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***For Immediate Release*** Contact: Michael Arceneaux
July 23, 2007 Deputy Executive Director
202-331-2820

AMWA Urges Removal of Animal Waste Exemption from Farm Bill

The Association of Metropolitan Water Agencies (AMWA) today reiterated its opposition to a blanket exemption for animal waste and its components from the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).  During the Farm Bill markup last week, the Agriculture Committee adopted an amendment expressing the “sense of the committee that farm animal manure should not be considered a hazardous substance” under CERCLA.

In a letter sent to members of the House, AMWA Executive Director Diane VanDe Hei said that an exemption is unnecessary because animal manure is not currently considered a hazardous substance under CERCLA, and the law already contains an exemption for the normal application of fertilizer that includes manure.

VanDe Hei wrote, “However, phosphorus and other CERCLA-regulated hazardous substances that are known to compromise the quality of drinking water are commonly present in animal manure.  If Congress were to provide a blanket CERCLA exemption for animal waste, consolidated animal feeding operations (CAFOs) would be free to discharge manure containing such hazardous substances into the environment without regard to its impact or liability for its damages.  As a result, the costs of additional treatment to make water potable would be forced upon community water systems and their ratepayers, unfairly shifting the burden of cleanup away from polluters.”  A copy of the letter is attached.

Citing the upcoming 35th anniversary of the Clean Water Act, VanDe Hei concluded that the exemption “not only threatens to reverse the water quality gains that have been realized over the recent decades, but would also set a dangerous precedent encouraging other polluters to seek waivers from our environmental laws.”

AMWA is the definitive voice for the largest publicly owned drinking water systems in the United States on regulatory, legislative and security issues, as well as a leadership resource for senior water executives.  Member-utilities collectively serve more than 127 million people with safe drinking water.
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