[Congressional Record Volume 146, Number 99 (Wednesday, July 26, 2000)]
[Senate]
[Page S7674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI:
  S. 2934. A bill to provide for the assessment of an increased civil 
penalty in a case in which a person or entity that is the subject of a 
civil environmental enforcement action has previously violated an 
environmental law or in a case in which a violation of an environmental 
law results in a catastrophic event; to the Committee on Environment 
and Public Works.


          the zero tolerance for repeat polluters act of 2000

  Mr. TORRICELLI. Mr. President, I rise today to draw attention to the 
increased number of environmental enforcement actions brought against 
repeat violators in the United States.
  In 1970, many of America's rivers and lakes were dying, our city 
skylines were disappearing behind a shroud of smog, and toxic waste 
threatened countless communities. Today, after a generation of 
environmental safeguards, our rivers and lakes are becoming safe for 
fishing and swimming again. Millions more Americans enjoy clean air and 
safe drinking water, and many of our worst toxic dumps have been 
cleaned. Yet more remains to be done before we can truly say our 
environment is a healthy environment.
  Indeed, in 1997 alone, over 11,000 environmental enforcement actions 
had to be taken at the State and Federal levels. Sadly, it is also 
becoming much more common for the defendants in these actions to be 
repeat violators. For instance, in 1994, a chemical company in New 
Jersey was fined $6,000 for environmental violations. Just four years 
later, the same chemical company was again cited for an environmental 
crime--releasing cresol into the air. Unfortunately, this time 53 
children and 5 adults had to be hospitalized and the EPA had to 
evacuate the local community.
  Incidents such as this are becoming all too common. Under current 
law, the penalties for repeat environmental violators, or parties 
responsible for environmental catastrophes resulting in serious injury, 
are too low. Indeed, paltry fines are insufficient deterrents for large 
corporations or parties that repeatedly commit environmental crimes. 
Between 1994 and 1998, New Jersey had 774 repeat violators--more than 
any other State in the nation. This lack of deterrence has serious 
repercussions for the environment and public health.
  To provide a real safeguard against these repeat violators, today I 
will introduce the ``Zero Tolerance for Repeat Polluters Act of 2000.'' 
This legislation will create stiffer penalties for repeat violators of 
environmental safeguards and provides penalties that will more 
accurately reflect the costs to public health and the environment of 
catastrophic events. The bill also gives the EPA emergency order and 
civil action authority to address imminent and substantial 
endangerments of health and environment and creates a new EPA trust 
fund into which recovered funds can be used to address other 
significant threats.
  Repeat environmental polluters that negligently endanger the public 
with their actions or inaction will not be tolerated. No individual or 
business should be able to endanger the public's health and safety with 
only the threat of a slap on the wrist hanging over them. The ``Zero 
Tolerance for Repeat Polluters Act of 2000'' goes a long way towards 
ensuring that public health and the environment are truly protected for 
future generations.
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