1. City Officials Role in Water Quality
#IowaLeague17
City Officials Role in Water Quality
Dustin Miller, Attorney, Nyemaster Goode P.C.
Handouts and presentations are available through the event app and at

2. Why should you care? www.nyemaster.com September 2017
©2017 Nyemaster Goode, P.C.

3. Simple terms REGULATION OF… Water Sewer Storm Sewer Industries
September 2017
©2017 Nyemaster Goode, P.C.

4. Simpler terms Rates www.nyemaster.com September 2017
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5. Simplest terms Unaffordable Utility Rates
Not Being Reelected or Being Out of Work
September 2017
©2017 Nyemaster Goode, P.C.

6. Clean Water Act (CWA) Background
Broad Definition of Pollutant
Examples: hard metals, ammonia, e coli, nitrogen, phosphorus, etc.
National Pollution Discharge Elimination System (NPDES) – Places effluent limitations on what may be discharged by a water source
Examples: Drinking water, waste water, storm water and industrial
Point Source (PS) - means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.
Non-Point Source (NPS)
September 2017
©2017 Nyemaster Goode, P.C.

7. Iowa nutrient reduction strategy
Focused on Nitrogen and Phosphorus to the Mississippi River
Final Draft Released in January 2013
Total Reduction Goal: 45% for Non-Point Source (NPS) and Point Source (PS)
Integrated Strategy
Non-Point Source: Science Assessment for NPS agricultural producers with voluntary implementation of conservation practices
Point Source: Technology Assessment for major wastewater treatment facilities
Estimated Cost
NPS: Initial Investment Costs range from $1.2 to $4 billion
PS: Capital and operation costs over 20 years of approximately $1.5 billion
Water Quality Trading Included in Final Draft and Annual Updates
September 2017
©2017 Nyemaster Goode, P.C.

8. Nitrogen Makeup www.nyemaster.com September 2017
Source: Iowa Nutrient Reduction Strategy and Libra, R.D.,Wolter, C.F., and Langel, R.J Nitrogen and Phosphorus Budgets for Iowa and Iowa Watersheds. Iowa Geological Survey Technical Information Series 47, 43p
September 2017
©2017 Nyemaster Goode, P.C.

9. Water Quality Trading 2003 EPA Water Quality Trading Policy
Allows a Point Source to Purchase "Credits" to Reduce Pollutants More Cost Effective Than with Technology at the Plant
Previously Solely Compliance Driven with Numeric Nutrient Criteria or TMDL
Too Restrictive and Limited Success
Updated Language in 2016 INRS with Iowa League of Cities' 2014 USDA NRCS Conservation Innovation Grant
September 2017
©2017 Nyemaster Goode, P.C.

10. Iowa Nutrient Reduction exchange
Utilize Motivations
Environmental benefits, flood mitigation, source water protection, economic development, habitat development, nutrient reduction, increased production
Track Multi-Benefit Investments
Provide Incentives for Investment
Improved ratios, environmental excellence, longer term schedules, etc.
September 2017
©2017 Nyemaster Goode, P.C.

11.
September 2017
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12. Resources for Investment
September 2017
©2017 Nyemaster Goode, P.C.

13. Iowa SRF – sponsored Project Program
Overview
Borrowing from the Clean Water SRF from the Iowa Finance Authority (IFA) for an infrastructure project + a nonpoint source watershed project that is financed through an interest rate reduction on the original loan
Cities
Dubuque
$70 million wastewater upgrade allowed for projects in Bee Branch and Catfish Creek Watersheds
Fort Dodge
$30 million water and wastewater projects created three phase project with stream stabilization, lake watershed practices and practices along Des Moines River
Northwood
$9 million wastewater uprade allowed for nearly $900,000 CREP Wetland with Drainage District 21 and includes partnership with IDALS
September 2017
©2017 Nyemaster Goode, P.C.

14.
September 2017
©2017 Nyemaster Goode, P.C.

15. USDA NRCS – Regional Conservation Partnership Program (RCPP)
Overview
USDA Program through the Natural Resources Conservation Service (NRCS) that utilizes multiple funding authorities to connect partners with producers and private land owners to design and implement voluntary conservation solutions
Cities
Cedar Rapids
The Middle Cedar Partnership Project (MCPP) received $2.1 million in grant in 2015 and leveraged an additional $2 million in match
Charles City
City along with the Upper Cedar Watershed Urban- Rural Partnership received $1.6 million in 2016
September 2017
©2017 Nyemaster Goode, P.C.

16. HUD Flood Resilience Grant
Overview
The Iowa Flood Center was part of a multidisciplinary team that brought the new $96.9M HUD grant to Iowa. The Iowa Watersheds Approach will address issues associated with the devastating and dangerous floods Iowa communities experience year after year. Through a holistic approach, the IWA will seek to reduce flood risk, improve water quality, increase resilience, engage stakeholders, improve the quality of life for vulnerable populations, and develop a program that is scalable and replicable in other areas.
Watersheds
Dubuque
West Nishnabotna (Mills, Fremont)
East Nishnabotna (Fremont)
North Raccoon (Buena Vista, Pocahontas)
Middle Cedar (Tama, Benton)
Clear Creek (Iowa, Johnson)
English (Iowa)
Upper Wapsipinicon (Buchanan, Delaware)
Upper Iowa (Allamakee, Winneshiek).
September 2017
©2017 Nyemaster Goode, P.C.

17. Iowa Water Quality Initiative
Overview
Portion of Iowa Water Quality Initiative through the Iowa Department of Agriculture and Land Stewardship is focused on urban conservation projects with annual request for proposals
Cities
Storm Lake
Rural/Urban interface bioreactor project
Des Moines
Easter Lake stormwater project
Davenport
Urban bioreactor project
September 2017
©2017 Nyemaster Goode, P.C.

18. Iowa Water Quality Legislation
Overview
Priority legislation for both Chambers and the Governor that will include a state-money only Revolving Loan Fund and a PS grant program
September 2017
©2017 Nyemaster Goode, P.C.

19. What Next? www.nyemaster.com September 2017
©2017 Nyemaster Goode, P.C.

20. 2015 Conservation innovation grant
Technical Advisory Committee
Storm Lake and Dubuque Pilot Trades
Early Adoption Letter
Incentives List
Housing of NRE
September 2017
©2017 Nyemaster Goode, P.C.

21. Questions and Contact Information
Dustin Miller
(515)
Robert Palmer
Director of Government Affairs and Legislative Counsel
(515)
September 2017
©2017 Nyemaster Goode, P.C.