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Advocacy & Analysis

For more than 40 years, NACWA has been the leader in national clean water advocacy, and the strongest voice for publicly owned wastewater and stormwater utilities.  Whether educating lawmakers on key clean water issues in the halls of Congress, advancing critical regulatory priorities with the U.S. Environmental Protection Agency (EPA) or other federal agencies, or litigating in courts across the nation on behalf of municipal clean water interests, NACWA is always at the forefront of the advocacy effort, representing clean water utilities, their communities and their ratepayers. 

We invite you to learn more about NACWA’s current advocacy initiatives and read in-depth analyses of how current legislative, regulatory, and legal developments will impact public clean water agencies.   From late-breaking news in our Advocacy Alerts to more comprehensive coverage of key advocacy priorities in our Updates, NACWA’s resources provide a comprehensive source of clean water information.  This page also highlights current NACWA advocacy campaigns and contains critical advocacy tools to help clean water agencies add their voice to that of others around the country in elevating clean water as a national priority.

Advocacy
Alerts

**UPDATED** Urgent Call to Action: Tell Senate Leadership to Support S. 1430 for PFAS Liability Protection

Mar 12, 2024

Dear NACWA Members,

We are pleased to share that next week, NACWA Board Member and General Counsel of the Passaic Valley Sewerage Commission, Michael Witt, will be testifying before the Senate Environmental and Public Works Committee (EPW) on behalf of the Water Coalition Against PFAS on the critical need to protect passive receivers of PFAS from liability under CERCLA. As we prepare for the hearing, EPW has emphasized that letters sent directly from clean water agencies are helping move this conversation forward. So to those that have engaged – on behalf of utilities everywhere, thank you!

If you have not reached out recently to your Senators about the importance of providing water and wastewater utilities with critical liability protections under CERCLA – so that polluters, and not communities, ultimately pay – it is critical that you do by March 18 in advance of the hearing. Please see NACWA’s recent call to action below for more info:

Urgent Call to Action: Tell Senate Leadership to Support S. 1430 for PFAS Liability Protection

EPA's proposed designation of PFOA and PFOS as hazardous substances under CERCLA without liability protection for water systems - which could be finalized this spring - presents a daunting challenge for our sector, potentially placing the financial burden of environmental cleanup on utilities and their ratepayers, rather than on the polluters responsible for the contamination. This move could significantly impact our ability to provide affordable clean water services.

The introduction of S. 1430, the Water Systems PFAS Liability Protection Act, by Sen. Cynthia Lummis, is a critical development. This pivotal legislation aims to preserve the essential "polluter pays" principle of CERCLA, ensuring that water utilities are shielded from CERCLA liability for PFAS. By supporting S. 1430, we can protect water systems from undue liability and continue our mission of delivering clean water services without the looming threat of PFAS litigation.

Here's How You Can Help:

Reach Out to Your Senators by March 18: Please send the attached letter urging your Senate delegation and Senate leadership to support S. 1430. Feel free to personalize the letter with insights from your own utility, or just send the letter as is. In addition to reaching out to your two Senate offices, it is important to also urge the support of Senate Majority Leader Chuck Schumer (you can direct a letter to Majority Leader Schumer to tim_ryder@schumer.senate.gov). NACWA and our partners in the Water Coalition Against PFAS – including AMWA, AWWA, WEF, NAWC, and NRWA – have heard directly from key Senate offices that they are seeing significant opposition to any CERCLA protections for water systems and that Senate Leadership needs to hear strong, direct utility support for S. 1430. As a community, we must ensure that the opponents of this legislation are not the dominant voices reaching the Senate.

Please ensure you inform NACWA of your outreach on S. 1430, either by copying Danielle Cloutier (dcloutier@nacwa.org) or by sharing your letter with us after it is sent.

We’re Here to Help: If you need help identifying the right point of contact within Senate offices, NACWA is ready to assist. Our team can provide guidance and support to ensure your voice is heard where it matters most. Don't hesitate to reach out for assistance in making your advocacy efforts as effective as possible.

Spread the Word: Share this call to action with your colleagues, peers, and within your network. The more voices that echo this message, the stronger our impact will be. Together we can emphasize the importance of protecting water systems and ratepayers from undue PFAS cleanup liability and maintaining the "polluter pays" principle.

Our collective action can make a difference. By supporting S. 1430, we reaffirm our commitment to environmental stewardship and public health, ensuring that water utilities remain focused on their vital mission rather than bearing the cost of PFAS contamination. By sending the attached letter, you can help ensure the Senate fully appreciates the impact CERCLA will have on public utilities and the communities you are charged with protecting.

