SUPPORTING CONSIDERATION OF FISCAL IMPACTS IN ESTABLISHING COMPLIANCE SCHEDULES FOR U.S. EPA PERMITS AND DEVELOPMENT OF FEDERAL FUNDING FOR PLANNING, MONITORING AND IMPLEMENTATION OF U.S. EPA PERMIT REQUIREMENTS

           WHEREAS, local governments play a critical role in providing wastewater and stormwater infrastructure and services for their citizens, businesses and institutions; and

            WHEREAS, local governments support the goals of the Clean Water Act (CWA) to ensure a safe, clean water supply for all; and

            WHEREAS, The U.S. Conference of Mayors released new research findings in May 2013 that confirm that local government investment in public water and wastewater infrastructure reached an all-time high in 2010, amounting to $111.4 billion; and

            WHEREAS, many local governments are facing complex stormwater quality compliance issues that are compounded by lack of infrastructure, variable natural conditions and lack of funding for planning, monitoring of stormwater flows and construction of stormwater infrastructure; and

            WHEREAS, at the same time that programs and projects to improve water quality are contemplated, many local governments find themselves facing difficult economic challenges; and

            WHEREAS, the CWA permit process does not require consideration of fiscal impacts that regulatory compliance has on local governments, consumers and households,  the disproportionate cost burdens on low income households, or availability of funding to implement NPDES permit requirements; and

            WHEREAS, U.S. EPA has acknowledged that the financial capability of a community should be considered when developing compliance schedules for municipal projects necessary to meet CWA obligations; and

            WHEREAS, U.S. EPA Regions are not consistent in their consideration of financial capability, and therefore U.S. EPA is currently developing an approach to provide clarification of the financial capability analysis and that ensure consistent implementation among EPA Regions; and

            WHEREAS, consistent and fair consideration of economic and financial impacts should be one of the primary considerations in establishing compliance schedules for CWA projects; and

            WHEREAS, local governments continue to try to balance a broad range of programs and services while facing increasing state and federal regulatory burdens with no additional funding to the compliance costs for these mandates,

            NOW, THEREFORE, BE IT RESOLVED that The United States Conference
of Mayors urges U.S. EPA to promulgate rules applicable to all regions that require the consideration of financial impacts on communities and their residents prior to establishing the permit obligations and compliance schedules for any CWA permit, and to ensure that those permits allow for local governments to maintain existing stormwater systems while making progress on clean water goals in a manner that is sustainable and within a community’s financial capability; and

            BE IT FURTHER RESOLVED that The United State Conference of Mayors urges Congress to appropriate funding to assist with funding mandated CWA obligations.