By USCM Conference Staff
June 4, 2012

To mark the 40th anniversary of the Clean Water Act (CWA), a landmark federal law protecting water resources in the United States, The U.S. Conference of Mayors hosted a panel discussion on May 31 at the National Press Club in Washington (DC). During the discussion, the mayors praised the benefits of the Act but also emphasized the urgent need for reform as aggressive unfunded water mandates and outdated approaches collide with the ability of cities and ratepayers to afford them. The mayors also asked for more flexibility, additional resources, and a true partnership in the way EPA implements the Act to meet a more current, cost-efficient and smart approach.

Participating mayors included Conference of Mayors Environment Committee Chair Hallandale Beach (FL) Mayor Joy Cooper, Conference of Mayors Environment Committee Vice-Chair Chicopee (MA) Mayor Michael Bissonnette, Chattanooga Mayor Ron Littlefield, Lima (OH) Mayor Dave Berger, and Omaha (NE) Mayor Jim Suttle. Conference of Mayors CEO and Executive Director Tom Cochran moderated the discussion.

"The Clean Water Act has done more to set our country on a course of environmental responsibility than any other law in history," said Cochran. "Cities are the true environmental stewards, investing more than any other level of government to protect our nation’s water resources and almost single-handedly shouldering the monumental financial burden placed by unfunded water mandates."

Currently, the third most costly municipal expenditure for cities is providing safe and adequate water and wastewater infrastructure. Additionally, inflation, population growth and an aging infrastructure base continue to increase the needed investment each year. But despite these pre-existing costs, the EPA continues to pursue a program of advancing new water regulations and enforcement actions that expand a city’s responsibility, but offer only marginal environmental or health benefits.

"Cities have so many local challenges to meet including coming up with the most efficient and cost-effective ways to address local water and infrastructure needs as well as unfunded mandates," said Bissonnette. "This is the perfect time to call for a ‘Time Out’, to pause, catch up on improvements, and not add more of a financial burden on our ratepayers."

"As mayors, we don’t have the luxury of focusing on only one issue," said Cooper. "We have to look at the whole array of environmental needs and given our financial constraints, determine the best course of action that best protects the health of our citizens, our environment, and our economy."

Despite struggling with severe budget cuts, local government, more than any other level of government, continues to invest public resources in ever growing amounts to clean water goals: $50 billion in 1995 to over $103 billion in 2009; a total of $1.6 trillion from 1956 to 2008. Meanwhile, the federal government provides less than $2 billion per year to the states that provide loans, not grants, to local government. Estimates of needed investments over the next 20 years are staggering, and are in the trillions of dollars.

"Cities continue to shoulder an overwhelming responsibility of compliance," said Littlefield. "I look forward to the day when federal regulations are administered on a regional basis. Forthcoming change has been discussed and promised for decades yet never implemented. This unequal enforcement encourages sprawl and unsustainable development on the perimeter of municipalities and contributes to numerous water quality problems without the offenders being held to the same standard of regulation. Something has got to change soon."

"The current situation facing communities is neither productive nor sustainable," said Berger. "Congressional action is absolutely necessary: Congress needs to either appropriate sufficient grant funding to meet the CWA obligations as they are being enforced by the EPA, or pass amendments to the CWA, which provide adequate relief and flexibility for communities facing unaffordable mandates."

At the Conference of Mayors urging, the EPA unveiled in October 2011 a new Integrated Planning and Permitting Policy (IP3) that is intended to provide a framework for sewer overflows and stormwater management allowing federal, state and municipal governments to collaborate more effectively. The IP3 model is potentially a welcome answer to balancing the need to invest in progress toward clean water goals without overtaxing low, moderate and fixed income households.

"Omaha has asked the Environmental Protection Agency to allow city’s flexibility in achieving clean water standards," said Suttle. "We believe we could reduce the costs of our Combined Sewer Overflow Project by exploring new technologies and incorporating stronger green solutions."

As the mayors discussed the different approaches to alleviate the problems and the costs associated with CWA compliance, they also praised the Obama Administration and EPA for working so closely with local leaders and developing the Integrated Plan, which is a huge step in the right direction.