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These are the words of U.S. Senator Edmund Muskie on November
2, 1971, during his introduction of the bill that would become the Federal
Clean Water Act. At that time pollution and raw sewage from 60 percent
of the nation’s population was dumped directly into our rivers and
lakes. Ninety percent of U.S. watersheds were characterized as polluted.
And in January 1969 the Cuyahoga River in Cleveland burst into flames (not
for the first time) fueled by oil and industrial wastes. Then, in June
1969, a blowout at an oil-drilling platform off the coast of Santa Barbara
spilled 200,000 gallons of crude oil, marring 35 miles of California coastline.
Public outrage over these and similar incidents drove the passage the Clean
Water Act. In warning the U.S. House against the dangers of failing
to override President Richard Nixon’s veto, Representative Thomas ‘Tip’ O’Neill
from Boston stated, “Should we fail to act, future generations of
Americans living with dirty, unsafe rivers and lakes would know where to
squarely fix the blame with the Congress that refused to override the groundless
objections of the President.”
I remember the Cuyahoga River ablaze and that I couldn’t swim in
the Hudson, the Charles or the Potomac growing up. In 1970 these insults
helped trigger the largest public demonstration in American history. Twenty
million Americans hit the streets on Earth Day, demanding that our political
leaders clean up our water and air. The Clean Water Act was the legislative
response. It promised to make every American river fishable and swimmable
and to end all discharges of pollutants into America’s waterways.
The results of that environmental law are demonstrated in improved water
quality in rivers, lakes and coastal waters across this country.
In many ways, the Act truly did turn the tide on water pollution. We
drastically reduced the percentage of our waters deemed unsafe for fishing
and swimming, invested billions in sewage treatment plants and cut the
rate of wetlands loss by three-quarters.
A key element to the successes achieved to date is the Act’s combination
of techniques to revive the nation’s waters. The Act sets minimum
standards for wastewater treatment and provides funding for improvements
at municipal wastewater treatment plants; it requires all discrete dischargers
of pollutants (i.e., point sources) to obtain individual, tailored permits
that clearly specify the discharge requirements necessary to prevent degradation
of its receiving waters; and it requires states to identify all waters
that are too polluted to be used safely, determine maximum pollutant loads
for those waters and implement a cleanup plan.
But even after 34 years of progress, clean water remains an elusive goal.
Most Americans believe that the national bipartisan consensus for clean
water still holds. Like motherhood and apple pie, they don’t believe
that an American politician or corporation would oppose clean water. Unfortunately,
this belief is wrong. The Bush administration has weakened or eliminated
requirements for treating raw sewage, cleaning up polluted waters, keeping
solid wastes out of waters and protecting wetlands and streams. The Clean
Water Act’s principal goal of eliminating all pollution discharges
has been disregarded like water in a flush toilet.
Unfortunately, each one of the Clean Water Act’s core concepts is
under attack by President Bush. This administration has derailed clean
water advances, broadened loopholes and legalized previously prohibited
destructive practices. The rules and policies of the Bush administration
are rapidly undoing past progress and undermining the billions of dollars
our country has invested in the effort to clean the waters.
While overall water pollution levels have decreased dramatically since
the passage of the Act, data show a dangerous trend. In 2002, EPA released
its biennial survey of the quality of the nation’s waters. It showed
that for the first time since the passage of the Clean Water Act water
pollution levels were again on the rise. A recent EPA survey found
that more than half of all U.S. streams are now polluted. Many of the details
of the decline of our waterways remains obscure because the White House
has derailed funding for scientific studies and resisted the requirement
in the Clean Water Act that EPA report to Congress and the public on the
health of America’s waterbodies. Waterkeeper Alliance is working
to force EPA to release this information.
We know that thanks to Bush administration policies the amount of untreated
sewage still reaching our rivers, lakes and coasts is massive and growing.
Modest rainstorms send billions of gallons of raw sewage carrying infectious
pathogens – microbes, viruses and parasites – into our waterways
and drinking water supplies. Even during dry weather outdated and badly
maintained sewage systems spill untreated waste into our waterways.
Each year the U.S. experiences about 40,000 overflows of raw sewage and
the attendant garbage – such as syringes, toxic industrial waste
and contaminated stormwater – into our waters. And each year
about 400,000 sewage backups pollute the basements of American homes. These
overflows expose communities to a host of deadly diseases. These
overflows contaminate drinking water and cause beach closings, fish kills,
shellfish bed closures and gastrointestinal and respiratory illnesses.
Sewage-infested waters pose the greatest threat for children, the elderly
and those with weakened immune systems. Indeed, each year 3.5 million
people are made sick from swimming in water contaminated by sewage overflows
and an additional 500,000 from drinking contaminated water. The federal
Centers for Disease Control and Prevention estimates that 900 die from
waterborne infections each year.
We also know that regulation of sewage treatment is flowing backwards.
Right now, EPA is in the process of approving a Blending Policy that
allows for the mixing and releasing of sewage and stormwater. But for
decades we have known better. Dilution is not the solution to pollution.
Fixing the problem is.
Allowing improperly treated and/or untreated wastewater to enter waters
of the United States represents a giant step backwards from the goals
and spirit of Clean Water Act. Yet, instead of tackling this problem
by requiring sewage treatment agencies to remedy or cease their illegal
discharges, EPA wants to sanction illegal blending and allow the discharge
of raw and partially treated sewage from inadequate treatment plants.
The implementation of the proposed Blending Policy will increase levels
of pathogens and other dangerous pollutants in our waterways and mean
more of our sewage will reach our rivers and beaches.
While the Bush administration rolls back protections for water quality,
and state and federal officials avoid their responsibility to enforce
the law, raw sewage flows into our waters. Meanwhile, Americans are
often denied even rudimentary public notice of such contamination in
the waters from which they drink and where they swim and fish. As the
late Senator Edmund S. Muskie said in 1971, “The fact of raw sewage floating in our river
outrages us.”
More than thirty years later, it still outrages your local Waterkeepers. |

Robert
F. Kennedy, Jr. |