[Congressional Record Volume 141, Number 42 (Tuesday, March 7, 1995)]
[Extensions of Remarks]
[Pages E538-E539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


              NATIONAL CLEAN WATER TRUST FUND ACT OF 1995

                                 ______


                        HON. PETER J. VISCLOSKY

                               of indiana

                    in the house of representatives

                         Tuesday, March 7, 1995
  Mr. VISCLOSKY. Mr. Speaker, today, I am introducing legislation to 
expedite the cleanup of our Nation's waters. This bill, the National 
Clean Water Trust Fund Act of 1995, would create a trust fund 
established from fines, penalties, and other moneys collected through 
enforcement of the Clean Water Act to help alleviate the problems for 
which the enforcement 
[[Page E539]] actions were taken. This legislation is identical to a 
measure I introduced with bipartisan support in the last Congress, and 
it was the model for a provision I secured in last year's Clean Water 
Act reauthorization bill, H.R. 3948.
  Currently, there is no guarantee that fines or other moneys 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 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, my bill would establish a national clean water trust 
fund within the U.S. Treasury for fines, penalties, and other moneys, 
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 [SEP's] 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, which included a $26 million SEP and a $3.5 
million cash payment to the U.S. Treasury. I strongly support the use 
of SEP's 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 cleanup 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 1994, EPA assessed $35 
million in penalties for violations of the Clean Water Act. These 
penalties represented 27 percent of all penalties assessed by EPA under 
various environmental statutes.
  My bill also instructs EPA to coordinate its efforts with the State 
in prioritizing 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 2 years thereafter, the EPA Administrator would make a report 
to Congress regarding the establishment of the trust fund.
  My legislation has garnered the endorsement of several environmental 
organizations in northwest Indiana, including the Grand Calumet task 
force, the northwest Indiana chapter of the Izaak Walton League, and 
the Save the Dunes Council. Further, I am encouraged by the support 
within the national environmental community and the Northeast-Midwest 
Institute for the concept of a national clean water trust fund. I would 
also like to point out that, in a 1992 report to Congress on the Clean 
Water Act enforcement mechanisms, and Environmental Protection Agency 
workgroup recommended amending the Clean Water Act to establish a 
national clean water 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. I urge my colleagues to support this important legislation.


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