SENATE CONCURRENT RESOLUTION NO. 8

(By Senators Trump, Blair, M. Hall, Leonhardt,

Mullins, Unger, Williams, Kirkendoll, Romano, Snyder, Facemire, Stollings and D. Hall)

Urging the United States Environmental Protection Agency to immediately withdraw and/or rescind its proposed definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3).

            Whereas, Agriculture is critically important to West Virginia and the United States of America, to the economy of West Virginia and of the nation, to the way of life of the citizens of West Virginia and to the survival of the inhabitants of West Virginia, of the United States of America and of the world; and

            Whereas, West Virginia's farms are small, family-owned and -operated enterprises, providing good and wholesome food to the citizens of West Virginia and citizens of the United States of America beyond the borders of West Virginia; and

            Whereas, The farmers of West Virginia have demonstrated a long history and tradition of being good stewards of the land, employing sound conservation practices to make their farms and West Virginia's agricultural production sustainable and to produce agricultural products in a way that protects the environment and our water supply; and

            Whereas, Notwithstanding this long tradition of farming in harmony with protection of the environment, the United States Environmental Protection Agency (EPA) has proposed a new definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3), by which new definition the EPA will expand dramatically its jurisdiction and authority, expanding it in ways that are neither necessary or advisable and in ways that were never contemplated by the Congress of the United States when it enacted the Clean Water Act; and

            Whereas, Under the new definition of the “waters of the United States” proposed by the EPA, Section 402 permits under the Clean Water Act will become necessary for common farming activities such as applying fertilizer or pesticide, or moving cattle, if materials (fertilizer, pesticide or manure) would fall into jurisdictional low spots or ditches; and

            Whereas, Under the new definition of the “waters of the United States” proposed by the EPA, Section 404 permits under the Clean Water Act will become necessary for earth-moving activity, such as plowing, planting or fencing, except as part of “established” farming ongoing at the same site since 1977; and

            Whereas, Under the new definition of the “waters of the United States” proposed by the EPA, even the smallest low spots that puddle often enough to meet the broad definition of “wetlands” (79 Fed. Reg. 22218) would be regulated if they are in a “floodplain” or a “riparian area”, or if EPA staff find that they, in combination with similar low spots in the region, have a “significant nexus” to any other “waters of the United States”; and

            Whereas, This unwarranted expansion of federal jurisdiction and authority that would be the consequence of the adoption of the new definition of the “waters of the United States” proposed by the EPA will be detrimental to the continuation of normal farming activities and, ultimately, to the food supply; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby urges the United States Environmental Protection Agency to immediately withdraw and/or rescind its proposed definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3); and, be it

            Further Resolved, That if the United States Environmental Protection Agency does not immediately withdraw and/or rescind its proposed new definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3), then the Congress of the United States, as the elected representatives of the people of the United States of America, is urged to enact such statutes as are necessary to abrogate this gross and unwarranted expansion of federal jurisdiction and authority by the EPA upon the land of the inhabitants of West Virginia and the other states that form the United States of America; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, to the Administrator of the United States Environmental Protection Agency and to the representatives and senators elected by the citizens of West Virginia serving the citizens of West Virginia in the Congress of the United States in Washington, D. C.