Graves Condemns EPA Aggression in Platte County

WASHINGTON, D.C. – U.S. Representative Sam Graves (MO-06), House Small Business Committee Chairman, was recently in the Parkville area to highlight the ongoing attempt by the Environmental Protection Agency (EPA) and the Army Corps of Engineers to undercut property owners and those who depend on their land to earn a living.

Specifically, the EPA recently released a new proposal that would dramatically expand its authority to regulate ponds, ditches, and gullies under the Clean Water Act (CWA).  This unprecedented move employs arbitrary, ambiguous, and confusing terms to expand the size and scope of the EPA’s authority, which is often exercised locally by the Army Corps of Engineers.

“This land grab is an infringement on our property rights, and the consequences will be fewer jobs, more permitting, higher costs, lengthy litigation, and more delay and disruption for property owners.  It’s not just property rights that are at risk like we see in Parkville.  Any industry that relies on land use, such as farming and home building, will fall victim to the mandates of Washington bureaucrats," said Congressman Graves.

Last week, Parkville resident Steve Hall took Congressman Graves on a tour of his property in unincorporated Platte County, so that he could tell the story behind his EPA ordeal.

“I've spent nine weeks begging the Army Corps of Engineers and the EPA for permission to build a small pond where no water presently exists.  If the EPA can fine a private landowner $152,200 for building a pond designed to capture runoff on private property near Parkville, then the real question is what can't they do?  Remember, we are talking about a private gully that holds no water and drains into a creek located 2.5 miles from the Missouri River.  Sadly, I can neither afford the fine or a lawsuit.  Hence, no pond and the EPA wins," said Hall.

Congressman Graves and Steve Hall survey a dry ditch that would be deemed a tributary leading from Hall’s pond under the EPA’s redefinition of “navigable” waterways.
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BACKGROUND

Steve Hall purchased land near Parkville to build a family home.  With the intent of building a pond on his property, Mr. Hall complied with Missouri Department of Conservation guidelines and subsequently received permits from Platte County and the City of Parkville to build the pond.

EPA OVERREACH

Acting on a suggestion to contact the Army Corps of Engineers for a second opinion, the Corps declared Hall’s property jurisdictional under the EPA interpretation of the Clean Water Act.  According to the ruling, the property’s topography is vital to the ecosystem and building a small pond would have untold adverse effects. 

FINANCIAL BURDEN

The pond that Mr. Hall would like to construct cannot be built unless the Corps approves the permit, and Mr. Hall pays $165,000.00 in environmental mitigation and excavator’s impact fees, which are required for a 200” x 400” x 8” deep pond.

CONGRESSIONAL ACTION

Although the EPA is attempting to bypass Congress to gain a stronger foothold on private property, Congressman Graves plans to introduce legislation that will allow Congress to serve as a roadblock for senseless and overbearing regulation.

The House Small Business Committee, chaired by Congressman Graves, will conduct a hearing next week to evaluate the EPA’s impact on farmers and home builders.

The Regulatory Flexibility Act (RFA) requires federal agencies to assess the economic impact of their regulations on small businesses, and if significant, consider less burdensome alternatives.  Although the law has been on the books for more than three decades, agencies still fail to fully comply with the RFA's requirements.  To address this shortcoming, the Small Business Committee, led by Congressman Graves, approved the Regulatory Flexibility Improvements Act.  The bill, which has since been passed by the House, would require agencies to consider indirect impacts of regulations, so the consequences on the economy are better understood.
 

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