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RESOLUITON - OPPOSING RULE FOR "WATERS OF THE US" - #2014-30
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RESOLUITON - OPPOSING RULE FOR "WATERS OF THE US" - #2014-30
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C� o l y_ -� 0 <br />CW LEE COUNTY <br />Committed Today for a Better Tomorrow <br />RESOLUTION <br />OPPOSING THE PROPOSED CHANGES TO THE RULE DEFINING <br />"WATERS OF THE U.S." <br />WHEREAS, the Clean Water Act (the "Act") defines and regulates waters that fall under federal <br />jurisdiction, which are known as "Waters of the U.S.;" and <br />WHEREAS, the Act requires a partnership between federal, state, and local governments to achieve <br />the objectives of the Act, improving and maintaining water quality; and <br />WHEREAS, local governments, as a regulator and permittee, have assumed an ever-increasing share <br />of the costs towards achieving those objectives; and <br />WHEREAS, the U.S. Environmental Protection Agency ("EPA") and U.S. Army Corps of Engineers <br />("Corps") have proposed changes to the rule defining Waters of the U.S. that could significantly <br />increase the cost and regulatory requirements for local governments and, ultimately, the costs for local <br />residents and businesses; and <br />ILWHEREAS, the proposed rule has no prescribed limits to federal jurisdiction and does not clearly <br />define what waters are to be regulated by the federal government; and <br />WHEREAS, the proposed changes effectively remove the case-by-case determinations of Waters of <br />the U.S. using the "significant nexus" test and replace the test with physical characteristics, such as the <br />presence of water marks, and connectivity to current Waters of the U.S. By merely meeting the <br />requirements of the new definition, a significant nexus is found and the body of water become subject <br />to the Act; and <br />WHEREAS, the proposed rule modifies the current definition of `other waters" and "adjacent waters" in <br />such a way that there is uncertainty as to how these proposed definitions would impact local <br />governments; and <br />WHEREAS, the changes to the rule could cause manmade ditches and storm water runoffs to be <br />considered Waters of the U.S., which once defined as a Water of the U.S., would subject them to the <br />Act and could increase costs to local governments; and <br />WHEREAS, the proposed changes do not include the provision of federal funds to offset the additional <br />costs to local governments and, thus, would divert resources from other essential public services; and <br />WHEREAS, the United States Congress has written a letter to the EPA and Corps requesting that the <br />proposed changes to the rule be withdrawn until further analysis can be completed; and <br />WHEREAS, the National Association of Counties has produced a policy brief on this issue and has <br />encouraged local governments to publicly make comments concerning the proposed changes to the <br />IL rule; and <br />
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