State Legislative Bulletin 1971
Governors1 Messages and Addresses/Excerpts
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ENVIRONMENTAL PROTECTION AGENCY 1 FE8 1971
WASHINGTON, D.C. 20242
2239
WATER QUALITY OFFICE
MEMORANDUM
' *
TO : Regional Directors
FROM : Assistant Commissioner
Enforcement and Standards Compliance
SUBJECT: State Legislative Bulletin 1971 - Governors' Messages
and Addresses/Excerpts
Governor Albert P. Brewer, ALABAMA, issued January 13, 1971* --
ooo "One of the most serious problems confronting you relates to
our environment. This has been a time of great concern with the
problems of our environment. Our State has experienced vast fish
kills, resulting in some instances from industrial pollution of
our waterways. I have insisted that the health and safety of our
people must be protected, I am advised by the Alabama Water
Improvement Commission that within a short period of time every
industry and municipality discharging waste into our streams will
have treatment facilities sufficient to insure the preservation of
aquatic life and the health and safety of our people. Recently,
the State Department of Conservation, in cooperation with Auburn
University, received a federal grant matched by funds which I
made available from the Emergency Fund to survey and define the
heavy metals present in our rivers and streams. This program is a
first in our nation and should enable us to avert future occurrences
such as the mercury pollution problem,,
The Air Pollution Commission, created by the last Legislature has
adopted stringent air control standards for the Birmingham area,
and as it extends its control program over the entire state, it
needs and deserves your support and backing0"
Governor Jack Williams, ARIZONA, issued January 11, 19710 —
... "Environmental and ecological concerns inspire a growing
anxiety in our people.
You have already created a magnificent instrument so far as air and
water pollution is concerned in the statute passed by the 28th
Legislature and strengthened by the 29th.
My office has received encouraging evidence of increasing cooperation
from the smelter companies and other industries regarding their
efforts to develop and install new methods of eliminating pollutants
from their stacks0
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We must preserve the delicate balance of the public interest in
maintaining a healthy, productive economy, and at the same time
eliminating within the maximum limits of the technology available
the discharge of pollutants into the environment.
The motor car is one of our greatest offenders.
On July 31, 1970, our Health Department established exhaust pollution
standards.
We now need legislation authorizing an inspection system to begin
control of air pollution from motor vehicles.
I would also recommend that we institute studies on the best methods
of providing an incentive for the recycling of all solid waste.
Such materials as tin cans, glass bottles, and newspapers can be
recycledo Proper incentives might take the form of a special tax
on containers not manufactured in part with recycled material.
The Resources Recovery Act of 1970 was of substantial significance
to the states. It provides experimental funds from the federal
government and throughout the new Act there is considerable emphasis
on recycling and recovery of material."
Governor Dale Bumpers, ARKANSAS, issued January 12, 1971. —
. . . "The matter of maintaining our clear streams, clean air and
clean earth cannot be postponed. Arkansas is endowed by beautiful
scenic rivers and undisturbed wilderness areas. These must be
preserved for future generations.
But a more pressing immediate problem is how we will dispose of
our solid waste, and control the pollution of our air and streams.
History will judge us harshly, if we do not attack these vital
problems on a crash basis.
Under our consolidation and reorganization efforts we will establish
a Department of Pollution Control and Ecology, and I will request
the Legislature to fund this department at a substantially higher
level so that we can both attack the problem at the state level,
and give more assistance to the cities and towns of this State in
dealing with their problems."
Governor Ronald Reagan, CALIFORNIA, issued January 12, 1971. —
... "In the area of environment and ecology, it is and must be
our continuing goal to refurbish and reclaim what has been debauched
and to protect that which is still clean and fresh and open—and to
do this in a sensible, responsible and balanced manner.
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To attain these goals, I intend to deliver to you a message on
environment which will propose a high level environmental protection
body, and will also outline some further steps to improve the quality
of our air and -our water.
