H.R. 1549 -- The National Clean Water Trust Fund Act

Introduced by Rep. Pete Visclosky (April 22, 1999)

Cosponsors: Lipinski, Lowey, Maloney (NY), Bonior, Filner, Gutierrez, Gejdenson, Frank, Towns, Owens, McKinney, Hastings (FL), Hinchey, Quinn, Clayton, DeLauro, Lewis (GA), Danner, Stark, Matsui, Minge, Carson, English, Ackerman, Norton, Traficant, Bentsen, Evans, Kucinich, Davis (FL), Andrews, DeFazio, Blumenauer, Davis (IL), Klink, Hill (IN), Hooley, Kaptur, Roemer, Dingell, Pelosi, Baird, E. Johnson (TX), McGovern, Vento, Forbes, Tubbs Jones, Ehlers, Pallone, Phelps

Referred to: House Committee on Transportation & Infrastructure.

Summary:

I introduced this legislation, H.R. 1549, to protect and preserve our waterways in Northwest Indiana and throughout the country. H.R. 1549 would create a fund established from fines, penalties, and other monies collected through enforcement of the Clean Water Act. The money in the fund would be used to help clean up the polluted waters for which enforcement actions and fines were necessary.

Currently, there is no guarantee that fines or other monies that result from violations of the Clean Water Act will be used to correct water quality problems. Instead, some of the money goes into the general fund of the U.S. Treasury without any provision that it be used to improve the quality of our nation's waters.

I am concerned that the Environmental Protection Agency (EPA) enforcement activities are extracting large sums of money from industry and others through enforcement of the Clean Water Act, while we ignore the fundamental issue of how to pay for the cleanup of the water pollution problems for which the penalties were levied. If we are really serious about ensuring the successful implementation of the Clean Water Act, we should put these enforcement funds to work and actually clean up our nation's waters. It does not make sense for scarce resources to go into the bottomless pit of the Treasury's general fund, especially if we fail to solve our serious water quality problems due to lack of funds.

Specifically, H.R. 1549 would establish a National Clean Water Trust Fund within the U.S. Treasury for fines, penalties and other monies, including consent decrees, obtained through enforcement of the Clean Water Act that would otherwise be placed into Treasury's general fund. Under my proposal, the EPA Administrator would be authorized to prioritize and carry out projects to restore and recover waters of the United States using the funds collected from violations of the Clean Water Act. However, this legislation would not preempt citizen suits or in any way preclude EPA's authority to undertake and complete supplemental environmental projects (SEPs) as part of settlements related to violations of the Clean Water Act and/or other legislation.

For example, in 1993, Inland Steel announced a $54.5 million multimedia consent decree, that included a $26 million SEP and a $3.5 million cash payment to the U.S. Treasury. I strongly support the use of SEPs to facilitate the cleanup of serious environmental problems, which are particularly prevalent in my congressional district. However, my bill would dedicate the cash payment to the Treasury to the Clean Water Trust Fund. The bill further specifies that remedial projects be within the same EPA region where enforcement action was taken. Northwest Indiana is in EPA Region 5 and there are 10 EPA regions throughout the United States. Under my proposal, any funds collected from enforcement of the Clean Water Act in Region 5 would go into the national Clean Water Trust Fund and, ideally, be used to clean up environmental impacts associated with the problem for which the fine was levied.

To illustrate how a national Clean Water Trust Fund would be effective in cleaning up our nation's waters, I would like to highlight the magnitude of the fines that have been levied through enforcement of the Clean Water Act. Nationwide, in Fiscal Year (FY) 1998, EPA assessed $58 million in penalties for violations of the Clean Water Act.

H.R. 1549 also instructs EPA to coordinate its efforts with the states to prioritize specific cleanup projects. Finally, to monitor the implementation of the National Clean Water Trust Fund, I have included a reporting requirement in my legislation. One year after enactment, and every two years thereafter, the EPA Administrator would make a report to Congress regarding the establishment of the trust fund.

In reauthorizing the Clean Water Act, we have a unique opportunity to improve the quality of our nation's waters. The establishment of a National Clean Water Trust Fund is an innovative step in that direction. By targeting funds accrued through enforcement of the Clean Water Act that would otherwise go into the Treasury Department's general fund we can put scarce resources to work and facilitate the cleanup of problem areas throughout the Great Lakes and across this country.

Status:

Referred to House Committee on Transportation and Infrastructure

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