Agenda - 09-21-2010 - 4g - Laserfiche WebLink

Browse Search

ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 21, 2010 Action Agenda Item No. ~ " Q SUBJECT: Resolution -Clarification of Federal Jurisdiction Under Clean Water Act DEPARTMENT: DEAPR PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Draft Resolution David Stancil, 245-2510 Issue Paper -Conservation Leaders Tom Davis, 245-2510 Network PURPOSE: To consider a resolution asking Congress to re-establish the Clean Water Act jurisdiction to the full scope of waters protected and resolve Clean Water Act jurisdiction issues. BACKGROUND: Clean Water and healthy watersheds ensure clean and safe drinking water supplies and outdoor recreation and protect vital infrastructure. In 1972, Congress passed the Clean Water Act "to restore and maintain the chemical, physical and biological integrity of the.. nation's water." For nearly 30 years, Clean Water Act regulations provided relative certainty that virtually all natural surface waters were `Waters of the United States" and therefore subject to the Clean Water Act. However, in 2001 and again in 2006, a divided Supreme Court gave new weight to the terms "navigable" and questioned whether protections extended to navigable rivers' immediately-adjacent streams and wetlands. The attached resolution, created by the Conservation Leaders Network and adopted by a number of counties nationally, finds that these decisions and subsequent agency guidance run counter to the fundamental water quality protection goal of the Clean Water Act and have significantly weakened the Act's ability to protect the nation's waters. The resolution calls for Congress to reestablish Clean Water Act jurisdiction to the full scope of waters protected prior to the more-recent Supreme Court decisions, and supports "continued and consistent definitions of federal jurisdiction of wetlands and water of the United States." FINANCIAL IMPACT: None. RECOMMENDATION(S): The Manager recommends that the Board approve the resolution and direct the Clerk to the Board to send copies to North Carolina's federal delegation and the Conservation Leaders Network.