Quality

CSG Midwest
By July of next year, a practice in Ohio’s commercial harbors will no longer be allowed — the dumping of dredged materials into the open waters of Lake Erie. This ban is the result of a bill passed by the legislature in 2015 (SB 1), and is part of the state’s broader efforts to keep excess nutrients from entering the shallowest of the Great Lakes, causing harmful algal blooms and degrading water quality.
The legislative action from four years ago, along with subsequent funding commitments, has led to an unprecedented effort in the state to find beneficial uses of these materials — the rock, sand, gravel, mud and clay removed from the bottom of shipping channels to keep them safe for navigation.

If a state or local government discharges a pollutant from a point source to a navigable water it must obtain a permit under the Clean Water Act (CWA). But what if that pollutant is conveyed in something—say groundwater—between the point source and the navigable water? Must the state or local government still obtain a permit? That is the question the Supreme Court will decide next term in County of Maui, Hawaii v. Hawaii Wildlife Fund.

CSG Midwest
Last fall, nine Lake Erie experts identified specific strategies that they viewed as most important to reducing phosphorus runoff and preventing harmful algal blooms in the lake’s western basin. As of early June, Ohio legislators were moving toward passage of a bill backing those scientists’ findings with state dollars.
“That was the blueprint — use those evidence-based strategies and then target the funds to critical areas in the sub-watersheds [of the western basin],” says Rep. Steven Arndt. Ohio admittedly has a long way to go to reach its target — a 40 percent reduction in phosphorus loads by 2025. That is the amount specified in binational agreements between the United States and Canada and among the governments of Michigan, Ohio and Ontario.
CSG Midwest
As part of what state officials say is the strictest set of lead and copper standards in the nation, Michigan will require all of the state’s public water systems to replace their lead service lines. Starting in 2021, the Detroit Free Press reports, each public water system must replace, on average, 5 percent of its lead service pipes per year over a 20-year period, with water customers paying for most of the estimated $2.5 billion price tag.
CSG Midwest
Late in 2017, Michigan lawmakers ended their legislative year seeking a fix to another problem with drinking water in the state. It wasn’t lead contamination this time, but rather the discovery of 28 sites in the state with known levels of PFAS, or per- and polyfluoroalkyl substances. The Legislature allocated $23.2 million for various response and mitigation measures.
In early 2018, the Minnesota attorney general finalized an $850 million settlement with 3M over groundwater contamination in the east metropolitan area of the Twin Cities. The cause: The company’s disposal, over decades, of PFAS chemicals used for products such as Scotchgard, stain removers and fire retardants.Though these chemicals were used for decades, and many of them have been phased out of production, they are considered an “emerging contaminant” — because environmental and health officials have only recently begun to test for the presence of PFAS chemicals in drinking water, detect them, and understand their potential impact on human health.
The new funding in Michigan will be used to purchase new lab equipment, expand testing of drinking water, and purchase filtration systems for affected residents. A longer-term fix is likely to be more problematic and costly, whether it’s pumping out all the groundwater and removing the chemicals or hooking up the owners of private wells (this has been the group most affected in Michigan) to a municipal system.
Climate Adaptation

States and communities across the country are faced with serious challenges of an aging and inadequate water infrastructure. The number of water main breaks across the country is staggering: at 240,000 per year, and wasting over two trillion gallons of treated drinking water. The direct cost of these leaks is estimated to be approximately $2.6 billion per...

In National Association of Manufacturers v. Department of Defense the Supreme Court held unanimously that a legal challenge to the definition of “waters of the United States” (WOTUS) must begin in a federal district court not a federal court of appeals. What this ruling means for the 2015 WOTUS definitional rule is unclear.  

As Justice Sotomayor stated at the beginning of the Court’s opinion, defining “[WOTUS]—a central component of the Clean Water Act—is a contentious and difficult task.” In 2015 the Obama administration issued a new WOTUS definitional rule which it intended to provide  “simpler, clearer, and more consistent approaches for identifying” the scope of the Act.

Issue: In 2017, the American Society of Civil Engineers gave the nation’s infrastructure an overall grade of D+ in their every-four-years Infrastructure Report Card. Key infrastructure categories, including aviation, dams, drinking water, inland waterways, levees, roads and transit, all received individual grades of D or lower. ASCE said the nation’s infrastructure can be improved and restored but only with “strategic, sustained investment, bold leadership, thoughtful planning, and careful preparation for the needs of the future.” The devastating hurricanes of 2017 brought into stark relief the importance of planning and preparation to ensuring a more resilient infrastructure for the future.

CSG Midwest
Concerns about twin, 64-year-old pipelines located under the Straits of Mackinac (which connect lakes Michigan and Huron) led to a new agreement in late November between the state of Michigan and Enbridge. In announcing the deal, Gov. Rick Snyder said “business as usual by Enbridge is not acceptable.” According to the Detroit Free Press, the state has been frustrated about a “lack of forthrightness” regarding the safety of these pipelines, which are known as “Line 5” and carry up to 540,000 barrels of light crude oil and natural gas liquids every day.

On November 30, 2017, Representative Brian Mast (R-FL) introduced H.R. 4492, the “Water Infrastructure Finance and Innovation Reauthorization Act of 2017.” The bill reauthorizes and doubles the funding levels for the Water Infrastructure Finance and Innovation Act (WIFIA) program, a credit assistance program designed to accelerate investment in our nation’s water infrastructure....

Pages