On the recordApril 29, 2015
Mr. Chairman, the amendment is very simple. It strikes section 104 of this bill. Section 104 would prevent the Army Corps of Engineers from updating regulations pertaining to the definitions of ``fill material'' or ``discharge of fill material'' for the purposes of the Clean Water Act. When Congress first enacted the Clean Water Act, and for nearly 35 years after its passage, the law kept America's lakes, rivers, and streams safe from mining pollution, protecting our wildlife and our drinking water. That is no longer the case today. My amendment would remove this anti-Clean Water Act rider. Current and future administrations should have the flexibility to change the definitions of ``fill material'' or ``discharge of fill material'' should they wish to. When Congress first enacted the Clean Water Act, the 404 permit process was supposed to be used for certain construction projects like bridges and roads where raising the bottom elevation of a water body or converting an area into dry land was unavoidable. Under a 2002 rule change, the definition of ``fill material'' was broadened to include: ``rock, sand, soil, clay, plastics, construction debris, wood chips, and overburden from mining or other excavation activities.'' The revised rule also removed regulatory language which previously excluded ``waste'' discharges from section 404 jurisdiction, a change that some argue allows the use of 404 permits to authorize certain discharges that harm the aquatic environment.…