NSDC Invites Special Districts to Join in Support of Bill to Ensure Efficient Use of Fire Retardant Against Wildfire
A recent lawsuit filed in Montana has raised questions about the process for fire districts to use retardants to protect their communities. Districts across the country are joining in support of legislation that would keep this process streamlined.
H.R. 1586 and S. 796 would codify the informal exemption that federal, state, and local firefighting agencies leverage in order to use fire retardant in response to wildfire fighting and containment without seeking a National Pollution Discharge Elimination System (NPDES) permit otherwise required under the Clean Water Act.
Districts Supporting this Legislation
California
- City of Lake Elsinore; Jason Simpson, City Manager
- Golden Hills Community Services District (Tehachapi); Susan Wells, General Manager
- Durham Irrigation District; Matt Doyle, Board Chair
- Modoc County; Supervisor Ned Coe
- Montecito Fire Protection District; David Neels, Fire Chief
- Placer County Water Agency; Anthony Firenzi, Director of Strategic Affairs
- Riverside County; Supervisor Kevin Jeffries, Chair of the Board of Supervisors
- Stallion Springs Community Services District (Tehachapi); Vanessa Stevens, General Manager
- Tahoe City Public Utility District; Sean Barclay, General Manager
- Tuolumne Utilities District (Sonora); Don Perkins, General Manager
Colorado
- Eagle River Fire Protection District (Edwards); Kari Bauer, Fire Chief
- Elizabeth Fire Protection District; TJ Steck, Fire Chief
- Fraser Valley Metropolitan Recreation District; Scott Ledin, Executive Director
- Hot Sulphur Springs Fire Protection District; Toni Russell, Lieutenant
- Hyland Hills Park and Recreation District (Federal Heights); Yvonne Fischbach, Executive Director
- La Veta Fire Protection District; Ronald Jameson, Chief
- Lyons Fire Protection District; Paul Davidovich, President of the Board of Directors
- Summit Fire & EMS (Frisco); Travis Davis, Fire Chief
- Telluride Fire Protection District; John S. Bennett, District Chief
Idaho
- Lincoln County; Commissioner Rebecca Wood, Chairman of the Board
- Idaho County; Commissioner Skip Brant, Chairman of the Board
Florida
- Fort Myers Shores Fire Protection & Rescue Service District; Robert Rewis, Fire Chief
- Estero Fire and Rescue; Scott A. Vanderbrook, Fire Chief
- San Carlos Park Fire Protection & Rescue Service District; David Cambareri, Fire Chief/District Manager
Oregon
- Ashland Fire & Rescue; Ralph E. Sartain II, Fire Chief
- Chiloquin Fire & Rescue; C. Michael Cook, Fire Chief
- Clackamas Fire District; Nick Browne, Fire Chief
- Cove Rural Fire Protection District; Nathiel “Nate” Conrad, President
- Estacada Fire District; Ian O’Connor, Fire Chief
- Glide Rural Fire Protection District; Ted Damewood, Fire Chief
- Grant County; County Commissioner Jim Hamsher
- Hauser Rural Fire Protection District (North Bend); Jerry Wharton, Fire Chief
- Illinois Valley Fire District (Cave Junction); John J. Holmes; Fire Chief, Chief Executive Officer
- Jackson County Fire District 3; Mike Hussey, Fire Chief
- Junction City Rural Fire Protection District; Brandon Nicol, Fire Chief
- Keizer Fire District; Ryan Russell, Fire Chief
- Klamath Irrigation District; Gene Souza, Executive Director
- Lake Chinook Fire & Rescue (Culver); Don Colfels, Fire Chief
- Lebanon Aquatic District; Loree Engler, Executive Director
- Lebanon Rural Fire Protection District; Joseph Rodondi, Fire Chief
- Marion County Fire District #1; Kyle McMann, Fire Chief
- Medford Fire Department; Eric Thompson, Fire Chief
- McKenzie Fire/Rescue (Leaburg); Darren Bucich, Fire Chief
- Nestucca Rural Fire Protection District; James Oeder, Fire Chief
- Northern Wasco County People’s Utility District; Cyndi Gentry, Director of Corporate Services
- Ontario Rural Fire Protection District; Clint Benson, Fire Chief
- Port of The Dalles; Greg Weast, Commission President
- Rogue River Rural Fire Protection District (Gold Hill); Mike Hammond, Fire Chief
