Member Pipeline - Fax Alerts - October 12, 2001
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October 12, 2001
AMSA Wins Key Case, Court Upholds Permit Shield Protection
Handing AMSA and publicly owned treatment works (POTWs) across the country a major legal victory, the United States Court of Appeals for the Fourth Circuit endorsed the protections provided by the Clean Water Act’s (CWA) permit shield. In Piney Run Preservation Association v. County Commissioners of Carroll County, Maryland, No. 00-1283 (4th Cir. October 10, 2001), the Court ruled that the CWA’s permit shield protected Carroll County (County) from liability for discharging a pollutant – in this case, heat – not specifically listed in the County’s National Pollutant Discharge Elimination System (NPDES) permit. The Court found the County did not violate the CWA because it had disclosed its effluent temperature to the Maryland Department of the Environment. The decision is of tremendous value to POTWs facing similar permitting challenges from citizen groups in their jurisdictions, while creating binding precedent in 4th Circuit states and persuasive precedent nationwide. AMSA and the Water Environment Federation filed a joint amicus curiae brief in August 2000, successfully arguing that the County should not be liable for unlisted pollutants under the CWA’s permit shield. AMSA Legal Alert 01-8, forwarded to the membership today, provides additional information on the decision. The court’s opinion can be accessed via AMSA’s website at http://www.amsa-cleanwater.org/private/littrack/10-12-01courtopinion.pdf.
AMSA Testifies Before Congress on Wastewater Security
In testimony on the security of the nation’s water and wastewater resources this week before the Subcommittee on Water Resources and Environment, Patrick T. Karney, an AMSA member and Director of the Metropolitan Sewer District (MSD) of Greater Cincinnati, Ohio testified on behalf of AMSA that wastewater utilities and the environment they protect are indeed vulnerable to terrorist attacks. Karney testified that while the MSD is doing everything it can on a local level and AMSA has taken and will continue to take decisive steps towards ensuring the security of wastewater utilities nationwide, federal funding to ensure the nation’s wastewater infrastructure remains a critical factor. At the hearing, titled Terrorism: Are America’s Water Resources and Environment at Risk?, Karney stated forthrightly that these "essential undertakings to ensure the security of our nation’s aging infrastructure will clearly require federal support." Karney added that "[n]ationwide AMSA members comply with federal, state and local regulations that require the development of safety, health and emergency preparedness plans in response to chemical spills, natural disasters and other emergencies. Now, however, wastewater utilities need to perform comprehensive vulnerability assessments and prepare emergency response and recovery plans in response to potential terrorist activities." AMSA will continue working with Congress and other regulatory agencies to ensure that wastewater utilities have the tools necessary to ensure their security. AMSA’s testimony is available at http://www.amsa-cleanwater.org/advocacy/testimony/10-10-01testimony.cfm.
- AMSA Extends Pretreatment Conference Registration Deadline
Register now for the AMSA/EPA Pretreatment Coordinators Workshop, Nov. 7 -9, 2001 at the Nashville Sheraton Downtown featuring new developments in the National Pretreatment Program. To accommodate late registrants, the hotel reservation deadline has been extended until Oct. 15. Call the Nashville Sheraton Downtown today at 800/447-9825 to ensure a special room rate of $124 single/double occupancy. We look forward to seeing you in Nashville in November.