Thank you for your action and support for this critical advocacy effort. Please reach out to Danielle Cloutier or any member of NACWA’s legislative team with questions or to discuss further.  

Regulatory Updates

**UPDATED** Urgent Call to Action: Tell Senate Leadership to Support S. 1430 for PFAS Liability Protection

Mar 12, 2024

Dear NACWA Members,

We are pleased to share that next week, NACWA Board Member and General Counsel of the Passaic Valley Sewerage Commission, Michael Witt, will be testifying before the Senate Environmental and Public Works Committee (EPW) on behalf of the Water Coalition Against PFAS on the critical need to protect passive receivers of PFAS from liability under CERCLA. As we prepare for the hearing, EPW has emphasized that letters sent directly from clean water agencies are helping move this conversation forward. So to those that have engaged – on behalf of utilities everywhere, thank you!

If you have not reached out recently to your Senators about the importance of providing water and wastewater utilities with critical liability protections under CERCLA – so that polluters, and not communities, ultimately pay – it is critical that you do by March 18 in advance of the hearing. Please see NACWA’s recent call to action below for more info:

Urgent Call to Action: Tell Senate Leadership to Support S. 1430 for PFAS Liability Protection

EPA's proposed designation of PFOA and PFOS as hazardous substances under CERCLA without liability protection for water systems - which could be finalized this spring - presents a daunting challenge for our sector, potentially placing the financial burden of environmental cleanup on utilities and their ratepayers, rather than on the polluters responsible for the contamination. This move could significantly impact our ability to provide affordable clean water services.

The introduction of S. 1430, the Water Systems PFAS Liability Protection Act, by Sen. Cynthia Lummis, is a critical development. This pivotal legislation aims to preserve the essential "polluter pays" principle of CERCLA, ensuring that water utilities are shielded from CERCLA liability for PFAS. By supporting S. 1430, we can protect water systems from undue liability and continue our mission of delivering clean water services without the looming threat of PFAS litigation.

Here's How You Can Help:

Reach Out to Your Senators by March 18: Please send the attached letter urging your Senate delegation and Senate leadership to support S. 1430. Feel free to personalize the letter with insights from your own utility, or just send the letter as is. In addition to reaching out to your two Senate offices, it is important to also urge the support of Senate Majority Leader Chuck Schumer (you can direct a letter to Majority Leader Schumer to tim_ryder@schumer.senate.gov). NACWA and our partners in the Water Coalition Against PFAS – including AMWA, AWWA, WEF, NAWC, and NRWA – have heard directly from key Senate offices that they are seeing significant opposition to any CERCLA protections for water systems and that Senate Leadership needs to hear strong, direct utility support for S. 1430. As a community, we must ensure that the opponents of this legislation are not the dominant voices reaching the Senate.

Please ensure you inform NACWA of your outreach on S. 1430, either by copying Danielle Cloutier (dcloutier@nacwa.org) or by sharing your letter with us after it is sent.

We’re Here to Help: If you need help identifying the right point of contact within Senate offices, NACWA is ready to assist. Our team can provide guidance and support to ensure your voice is heard where it matters most. Don't hesitate to reach out for assistance in making your advocacy efforts as effective as possible.

Spread the Word: Share this call to action with your colleagues, peers, and within your network. The more voices that echo this message, the stronger our impact will be. Together we can emphasize the importance of protecting water systems and ratepayers from undue PFAS cleanup liability and maintaining the "polluter pays" principle.

Our collective action can make a difference. By supporting S. 1430, we reaffirm our commitment to environmental stewardship and public health, ensuring that water utilities remain focused on their vital mission rather than bearing the cost of PFAS contamination. By sending the attached letter, you can help ensure the Senate fully appreciates the impact CERCLA will have on public utilities and the communities you are charged with protecting.

Thank you for your action and support for this critical advocacy effort. Please reach out to Danielle Cloutier or any member of NACWA’s legislative team with questions or to discuss further.  

Legislative
Updates

**UPDATED** Urgent Call to Action: Tell Senate Leadership to Support S. 1430 for PFAS Liability Protection

Mar 12, 2024

Dear NACWA Members,

We are pleased to share that next week, NACWA Board Member and General Counsel of the Passaic Valley Sewerage Commission, Michael Witt, will be testifying before the Senate Environmental and Public Works Committee (EPW) on behalf of the Water Coalition Against PFAS on the critical need to protect passive receivers of PFAS from liability under CERCLA. As we prepare for the hearing, EPW has emphasized that letters sent directly from clean water agencies are helping move this conversation forward. So to those that have engaged – on behalf of utilities everywhere, thank you!

