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INTRODUCTION

This Committee print is an updated compilation of legislation developed by the Committee on Public Works in the field of water pollution control and environmental quality.

The Public Works Committee is basically concerned with environment and development. In the minds of some people these two areas are diametrically opposed. We know, however, that development is necessary to provide the food, water, transportation and economic well-being necessary for our growing population. We take as our approach that reasoned development is essential-development which considers environmental values in relationship to public need.

The Committee's long history as a guardian of our environment is evidenced by its pioneering work in water pollution control. Prior to the Reorganization Act of 1946 there had been some legislation enacted in this general field-The Refuse Act of 1899, The Public Health Service Act of 1912 and The Oil Pollution Act of 1924. However, it was not until after the Committee on Public Works was established and considered the problem of water pollution control to be sufficiently serious for national attention that, in 1948, the first comprehensive measure aimed specifically at that problem was enacted. This landmark legislation was Public Law 80-845.

Public Law 80-845 essentially had a five-fold purpose:

1. Authorized the Surgeon General to assist in and encourage state studies and plans, interstate compacts, and creation of uniform state laws to control pollution.

2. Supported research.

3. Authorized the Department of Justice to bring suits to require an individual or firm to cease practices leading to pollution-suits could be brought only after notice and hearing, and only with the consent of the State.

4. Established the Federal Water Pollution Control Advisory Board.

5. Provided authorization for funding.

a. $22.5 million a year for Fiscal Years 1949-1953 for low interest (2 percent) loans for construction of sewage and waste treatment works. Loans limited to $250,000 or one-third the cost of the project.

b. $1 million a year for Fiscal Years 1949-1953 for grants to States for pollution studies.

c. $800,000 a year for Fiscal Years 1949-1953 for grants to aid in drafting construction plans for water pollution control projects. Public Law 82-579, enacted in 1952 extended the provisions of the 1948 Act for an additional three years through Fiscal Years 19541956.

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The emergence of the national water pollution control program as a permanent program came about with the enactment of Public Law 84-660 in 1956. This Act, which was brought about by the efforts of the Public Works Committee, provided legislation of a comprehensive nature and permitted Federal participation in a wide variety of activities, including Federal-State cooperation in developing comprehensive programs, increased technical assistance, intensified and broadened research, provided $3 million a year in grants for Fiscal Years 1957-1961 to assist in the preparation of State plans for pollution control, $500 million for grants to help local communities build sewage treatment plants for Fiscal Years 1957-1966, and modified and simplified enforcement measures for controlling pollution of interstate

waters.

In 1961, the Nation was beginning to realize the need for an active and accelerated water pollution control program. After considerable hearings, the Public Works Committee recommended to the Congress H.R. 6441 and this eventually became enacted as Public Law 87-88. The major provisions of that Act were as follows:

1. Vested administration of program in Secretary of Health, Education, and Welfare (previously Surgeon General).

2. Authorize grants to local communities for sewage treatment plants of:

a. $80 million in Fiscal Year 1962

b. $90 million in Fiscal Year 1963

c. $100 million in Fiscal Years 1964-1967.

3. Raised Federal contribution to 30 percent of total cost or $600,000 whichever was less (formerdy 30 percent or $250,000).

4. Permitted Federal grants as high as $2.4 million where communities unite to build one project.

5. Authorized seven regional laboratories for research and demonstration in improved methods of sewage treatment and control.

6. Permitted the HEW Secretary, through the Justice Department, to bring court suits to require an offender to cease activities causing pollution in interstate waters without seeking permission of the State.

7. Extended pollution abatement procedures of the Act to navigable intrastate and coastal waters, but required permission of owners before Federal enforcement suit could be brought to stop activities in such waters. (Previously, abatement procedures applied only to interstate waters).

The water pollution control program as we know it today was put into present shape by enactment of The Water Quality Act of 1965 and The Clean Waters Restoration Act of 1966.

Under The Water Quality Act of 1965, the States were given the initial opportunity of adopting by June 30, 1967, water quality standards for their interstate waters, and plans to implement and enforce the standards for approval by the Secretary of Interior as Federal standards. (The Reorganization Plan No. 2 which was effective May 10, 1966, transferred the Federal Water Pollution Control Administration, as well as most of the functions of the Secretary of HEW authorized by the Federal Water Pollution Control Acts, to the Secretary of the Interior.) If a State fails to adopt adequate criteria

and plans, the Secretary is authorized to initiate Federal actions to establish standards.

The Water Quality Act of 1965 also provided for grants for research and development in better methods of controlling pollution from stormwater and combined sewer overflows and for increased amounts for constructing sewage treatment works ($150 million for Fiscal Years 1966 and 1967).

The Clean Water Restoration Act of 1966 authorized a massive Federal participation in the construction of sewage treatment grants. The legislation authorized a total Federal expenditure of $3,550,000,000 during Fiscal Years 1967-1971. Unfortunately, despite the demonstrated need for such Federal expenditures, the appropriations for Fiscal Years 1967-1970 have been just a little over 50 percent of the authorized amounts.

The Water Quality Act of 1970 is the latest of the major water pollution control legislation originating in the Committee on Public Works. This legislation included major innovations in the law concerning oil pollution from vessels and on-shore and off-shore facilities, Federal permits and licenses, sewage pollution from vessels, and hazardous substances discharged into the waters of the United States. In addition, one of the most important provisions is the creation of the Office of Environmental Quality to furnish staff support for the Council of Environmental Quality established pursuant to Public Law 91-190. This staff will monitor the national federal pollution control efforts and the Committee is certain that it will be in the forefront of our national effort to preserve our environment.

This compilation should prove to be a valuable working tool to the Committee in its consideration of future legislative action and to everyone who has an interest in this field.

GEORGE H. FALLON, Chairman, Committee on Public Works.

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