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State Goals for Federal Action

NCSL Resolution Adopted by the Environment and Natural Resources Committee from the Fall Forum of the NCSL Standing Committees, December 2004, Savannah, Georgia

Storm Water Pollution

Three related significant water pollution problems confront this nation's municipalities and counties: pollution from storm water, combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs). It is estimated that today in many parts of the U.S. wet weather-related discharges are the most significant contributor to failure to achieve water quality standards.

The Federal Clean Water Act requires storm water discharges, SSOs and CSOs, to be regulated in accordance with Federal or state issued permits. Effective abatement of these currently untreated discharges will cost local governments billions of dollars.

Funding

In its 2000 Clean Watersheds Needs Survey report to Congress, the U.S. Environmental Protection Agency (EPA) estimated that it will cost $50.6 billion to remediate Combined Sewer Overflows (CSOs). In order to address these costs, the water pollution control state revolving fund (SRF) has been used increasingly to provide low interest financing to communities for CSO abatement projects. Many communities, however, cannot afford to repay loans for 100 percent of the cost of wastewater infrastructure projects. In some communities sewage treatment rates are rapidly escalating in order to fund these projects.

The Wet Weather Water Quality Act of 2000 (P.L. 106-554) authorizes $750 million for a CSO and Sanitary Sewer Overflows (SSOs) grant program in fiscal years 2002 and 2003 that includes a 45 percent local cost-share requirement. The program has yet to be funded.

NCSL urges Congress and the Administration to:

• Commit to and provide full funding and resources for CSO, SSO, and storm water wet weather discharges.
• Include a federal cost share of at least 50 percent of the cost of remediation.
• Wet weather funding should be in addition to and not replace other Federal funding programs.

Peak Flow Management

When the EPA took final action on the CSO Control Policy in 1994, the policy did not contain specific language related to recombination. EPA has stated in a March 2001 letter to Congress that "...EPA believes that [National Pollutant Discharge Eliminate System (NPDES)] NPDES permitting authorities have considerable flexibility through the NPDES permitting process to account for different peak flow scenarios that are consistent with generally accepted good engineering practices and criteria for long term design." As such, although blending may not be approved, according to EPA, "...NPDES permitting can account for blending."

As the EPA continues its work to clarify the NPDES treatment requirements for discharges from publicly owned treatment works (POTWs). NCSL urges EPA to provide states maximum flexibility to address remediation of storm water, CSOs and SSOs in their respective communities using recognized engineering practices that best meet the needs of individual communities based on their respective circumstances and applied in a cost-effective manner.