71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
 LC 4130
 
                     House Joint Memorial 13
 
Sponsored by Representative MINNIS, Senator ATKINSON;
  Representatives BACKLUND, BROWN, BUTLER, CARLSON, CLOSE, DOYLE,
  GARRARD, HAYDEN, JENSON, KNOPP, KROPF, KRUSE, LEE, LEONARD,
  MORGAN, SIMMONS, G SMITH, P SMITH, T SMITH, WESTLUND, WILLIAMS,
  WILSON, WINTERS, ZAUNER, Senators CLARNO, DERFLER, FERRIOLI,
  HARPER, MESSERLE, MINNIS, NELSON
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Urges President of United States, Senate and House of
Representatives of United States and Administrator of United
States Environmental Protection Agency to enforce environmental
laws equally between government bodies and those in private
sector.
 
                         JOINT MEMORIAL
To the President of the United States, the Senate and the House
  of Representatives of the United States of America, in Congress
  assembled, and the Administrator of the United States
  Environmental Protection Agency:
  We, your memorialists, the Seventy-first Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas a variety of federal laws, including the Toxic
Substances Control Act of 1976, the Endangered Species Act of
1973, the National Environmental Policy Act of 1969, the Clean
Air Act of 1990, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, the Superfund Amendments
and Reauthorization Act of 1986 and many others apply, by their
terms, to both private enterprises and public entities; and
  Whereas these Acts provide a variety of mechanisms for
enforcing compliance, including administrative orders, orders for
abatement, injunctive relief and orders imposing monetary and
other penalties and sanctions; and
  Whereas environmental laws are aggressively prosecuted by the
government against private entities resulting in significant
disruption to the conduct of agriculture and business operations
and further resulting in the imposition of significant monetary
penalties; and
  Whereas environmental laws are rarely enforced with equal
aggressiveness against the government itself; and
  Whereas the City of Portland discharges sewage and urban runoff
directly into the Willamette River and Columbia Slough during
periods of significant rainfall; and
 
  Whereas in a typical year, sewer overflows discharge
approximately 3.4 billion gallons of storm water runoff and raw
sewage into the Willamette River and the Columbia Slough through
55 outfall pipes; and
  Whereas the City of Portland was forced to address this issue
under the terms of a Stipulation and Final Order in 1991; and
  Whereas the Stipulation and Final Order was amended in 1994 to
allow the City of Portland until 2011 to abate most of the
discharges; and
  Whereas the Amended Stipulation and Final Order waived the
issuance of an Abatement Order and further waived the imposition
of civil penalties; and
  Whereas the Amended Stipulation and Final Order is evidence of
environmental regulators' tolerance for permitting discharges by
the City of Portland; and
  Whereas the City of Portland need only pay a penalty of $1,000
per day for each day it is in violation of these extremely
liberal criteria, or $2,500 per outfall per day for each combined
sewage overflow for which the city fails to demonstrate
elimination of untreated discharges as specified in the Amended
Stipulation and Final Order; now, therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  (1) The President of the United States, the Senate and the
House of Representatives of the United States of America, in
Congress assembled, and the Administrator of the Environmental
Protection Agency are respectfully urged to:
  (a) Require all federal agencies, and state agencies to which
the authority of the federal government is delegated, to enforce
environmental laws against government bodies as aggressively as
those laws are enforced against those in the private sector;
  (b) Prohibit government bodies from avoiding compliance with
environmental laws and regulations if such opportunities are not
also available to those in the private sector;
  (c) Require government bodies, and in particular the City of
Portland, to eliminate all combined sewage overflow discharges to
the Willamette and Columbia Rivers on or before January 2___,
when the Oregon Legislative Assembly convenes; and
  (d) Pass federal legislation creating a program that imposes
significant sanctions on government bodies in amounts sufficient
to be proportional to the impacts those sanctions have on those
in the private sector.
  (2) A copy of this memorial shall be sent to the President of
the United States, to the Administrator of the United States
Environmental Protection Agency and to each member of the Oregon
and Washington Congressional Delegations.
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