[Congressional Record Volume 143, Number 19 (Thursday, February 13, 1997)]
[Extensions of Remarks]
[Page E256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF THE NATIONAL CLEAN WATER TRUST FUND ACT OF 1997

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                        HON. PETER J. VISCLOSKY

                               of indiana

                    in the house of representatives

                      Thursday, February 13, 1997

  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 1997, 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 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 amendment that received 156 votes in 1995 
during House consideration of legislation to reauthorize the Clean 
Water Act.
  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 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, 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 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 1996, EPA assessed $85 
million in penalties for violations of the Clean Water Act.
  My bill also instructs EPA to coordinate its efforts with the States 
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 Indiana Division 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 
Congressional Coalition 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 EPA 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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