[Congressional Record (Bound Edition), Volume 149 (2003), Part 3]
[Extensions of Remarks]
[Page 4100]
[From the U.S. Government Publishing Office, www.gpo.gov]




             INTRODUCTION OF THE CLEAN WATER PROTECTION ACT

                                 ______
                                 

                        HON. FRANK PALLONE, JR.

                             of new jersey

                    in the house of representatives

                      Wednesday, February 12, 2003

  Mr. PALLONE. Mr. Speaker, today I introduce the Clean Water 
Protection Act, legislation to protect the beauty and quality of our 
nation's water resources. This legislation would add a definition to 
the Clean Water Act that would place a specific prohibition on the use 
of wastes in ``fill material'' that is placed in waters of the United 
States. I am pleased that my colleague, Representative Christopher 
Shays, has joined me in this effort.
  This legislation was predicated by an executive rule change on May 3, 
2002, that altered the long-standing definition of ``fill material'' in 
the Clean Water Act regulations enforced by the Environmental 
Protection Agency (EPA) and the Army Corps of Engineers (Corps). The 
Administration's new definition allows the Corps to permit waste to be 
used to fill streams, wetlands, and other waters. Importantly, the rule 
change would have nationwide effects, by allowing all industries to 
seek permits from the Corps to dump their wastes in waters.
  On May 8, 2002, a federal court in West Virginia decided that the 
Administration's rule change violated the Clean Water Act and was 
therefore illegal. Late last month, however, a U.S. appeals court in 
Richmond reversed the lowercourt ruling that would have ended the 
practice of filling rivers and streams with waste rock and dirt from 
mountaintop removal coal mining operations.
  There are far-reaching consequences of the Appellate Court's 
decision. The Administration's new definition of ``fill material'' is 
an attempt to legalize the dumping of countless tons of mountaintop 
removal coal mining waste--a practice that has already burned and 
destroyed 1,000 miles of Appalachian streams. The new rule also 
expressly allows hardrock mining waste, construction and demolition 
debris, and other types of harmful wastes to be dumped into rivers and 
streams across the country. Given the possible presence of contaminants 
such as heavy metals, asbestos, or harmful organic compounds in some of 
these wastes, the implementation of the new definition of ``fill 
material'' in the Corps'' regulations could have disastrous impacts 
even beyond the harm caused by burying streams and other waterways. 
Congress meant for the Clean Water Act to protect our nation's water 
resources; the Administrative rule change endangers those resources.
  The dangerous precedent set by the Administration's rule change 
undermines the Clean Water Act. This is why I have proposed the Clean 
Water Protection Act. This legislation would establish a definition for 
fill material in the Clean Water Act, such that no wastes could be used 
to bury our streams and wetlands. Creating a statutory definition of 
``fill material'' that expressly excludes waste materials will end the 
need for further court proceedings and will clarify environmental law 
consistent with the purpose of the Clean Water Act--to restore and 
maintain the chemical, physical, and biological integrity of the 
Nation's waters.
  Clean air and water are not partisan issues; they are issues of vital 
importance to all Americans. We cannot let the Clean Water Act fade 
into history as simply a ``romantic ideal'', but rather we must ensure 
the protection of our waters, so that our grandchildren have streams to 
play in and clean water to drink.
  Mr. Speaker, I urge my colleagues to support this legislation to 
protect the quality and magnificent beauty of our nation's streams and 
wetlands.

                          ____________________