To: Members, Affiliates, & Legal Affairs Committee From: National Office Date: August 31, 2000 Subject: AMSA/AMWA 2000 LAW SEMINAR Reference: Legal Alert 00-11 Plan Now To Attend. . .
DEVELOPMENTS IN WATER & WASTEWATER LAW
November 2-3, 2000
The Sheraton Crescent Hotel
Phoenix, ArizonaSpecial Pre-Seminar Offering. . .
WATER & WASTEWATER LAW PRIMER
November 1, 20002000 Law Seminar - A "Must Attend" for Public Agency Attorneys
The Association of Metropolitan Sewerage Agencies (AMSA) and the Association of Metropolitan Water Agencies (AMWA) are pleased to present their 2000 Law Seminar, Developments in Water & Wastewater Law. The Seminar will take place at the Sheraton Crescent Hotel in beautiful Phoenix, Arizona on November 2-3. This year's program also offers a pre-seminar Water and Wastewater Law Primer on November 1. Registration information, as well as detailed agendas for the Seminar and the Primer are attached for your information and review. All speakers are confirmed.Water & Wastewater Law Primer - A New Feature!
A one-day, classroom-style introductory Water & Wastewater Law Primer will precede the 2000 Law Seminar. Through its in-depth focus on both the Clean Water Act and the Safe Drinking Water Act, the Primer will serve as an essential refresher for practitioners and an invaluable introduction for newcomers to the field. A complete description of the primer’s sessions is featured on the attached agenda. Space is limited, so be sure to register early for the November 1 Water & Wastewater Law Primer!Seminar Offers Practical Legal Advice
Developments in Water & Wastewater Law — a Seminar for Public Agency Attorneys will follow the primer providing registrants a unique opportunity to examine critical environmental law issues and hone practical legal skills. Attendees will hear the latest thinking on recent legal developments and their potential impacts on wastewater and drinking water utilities.Critical aspects of how drinking water standards and water quality standards are developed will receive significant attention on the initial day of the seminar. Water quality criteria as they relate to wet weather and nutrients will also be examined, along with the science behind water quality based effluent limits and total maximum daily loads. The seminar will provide a diverse array of valuable information through concurrent sessions and look toward the future with a session on key regulatory issues on the horizon for water and wastewater utilities.
CLE Credits Available
Individuals attending the AMSA/AMWA Law Seminar are eligible to receive Continuing Legal Education (CLE) credits. Credits have been secured in a number of key states to ensure all in attendance will be eligible through reciprocity. The number of CLE credits awarded for attendance varies by state, and additional credits will be awarded to those who attend the Water & Wastewater Law Primer on November 1st. The 2000 Developments in Water & Wastewater Law Seminar and Water & Wastewater Law Primer have been pre-approved in several states for as many as 14 CLE credits.Observing Key Deadlines Ensures Participation
Planning to attend this important meeting? Please observe the following key deadlines:
- October 11, 2000 Hotel Reservation Deadline to Receive Conference Rate
- October 23, 2000 Advanced Seminar Registration Deadline
Visit AMSA's web site for the latest conference information and on-line registration.
http://www.amsa-cleanwater.org
Please don’t hesitate to contact AMSA’s National Office if you have any questions about the 2000 Law Seminar, 202/833-AMSA or info@amsa-cleanwater.org.
We look forward to seeing you in Phoenix!
AMSA/AMWA 2000 Law Seminar
Registration InformationTo attend the AMSA/AMWA Law Seminar please complete the enclosed registration form and mail or fax it along with your registration fee(s) payable to AMSA, or register on AMSA’s web site at www.amsa-cleanwater.org. Advanced registrations must be received by October 23, 2000. Advance registrants will receive written confirmation via mail or e-mail. Faxed and online registrations will be accepted after the deadline but will not be confirmed in writing. Should you register, but are unable to attend, a full refund will be made if the cancellation is received by AMSA no later than October 23, 2000. Thereafter, a $100 cancellation fee will be applied.
