[Congressional Record Volume 145, Number 44 (Friday, March 19, 1999)]
[Senate]
[Pages S3001-S3002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. COVERDELL (for himself, Mr. Breaux, Mr. DeWine, and Mr.
Grams):
S. 669. A bill to amend the Federal Water Pollution Control Act to
ensure compliance by Federal facilities with pollution control
requirements; to the Committee on Environment and Public Works.
the federal facilities clean water compliance act of 1999
Mr. COVERDELL. Mr. President, I rise today to introduce legislation
with the senior Senator from Louisiana, the senior Senator from Ohio,
and the junior Senator from Minnesota. This legislation--the Federal
Facilities Clean Water Compliance Act of 1999--will guarantee that the
federal government is held to the same full range of enforcement
mechanisms available under the Clean Water Act as private entities,
states, and localities. Each federal department, agency, and
instrumentality will be subject to and comply with all Federal, State,
and local requirements with respect to the control and abatement of
water pollution and management in the same manner and extent as any
person is subject to such requirements, including the payment of
reasonable service charges.
It has been over twenty-six years since the enactment of the Clean
Water Act. This Act has been an effective tool in improving the quality
of our nation's rivers, lakes, and streams. Over that period of time,
however, states have not had the ability to impose certain fines and
penalties against federal agencies for violations of the Clean Water
Act. This is a double standard that should not be continued.
In 1972, Congress included provisions on federal facility compliance
with our nation's water pollution laws in section 313 of the Clean
Water Act. Section 313 called for federal facilities to comply with all
federal, state, and local water pollution requirements. However, in
1992, the United States Supreme Court ruled in U.S. Dept. of Energy v.
Ohio, that States could not impose certain fines and penalties against
federal agencies for violations of the Clean Water Act and the Resource
Conservation Recovry Act (RCRA). Because of this decision, the Federal
Facilities Compliance Act (H.R. 2194) was enacted to clarify that
Congress intended to waive sovereign immunity for agencies in violation
of RCRA. Federal agencies in violation of the RCRA are now subject to
State levied fines and penalties. However, this legislation did not
address the Supreme Court's decision with regard to the Clean Water
Act. The Federal Facilities Clean Water Compliance Act of 1999 makes it
unequivocally clear that the federal government waives its claim to
sovereign immunity in the Clean Water Act.
The federal government owns hundreds of thousands of buildings,
located on millions of acres of land, none of which have to abide by
the same standards as a private entity does under the Clean Water Act.
This legislation simply ensures that the federal government lives by
the same rules it imposes on everyone else.
I would like to thank Senator Breaux, Senator DeWine, and Senator
Grams for cosponsoring this important legislation, and look forward to
working with them and my other colleagues in the United States Senate
on its speedy consideration.
Mr. BREAUX. Mr. President, I'm pleased to join Senator Coverdell,
Senator DeWine and Senator Grams in introducing the ``Federal
Facilities Clean Water Compliance Act of 1999.''
My primary reason for sponsoring the bill is to make the federal
Clean Water Act equitable by requiring that it apply to and be enforced
against the federal government.
Currently, states, local governments and the private sector do not
have immunity from the act's enforcement. By the same principle, the
federal government should not be granted such immunity from the clean
water statute and this bill provides that parity.
The bill also provides that the federal government would be subject
to all the same enforcement mechanisms that apply to states, local
governments and the private sector under the Clean Water Act.
Fairness, safety, public health and environmental protection all
dictate that Federal agencies should be held to the same standards for
water pollution prevention and control as apply to states, local
governments and the private sector.
Equity is ensured by our bill because all levels of government and
the private sector would be treated the same under the Clean Water
Act's enforcement programs. No one would be allowed immunity.
To paraphrase a well-known adage, what's good for states, local
governments and the private sector in terms of clean water should be
good for the federal government.
In addition to the provisions stated previously, the bill reflects
the adage's fairness principle in another fashion.