Californians account for slightly more than 20 pounds of solid
waste per person per day. In an uncompacted condition, one year's
accumulation of paper, bottles, cans, trash of all sorts could
build a wall 100 feet wide and 30 feet high from Oregon to Mexico.
I'm not suggesting we do that.
I am suggesting one state agency should be given the authority to
coordinate, encourage and assist local and regional entities to
plan for and regulate solid waste disposal systems and sites. This
would enable us to work closely with the federal government through
the recently enacted National Resources Recovery Act0"
Governor John A. Love, COLORADO, issued January 12, 1971. lt--
... "We at the governmental level will strive to carry out effectively
our obligations and provide the climate within which the citizens
of Colorado themselves can provide ever greater progress toward
the goals we all share. One of our shared goals is of increasing
and demanding importance -- the preservation and improvement of
Colorado's environment. We have moved but we must move farther and
with more immediate effect.
I submit that our greatest achievement can be to so act during our
period of responsibility that we may pass on to the next generation
this great inheritance that is Colorado, not despoiled and polluted,
but glorious still in its beauty, its cleanliness and its quality
of life."
Governor John A. Love, COLORADOf issued January 15, 1971. —
... "In another area of mixed concern and performance, we made
commendable and measurable progress in the vitally necessary programs
designed to preserve, protect and improve our environment, but the
need and the growing impatience of all of us point up the need
for increased action and greater effectiveness..
Our water, all of which, by the way, arises within our state, had
been allowed to decline severely in quality. Acting under the
direction of programs provided by this body, significant progress
has been made. Acting for the first time with its full authorized
staff, the Water Pollution Control Commission has moved effectively.
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Thirty-four domestic waste treatment facilities or projects were
completed during the year, and fifteen more are under construction.
Approximately 95 per cent of the population of Colorado is now served
by secondary treatment facilities — a requirement of our Commission,,
The commission successfully has brought abatement proceedings
against many industrial firms, and has developed up-graded standards
and regulations in the area of mine drainage, feedlots, and septic
tank disposal systems. We must continue to fund,xsupport and
provide all necessary tools to complete the job of providing high
quality pure water -- a goal that is truly realizable in the near
future o
In the area of air pollution, we have all viewed with dismay the
severely polluted air on some days and the general pollution on
most days. The concern must continue, but we should not lose sight
of the progress that is being made. With appropriate support, our
officials can complete, in a reasonable time, the control, of the
stationary sources of pollution. Obviously, some of the larger
installations which are in violation cannot be changed overnight
to new mechanisms and technologies. Equally obvious is the fact
that there is growing impatience on the part of our citizens. I
believe that our officials are moving responsibly and as swiftly
as is reasonably possible. They have asked for a few more
tools and we shall support these requests. But even after solution
in the area of stationary sources, the more difficult area in our
pollution remains — the internal combustion engine.
It is my firm opinion that the solution to this problem must come
nationally. It is encouraging to note that the Federal Congress
has required cars manufactured since 1968 to include devices to
reduce the polluting emissions. Congress has further established
a deadline of 1975 for necessary action on the part of automobile
manufacturers to produce an engine free of polluting emissions. In
the meantime, the devices should be made mandatory for cars produced
prior to 1968 and our Commission is now holding hearings concerning
such devices."
Governor Thomas J. Meskill, CONNECTICUT, issued January 6, 1971.--
... "The deterioration of our environment is a massive but not
insurmountable problem. The most effective way to combat pollution
can be summed up in a very few words, "Strict standards, strictly
enforced." Enforcement procedures must be streamlined and simplified.
Opportunities for procedural delay must be eliminated. We must
enlist Connecticut citizens in the battle to save their environment.
We should give them standing before our courts to halt environmental
excesses a A counsel for environmental matters should be established
in the office of the Attorney General. He should be responsible
for appearing before the Public Utilities Commission to represent
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the public interest in environmental matters involved in new or
expanded public utilities projects. Legislation dealing with abandoned
cars, one way containers, water polluting detergents and noise and
air pollution by air liners should also be adopted."