Accommodations & Rates
A block of rooms has been reserved for seminar participants at the Sheraton Crescent Hotel from Tuesday, October 31 through Saturday, November 4. Adjacent to Metro Center, the Southwest's largest shopping complex, the Sheraton has extensive in-hotel services and amenities. Reservations must be made by October 11, 2000 in order to receive the group rate. After this date, reservations will be accepted on a space available basis only, with no guarantee that the conference rates will apply. To ensure a hotel room, contact Sheraton reservations, 800/325-3535, and indicate that you are a registrant for the AMSA/AMWA Law Seminar. The special room rate is $159 single/double, plus applicable taxes. Check-in time is 3:00 pm, check-out is 12:00 noon and baggage storage is available. Any requests for late check-out should be directed to the hotel. The address and telephone number of the Sheraton Crescent Hotel is: 2620 West Dunlap Avenue, Phoenix, AZ 85021; phone: 602/943-8200. If you are a late registrant, or seeking alternate accommodations, the National Office will be happy to assist you with information on other hotels in the area.Airline Reservations
AMSA has selected American Airlines as the carrier for its upcoming meeting in Phoenix, AZ. If you choose to fly American Airlines and utilize the group discount, call the toll-free number 800/433-1790 to make your reservation. Refer to the Association's AN Number 50N0UB and the dates of November 2-3 when making your reservation.Ground Transportation
The Sheraton is approximately 15 minutes from the Sky Harbor International Airport. Super Shuttle service is available at the airport for $12.50 each way. Advanced reservations can be made by calling 800/258-3826. Taxis are also available for approximately $30 one way. Avis Rent-A-Car has been designated as AMSA's official car rental company. Discounts are available by calling Avis directly at 1-800/331-1600. Our Avis Worldwide Discount Number is D003081. The Sheraton has free parking available.Additional Information
Dress for the 2000 AMSA/AMWA Law Seminar is business casual. For any additional information regarding the 2000 Law Seminar, contact AMSA's National Office at 202/833-AMSA or info@amsa-cleanwater.org.
The Association of Metropolitan Sewerage Agencies and the Association of Metropolitan Water Agencies present ..
Water & Wastewater Law Primer:
The Safe Drinking Water Act & Clean Water ActWednesday, November 1
Morning
8:00 - 4:00 Registration
9:00 - 12:00 Safe Drinking Water Act Primer
This Primer will be divided into three, one-hour sessions. The first hour will provide a brief history of the Safe Drinking Water Act (SDWA) followed by a detailed description of the major provisions of the statute and how they work. We'll focus on the Act's regulatory controls, notice provisions and liability sections.
The second hour will focus on the 1996 Amendments to the SDWA. The 1996 Amendments brought significant changes to the Act in the following areas:
- Surface Water Treatment Rule
- Disinfection/Disinfection Byproducts Rule
- Contaminant Candidate List
- Consumer Confidence Reports
- Review of all National Primary Drinking Water Regulations
We'll discuss what these changes mean and how they affect drinking water utilities.
The last hour will examine the enforcement and compliance issues surrounding the SDWA.
Laura Douglas
Vice President, General Counsel and Secretary
The Louisville Water Company, KYTom Schaeffer, Director of Technical Services
AMWA, DCNancy C. Kurtz
Acting General Counsel
Massachusetts Water Resources Authority, MA
12:00 - 1:30 Lunch
Afternoon
1:30 - 4:30 Clean Water Act Primer
This Primer will provide a comprehensive overview of the Clean Water Act (CWA) and will focus on how the Act affects the operations of wastewater treatment plants, combined sewer overflows (CSOs), municipal separate storm sewer systems (MS4s) and sanitary sewer overflows (SSOs). Topics will include:
- History/Overview of CWA
- Technology Based Limits
- Water Quality Standards Program
- Designated Use/Water Quality Criteria
- Reasonable Potential
- Water Quality Based Effluent Limits
- Total Maximum Daily Loads
- CSOs, MS4s, SSOs Control and Regulation
- Antidegradation
- Pretreatment Program
- NPDES Permitting Issues
- Penalties/Enforcement
- CWA Defenses
- Upset, Bypass, Permit as a Shield
- Citizen Suits
David Katz, Vice Chair, AMSA Legal Affairs Committee
Counsel
Philadelphia Water Department, PAPlease e-mail any questions or topics you would like to have addressed in the Primer to david.katz@phila.gov by September 30, 2000.
