Volume 141, No. 111 covering the 1st Session of the 104th Congress (1995 - 1996) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“REGULATORY REFORM” mentioning the Environmental Protection Agency was published in the Senate section on pages S9653 on July 11, 1995.
The publication is reproduced in full below:
REGULATORY REFORM
Mr. PRESSLER. Mr. President, during consideration of S. 343, the Regulatory Reform Act, I intend to offer an amendment to waive administrative and civil penalties for local governments when Federal water pollution control compliance plans are in effect.
I believe this amendment is a simple issue of fairness to local governments and I urge my colleagues to join me in supporting this amendment. I ask unanimous consent that my amendment be printed in the Record, along with my ``Dear Colleague'' letter.
There being no objection, the material was ordered to be printed in the Record, as follows:
Amendment No. --
At the appropriate place, insert the following:
SEC. . WAIVER OF PENALTIES WHEN FEDERAL WATER POLLUTION
CONTROL ACT COMPLIANCE PLANS ARE IN EFFECT.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following:
``(h) Waiver of Penalties When Compliance Plans Are in Effect.--
``(1) In general.--Except as provided in paragraph (2), notwithstanding any other provision of this Act, no civil or administrative penalty may be imposed under this Act against a unit of local government for a violation of a provision of this Act (including a violation of a condition of a permit issued under this Act)--
``(A) if the unit of local government has entered into an agreement with the Administrator, the Secretary of the Army
(in the case of a violation of section 404), or the State to carry out a compliance plan with respect to a prior violation of the provision by the unit of local government; and
``(B) during the period--
``(i) beginning on the date on which the unit of local government and the Administrator, the Secretary of the Army
(in the case of a violation of section 404), or the State enter into the agreement; and
``(ii) ending on the date on which the unit of local government is required to be in compliance with the provision under the plan.
``(2) Requirement of good faith.--Paragraph (1) shall not apply during any period in which the Administrator, the Secretary of the Army (in the case of a violation of section 404), or the State determines that the unit of local government is not carrying out the compliance plan in good faith.
``(3) Other enforcement.--A waiver of penalties provided under paragraph (1) shall not apply with respect to a violation of any provision of this Act other than the provision that is the subject of the agreement described in paragraph (1)(A).''.
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Washington, DC,
June 27, 1995.
Dear Colleague: When the Senate begins consideration of S. 343, the Regulatory Reform Bill, I intend to offer an amendment to lift the unfair burden of excessive civil penalties from the backs of local governments that are working in good faith with the Clean Water Act.
Under current law, civil penalties begin to accumulate the moment a local government violates the Clean Water Act. Once this happens, the law requires that the local government present a Municipal Compliance Plan for approval by the Administrator of the Environmental Protection Agency (EPA), or the Secretary of the Army in cases of Section 404 violations. However, even after a compliance plan has been approved, penalties continue to accumulate. In effect, existing law actually punishes local governments while they are trying to comply with the law.
Under my amendment, local governments would stop accumulating civil and administrative penalties once a Municipal Compliance Plan has been negotiated and the locality is acting in good faith to carry out the plan. Further, my amendment would act as an incentive to encourage governments to move quickly to achieve compliance with the Clean Water Act.
This amendment is a simple issue of fairness. Local governments must operate with a limited pool of resources. Localities should not have to devote their tax revenue to penalties, while having to comply with the law. Rather, by discontinuing burdensome penalties, local governments can better concentrate their resources to meet the intent of the law in protecting our water resources from pollution.
I hope you will join me in supporting this commonsense amendment for our towns and cities. If you have any questions or wish to cosponsor this amendment, please feel free to have a member of your staff contact Quinn Mast of my staff at 4-5842.
Sincerely,
Larry Pressler,United States Senator.
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