HomeMy WebLinkAboutRES-2010-072 Resolution – Clarification of Federal Jurisdiction Under Clean Water Act
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ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Clarification of Federal Jurisdiction under the Clean Water Act
Whereas, all Americans need clean water and healthy watersheds to ensure clean and safe
drinking water supplies and outdoor recreation, and to protect bridges, roads, hospitals,
treatment plants, and other critical infrastructure; and
Whereas, county officials are on the front lines in protecting the health, safety, and welfare
of the public; and
Whereas, for nearly 30 years, virtually all natural surface waters were "waters of the
United States" and protected by the Clean Water Act; and
Whereas, counties across the nation are facing increased flooding, surface water pollution,
toxic blue-green algae outbreaks, and problems caused by jurisdictional determinations -
all related to the lack of enforcement of the original Clean Water Act of 1972; and
Whereas, the Environmental Protection Agency estimates that over 110 million people in
5,646 public drinking water supply systems rely on surface water protection areas within
headwater and seasonal streams; and
Whereas, nearly 20 million Americans fall ill every year from drinking water
contaminated with parasites, bacteria or viruses; and
Whereas, wetlands are among the most productive ecosystems in the world, providing
habitats for many kinds of plants and animals, including more than one-third of the United
States' threatened and endangered species; and
Whereas, wetlands play an important role in providing a number of ecological services,
including flood protection and control; erosion and sedimentation prevention and control;
surface water filtration; groundwater recharge; and support for economic activity that
depends on healthy populations offish and wildlife; and
Whereas, wetlands provide opportunities for recreation, education, and research as well as
measurable economic contributions; and
Whereas, the Clean Water Act's jurisdiction over wetlands and all waters of the United
States has been made uncertain by U.S. Supreme Court decisions in Solid Waste Agency of
Northern Cook County (SWANCC) v. United States Army Corps of Engineers and related
cases Rapanos v. United States and Carabell V. United States; and an estimated 20 million
acres of wetlands and 59% of all stream miles in the lower 48 states are jeopardized by the
Supreme Court decisions; and
Whereas, despite the issuance by the U.S. Corps of Engineers and the U.S. Environmental
Protection Agency of supplementary guidance concerning Clean Water Act jurisdiction,
confusion over federal jurisdiction under the Clean Water Act persists, adding substantial
delays to valid permit actions and otherwise undermining the ability of the federal
government and the states (whose wetland programs are legally intertwined with the Clean
Water Act) to protect intermittent streams and isolated wetlands, placing many wetlands
and streams at risk of pollution and destruction; and
Whereas, water flows downhill and across county and state lines;
Now Therefore, Be It Resolved that the Board of Commissioners of Orange County,
North Carolina, supports continued and consistent definitions of federal jurisdiction of
wetlands and waters of the United States as those in existence prior to the SWANCC
Supreme Court decision; and
Be It Finally Resolved, that the Board of Commissioners of Orange County, North
Carolina, encourages the U.S. Congress to act immediately to reestablish Clean Water Act
jurisdiction to the full scope of waters protected prior to the recent Supreme Court
decisions.
This, the 21St day of September, 2010.
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ir~i-~~~~.~ 5z ~ i Valerie P. Foushee, Chair
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Orange County Board of Commissioners
ATTEST:
Donna Baker, Clerk to the Board