2000 Law Seminar:
Developments in Water & Wastewater Law. . .
A Seminar for Public Agency AttorneysThursday, November 2
Morning
8:00 - 4:00 Registration
8:30 - 8:45 Welcoming Remarks
William L. Pugh, AMSA President
Public Works Director
City of Tacoma, Public Works Department, WAMichael Rosenberger, AMWA President
Administrator
Portland Bureau of Water, OR8:45 - 9:45 Drinking Water Standards from Lab to Tap
Under the SDWA, EPA develops maximum contaminant levels (MCLs), maximum contaminant level goals (MCLGs), Action Levels, Treatment Techniques, and Best Available Technologies (BATs) to reduce or eliminate contaminants in drinking water. What are MCLs, MCLGs, Action Levels, Treatment Techniques, and BATs? How are they developed?
Most surface water systems will begin compliance with Stage 1 Microbial and Disinfection Byproduct Rules in 2001. Meanwhile, drinking water systems' stakeholders will complete negotiations of the Stage 2 Microbial and Disinfection Byproduct Rules by Fall 2000. What is the scientific basis behind the rules? What data will EPA rely on to determine compliance? What are the differences between Stage 1 and Stage 2? The CWA and SDWA often protect against the same risk, yet, CWA Water Quality Criteria (WQC) and SDWA standards often differ. What are the differences and why?
Robert Berger
Manager, Regulatory Planning & Analysis Division
East Bay Municipal Utility District, CA
10:00 - 11:00 From Lab to Permit: Understanding the Basics of How Water Quality Standards Are Developed
The fundamental purpose of the Clean Water Act (CWA) is to ensure compliance with WQC. In this one-hour session we will discuss the fundamental scientific underpinnings of WQC and answer some basic questions such as: What are WQC? How exactly were they derived? What science, statistics, and assumptions are used in deriving acute and chronic WQC limits? If WQC were based on Whole Effluent Toxicity (WET) testing, and WET testing is flawed, aren't our existing WQC also flawed? How, exactly, did EPA run the bioassays used to calculate WQC? How can WQC be changed? How exactly does the Water Effects Ratio work?
Dominic M. Di Toro
Principal Engineer
HydroQual, Inc., NJ
Donald J. O'Connor Professor of Environmental Engineering
Manhattan College, NY11:15 - 12:15 Wet Weather and Nutrients: Special Concerns for Special Problems
Many people have argued that we need wet weather WQC in order to regulate wet weather sources such CSO, SSOs, and MS4s. What do we mean by wet weather WQC? Why are they needed? What special challenges do wet weather sources pose such that we need separate criteria? How can scientifically defensible wet weather WQC be developed?
Nutrients have been a major water quality concern for many years. Yet, nutrient water quality criteria are only now being developed. We'll examine the science behind establishing nutrient WQC. We'll also discuss EPA's approach in developing nutrient WQC. What exactly is the Agency doing and is it scientifically defensible? Finally, we'll consider how nutrient criteria could be developed under the CWA to protect the interests of drinking water utilities (Disinfection by-product formation, taste and odor issues).
