On August 28, the Environmental Protection Agency (EPA)’s Waters of the U.S. Rule (WOTUS Rule) is scheduled to take full effect.
As you are well aware, this rule alters the definition of protected water under the Clean Water Act (CWA). Under WOTUS, private clubs across the country will likely have some of their ponds, creeks and streams fall under the CWA. As such, those clubs could be subject to EPA requirements that will regulate the use of certain chemicals and fertilizers on their golf courses.
EPA has determined that any water that might impact other water is now protected under the Clean Water Act. NCA and our allies on the Water Advocacy Coalition believe the EPA has over stepped its authority under the CWA with this determination; however, we were unable to stop the rule’s implementation. NCA will continue to support bipartisan legislation in the House of Representatives and Senate that will overturn WOTUS as well as focus on litigation to stop the EPA from moving forward.
Until there is some result from the courts, club leaders should consider beginning an audit of their course water. Club leaders will need to determine whether their water falls under one of these new categories and, if it does, ensure they meet the necessary requirements to avoid violating the CWA. (See related article of new categories.)
If NCA can be of any assistance in that process, please let us know. As always, when we receive additional information about the rule, we will pass that on to you.
For additional support, on Thursday, Sept. 10 at 2:00 p.m. ET, NCA will host the webinar, WOTUS: Implementation of the Final Clean Water Rule, presented by Deidre Duncan, partner at Hunton & Williams and legal counsel to the Waters Advocacy Coalition. Learn what the rule’s changes will mean to your club and how it will impact golf course design, construction and management in the future. The presentation will include:
- Brief history of the rule
- Final definition
- What’s changed
- Implementation
- The next six months
- What will agencies do?
- What should you do?
- Jurisdictional determinations
- Ongoing opposition
- Litigation & legislative efforts
To register for the webinar, click here.
Should you have any questions about the rule or its impact on your club, please contact NCA’s Vice President of Government Relations and General Counsel, Brad D. Steele, at [email protected].
Brad D. Steele is NCA’s VP of Government Relations & General Counsel.