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

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RC~_an~n-ova 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 2 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