Raw Sewage Overflow Community Right-to-Know Act

Floor Speech

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Mrs. TAUSCHER. Madam Speaker, I raise in support of H.R. 2452, the Raw Sewage Overflow Community Right-to-Know Act. Sewer overflows present serious threats to the environment and to human health. Our crumbling wastewater infrastructure has resulted in an increasing number of sewage spills, most commonly through combined sewer overflows and sanitary sewer overflows.

As this Congress works to reauthorize the Clean Water State Revolving Fund and improve our wastewater infrastructure, it is essential that our constituents receive prompt notification when a spill occurs. H.R. 2452 provides a national Standard for such notification and permits the use of Clean Water State Revolving funds for publically-owned treatment works to monitor their infrastructure for spills.

In California, we have an existing notification process that is the most aggressive in the Nation. I applaud Chairman OBERSTAR and his staff for recognizing the existence of State notification programs and ensuring that duplication of State and Federal standards does not overburden local sanitation officials. In this bill, States like California may operate their own notification program if the EPA certifies that it is substantially equivalent to the Federal program.

I would like to include a letter from the California Association of Sanitation Agencies that expresses full support for H.R. 2452. I commend Mr. BISHOP and Mr. OBERSTAR for their hard work on this legislation, and urge my colleagues to support the Raw Sewage Overflow Community Right-to-Know Act.

CALIFORNIA ASSOCIATION OF

SANITATION AGENCIES,

Sacramento, CA, June 23, 2008.
Hon. JAMES L. OBERSTAR,
Chairman, Committee on Transportation and Infrastructure, U.S. House of Representatives, Washington, DC.
Hon. JOHN MICA,
Ranking Republican, Committee on Transportation and Infrastructure, U.S. House of Representatives, Washington, DC.

DEAR CHAIRMAN OBERSTAR AND RANKING MEMBER MICA: On behalf of the California Association of Sanitation Agencies (CASA), I write in support of H.R. 2452, which would address the important issue of reporting and notification for sewer overflows. This legislation represents the culmination of a collaborative approach involving wastewater treatment operators and the environmental community. We appreciate the committee's willingness to address CASA's concerns.

CASA understands that the legislation has been amended to address one of our major concerns, which relates to longstanding California requirements for notification of regulatory authorities and the public in the event of a sewer spill that threatens public health or the environment. Specifically, the amendment provides a delegation process so that existing state notification programs designed to inform- the public of health threats emanating from sewer overflows will not be supplanted, provided EPA determines that the programs are substantially equivalent to the federal program. This is vital to avoid inefficient and potentially confusing duplication of effort. Further, this amendment will allow POTWs to target their limited resources to fulfilling their responsibilities as first responders when spills occur. Second, we understand that the committee report clarifies that satellite collection systems are not subject to the provisions of the bill. This is important because many regional POTWs do not manage these upstream systems, and have no authority for spills that occur from facilities outside their jurisdiction.

There is one provision in the amended bill that has given rise to a new concern. This new provision is designed to ensure that the notification provisions of the bill will be implemented in a timely matter. However, as written, there is no mechanism for informing permittees of their new, fully enforceable obligations, which appears to be at odds with basic due process rights. We hope that as Congress considers the bill that this matter can be further reviewed and addressed prior to final passage.

Again, we appreciate the opportunity to work with the committee on this important legislation.

Sincerely,

KAMIL AZOURY,
President.

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