[Congressional Record Volume 141, Number 24 (Tuesday, February 7, 1995)]
[Extensions of Remarks]
[Pages E285-E286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                      AMENDING THE CLEAN WATER ACT

                                 ______


                     HON. RANDY ``DUKE'' CUNNINGHAM

                             of california

                    in the house of representatives

                       Tuesday, February 7, 1995
  Mr. CUNNINGHAM. Mr. Speaker, on February 2, 1995, I was pleased to 
join my colleagues from San Diego in introducing H.R. 794. 
Representative Bilbray's bill, H.R. 794, is intended to amend the Clean 
Water Act to exempt San Diego from secondary sewage treatment 
requirements of its wastewater.
  Current law requires every city, no matter its environmental 
conditions, to handle sewage at the secondary level. However, study 
after study has concluded that sewage treated at advanced primary 
levels and released into ocean depths greater than 300 feet does not 
harm the environment. With this in mind, it 
[[Page E286]] seems senseless to appropriate billions of dollars to 
upgrade a system to secondary treatment when our ocean waters are 
adequately protected at the primary levels.
  The Environmental Protection Agency [EPA] has been trying to force 
San Diego to upgrade its wastewater treatment plant, at a cost of 
billions, to comply with the act. The Clean Water Act mandates that 
cities use secondary treatment of sewage which removes at least 85 
percent of the solids from sewage. However, San Diego's Point Loma 
Wastewater Treatment Plant uses advanced primary treatment to remove 
approximately 82 percent of the solids before it is discharged 4.5 
miles out into the ocean.
  For years, San Diego has argued that because of its deep ocean 
outfall, secondary treatment of its sewage is unnecessary and costly. 
According to noted scientists from Scripps Institute of Oceanography, 
it may even be detrimental to the environment. That is why I am 
encouraged that H.R. 794 would allow the city of San Diego to be free 
of the requirements regarding biological oxygen demand and total 
suspended solids in the effluent discharged into marine waters. Such 
modifications will not alter the balance of our marine life and 
viability.
  As a Representative of San Diego, a retired naval officer, and all 
around sea-lover, I have immense concerns for the proper treatment of 
our waters. San Diego is unique in its ability to discharge of its 
waste into deep waters. We are unlike so many cities that must 
discharge into lakes and rivers. I believe this issue should be treated 
as a matter of common sense. According to current law, San Diego would 
be required to waste money to alter a system that has proven 
successful. The intent of H.R. 794 is to allow San Diego to treat its 
sewage in a cost-effective, as well as environmentally safe, manner.
  Finally, I would like to thank Representative Bilbray for his efforts 
in this regard. This legislation would help to right a major wrong for 
San Diego. I look forward to the consideration of H.R. 794 in the near 
future. Speaker Gingrich has also stated his concern for this unique 
situation. Speaker Gingrich has proposed that 1 day a month be set 
aside in the House for the consideration of bills, such as this, 
targeted to eliminate specific activities of Federal agencies that are 
deemed stupid. I believe this is a perfect example of an unfunded 
mandate at its worst. As witnessed by majority votes in the House and 
Senate, there is a need to prevent Congress from imposing mandates, 
often unnecessary, on States without providing the proper funding for 
them.


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