[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[Extensions of Remarks]
[Page 23628]
[From the U.S. Government Publishing Office, www.gpo.gov]




    S. 3481--A BILL TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                      Wednesday, December 22, 2010

  Ms. NORTON. Madam Speaker, I rise today in strong support of S. 3481 
to amend the Federal Water Pollution Control Act, which clarifies that 
the Federal Government, like private citizens and businesses, must take 
responsibility for the pollution it produces. This bill is the Senate 
companion to my bill, H.R. 5724, cosponsored by my good friends from 
Virginia and Arizona, Rep. Jim Moran and Rep. Gabrielle Giffords. The 
bill passed the Senate with strong bipartisan support because the 
Senate understood that this is simply an issue of fairness and equity 
to users and a matter of managing pollution and protecting the 
environment, In fact, this bill simply clarifies current law, that the 
Federal Government has a responsibility to pay its normal and customary 
fees assessed by local governments for managing polluted stormwater 
runoff from federal properties, just as private citizens pay. The 
consequence of failing to pass this bill is that we give the Federal 
Government a free ride and pass its fees on to our constituents 
throughout the United States.
  Section 313 of the Federal Water Pollution Control Act states, ``Each 
department, agency, or instrumentality . . . of the Federal Government 
. . . shall be subject to, and comply with all Federal, State, 
interstate, and local requirements . . . in the same manner, and to the 
same extent as any nongovernmental entity including the payment of 
reasonable service charges.'' However, the Government Accountability 
Office issued letters to Federal agencies in the District of Columbia 
instructing them not to pay the District of Columbia's Water and Sewer 
Authority's (D.C. Water's) Impervious Area Charge. D.C. Water 
calculates the charges to manage stormwater runoff based on the amount 
of impervious land occupied by the landowner. Impervious surfaces, such 
as roofs, parking lots, sidewalks and other hardened surfaces are the 
major contributors to stormwater runoff entering the sewer system and 
local rivers, lakes and streams, causing significant amounts of 
pollutants to enter these waters. This bill clarifies that in my 
district and all others congressional districts, Federal agencies must 
continue to pay their utility fees instead of passing the fees to our 
constituents.
  Nothing in this Act was intended to affect the payment by the United 
States or any department, independent establishment, or agency thereof 
of any sanitary sewer services furnished by the sanitary sewage works 
of the District through any connection thereto for direct use by the 
government of the United States or any department, independent 
establishment, or agency thereof. The rules for those payments are set 
forth in law codified at section 34-2112 of the D.C. Code and nothing 
in this Act amends or otherwise affects those rules. This bill requires 
that Congress make available, in appropriations acts, the funds that 
could be used for to pay stormwater management charges, but not that 
the appropriations act would need to state specifically or expressly 
that the funds could be used to pay these charges.
  This bill is supported by the National Governors Association, the 
National Conference of State Legislatures, the Council of State 
Governments, the National Association of Counties, the National League 
of Cities, the U.S. Conference of Mayors, the International City/County 
Management Associations, as well as the National Association of Clean 
Water Agencies. All of these national groups understand that stormwater 
management fees, without any exceptions, are necessary for managing and 
reducing water pollution caused by stormwater runoff. Moreover, they 
understand that many agencies in States and localities may stop paying 
their water and stormwater management fees if we do not act, putting 
even more financial burden on residents.
  Federal law has mandated that these local governments must collect 
these fees. No exemption has been granted to Federal facilities. Please 
support S. 3481 to clarify the original intent of the law.
  I urge my colleagues to support this bill.

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