[Congressional Record Volume 161, Number 158 (Tuesday, October 27, 2015)]
[House]
[Pages H7193-H7194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      HOLDING THE EPA ACCOUNTABLE

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Georgia (Mr. Westmoreland) for 5 minutes.
  Mr. WESTMORELAND. Mr. Speaker, I rise today to bring awareness to the 
reckless acts of the Environmental Protection Agency.
  On August 5, 2015, the EPA triggered the release of millions of 
gallons of toxic waste into the Animas River near Durango, Colorado, 
containing lead, arsenic, and other pollutants.
  Originally, contaminated water was seeping into the Gold King Mine 
from another nearby mine. When the Gold King Mine owner refused to 
allow the EPA on his property, the EPA threatened to fine him up to 
$35,000 a day--let me repeat--$35,000 a day for a leak that wasn't 
coming from the owner's mine. It was only after these thuggish threats 
that he was forced to let the EPA on his property.
  In fact, as recently as last week, investigators from the Interior 
Department concluded their independent investigation into the August 
spill and determined that the spill was preventible and occurred due to 
the actions of the EPA. The best that EPA administrator Gina McCarthy 
could do is say

[[Page H7194]]

that she was ``deeply sorry'' and that the spill was a ``tragic and 
unfortunate accident.'' That is not all: there was no accountability, 
no reparation, nothing.
  How can the American people trust a government agency charged with 
protecting our environment when the same Agency is responsible for 
causing even more damage? Actions speak louder than words. This is more 
of the same from the EPA. They are another arm of the Federal 
Government looking to bully private citizens, but this is nothing new 
from the EPA.
  Almost a decade ago, a gentleman from my district faced a costly, 
almost devastating battle with the EPA. Mr. Paul McKnight owned an old 
cotton warehouse in Senoia, Georgia. After a former deadbeat tenant of 
Mr. McKnight, who had already been responsible for the EPA spending 
$1.6 million in a brownfield cleanup, could not afford to remove 2,000 
barrels of toxic waste from this warehouse that Mr. McKnight knew did 
not exist, the EPA was called in to inspect the building by some 
anonymous caller who said that they could smell a leak. Once the EPA 
got there, their inspector said they couldn't smell a leak. There was 
no leak, but they did find 2,000 barrels containing toxic material.
  Without Mr. McKnight's knowledge, the EPA declared this warehouse an 
``imminent fire hazard'' and cleaned up the chemicals at a cost of 
$800,000, even though the previous tenant had a bid of 170. Later, at a 
public forum, an EPA representative stated that the EPA had the funds 
to clean up the warehouse, only to bill Mr. McKnight later for that 
overpriced cleanup. Not only did they bill him for the overpriced 
cleanup, but they sought over $1 million in cleanup fees and placed a 
lien on his real estate holdings, including his farm and his home.
  I helped Mr. McKnight to get the case reconsidered. After 8 years in 
court, he was able to get it reduced down to $600,000.
  The EPA shouldn't use legal loopholes and cower behind exemptions at 
the cost of taxpayers and, not only that, to charge somebody that had 
no knowledge of the barrels even being there, rather than the man who 
put the barrels there. This gentleman served 1 year and 4 months in 
Federal prison for this. It was his second offense, and yet Mr. 
McKnight was fined over $1 million.
  That is why I have introduced three bills over the last 2 months 
targeting the EPA. My bills: H.R. 3531, No Exemptions for EPA Act; H.R. 
3655, EPA Pays Act; and H.R. 3699, Judgment Fund Taxpayer 
Accountability Act are all aimed at holding the EPA to the same 
standards and requirements as private citizens.
  My bills remove these legal loopholes for the EPA and force them to 
repay the Federal Government for any damages the EPA causes. If I were 
to accidentally cause the same disaster, do you think that I would get 
off by just saying ``I'm sorry and I promise not to do it again''? That 
is why we have introduced these three bills.
  So I ask my colleagues to, please, join me in holding the EPA 
accountable in any future accidents by supporting H.R. 3531, 3655, and 
3699.

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