Member Pipeline - Fax Alerts - September 24, 2004
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September 24, 2004
AMSA, Coalition Help Ensure
Clean Water Funding in Senate Appropriations Bill
The Senate Appropriations Committee unanimously approved the Subcommittee on Veterans Affairs, Housing and Urban Development (VA-HUD) and Independent Agencies’ appropriations package (S. 1584) earlier this week. The bill holds funding for the Clean Water State Revolving Fund (CWSRF) level for the upcoming fiscal year at $1.35 billion and is considerably higher than the House budget request of $850 million. AMSA and a broad coalition of state and local governments, labor, construction and environmental and public health groups helped spur the Senate Committee’s action, through meetings with key congressional staff and letter writing campaigns. The coalition also amended its report, All Dried Up: How Clean Water Is Threatened by Budget Cuts (www.amsa-cleanwater.org/pubs/2004-09-15ADU.pdf), which was disseminated to targeted members of Congress last week, to reflect the Senate action. The Association supports the Senate proposed figure of $1.35 billion for the CWSRF and believes it would demonstrate a continued federal commitment to clean water in America. Lawmakers in the House and Senate must now negotiate a mutually acceptable funding level for the CWSRF. AMSA alerted its media contacts via a press release (www.amsa-cleanwater.org/advocacy/releases.cfm#nr) on the Senate Appropriations Committee’s action and will continue to work in cooperation with the coalition to ensure the $1.35 billion is included in the conference report and signed by the President.AMSA Scores Victory in NPDES Enforcement Case
In a major victory for AMSA and its municipal and business partners, the American Canoe Association has dismissed their appeal of a favorable lower court ruling which held that the National Pollutant Discharge Elimination System (NPDES) permit program, and the Clean Water Act’s (CWA) citizen suit provisions, cannot be used to enforce non-CWA requirements such as odor, noise, aesthetics or zoning. In American Canoe Association (ACA) v. DC WASA, ACA alleged that odors from the District of Columbia’s Water & Sewer Authority’s (DC WASA) interceptors were evidence of the Agency's failure to properly operate and maintain the facility under its NPDES permit. In June, AMSA filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit challenging the activist group's allegations. The motion demonstrated the significant opposition to ACA's position, and contributed to ACA's decision to dismiss their appeal. The lower court's opinion now stands as solid law that non-CWA aesthetic "obligations" cannot be "implied" into NPDES permits language.Also on the legal front, following AMSA’s 2004 Fall Strategic Leadership Retreat, AMSA’s Board of Director’s approved additional funding for two of AMSA's active cases – the blending case appeal and the Missouri water quality standards litigation. Current information on these cases is available on AMSA’s Litigation Tracker (www.amsa-cleanwater.org/private/legal_index.cfm). More information on the Association’s successful 2004 Leadership Retreat will be provided in future AMSA publications.
AMSA Urges Members
to Submit Information for 2004 AMSA Index
AMSA encourages its members to complete the 2004 AMSA Index survey form, either online (www.cleanwatercentral.org/) or via hardcopy, by October 29, 2004. The one-page Index survey requests the average annual single-family residential sewer service charge and service population of each AMSA utility respondent. From these values, a population-weighted nationwide average annual single-family residential service charge and annual AMSA Index are determined. The Index is representative of AMSA’s broad membership and this valuable resource continues to be used as a benchmark by wastewater agencies and national policymakers. Again, the Association requests that members fill out and submit the Survey form no later than October 29. If you have questions regarding the survey form refer to Member Update 04-15 (www.amsa-cleanwater.org/private/) or contact Mark Hoeke at 202/361-7446 or mhoeke@bluewin.ch.