[Congressional Record Volume 141, Number 111 (Tuesday, July 11, 1995)]
[Senate]
[Page S9653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           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).''.
                                                                    ____

                                               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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