- Scappoose Fire District; Jeff Pricher, Fire Chief
- Sisters-Camp Sherman Rural Fire Protection District; Roger Johnson, Fire Chief
- South Lane County Fire & Rescue (Cottage Grove); John Wooten, Fire Chief
- Sunriver Fire Department; Rodney Bjorvik, Interim Fire Chief
- Tenmile Rural Fire District; Travis W. Henderson, Fire Chief
- Tygh Valley Water District; Dan Jaffe, Board Chair
- Umatilla County Fire District 1; Scott Stanton, Fire Chief
- Umatilla County Special Library District; Heather Estrada, District Director
- Vernonia Rural Fire Protection District; Robert Davis, Fire Chief
- Wasco County; County Commissioner Scott Hege
- Williams Rural fire Protection District; Bill Ertel, Board of Directors
Texas
- Travis County Emergency Services District No. 5; Chris Barron, Chief
Washington
- Yakima County; County Commissioner Amanda McKinney
Wyoming
- Park County Fire Protection District #2; Jerry Parker, Administrator/Fire Warden
Background on this Issue
Firefighting agencies use fire retardant as an effective tool for fire suppression without seeking a National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act (CWA). This has been assumed as permissible based on Environmental Protection Agency communications dating back to 1993. However, the ability for federal agencies to fight fires without seeking such permits is unofficial.
A lawsuit filed in a Montana U.S. District Court calls into question the assumption, alleging the use of fire retardant for firefighting without NPDES permit is a CWA violation. The Forest Protection and Wildland Firefighter Protection Act would resolve this question.
In summary, the bipartisan legislation would codify the exemption that federal, state, and local firefighting agencies – including fire protection districts – leverage in order to use fire retardant to slow the advancement of wildfire. In doing so, firefighters will continue to have a reliable tool to keep WUI communities safe and critical infrastructure intact.
Without this codification, the ability for fire agencies to use the exemption for the application of retardant to slow wildfire advancement and protect WUI communities is at risk.
NSDC holds a support position on H.R. 1586 and S. 796 with elevated priority. Many special districts provide a range of essential services – including fire protection – in WUI and high-fire risk communities across the country.
NSDC Advocacy Alert & Downloadable Materials
Advocacy Alert: NSDC Invites Special Districts to Join in Support of Bill to Ensure Use of Fire Retardant against Wildfire
The National Special Districts Coalition (NSDC) supports H.R. 1586 (LaMalfa) and S. 796 (Lummis), the Forest Protection and Wildland Firefighter Safety Act of 2023 to formalize an exemption to the Clean Water Act to ensure firefighting agencies can continue to use fire retardant to fight wildfire.
NSDC Advocacy Alert: Join Coalition of Support for H.R. 1586 & S. 796
NSDC invites all fire protection district and any other special districts providing essential services in high fire-risk, wildland-urban interface (WUI) communities to sign-on to a coalition letter of support to House and Senate Leadership as well as members of committees to which the bill has been assigned. Other interested local governments, agencies, and organizations concerned for the public health and safety of WUI communities are also welcome to sign-on.
- Click here to read the coalition letter to House leaders.
- Click here to read the coalition letter to Senate leaders.
For questions or concerns, contact Cole Arreola-Karr, NSDC Federal Advocacy Director, at colek@nationalspecialdistricts.org.
Take Action Now
Complete this form to submit your special district's support for H.R. 1586 (LaMalfa) and S. 796 (Lummis), the Forest Protection and Wildland Firefighter Safety Act of 2023.
Complete this form by Wednesday, May 31, 9 p.m. ET.
remaining to register your support!
Streamline is a proud gold-level affiliate and supporter of the National Special Districts Coalition, and believes that districts are stronger together.