Clean Water Act : municipal issues : hearing before the Committee on Environment and Public Works, United States Senate, One Hundred Fourth Congress, first session, December 13, 1995

United States. Congress. Senate. Committee On Environment And Public Works

Sujets

• Water
• Sewage treatment
• Civil penalty
• United States

Informations

• Publié par: les_archives_du_savoir
• Nombre de lectures: 7
• Langue: English
• Poids de l'ouvrage: 10 Mo

Extrait

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ISSUESWATER ACT: MUNICIPALCLEAN
HEARING
BEFORE THE
COMMITTEE ON
AND PUBLIC WORKSENVIRONMENT
UNITED STATES SENATE
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION
DECEMBER 13, 1995
and Public Worksof the Committee on EnvironmentPrinted for the use
DEPOSITORY
RECEIVED
1 20033JUL
LIBRARYPUBLIC30ST0H
DEPARTMENTDOCUMENTSGOVERNMENT
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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 199625-887CC
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MUNICIPAL ISSUESCLEAN WATER ACT:
HEARING
BEFORE THE
COMMITTEE ON
WORKSENVIRONMENT AND PUBLIC
SENATEUNITED STATES
CONGRESSONE HUNDRED FOURTH
FIRST SESSION
DECEMBER 13, 1995
Environment and Public Worksfor the use of the Committee onPrinted
DEPOSITORY
^
Win
UMMC LIBRARY RECEIVED
1 20033JUL
LIBRARYPUBLICIBOSTOiJ
DEPARTMEWTDOCUMENTSGOVERNMENT
i
PRINTING OFFICEU.S. GOVERNMENT
25-887CC WASHINGTON : 1996
Printing OfficeFor sale by the U.S. Government
Sales Office, Washington,DC 20402Superintendent ofDocuments, Congressional
ISBN 0-16-052941-7COMMITTEE ON E^fVIRONMENT AND PUBLIC WORKS
JOHN H. CHAFEE, Rhode Island, Chairman
JOHN W. WARNER, Virginia MAX BAUCUS, Montana
ROBERT SMITH, New Hampshire DANIEL PATRICK MOYNIHAN, New York
LAUGH FAIRCLOTH, North CaroUna FRANK R. LAUTENBERG, New Jersey
DIRK KEMPTHORNE, Idaho HARRY REID, Nevada
JAMES M. INHOFE, Oklahoma BOB GRAHAM, Florida
CRAIG THOMAS, Wyoming JOSEPH I. LIEBERMAN, Connecticut
MITCH McCONNELL, Kentucky BARBARA BOXER, California
CHRISTOPHER S. BOND, Missouri
Steven J. Shimberg, Staff Director
J. Thomas Sliter. Minority Staff Director
(II)CONTENTS
Page
DECEMBER 13, 1995
OPENING STATEMENTS
Baucus, Hon. Max, U.S. Senator from the State ofMontana 13
7Hon. Christopher S., U.S. Senator from the State of MissouriBond,
Boxer, Barbara, U.S. Senator from the State of California 26
1Chafee, Hon. John H., U.S. from the ofRhode Island
27Inhofe, Hon. James M., U.S. Senator from the State ofOklahoma
New 6Lautenberg, Hon. Frank R., U.S. Senator from the State of Jersey
19Letters submitted for the record
Virginia 30Warner, Hon. John, U.S. Senator from the Commonwealth of 8,
WITNESSES
50Bilik, Al, president, AFL-CIO Public Employee Department
Dungan, Ronald S., senior vice president, United Water Resources, and presi-
53dent, National Association of Water Companies
165Articles, Wastewater Treatment Contract in Indianapolis
Letter, Indianapolis wastewater treatment plant, American Federation
174of State, County, and Municipal Employees, dated August 17, 1995
171Newsletter, Privatization Watch, May 1995
Prepared statement 144
Report, Indianapolis Advanced Wastewater Treatment Facilities, White
River Environmental Partnership 148
senior attorney, Natural Resources Defense Council, Inc. ... 43Landman, Jessica,
Articles, Boston Harbor Cleanup 117
Letters:
Municipal water issues, several city and State officials, dated October
1995 1232,
waterResponse to request for additional information on municipal
systems. Natural Resources Defense Council, dated January 26,
1261996
National Directory of Urban Watershed Restoration Efforts, by Center
Protection 119for Watershed
Prepared statement 101
executive director, Pennsylvania Infrastructure InvestmentMarchetti, Paul,
41Authority
99Prepared statement
Administrator, Office of Water, EnvironmentalPerciasepe, Robert, Assistant
9Protection Agency
72Prepared statement
Responses to questions from:
83Senator Reid
79 Warner
Bay Commission, on behalfPinault, Paul, executive director, Narragansett
40ofthe Association ofMetropolitan Sewage Agencies
97List, AMSA member agencies
91Prepared statement
2Pressler, Hon. Larry, U.S. Senator from the State ofSouth Dakota
71
LeagueWennberg, Jeffrey, mayor, Rutland, VT, on behalf of the National
38of Cities
88Prepared statement
(III)rv
Page
ADDITIONAL MATERIAL
amend the Federal Water Pollution Control Act to permitS. 1390, A bill to
a private person against whom a civil suit or administrative penalty is
assessed to use the amount of the penalty to fund a community environ-
mental pro_ject 62
S. 1391, A bill to amend the Federal Water Pollution Control Act to prohibit
