Representative Waxman (D-CA) and Representative Pallone (D-NJ) are expected to introduce an amendment this week at a markup of the House Safe Drinking Water Act bill (at this time, no markup has been scheduled; however, it is rumored that one is expected).  

The amendment, termed the "Polluter Pays" or "Ratepayer Protection" amendment would allow any public water system to bring lawsuits against any person who is found responsible for any pollutant at any level present in source water, including recovery for the costs of treatment and/or monitoring the pollutant.

Industry groups, including IPC, are very concerned that the broadly drafted amendment would make any business, homeowner, farmer, rancher, citizen, or institution potentially liable for any activity -- intentional or not, that results in, or contributes to, any contaminants in source water.  For example, anyone could be held liable for agricultural or land use activities, runoff from storms, or other weather/geographic circumstances, construction or transportation activities.  

This amendment would increase litigation against potentially responsible parties, increasing litigation fees and costs for small businesses.  Issues such as contribution are unresolved.  As a result, in cases where pollution cannot be traced to one source, liability could be "joint and several" meaning that one party can be held liable for pollution caused by others. 

This amendment would not improve drinkng water quality.  Rather, it is merely a way to shift the costs of water treatment on to industry and other entities.  It is also likely to increase costs for ratepayers since increased litigation will spawn higher rates.    

We urge you to contact your U.S. Representative today -- by fax or by phone and urge him/her to reject the Waxman/Pallone Safe Drinking Water Act amendment.  Representatives who will be most influential on this issue include: Bilirakis (R-FL), Hastert (R-IL), Barton (R-TX), Upton (R-MI), Stearns (R-FL), Klug (R-WI), Franks (R-CT), Greenwood (R-PA), Burr (R-NC), Bilbray (R-CA), Whitfield (R-KY), Ganske (R-IA), Norwood (R-GA), Coburn (R-OK), Brown (D-OH), Lincoln (D-AR), Deutsch (D-FL), Stupak (D-MI), Wyden (D-OR), Hall (D-TX), Bryant (D-TX), Towns (D-NY), and Studds (D-MA).  The number of the Capitol switchboard is (202) 225-3121.  Companies that are located in Waxman and Pallone's congressional districts are particularly encouraged to use their "constituent clout" to defeat this litigious and unsound amendment.