[Congressional Record Volume 156, Number 174 (Wednesday, December 29, 2010)]
[Extensions of Remarks]
[Pages E2258-E2259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CLARIFYING FEDERAL RESPONSIBILITY TO PAY FOR STORMWATER POLLUTION

                                 ______
                                 

                               speech of

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                      Wednesday, December 22, 2010

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I rise in strong 
support of S. 3481, a bill that would clarify Federal responsibility 
for stormwater runoff from buildings, facilities, and lands owned or 
operated by the Federal Government. This common sense bill ensures that 
the Federal Government maintains its equitable responsibility for 
stormwater pollution runoff originating or emanating from its property.
  I applaud the outstanding work of the sponsors of this legislation, 
the distinguished Senator from the State of Maryland (Mr. Cardin), as 
well as the sponsor of the House companion for this bill, the Delegate 
from the District of Columbia (Ms. Norton), for their efforts to move 
this legislation so quickly to the President's desk.
  Madam Speaker, simply put, this legislation clarifies that Federal 
agencies and departments are financially responsible for any reasonable 
Federal, State, or locally-derived charges for treating or otherwise 
addressing stormwater pollution that emanates from Federal property.
  Existing section 313 of the Clean Water Act states that ``Each 
department, agency, or instrumentality . . . of the Federal Government 
. . . shall be subject to, and comply with, all Federal, State, 
interstate, and local requirements . . . including the payment of 
reasonable service charges.''
  Unfortunately, over the past few months, Congress has learned of 
several Federal agencies, including some here in the Nation's Capital, 
that have made the determination that stormwater management fees are 
``taxes'' for which the agencies have claimed sovereign immunity and 
have refused to pay.
  This has left several State and local municipalities with the 
financial responsibility of addressing ongoing sources of pollution to 
the nation's waters that any other private business, landowner, or 
homeowner would otherwise be responsible for paying.
  Polluted runoff from urban areas is the fastest growing source of 
water pollution in America. As urbanization increases, impervious 
surfaces such as highways, roads, parking lots, and buildings replace 
non-impervious surfaces that absorb stormwater.
  Runoff from impervious surfaces is a central cause of pollution for 
the nation's waters, and is estimated to be the primary source of 
impairment for 13 percent of rivers, 18 percent of lakes, and 32 
percent of estuaries in the U.S. These are significant figures, 
especially given that urban areas cover only 3 percent of the land mass 
of the country.
  Even here, in the Nation's Capital, pollution from stormwater runoff 
poses a significant challenge to the quality of local receiving waters, 
and negatively impacts the overall environmental health of the 
Chesapeake Bay.
  According to the Environmental Protection Agency, stormwater runoff 
from urban and suburban areas is ``a significant source of impairment 
to the Chesapeake Bay.'' According to Agency statistics, 17 percent of 
phosphorus, 11 percent of nitrogen, and 9 percent of sediment loads to 
the Bay come from stormwater runoff.
  In addition, chemical contaminants from runoff can rival or exceed 
the amount reaching local waterways from industries, federal 
facilities, and wastewater treatment plants.
  Several states and municipalities, including the District of 
Columbia, have taken aggressive action to address these ongoing sources 
of pollution.
  Yet, when a significant percentage of property owners take the 
position that they cannot be held responsible for their pollution, it 
places a greater financial burden on our States, cities, communities, 
and local-ratepayers, and makes it less likely that significant 
reductions in stormwater pollution can be achieved.
  S. 3481 amends section 313 of the Clean Water Act to clarify that 
``reasonable service charges'' for addressing pollution from Federal 
facilities includes reasonable nondiscriminatory fees, charges, or 
assessments that are based

[[Page E2259]]

on the proportion of stormwater emanating from the facility and used to 
pay (or reimburse) costs associated with any stormwater management 
program.
  This is a simple effort to clarify, again, that the Federal 
Government bears a proportional responsibility for addressing pollution 
originating from its facilities, and should remain an active 
participant in improving National water quality and the overall 
environment.