Member Pipeline - Fax Alerts - May 27, 2005
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for the FaxAlert ArchiveMay 27, 2005
NACWA Prevails in Essential Effluent Guidelines Case
On May 20, the U.S. District Court for the Northern District of California, relying upon many of NACWA’s legal arguments, dismissed a challenge to EPA’s recent actions under the effluent limitation guidelines (ELG) program brought by several activist groups. As an intervenor in Our Children’s Earth Foundation (OCE) v. EPA, NACWA participated in two dynamic hearings before the California court, most recently on May 11, and overcame the activists’ objection to the Association’s participation in the case. The court held that EPA met all the requirements for the annual ELG review, the ELG biennial report, and ELG five-year limitations review, agreeing that the Agency has broad discretion to determine how it conducts these reviews. The court also held that the CWA does not require EPA to perform a technological review of all 450 categories and subcategories of ELGs in its biennial reports. The Agency is only required to establish a schedule for its annual review, and to identify new categories and propose schedules for their rule development. The court's discussion relies upon the points that NACWA emphasized in briefs and at oral argument. It is possible that the activist groups will appeal this substantive victory for NACWA and EPA. Should that happen, NACWA’s Board will evaluate further participation by the Association in the case. The court’s decision is posted to NACWA’s Litigation Tracker (http://www.nacwa.org/private/littrack/).NACWA Moves Forward with
Trust Fund Bill, Seeks Support for Clean Water America Site
NACWA is nearing finalization of its draft trust fund legislation that will provide additional funding to help address the wastewater infrastructure needs of this country. The Association had a meeting this week with key environmental and citizen activist groups to get their final comments on the draft and will make the updated version available to members in the coming weeks. NACWA expects the legislation to be introduced this summer in the 109th Congress. As we reach this critical juncture it is important that NACWA members show their support for this effort by becoming a listed ‘Supporter’ of the Clean Water America website (www.cleanwateramerica.org). NACWA thanks the agency members that have already signed on as ‘Supporters’ (see list at www.cleanwateramerica.org/about/sponsors.cfm) and urges those agencies or organizations who have not signed up to join this critical effort. Being an active part of this effort will help demonstrate to Congress, the Administration and the public the nationwide support that exists for a federal re-commitment to clean water funding. To list your agency as a ‘Supporter’, forward your utility name and website address to Adam Krantz (akrantz@nacwa.org).
- NACWA submitted comments (http://www.nacwa.org/advocacy/comments/2005-05-20NACWAseleniumcmt.pdf) to EPA on the Agency’s proposed revision of its water quality criteria for selenium. The Association contends that the new criteria present implementation challenges that should be addressed before revisions are made. The comments also highlighted concerns with the tissue-based criterion’s ability to predict actual in-stream impacts. NACWA will work with EPA to ensure these implementation issues are considered and included in the final document.
- NACWA is pleased to announce that agenda and online registration information for its 2005 Summer Conference, Wastewater Conveyance and Treatment…Navigating an Uncertain Regulatory Environment, is now available on the Association’s Conferences & Meetings webpage (http://www.nacwa.org/meetings/05summer/). Join your colleagues in Hilton Head, S.C., July 19-22 to hear the latest on sanitary sewer overflow policy development, municipal solutions to reduce infiltration and inflow and maximize system capacity, collection system issues and more.