Great Lakes Legislation
CONTINUED FROM PAGE 1
Key Stakeholders Voice Concerns
blooms and invasive species.
A growing number of key stakeholder organizations concerned about water quality in the Great Lakes are voicing strong opposition to what would be one of the largest federal unfunded water quality mandates of its kind. In late September, the U.S. Conference of Mayors (USCM), the National League of Cities (NLC), the National Association of Counties (NACo) and the National Association of Regional Councils (NARC) together sent a letter to House and Senate appropriators raising concern that the language would establish dangerous precedent for communities across the country. This letter follows on the heels of a letter from the American Water Works Association (AWWA) arguing that cash-strapped communities along the shores of the Great Lakes would be forced to spend limited ratepayer dollars on combined sewer systems at the expense of critical upgrades to their drinking water systems. In addition, the Great Lakes St. Lawrence Cities Initiative urged lawmakers’ opposition in a letter of its own, arguing that other, more pressing water quality challenges face the Great Lakes and that community resources would be better spent addressing other pollution challenges such as harmful algal
NACWA is carrying this message to Capitol Hill through one-onone meetings with members of the Great Lakes Congressional Delegation and testimony at oversight hearings. Racine Mayor John Dickert recently testified that the CSO proposal would severely undermine Great Lakes water quality progress because of the enormous amount of resources that would be side-tracked to meet it. He went on to urge members of the House Water Resources & Environment Subcommittee to oppose the proposal. Congress has passed a Continuing Resolution to fund the government through December 11 and it will either negotiate an omnibus appropriations package or pass another continuing resolution for the remainder of FY16. NACWA is working hard to ensure that no matter which scenario it pursues, Congress will not enact this policy proposal.
Court Upholds Stormwater Program, Phase II Changes Considered On September 15, the Ohio Supreme Court issued a ruling in the Northeast Ohio Regional Sewer District (NEORSD) v. Bath Township, et al. case upholding NACWA Member Agency NEORSD’s municipal stormwater management program and fee and marking a major legal victory.
gional stormwater management program authorized by statute and by its charter, and 2) is the attendant fee structure authorized by statute and by the charter. We answer both questions in the affirmative.” More information on the decision can be found in Advocacy Alert 1516.
The legal dispute over NEORSD’s authority for the program and related stormwater fee reached the Ohio Supreme Court after conflicting decisions by two lower courts. In the 5-2 decision, the state Supreme Court overturned a lower appellate court and held that “the issues in this case are exceedingly straightforward: 1) is the Sewer District’s re-
NACWA joined with the Association of Ohio Metropolitan Wastewater Agencies (AOMWA) to file a brief in the case supporting NEORSD as part of the Association’s aggressive advocacy to defend stormwater programs. The Court’s decision not only affords legal recognition and protection for NEORSD’s stormwater management program, but also
62