If you have not reached out recently to your Senators about the importance of providing water and wastewater utilities with critical liability protections under CERCLA – so that polluters, and not communities, ultimately pay – it is critical that you do by March 18 in advance of the hearing. Please see NACWA’s recent call to action below for more info:

Urgent Call to Action: Tell Senate Leadership to Support S. 1430 for PFAS Liability Protection

EPA's proposed designation of PFOA and PFOS as hazardous substances under CERCLA without liability protection for water systems - which could be finalized this spring - presents a daunting challenge for our sector, potentially placing the financial burden of environmental cleanup on utilities and their ratepayers, rather than on the polluters responsible for the contamination. This move could significantly impact our ability to provide affordable clean water services.

The introduction of S. 1430, the Water Systems PFAS Liability Protection Act, by Sen. Cynthia Lummis, is a critical development. This pivotal legislation aims to preserve the essential "polluter pays" principle of CERCLA, ensuring that water utilities are shielded from CERCLA liability for PFAS. By supporting S. 1430, we can protect water systems from undue liability and continue our mission of delivering clean water services without the looming threat of PFAS litigation.

Here's How You Can Help:

Reach Out to Your Senators by March 18: Please send the attached letter urging your Senate delegation and Senate leadership to support S. 1430. Feel free to personalize the letter with insights from your own utility, or just send the letter as is. In addition to reaching out to your two Senate offices, it is important to also urge the support of Senate Majority Leader Chuck Schumer (you can direct a letter to Majority Leader Schumer to tim_ryder@schumer.senate.gov). NACWA and our partners in the Water Coalition Against PFAS – including AMWA, AWWA, WEF, NAWC, and NRWA – have heard directly from key Senate offices that they are seeing significant opposition to any CERCLA protections for water systems and that Senate Leadership needs to hear strong, direct utility support for S. 1430. As a community, we must ensure that the opponents of this legislation are not the dominant voices reaching the Senate.

Please ensure you inform NACWA of your outreach on S. 1430, either by copying Danielle Cloutier (dcloutier@nacwa.org) or by sharing your letter with us after it is sent.

We’re Here to Help: If you need help identifying the right point of contact within Senate offices, NACWA is ready to assist. Our team can provide guidance and support to ensure your voice is heard where it matters most. Don't hesitate to reach out for assistance in making your advocacy efforts as effective as possible.

Spread the Word: Share this call to action with your colleagues, peers, and within your network. The more voices that echo this message, the stronger our impact will be. Together we can emphasize the importance of protecting water systems and ratepayers from undue PFAS cleanup liability and maintaining the "polluter pays" principle.

Our collective action can make a difference. By supporting S. 1430, we reaffirm our commitment to environmental stewardship and public health, ensuring that water utilities remain focused on their vital mission rather than bearing the cost of PFAS contamination. By sending the attached letter, you can help ensure the Senate fully appreciates the impact CERCLA will have on public utilities and the communities you are charged with protecting.

Thank you for your action and support for this critical advocacy effort. Please reach out to Danielle Cloutier or any member of NACWA’s legislative team with questions or to discuss further.  

Legal
Updates

**UPDATED** Urgent Call to Action: Tell Senate Leadership to Support S. 1430 for PFAS Liability Protection

Mar 12, 2024

Dear NACWA Members,

We are pleased to share that next week, NACWA Board Member and General Counsel of the Passaic Valley Sewerage Commission, Michael Witt, will be testifying before the Senate Environmental and Public Works Committee (EPW) on behalf of the Water Coalition Against PFAS on the critical need to protect passive receivers of PFAS from liability under CERCLA. As we prepare for the hearing, EPW has emphasized that letters sent directly from clean water agencies are helping move this conversation forward. So to those that have engaged – on behalf of utilities everywhere, thank you!

If you have not reached out recently to your Senators about the importance of providing water and wastewater utilities with critical liability protections under CERCLA – so that polluters, and not communities, ultimately pay – it is critical that you do by March 18 in advance of the hearing. Please see NACWA’s recent call to action below for more info:

Urgent Call to Action: Tell Senate Leadership to Support S. 1430 for PFAS Liability Protection

EPA's proposed designation of PFOA and PFOS as hazardous substances under CERCLA without liability protection for water systems - which could be finalized this spring - presents a daunting challenge for our sector, potentially placing the financial burden of environmental cleanup on utilities and their ratepayers, rather than on the polluters responsible for the contamination. This move could significantly impact our ability to provide affordable clean water services.