The bill would hold the federal government accountable to comply not
only with its own clean water statute, but also with state and local
clean water laws. Again, equity would be upheld. And, safety, public
health and environmental protection would be strengthened.
Other provisions are contained as well in the legislation which
Senator Coverdell, Senator DeWine, Senator Grams and I are introducing
today. For example, the EPA administrator, the Secretary of the Army
and the Secretary of Transportation would be authorized to pursue
administrative enforcement actions under the Clean Water Act against
any non-complying federal agencies. It also includes provisions for
federal employees' personal liability under the act's civil and
criminal penalty provisions and a requirement that the federal
government pay reasonable service charges when complying with clean
water laws.
Over the years, the United States has made dramatic advances in
protecting the environment as a result of the Clean Water Act. We have
all benefitted as a result.
Today, I encourage other Senators to join Senator Coverdell, Senator
DeWine, Senator Grams and me as cosponsors of the bill to bring equity
to the clean water program and to make possible the expansion of its
public and private benefits.
Mr. DeWINE. Mr. President, I rise today to join Senators Coverdell,
Breaux, and Grams in introducing the Federal Facilities Clean Water
Compliance Act of 1999. This legislation would
[[Page S3002]]
hold the Federal Government accountable under the Nation's Federal
water laws. Today, states, local governments and the private sector
must all comply with each and every Federal, State, and local water
requirement. The Federal Government does not.
Although Congress included provisions requiring Federal facilities to
comply with the Nation's water pollution laws in 1972, the United
States Supreme Court ruled that State governments could not impose
certain fines and penalties against Federal agencies for violations of
the Clean Water Act. While other legislation has forced the Federal
Government to comply with other environmental statutes, Congress has
not yet brought Federal facilities into compliance with the
requirements on the prevention and control of water pollution.
This legislation, however, guarantees that the Federal Government is
(1) held to the same enforcement mechanisms under the Clean Water Act
as private entities, states, and localities; (2) complies with all of
the Federal, State, and local requirements on the prevention and
control of water pollution; and (3) is responsible for the payment of
reasonable service charges.
The Clean Water Act celebrated its twenty-fifth anniversary two years
ago. As a result, the entire nation has benefitted from cleaner water.
In the interests of fairness, the Federal Government should not be
granted immunity from the Nation's clean water laws any longer. For the
sake of fairness, public safety and health, and environmental
protection, the Federal Government should be held to the same standards
for water pollution prevention and control as states, local governments
and the private sector.
Mr. GRAMS. Mr. President, I rise today in support of the Federal
Facilities Clean Water Compliance Act of 1999. I would like to thank
Senator Coverdell for bringing this important legislation forward again
in the 106th Congress.
Quite simply, this legislation would force federal agencies to comply
with the provisions of the Clean Water Act--something I believe most
citizens assume already takes place. Unfortunately, when Congress
passed the Clean Water Act in 1972, it left an out for federal agency
compliance with the law by allowing them to claim ``sovereign
immunity'' for protection against state actions or fines. So when
federal agencies are not complying with provisions of the Clean Water
Act, they can state in court that they are above the law.
I have always believed that the government must live under the same
rules that it forces everyone else to live under. Any government which
attempts to subvert the law or hide from responsibility by claiming
``sovereign immunity'' from environmental protection requirements, is a
government that is above the people it serves, rather than a servant of
the people. This legislation would reverse that trend, and force the
federal government to waive sovereign immunity when a state brings an
action under the Clean Water Act. And the bill ensures that any money
that state receives as a result of such an action is placed back into
programs that protect the environment or defray the costs of
environmental protection or enforcement.
I believe it is important that federal agencies comply with the
environmental standards Congress mandates everyone else must comply. By
passing the legislation we are offering today, we can restore a degree
of certainty to the American people and to our states and localities
that their federal government is not exempt from protecting the
environment and that their federal government is not above the law.
That is why I am proud to cosponsor this legislation. I look forward to
working with Senators Coverdell, DeWine, and Breaux over the coming
weeks and months in bringing this matter before the full Senate for
debate and a vote.
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