OPENING STATEMENT OF SENATOR JOHN H. CHAFEE
OCTOBER 13, 1999
HEARING ON CLEAN WATER ACT LEGISLATION

Good Morning. I would like to welcome everyone to the Committee and thank all of the witnesses for testifying. The purpose of today's hearing is to learn more about three bills that seek to amend different sections of the Clean Water Act.

The Clean Water Act has been one of our most successful environmental laws. Many of us are familiar with the statistic that before the Act was passed, two-thirds of our waterbodies were not suitable for fishing and swimming. Now, after almost three decades of hard work, roughly two-thirds of our waterbodies are fishable and swimmable.

While we have made outstanding progress under the Act, there is still a lot of work to be done. EPA estimates that over the next 20 years, our country faces $200 billion in waste water infrastructure needs. The threats to our waterbodies are also becoming more complicated and difficult to control.

Our first bill is S. 188, introduced by Senators Wyden and Burns. Last week we held a hearing to discuss the appropriate funding levels for the S-R-F. Today we will discuss a proposal to use the S-R-F to finance an expanded list of activities. The S-R-F is currently restricted to the construction of publicly owned treatment works, the implementation of non-point source management programs under section 319, and the development and implementation of estuary conservation management plans under Section 320. S. 188 would broaden that list to include projects that result in water conservation benefits or water quality improvements. Loans for these projects would be available to a wide range of entities, including water users' associations, non-profit private organizations, and lending institutions.

The second bill is S. 1706, a bill by Senator Hutchison of Texas relating to stormwater regulation. EPA is in the process of completing a rule-making to expand the scope of the Agency's stormwater regulations. S. 1706 would limit the scope of EPA's rule by providing statutory exemptions for certain categories, including vegetated ditches, construction sites under 5 acres, and routine road maintenance activities. In addition, the bill would limit the liability of local governments with respect to the actions of co-permittees and the implementation of control measures.

Our final bill is S. 669, by Senator Coverdell. The bill would waive the federal government's sovereign immunity under the Clean Water Act, and hold federal facilities to the same standard of compliance as states, local governments, and private entities. Specifically, S. 669 would subject non-complying federal facilities to the same administrative orders, penalties and fines that are used against other violators of the Act.