The introduction of S. 1430, the Water Systems PFAS Liability Protection Act, by Sen. Cynthia Lummis, is a critical development. This pivotal legislation aims to preserve the essential "polluter pays" principle of CERCLA, ensuring that water utilities are shielded from CERCLA liability for PFAS. By supporting S. 1430, we can protect water systems from undue liability and continue our mission of delivering clean water services without the looming threat of PFAS litigation.

Here's How You Can Help:

Reach Out to Your Senators by March 18: Please send the attached letter urging your Senate delegation and Senate leadership to support S. 1430. Feel free to personalize the letter with insights from your own utility, or just send the letter as is. In addition to reaching out to your two Senate offices, it is important to also urge the support of Senate Majority Leader Chuck Schumer (you can direct a letter to Majority Leader Schumer to tim_ryder@schumer.senate.gov). NACWA and our partners in the Water Coalition Against PFAS – including AMWA, AWWA, WEF, NAWC, and NRWA – have heard directly from key Senate offices that they are seeing significant opposition to any CERCLA protections for water systems and that Senate Leadership needs to hear strong, direct utility support for S. 1430. As a community, we must ensure that the opponents of this legislation are not the dominant voices reaching the Senate.

Please ensure you inform NACWA of your outreach on S. 1430, either by copying Danielle Cloutier (dcloutier@nacwa.org) or by sharing your letter with us after it is sent.

We’re Here to Help: If you need help identifying the right point of contact within Senate offices, NACWA is ready to assist. Our team can provide guidance and support to ensure your voice is heard where it matters most. Don't hesitate to reach out for assistance in making your advocacy efforts as effective as possible.

Spread the Word: Share this call to action with your colleagues, peers, and within your network. The more voices that echo this message, the stronger our impact will be. Together we can emphasize the importance of protecting water systems and ratepayers from undue PFAS cleanup liability and maintaining the "polluter pays" principle.

Our collective action can make a difference. By supporting S. 1430, we reaffirm our commitment to environmental stewardship and public health, ensuring that water utilities remain focused on their vital mission rather than bearing the cost of PFAS contamination. By sending the attached letter, you can help ensure the Senate fully appreciates the impact CERCLA will have on public utilities and the communities you are charged with protecting.

Thank you for your action and support for this critical advocacy effort. Please reach out to Danielle Cloutier or any member of NACWA’s legislative team with questions or to discuss further.  

Advocacy Priorities

Click to Select:

Stormwater

As the nation’s leading advocacy voice for municipal stormwater utilities across the country, NACWA is dedicated to protecting water quality; addressing large scale watershed impacts, such as flooding and erosion; and solving related modern-day challenges, such as water quality impairment from stormwater runoff and land-use impacts.

The Association and its individual members are committed to advancing robust, innovative programs and working collaboratively with regulators and stakeholders. The U.S. Environmental Protection Agency’s (EPA) MS4 General Permit Remand Rule, issued in early 2017, represents a change in the development and issuance of National Pollution Discharge Elimination System (NPDES) permits for small Municipal Separate Storm Sewer Systems (MS4s).

COVID-19 Congressional Advocacy Resources

Since the COVID-19 pandemic emerged, NACWA has been working with our clean water agency members and our partner organizations across the water and municipal sector to urge Congress to act to provide federal relief to utilities and assistance to households unable to pay their water bills. NACWA’s ongoing advocacy encompasses direct funding for utilities for lost revenues and COVID-19-related expenses, assistance to households unable to pay their water bills, support for essential employers and workers, stabilizing and improving municipal financing tools, and engaging with the utility perspective in the conversation around water shutoffs.

With the pandemic persisting far beyond initial expectations, Congress has continued to negotiate the terms of another round of major COVID-19 relief, with many twists and turns over the summer and fall. As of late October 2020, differences between Congress and the White House appeared irreconcilable until after the election. NACWA remains engaged with Congressional staff in the meantime as is preparing for further action on the next round of “relief” or “recovery” in late 2020 or early 2021.

