On October 20, 2009, Senator Ben Cardin and Congressman Elijah Cummings introduced the Chesapeake Clean Water and Ecosystem Restoration Act in Congress to reauthorize Section 117 of the Clean Water Act. Passing a reauthorized bill will be the most important legislation for the Chesapeake Bay since the Clean Water Act was established 37 years ago.
What is Section 117 of the Clean Water Act?
In the second half of the 20th Century, this country saw rivers catch fire and water pollution that was widespread and a national embarrassment. In response, Congress wisely established the Clean Water Act in 1972 to promise this nation 'fishable, swimmable' waters. Fifteen years later in 1987, Congress added a section—Section 117—to establish the Chesapeake Bay Program and set federal water quality policy specifically for the six-state Chesapeake Bay watershed. That section was reauthorized in 2000 but expired in 2005. It needs to be reauthorized, and the in authorizing it Congress needs to strengthen that section.
Why Does Congress Need to Strengthen Section 117 of the Clean Water Act?
When first passed in 1972, the Clean Water Act was revolutionary. But in the interim since then, we understand much more about what pollutes our waterways.
As it is currently written, the federal Clean Water Act provides only weak tools to address a critical source of pollution—nonpoint pollution (runoff from rooftops, streets, and farm fields). This is a critical problem for the Chesapeake Bay because nonpoint sources account for more than 60 percent of the nitrogen, phosphorus, and sediment currently degrading water quality and harming Bay life. State laws and enforcement have not filled the gap. As a result, despite a long history of formal agreements and other promises, not nearly enough has been done to stem the flow of pollution to the Bay and its tributaries.
How Should Congress Strengthen Section 117 of the Clean Water Act?
In 2008, the Chesapeake Bay Foundation (CBF) began advancing the concept that reauthorization of Section 117 could help strengthen the Clean Water Act as it pertains to the Chesapeake Bay—if it included key elements that
- Provide substantial incentives to states to reduce pollution from all sources to meet clean water requirements,
- Require state implementation plans to stay on track towards completion in 2025, and
- Establish firm consequences if commitments are not met.