NRECA filed comments with the Environmental Protection Agency (EPA) regarding whether pollutant discharges from 'point sources' that reach surface waters via groundwater should be subject to Clean Water Act jurisdiction (also referred to as the 'direct hydrologic connection theory'). NRECA believes that such discharges can be and are appropriately controlled through existing federal and state laws and programs explicitly designed to protect groundwater. NRECA urges EPA to issue a clear statement that the introduction of pollutants into groundwater by any source, without regard to the potential for such pollutants to reach navigable waters, does not require a permit under the National Pollution Discharge Elimination System (NPDES) and to follow up with a notice-and-comment rulemaking to formalize this exclusion from NPDES permitting. FULL COMMENTS
NRECA is also a member of the Utility Solid Waste Activities Group (USWAG), which also filed comments on this issue.