Climate Adaptation & Resiliency

Climate change impacts are already affecting clean water agencies and are projected to grow in the years ahead. Increased intensity of storm events and flooding, the threat of sea level rise at treatment works—traditionally located on low-lying coastal land in a community—and increased attention to water scarcity and reuse are just some of the ways in which clean water agencies are seeing impacts from a rapidly changing climate. As the public and government at all levels becomes more concerned, legislative, regulatory and legal pressures to control greenhouse gas emissions and mitigate climate change impacts will grow. Given the critical services clean water agencies provide in their communities, our sector needs to be closely engaged in climate and resiliency conversations.

NACWA believes that climate change is primarily a water issue. The Association’s advocacy focuses on the interrelationships between water resources and climate change. NACWA is also committed to ensuring that greenhouse gas emissions from wastewater treatment are accurately estimated, and that any efforts that impact the wastewater sector are reasonable.

Toilets Are Not Trashcans

NACWA's Toilets Are Not Trashcans campaign is focused on protecting the pipes, pumps, plants, and personnel of wastewater utilities across the nation by reducing the materials that are inappropriately flushed or drained into the sewer system. 

Products such as wipes, paper towels and feminine hygiene products should not be flushed, but often are, causing problems for utilities that amount to billions of dollars in maintenance and repair costs—costs which ultimately pass on to the consumer.  Other consumer products contain ingredients, such as plastic microbeads and triclosan, which may harm water quality and the environment.  Fats, oils and greases (FOG) and unused pharmaceuticals should also be kept out of the sewer system.

Nutrients & Farm Bill

Pursuing New Tools to Address Nutrient-Related Water Quality Challenges

Nutrient pollution remains a substantial challenge to the water resources of the United States. Deficiencies in the federal regulatory and policy framework, as well as the lack and inflexibility of financial resources, have constrained needed progress. These factors are driving a strong interest across nutrient management stakeholders in developing and implementing alternative nutrient management approaches.

At the same time, as outlined in more detail below, NACWA played a leading role in securing legislative language in the 2018 Farm Bill that will help public clean water utilities better engage upstream with agricultural partners to achieve meaningful water quality improvements through a holistic, watershed approach.

Integrated Planning

Over the last 45 years, communities have been responding to a growing list of Clean Water Act (CWA) regulatory mandates to improve the nation's water quality. Often taking on compounded wastewater and stormwater responsibilities, many communities are struggling to adequately allocate strained financial resources to these clean water needs.

Thanks to advocacy efforts by NACWA, the U.S. Conference of Mayors and others, EPA recognized the regulated community’s need for flexibility, and developed its Integrated Municipal Stormwater and Wastewater Planning Approach Framework (IP Framework) in 2012. NACWA and its members have been working with EPA and state water regulators ever since to ensure the Framework can be utilized by communities when appropriate.

Affordable Water, Resilient Communities

There is no issue more central to NACWA’s advocacy than increasing the availability of infrastructure funding for public clean water utilities, which includes increased federal funding to support this critical infrastructure sector. 

Originally founded in 1970 as an organization focused on ensuring appropriate distribution of federal construction grant dollars under the Clean Water Act, the Association has maintained a strong commitment to advancing federal clean water funding.  At the same time, NACWA has also evolved over the years to recognize the importance of other water infrastructure funding mechanisms including municipal bonds, innovative financing approaches, and public-private partnerships.

 

 

PFAS

Publicly owned clean water utilities are “passive receivers” of PFAS, since they do not produce or manufacture PFAS but de facto “receive” these chemicals through the raw influent that arrives at the treatment plant. This influent can come from domestic, industrial, and commercial sources and may contain PFAS constituents ranging from trace to higher concentrations, depending on the nature of the dischargers to the sewer system.

Although the influent is not generated by the utility, the utility is responsible for treating it under the Clean Water Act. Municipal clean water utilities were not traditionally designed or intended with PFAS treatment capabilities in mind. Today, there are no cost-effective techniques available to treat or remove PFAS for the sheer volume of wastewater managed daily by clean water utilities.

NACWA’s advocacy priorities on PFAS include urging source control, empowering the Clean Water Act pretreatment program, preventing public utilities and their customers from unintended liabilities and costs of PFAS management, and advancing research to support sound rulemaking that protects public health and the environment.

Congressional Toolbox

The Congressional Toolbox contains fact sheets on NACWA’s legislative advocacy work and otherresources to help support and enhance NACWA member outreach to Congress.

NACWA encourages all of its public utility members to arrange regular meetings with their Senators and Representatives.

Targeted Action Fund

NACWA’s Targeted Action Fund serves as a ready resource to support critical Association initiatives and the special projects of its committees. This dedicated ...
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