[CPEO-MEF] Letter to Senators Warner and Levin

[CPEO Moderator <cpeo@cpeo.org>]

The following letter was sent to Senators John Warner and Carl Levin on
25 April, 2003.
___________________________________________________________________

Association of Metropolitan Water Agencies
American Water Works Association
National Association of Water Companies
Association of California Water Agencies

April 25, 2003

The Honorable John Warner
Chairman
Committee on Armed Services
United States Senate
Washington, DC 20510

The Honorable Carl Levin
Ranking Member
Committee on Armed Services
United States Senate
Washington, DC 20510

Dear Senators Warner and Levin:

We are writing today to express the opposition of our organizations to
certain provisions in the Department of Defense's Readiness and Range
Preservation Initiative, the broadened definition of "operational
range," and the DoD's proposal to secure the right of removal of Safe
Drinking Water Act cases from state courts to federal courts. If
enacted, these provisions could greatly impact the safety of water
supplies throughout the country and force consumers to bear the costs
for cleaning up DOD-related contamination and securing alternative water
sources.

In the Readiness and Range Preservation Initiative, new definitions of
“solid waste” and “release” would exempt the DoD from key provisions of
the Resource Conservation and Recovery Act and the Comprehensive
Environment Response, Compensation, and Liability Act. The exemptions
would inhibit the ability of EPA, its state partners or water systems to
prevent contamination and prevent the loss of drinking water sources.
The DoD proposal would require human health and environmental affects to
occur beyond the boundaries of an operational range before action could
be taken. Acting only after the damage has been done will incur
unnecessary public health risks, unacceptable losses of water sources,
and high costs to clean up water supplies and/or secure alternative
sources.

The proposed broadened definition of "operational range," would appear
to include DOD contractor facilities, labs, or retired training or
research sites. In conjunction with the Readiness and Range Preservation
Initiative, the broader definition would provide too many opportunities
for DoD to block EPA, its state partners or even water systems from
interceding to protect a water source threatened with contamination on a
DoD-related site.

Many water systems across the United States have experienced
contamination of their water supplies by the rocket fuel component
perchlorate, for instance. It is well known that the Colorado River and
the Central Arizona Project canal, both of which serve as drinking water
sources for many large and small communities in the Southwest, are
contaminated with perchlorate. In addition, there are at least two dozen
known cases of groundwater, soil and surface water being contaminated by
DoD-related sites in Alabama, Arizona, California, Maryland, Missouri,
New Mexico, Texas, Utah, Washington and West Virginia. If the DoD
proposals are enacted, EPA, states and water systems would be inhibited
from addressing or preventing this type of contamination.

Our organizations also oppose the DoD's proposed amendment to the Safe
Drinking Water Act (SDWA) to provide that a federal agency has a right
of removal to a federal district court of any proceeding in a state
court against such agency. We oppose this provision because it could
interfere with the ability of states and local governments to protect
drinking water supplies and public health. The SDWA specifically states
that nothing in the SDWA or any other law of the United States shall be
construed to prohibit, exclude, or restrict any state or local
government from bringing any action or obtaining any remedy or sanction
in any state or local court against an agency of the federal government
under state or local law to enforce any requirement respecting the
provision of safe drinking water. DoD proposes to negate this provision
in the SDWA.

The DoD's proposals would leave many contaminated lands and sources of
drinking water unprotected and undermine the ability of water systems to
provide Americans with clean, safe drinking. We respectfully urge you to
oppose enacting these provisions into law.

Sincerely,

Diane VanDe Hei      Tom Curtis
Executive Director      Deputy Executive Director
Association of Metropolitan Water Agencies  American Water Works
Association


Peter Cook       Stephen Hall
Executive Director      Executive Director
National Association of Water Companies   Association of California
Water Agencies

CC: Committee Members

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