Member Pipeline - Clean Water Current - October 27, 2006
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for the Clean Water Currents ArchiveOctober 27, 2006
New NACWA/WEF MOA Strengthens Ties, Looks to the Future
With action by the Water Environment Federation (WEF) Board of Trustees this week, a new memorandum of agreement (MOA) (http://www.nacwa.org/getfile.cfm?fn=2006-10-27moanacwawef.pdf) will guide and inspire future opportunities to strengthen the relationship between NACWA and WEF. NACWA’s Board of Directors endorsed the MOA at its meeting Sept. 19, and consideration by the WEF this week made it official. The MOA focuses on the distinct, yet complimentary missions of the two organizations and how current institutional mechanisms might be enhanced to better serve public utilities.The agreement acknowledges that sound public policies and support for infrastructure and programs depends upon understanding by the public and policymakers at the federal, state, and local levels of key issues, and that this understanding is directly related to the quality, quantity, and consistency of information provided by the clean water community. The MOA outlines specific activities, programs, and projects that the two organizations will undertake. Increasing collaboration and outreach to NACWA member agencies, WEF member associations, and other stakeholders; ensuring legislative, regulatory, and legal issues agencies are addressed in a coordinated and complementary manner; and reducing duplication of effort are among the benefits outlined in the MOA.
Court Rules in Favor of NACWA Member in Key Biosolids Case
A federal court this week rejected a request from Kern County, Calif., to dismiss a lawsuit by the city of Los Angeles, Orange County Sanitation Districts, and the Sanitation Districts of Los Angeles County, all NACWA members, challenging the county’s ban on the land application of biosolids. The U.S. District Court for the Central District of California ruled that the city and its co-plaintiffs were entitled to bring the suit in Los Angeles because the affects of the Kern County ban would be felt by government agencies in the Los Angeles area, thus ending attempts by Kern County to move the case to a different federal court district in Fresno. The court also ruled that the city may proceed on two federal constitutional challenges and two state law challenges in an effort to overturn the ban, which was approved by Kern County voters in June 2006 and is scheduled to take effect in early 2007. The ruling further clears the way for a motion by the city and its allies asking the court to stay the ban and allow land application of biosolids to continue while the case is heard.NACWA Holds Productive Meeting with EPA on Daily Loads Case
NACWA and member agency District of Columbia Water and Sewer Authority (DC WASA) met with EPA Oct. 23 to discuss the agency’s pending brief before the U.S. Supreme Court in Friends of the Earth v. EPA. NACWA filed a friend-of-the-court brief supporting DC WASA’s request for a Supreme Court review of the April 25 decision by the U.S. Court of Appeals for the D.C. Circuit that all total maximum daily loads (TMDLs) be expressed in daily terms only. At the Oct. 23 meeting, NACWA and DC WASA emphasized that the utility would have to change its long-term control plan for addressing its combined sewer overflows (CSOs) if the daily load issue is not resolved. Moreover, they pointed out that the case presents an opportunity for the Supreme Court to clarify the law in this area and resolve a split between two appeals court circuits on how TMDLs can be expressed. EPA officials were interested in the presentation and said they may incorporate NACWA’s arguments in their brief, which will be submitted on Nov. 24.EPA Responds That Work on SSOs Will Wait Until Peak Flows Policy is Complete
EPA reiterated its position in a letter to NACWA this week that it will not focus on sanitary sewer overflows (SSOs) until it completes work on the peak excess flow policy. The letter from Ben Grumbles, EPA assistant administrator for water, to NACWA Executive Director Ken Kirk said the agency looks forward to working with the Association on this “important and complex issue.” NACWA sent a letter to EPA in September (http://www.nacwa.org/getfile.cfm?fn=SSOLetter.pdf) urging it to begin work on a comprehensive, national program to address SSOs. Absent a meaningful commitment by EPA to act on the SSO issue, NACWA intends to formally petition the agency to launch an SSO rulemaking.Hot Topics Breakfast Features EPA Officials, Succession Planning
NACWA’s Hot Topics Breakfast at WEFTEC `06 in Dallas drew about 70 people and was described as one of the best ever. Jim Hanlon, director of the EPA Office of Wastewater Management, kicked off the meeting with a discussion of the peak wet weather flow policy. He indicated that even though the policy has been at the White House Office of Management and Budget for three months, it should be released in final form within six weeks. He also discussed guidance EPA is developing to respond to the April 25 decision on TMDLs, which he expects will be out in a few weeks, and EPA’s Water Sense Program, a water efficiency program introduced earlier this year and modeled on Energy Star. Ephraim King, the director of science and technology in the EPA Office of Water, discussed the need to get a better handle on the potential effects of emerging contaminants and the next generation of recreational water quality criteria. NACWA will have significant involvement in that stakeholder process.Succession planning was also an interesting topic at the breakfast with several NACWA members outlining their strategies. Northeast Ohio Regional Sewer District, the Metropolitan St. Louis Sewer District, the Narragansett Bay Commission made presentations that included discussions on a systematic, integrated approach to developing the next generation of executive-level leaders and the pros and cons of seeking external or internal candidates for leadership positions.
NACWA Issues White Paper Examining Capabilities, Role of Public Relations for POTWs
NACWA examines the public relations capabilities, successful media strategies, and community outreach programs at member agencies and recommends ways to bolster these important functions in a report, Building Effective Communications and Public Relations Strategies for POTWs: A NACWA White Paper, released Oct. 23 (http://www.nacwa.org/getfile.cfm?fn=2006-10pr_whppr.pdf). Working through its Communications and Public Relations Committee, NACWA surveyed its member agencies on their public relations resources and strategies and used that information in the white paper, which was distributed via Member Update (http://www.nacwa.org/private/membcomm/memupdate/mu06-19.cfm).NACWA hopes the paper will inspire representatives from more member agencies to become active in the committee as the Association seeks to enhance support and build momentum for its regulatory, legal, and legislative agenda.
NACWA Year in Review Available to Share with Board, Commission Members
We hope you have enjoyed reading the Association's Year in Review and revisiting our collective accomplishments. Should you wish to provide copies of this publication to key officials and decision-makers within your organization, we would be happy to forward you additional copies free of charge. Please contact Tim Jones at tjones@nacwa.org or 202/833-1449 to place an order.