to deal with sediment issues." A more responsible approach, he said, is better watershed planning, which can be hindered by the time and resources required to do TMDLs that may have a negligible impact on water quality.

Otto said improving water quality requires both the regulatory approaches, such as those in the stormwater and TMDL programs, and smart growth initiatives that involve cooperative approaches to watershed management.


By Susan Bruninga