Volume 156, No. 174 covering the 2nd Session of the 111th Congress (2009 - 2010) 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.
“CLARIFYING FEDERAL RESPONSIBILITY TO PAY FOR STORMWATER POLLUTION” mentioning the Environmental Protection Agency was published in the Extensions of Remarks section on pages E2258-E2259 on Dec. 29, 2010.
The publication is reproduced in full below:
CLARIFYING FEDERAL RESPONSIBILITY TO PAY FOR STORMWATER POLLUTION
______
speech of
HON. EDDIE BERNICE JOHNSON
of texas
in the house of representatives
Wednesday, December 22, 2010
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I rise in strong support of S. 3481, a bill that would clarify Federal responsibility for stormwater runoff from buildings, facilities, and lands owned or operated by the Federal Government. This common sense bill ensures that the Federal Government maintains its equitable responsibility for stormwater pollution runoff originating or emanating from its property.
I applaud the outstanding work of the sponsors of this legislation, the distinguished Senator from the State of Maryland (Mr. Cardin), as well as the sponsor of the House companion for this bill, the Delegate from the District of Columbia (Ms. Norton), for their efforts to move this legislation so quickly to the President's desk.
Madam Speaker, simply put, this legislation clarifies that Federal agencies and departments are financially responsible for any reasonable Federal, State, or locally-derived charges for treating or otherwise addressing stormwater pollution that emanates from Federal property.
Existing section 313 of the Clean Water Act states that ``Each department, agency, or instrumentality . . . of the Federal Government
. . . shall be subject to, and comply with, all Federal, State, interstate, and local requirements . . . including the payment of reasonable service charges.''
Unfortunately, over the past few months, Congress has learned of several Federal agencies, including some here in the Nation's Capital, that have made the determination that stormwater management fees are
``taxes'' for which the agencies have claimed sovereign immunity and have refused to pay.
This has left several State and local municipalities with the financial responsibility of addressing ongoing sources of pollution to the nation's waters that any other private business, landowner, or homeowner would otherwise be responsible for paying.
Polluted runoff from urban areas is the fastest growing source of water pollution in America. As urbanization increases, impervious surfaces such as highways, roads, parking lots, and buildings replace non-impervious surfaces that absorb stormwater.
Runoff from impervious surfaces is a central cause of pollution for the nation's waters, and is estimated to be the primary source of impairment for 13 percent of rivers, 18 percent of lakes, and 32 percent of estuaries in the U.S. These are significant figures, especially given that urban areas cover only 3 percent of the land mass of the country.
Even here, in the Nation's Capital, pollution from stormwater runoff poses a significant challenge to the quality of local receiving waters, and negatively impacts the overall environmental health of the Chesapeake Bay.
According to the Environmental Protection Agency, stormwater runoff from urban and suburban areas is ``a significant source of impairment to the Chesapeake Bay.'' According to Agency statistics, 17 percent of phosphorus, 11 percent of nitrogen, and 9 percent of sediment loads to the Bay come from stormwater runoff.
In addition, chemical contaminants from runoff can rival or exceed the amount reaching local waterways from industries, federal facilities, and wastewater treatment plants.
Several states and municipalities, including the District of Columbia, have taken aggressive action to address these ongoing sources of pollution.
Yet, when a significant percentage of property owners take the position that they cannot be held responsible for their pollution, it places a greater financial burden on our States, cities, communities, and local-ratepayers, and makes it less likely that significant reductions in stormwater pollution can be achieved.
S. 3481 amends section 313 of the Clean Water Act to clarify that
``reasonable service charges'' for addressing pollution from Federal facilities includes reasonable nondiscriminatory fees, charges, or assessments that are based on the proportion of stormwater emanating from the facility and used to pay (or reimburse) costs associated with any stormwater management program.
This is a simple effort to clarify, again, that the Federal Government bears a proportional responsibility for addressing pollution originating from its facilities, and should remain an active participant in improving National water quality and the overall environment.
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