the imposition of any civil or administrative penalty against a unit of
when withlocal government for a violation of the Act a compliance plan
respect to the violation is in effect 68
Letters:
Richmond, VA, dated Decem-Municipal water issues, CSO Partnership,
ber 1995 20112,
Stormwater provisions, Winston-Salem, NC, Public Works Department .... 28
Statements:
Cook, Michael B., director, Office of Wastewater Management, Environ-
mental Protection Agency 85
National Association of Flood and Stormwater Management Agencies 185
Survey Questionnaire on Municipal Separate Stormwater System
Permits 191
Water Environment Federation 176CLEAN WATER ACT: MUNICIPAL ISSUES
WEDNESDAY, DECEMBER 199513,
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The committee met, pursuant to notice, at 9:33 a.m. in room 406,
Senate Dirksen Building, Hon. John H. Chafee (chairman of the
committee) presiding.
Present: Senators Chafee, Bond, Warner, Thomas, Faircloth,
Lautenberg, Baucus, and Graham.
STATEMENT CHAFEE,OPENING OF HON.JOHN H.
U.S. SENATORFROMTHE STATE OFRHODE ISLAND
Senator Chafee. What we're starting today is the reauthoriza-
tion ofthe Clean Water Act.
At the beginning of the year in this committee, we set out on a
course that included action on four items that seemed relatively
easy or noncontroversial, ifyou would, and that we'd move on them
quickly. Then we'd follow up with the larger efforts which would
be involved with Superfund, Endangered Species and this, the
Clean Water Act.
The first four items took more time than we expected, as things
always seem to do in the Senate, but we're in pretty good shape.
The National Highway System Bill has been signed into law; the
Safety Drinking Water Act passed 99 to in the Senate; the Inter-
state Waste Bill also passed in the Senate; the Water Resources
Development Bill is on the Senate calendar with action expected
the first part of the next calendar year. So those are the four items
that we wanted to do and we've done. Now we get into the heavy
lifting.
We've also laid a good foundation on Superfund and the Endan-
gered Species Act with several thorough hearings on each. Now, we
turn to Clean Water.
As I've said many times, I think the Clean Water Act is one of
our most successful, if not the most successful, environmental pro-
gram we've had. The progress that has been made in restoring our
Nation's waters to support fish and wildlife, and for recreation and
commercial uses, is visible and remarked upon as an outstanding
achievement by every careful student of environmental law.
Yesterday, we had hearings on the reauthorization of the efforts
continue the protection of the striped bass. The striped bass hasto
come back from a low in 1984 when it really was in terrible danger
to record harvests now. Part of that was due, as the witnesses said,
curbing the overfishing that had taken place but a good portionto
(1)was also due to the fact that our waters are cleaner and the pollu-
tion has been removed to a considerable extent, so the striped bass,
which is an anadromous fish, can continue to breed and the young
stocks will survive.
As with all human endeavors, the improvements can be made to
the Clean Water Act. There are parts of the law that haven't
achieved their objectives; other parts that have proved difficult to
implement; and the water quality programs that we're just begin-
ning to understand in some instances. As everybody knows, section
404 of the Clean Water Act has been point ofa great concern and
contention. Senator Faircloth has been working on legislation to
amend section 404 and I'm committed withto him in an
attempt to reach common ground on those issues.
Section 404 reforms will be included with other Clean Water Act
amendments as part of a complete but modest reauthorization
package. I'm urging a limited agenda for this reauthorization. It
seems to me we've got to stay focused on the problems that need
to be fixed for two reasons. First, it's very difficult to get any envi-
ronmental bill all the way through the legislative process. The big-
ger the bill, the more difficult it gets. Trying to do too much puts
everything in jeopardy, including reforms that are essential.
Second, we must recognize that EPA and the States have limited
resources to implement the reforms we enact. We will undermine
our own priorities if we add a long list of other duties and man-
dates that are unrealistic in light of the very tight budgets that
governments at all levels are facing, including EPA.
The issues we are considering this morning, include reauthoriza-
tion of the State Revolving Loan Fund, the Grant Program, reform