From ilovemountains.org -
In 1977, The Clean Water Act was enacted by Congress to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” For 25 years, the Clean Water Act (CWA) allowed for the granting of permits to place “fill material” into waters of the United States, provided that the primary purpose of the “filling” was not for waste disposal. As such, the CWA prohibited mountaintop removal operations from using the nation’s waterways as waste disposal sites.
That changed in 2002, when the Army Corps of Engineers, under the direction of the Bush administration and without congressional approval, altered its longstanding definition of “fill material” to include mining waste.
The purpose of the Appalachia Restoration Act is to restore the original meaning of fill material to the Clean Water Act (CWA). The change by the Bush Administration to the CWA is the primary reason mountaintop removal coal mining is so rampant today.
Valley fills are a necessity for mountaintop removal coal mining. When you blow up a mountain you have to have a place to dispose of the huge amount of waste generated. But when you fill a valley with mine waste you also fill head-water streams in the valleys with mining waste.
http://earthobservatory.nasa.gov/Features/MountaintopRemoval/
More than 1,200 miles of streams have been degraded by mountaintop removal mining. At least 724 miles of streams were completely buried by valley fills.
The Appalachia Restoration Act would essentially make valley fills illegal under the Clean Water Act. This in turn would make it much more difficult/costly for mining companies to conduct mountaintop removal operations.
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There is a drive going on right now by the coal industry to try and defeat the Appalachia Restoration Act. As it is normal for the industry to do, they are attempting to use fear as the primary motivator.
From the National Mining Association website -
The Senate Environment and Public Works Committee could soon vote on legislation introduced by Sens. Ben Cardin (D-Md.) and Lamar Alexander (R-Tenn.) that could eliminate or severely restrict all types of coal mining.
ACT now and contact your Senators and urge them to oppose the so-called “Appalachian Restoration Act” (S. 696).
This bill jeopardizes the future of domestic coal mining and will saddle American consumers and businesses with massive energy price hikes. Hundreds of thousands of mining jobs could be lost and many projects intended to stimulate the economy will never be brought to fruition.
There are a couple of things I would like to point out about this alert. The first is this, “could eliminate or severely restrict all types of coal mining.” All types of coal mining didn’t begin at the change to the CWA, nor were all types restricted before the change… only mountaintop removal coal mining.
Massive energy price hikes – hundreds of thousands of mining jobs could be lost… this is classic coal industry fear mongering. It is statements like these with absolutely no basis in fact that creates an unstable atmosphere in the coalfields and a reluctance to intervene in the eyes of those willing to take the information at face value.
The coal industry simply would not have the support they need for mountaintop removal coal mining if, from their point of view, it were only the mountains at stake. They have to up the ante with threats and fear in order to have anything resembling credibility in their battle against residents opposed to mountaintop removal coal mining.
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Please help us protect our homes, our heritage, and our culture from an industry out of control. Supporting the Appalachia Restoration Act would not only do those things but would also help to ensure clean water continues to flow from the Appalachian Mountains.
Please contact your Senator and ask them to support the Appalachia Restoration Act (S. 696).
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http://www.govtrack.us/congress/bill.xpd?bill=s111-696
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UPDATE: Appalachia Restoration Act – Legislation Text
In reading the text of this legislation one can easily tell nothing in the bill would effect traditional forms of coal mining. For the coal industry to say it could effect all types of coal mining is totally unfounded.
Federal Water Pollution Control Act (Clean Water Act)
