Bob Filner: “It is true that the section of the Clean Water Act that the gentleman from Texas (Mr. Barton) referred to provides that…”

“It is true that the section of the Clean Water Act that the gentleman from Texas (Mr. Barton) referred to provides that permits are not required where stormwater runoff is diverted around mining operations or oil and gas operations and does not come into contact with overburdened raw material product or processed wastes. This was in recognition of the fact that there are several situations in mining and oil and gas industries where stormwater is already channeled around plants and operations in a series of ditches in order to prevent such pollution of the stormwater. But this section does not include any stormwater runoff that has been contaminated by contact with overburdened raw material where ends meet products, et cetera. The soils that are disturbed in drilling wells are both overburdened and waste products. There is no evidence anywhere, even in the industry comments, that suggest that stormwater is routed around these drilling and construction sites as it is in the operation sites. In fact, what I wanted to bring in the argument is there is no evidence, even from the oil and gas industries, even from the GOP, that the stormwater flowing through the construction sites are free of sediments or other pollutants.”