Clean Water Protection Act

The Clean Water Protection Act (HR 2169) was introduced in the 110th Congress by Rep. Frank Pallone (D-N.J.) with principle co-sponsor Christopher Shays (R-Conn.) and 60 other co-sponsors on May 4, 2007. It was referred that date to the House Committee on Transportation and Infrastructure and ultimately its Subcommittee on Water Resources and Environment. If passed, the bill would help prevent the mining industry from dumping into streams and rivers.

Bill summary
The sole purpose of the Clean Water Protection Act was to clarify the definition of "fill material." The act attempts to define it as:

"Fill Material- The term `fill material' refers to any pollutant that replaces portions of the United States' water with dry land, or anything that changes the bottom elevation of a body of water for any purpose. The term does not include any pollutant discharged into the water primarily to dispose of waste."



Background
In 1977, The Clean Water Act was passed to prevent industry from dumping waste into waterways. In 2002, however, under the watch of the Bush Administration, definitions in the law were changed to loosen the definition of fill material, or materials that are allowed to be dumped. These new definitions allowed for certain types of mining waste to be dumped, and as a result, debris from mountaintop removal became acceptable fill material. Coal companies began dumping millions of tons of mine waste into waterways using a streamlined permitting process. Joan Mulhern of Earthjustice commented, "Nothing is more inconsistent with the Clean Water Act than allowing the nation’s waterways to be filled and destroyed by industrial waste-yet that is precisely what the Bush administration’s new regulation is intended to permit."