Dominic M. Di Toro
HydroQual, Inc., NJ
Manhattan College, NY12:15 - 1:45 Luncheon — A View from Capitol Hill
Kenneth J. Kopocis
Senior Minority Counsel
House Water Resources & Environment Subcommittee
Washington, DC
Afternoon
1:45 - 3:15 The Science Behind Water Quality Based Effluent Limits (WQBELs) and Total Maximum Daily Loads (TMDLs)
WQC is where the process begins but WQBELs in your NPDES permit is where it ends. We'll discuss the science, math and modeling that takes place in order to convert a WQC into a WQBEL. We'll also consider how WQBELs are derived in a TMDL approach. Data inputs, models, assumptions and techniques to increase your permit limits will also be discussed.
Dominic M. Di Toro
HydroQual, Inc., NJ
Manhattan College, NY3:30 - 5:00 Science as a Tool to Influence the Regulatory, Permitting and TMDL Process
Now that we know the basics of WQC, WQBELs, drinking water standards and TMDLs, how can we use this information to assure these limits are based on sound science? How can we use our scientific knowledge to support our legal arguments to influence the permitting and TMDL process? What are the most effective arguments to make and when should we make them?
Moderator/Facilitator:
David Katz, Vice Chair, AMSA Legal Affairs CommitteePanelists:
Roberta L. Larson
Director of Legal and Regulatory Affairs
California Association of Sanitation Agencies, CATad S. Foster
Retained Utilities Counsel
Colorado Springs Department of Utilities, COTheresa Wagner
Senior Assistant City Attorney
Seattle City Attorney’s Office, WAMelissa Thorme
Counsel
Downey, Brand, Seymour & Rohwer, L.L.P., CAClosing Remarks/Announcements
Christopher Westhoff, Chair, AMSA Legal Affairs Committee
Assistant City Attorney
City of Los Angeles Department of Public Works, CA
5:45 - 6:45 Reception
Friday, November 3
Morning
8:30 - 11:00 Registration
8:30 - 8:45 Opening Remarks
8:45 - 9:45 Concurrent Sessions I
Negotiating Water/Wastewater Agreements with Other Communities
Many water/wastewater utilities provide service to their surrounding communities pursuant to negotiated contracts. What provisions should these contracts contain to protect your interests? What are the dangers and risks inherent in such contracts and how can these contracts be drafted to minimize these risks? What has been the experience of utilities around the country?Christopher Westhoff, Chair, AMSA Legal Affairs Committee
Randolph Church
Partner
Hunton & Williams, VAWater and Wastewater Torts and Toxic Torts
This session will discuss the tort and toxic tort exposure that POTWs and drinking water utilities have in their everyday operations. When does safe drinking water become "unsafe" for purposes of toxic tort exposure. When is a POTW susceptible to a toxic tort suit for the land application of its biosolids? We'll discuss the basics of torts/toxic torts and what utilities can do to protect themselves from such liability.Mitchel B. Axler
Partner
Squire, Sanders & Dempsey L.L.P., AZ10:00 - 11:00 Concurrent Sessions II
Lessons Learned from Privatization/Contracting Out Services
Privatization and/or contracting out both water and wastewater operations are being considered by many utilities across the country. What are the critical legal/business issues that must be addressed? How can contracts be drafted that maximize your return but minimize your risk?Michael Gritzuk
Director
City of Phoenix Water Services Department, AZEndangered Species Act Compliance and the TMDL Rule
This session will provide an overview of the Endangered Species Act (ESA). We will first discuss the overall goals of the ESA and the methodologies the ESA employs in reaching its goals. Next, we'll go through the statute and review its major provisions, and finally, we'll discuss how the ESA and the CWA interrelate. How does the ESA affect NPDES permitting and the TMDL process?Karen Donovan
Deputy City Attorney
City and County of San Francisco, CATheresa Wagner
Senior Assistant City Attorney
Seattle City Attorney’s Office, WA
11:15 - 12:00 Key Regulatory Issues on the Horizon for Water and Wastewater
D. Randall Benn, AMSA Counsel
Partner
LeBoeuf, Lamb, Greene & MacRae, DC12:00 Closing Remarks
Christopher Westhoff, Chair, AMSA Legal Affairs Committee
12:00 Adjourn