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October 24, 1997AMSA Voices Support for Gore Clean Water Initiatives -- Forms Clean Water Task Force
On October 24, AMSA sent a letter to Vice President Al Gore strongly supporting the Clean Water Initiatives, which he announced last weekend. As was reported in this week's Regulatory Alert 97-24, the initiatives recognize the success of the first 25 years of the Clean Water Act and call for a "comprehensive approach to water quality at all levels of government."AMSA's letter to the Vice President expresses our interest in working with the EPA and other federal agencies as they develop a "comprehensive Action Plan" that addresses three major goals: 1) enhanced protection from public health threats posed by water pollution; 2) more effective control of polluted runoff; and 3) promotion of water quality protection on a watershed basis. The letter also announces the formation of an AMSA Clean Water Task Force, which can be used as technical resource by the EPA and other agencies as they develop the Action Plan.
ELI Releases Report on State Enforceable Mechanisms for Nonpoint Source Pollution
AMSA's Legal Affairs Committee, which met on October 21 during WEFTEC'97, were among the first to receive copies of the Environmental Law Institute's (ELI) newly released report entitled, "Enforceable State Mechanisms for the Control of Nonpoint Source Water Pollution." The report examined the laws of the 50 states, Puerto Rico, and the District of Columbia to identify and analyze enforceable mechanisms for the control of nonpoint source water pollution.In the absence of federal legislation or regulation to deal with nonpoint source discharges, the study found that nearly all states have some statutory authority in the form of agricultural laws, forestry laws, fish and game laws, nuisance prohibitions, general water pollution discharge prohibitions, land use planning and regulation laws, and criminal laws. However, despite the states' wide array of enforceable mechanisms, few are exercised and therefore have little impact on the control of nonpoint sources of pollution. Many states authorities are watershed-based, or targeted solely upon critical areas, buffers, or particular impaired waters. State laws also often delegate standard setting, implementation, or enforcement duties to units of local government or conservation districts.
According to the report, the most sophisticated state enforceable requirements are arising on a targeted watershed basis. There are typically more explicit operating requirements and clearer enforcement authorities in the context of watershed protection areas, estuaries and coastal waters, wild and scenic rivers, and targeted impaired waters.
In summary, the report identifies the kinds of responses that state and federal decision makers can draw upon in filling identified gaps in dealing with nonpoint source pollution and to assist in the development of state enforceable mechanisms. For example, the report calls for federal assistance by undertaking studies of the effectiveness of these authorities in particular watersheds and with respect to particular impaired waters. The report also calls for comparison studies of approaches along different waterways. The ELI report's findings may prove helpful in efforts to strengthen nonpoint source controls in a reauthorized Clean Water Act. AMSA members will be forwarded copies of the report in a upcoming Legislative Alert.