By Rich Anderson
July 2, 2012

Pleasanton (CA) Mayor Jennifer Hosterman and Indianapolis (IN) Mayor Greg Ballard Co-Chaired the Mayors Water Council Meeting on June 13 in Orlando in conjunction with the 80th Annual Meeting of the Conference of Mayors. The meeting covered two topics: the National Press Club Forum on the Clean Water Act (CWA) hosted by the Conference of Mayors, and a discussion of water quality protection.

The Conference of Mayors hosted a National Press Club Forum (NPC) on May 31 to celebrate the 40th anniversary of the Clean Water Act. Ballard called on participating mayors to comment.

Hallandale Beach (FL) Mayor Joy Cooper, Chair of the Environment Committee, said "We came there [NPC] to celebrate the Clean Water Act, and that has been our message all along, that we are partners in this process. We [mayors] represent municipalities, we represent the same individuals as the State and National government, so we want to work in collaboration." Cooper expressed the frustration that mayors have been experiencing over the CSO/SSO issue, as well as nutrient management regulations that cost so much to comply with, and stated that mayors "Didn't want to feel like criminals anymore…and we really need to look at what we were doing and what financial burdens we were placing on our ratepayers, our residents." Cooper's quick read of the IP3 Framework document, released by EPA days before the Orlando meeting led her to speak favorably of EPA's efforts. She mentioned that it contained agreement reopeners, promotion of green infrastructure, and several other new avenues of flexibility. She stated that the IP3 regulatory model does not currently incorporate drinking water regulations in the Integrated Planning review process but should do so.

Lima (OH) Mayor Dave Berger commended Conference of Mayors CEO and Executive Director Tom Cochran for pulling the event together, and for setting the tone about how the IP3 policy should benefit all cities. Berger stated, "We were there to talk about the fact that it is really cities that are bearing the brunt of the costs [of the CWA] but also enjoying the successes we have achieved, and that is an important message for our constituents." Berger expressed concern that questions from some attending press alleged that that the Forum was staged as a partisan attack on the CWA and the Obama Administration. Berger clearly stated that it was not such an attack. He also said "…all five of the mayors participating in the event are Democrats", this being stated to make clear to the press that the mayors were representing their communities. Berger welcomed the release of the IP3 Framework document but maintained that it has some flaws. He stated, "Affordability remains the most critical concern, and the IP3 Framework does not adequately address this issue." He called for Congress to set limits on the enforcement activities of the EPA.

Chattanooga (TN) Mayor Ron Littlefield stated, "I think they [EPA] are beginning to understand that we are all about achieving water quality." He also stated that there is a "…wish by all mayors that EPA will move away from the heavy-handed way they have been pursuing water quality." Littlefield said he received an encouraging call from the Region 4 EPA Administrator to address his concerns.

Chicopee (MA) Mayor Michael Bissonnette said, "When I took office this litigation [EPA enforcement action on sewer overflows] had been going on for 6 years previous, and there was about $7.7 million in fines levied against the city." He welcomed the IP3 Framework release, but also said, "We need a limit. We need a moratorium on these kinds of enforcement activities, and a limit on how much of a community's income has to be spent on these consent decrees."

Racine (WI) Mayor John Dickert asserted, "Instead of simply telling people what they can't do it's much easier to work with them to make sure that what you are doing is working for your community, especially when it comes to fertilizing." He remarked that the 2010 resolution adopted last year directly addressing the need for local government to promote best application practices rather than invoke outright bans makes sense. Working in conjunction with Barrington Lake (IL) Mayor Kevin Richardson, the duo crafted a model ordinance that, in Dickert's words "…can serve our cities and protect our water quality. Sometimes water quality can be protected just by getting everyone to recognize how good practices can help."

Richardson stated, "I worked in Illinois with the Sierra Club and the lawn-care/landscape community. In looking at the Chesapeake Bay, it is clear that the problem comes from a lot of different people. We got everyone engaged at the table by not pointing to any one group as the 'fall guy,' and came up with a plan that Illinois adopted and is a preemptive law." Richardson warned against adopting a patchwork of local ordinances when we have a model ordinance that directly addresses the water quality problem and creates certainty for all parties. He stated that his work with Sierra Club scientists revealed a consensus on the need to avoid over application, and, if applied correctly it [fertilizer] adheres to the grass and doesn't run-off.