Budget Message of Governor Russell W0 Peterson, DELAWARE, issued
January 20, 1971. -- . . . "Another goal is to clean up virtually
every major stream in Delaware by 1978. Towards this end, we
authorized $4 million this year to help local governments improve
sewage facilities. I am recommending another $4 million in
fiscal 1972. '
The six-year capital improvements program calls for a total of
$22 million for this program. Completion of these projects will
mean that 90 per cent of the people of Delaware will be served by
sewage facilities providing at least 90 per cent treatment. I
am told we would be the first state in the nation to accomplish this*
Governor Russell W. Peterson, DELAWARE, issued January 13, 1971. —
. . . "A year ago, we pledged to launch in 1970 a major war not
only on pollution of the water and air, but also on pollution of
the mind and body by drugs and alcohol.
We have done so.
Reorganization spurred our progress. For the first time in the
state's history, the essential management of our natural resources
and environmental control was placed under a single "umbrella."
Here are some of our key accomplishments in protecting the environment:
— Water quality standards have been established for all of our
interstate streams,
-- Major water pollution control measures, such as the Kent County
sewerage system, expansion of the new Castle County sewerage
system and the Wilmington Sewage Treatment Plant, the Bethany Beach
regional system, and preliminary planning of the Lewes-Rehoboth
regional system, are well underway, in partnership with local
government.
This year $4 million was provided to aid this work. We recommend
that next year another $4 million in capital funds be allocated
for this program.
We are making good progress toward our goal to clean up virtually
every major stream in Delaware by 1978.
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-- Air quality standards have been adopted. The proposed implementa-
tion plan is in Washington for review.
-- We have instituted a comprehensive air quality monitoring system.
-- All State-owned facilities this year started burning low-sulfur
fuel.
-- A special study has been completed of all fuel burning and
incinerating equipment operated by the state. Implementation is
expected to save the state about $500,000 a year.
-- Controls have been clamped on some major sources of air pollution,
including open burning for auto salvage and refuse disposal.
-- A law has been enacted to control motor vehicle exhaust fumes.
One of the serious environmental blights is the litter.
We have:
— Contracted for construction of a pilot plant that would process
trash and other solid wastes, reclaiming salable materials. One
million dollars has been authorized for design.
-- Formed a Delaware clean earth committee to spearhead anti-litter
efforts and coordinate private and public efforts, and tightened
anti-litter laws.
-- Initiated a pilot program with the Department of Highways and
Transportation whereby abandoned cars are being removed.
Another approach that could have a telling impact is a state-wide
authority that would collect and dispose of all liquid and solid
wastes. I propose that we look into this possibility during 1971."
Governor Cecil Andrus, IDAHO, issued January 11, 1971. —
. . . "In Idaho we have been richly endowed with natural resources
and a clean environment. We have been free of the great pressures
of population and industry that have degraded the environment of
many of our sister states. But these pressures are now crowding
in upon us with the growth of industry and population. We must
face up to the growing threat to the quality of our air and water,
our soil'and landscape.
Additionally, it has become more and more apparent that we are not
meeting our full responsibilities in management of our state lands
and our fish and game resources. We lack well defined, coordinated
management policies for the state agencies and departments having
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responsibilities in these fields.
As steps toward meeting these problems I suggest the following:
1) Continuance and expansion - within the. limit of our means - of
the program initiated a year ago which provides 25% state matching
funds for construction of sewage treatment facilities. With the
50% federal matching funds available, this permits our local
communities to meet this problem with a minimum of local tax burden.
2) A stream .protection law is urgently needed to minimize damage
to our streams. In recent years we have provided protection to a
considerable degree against damage caused by dredging,, But actually,
we appear now to be faced with far greater damage from road construction,
so-called flood control works and many strictly unauthorized stream
channel alterations. Thus, hundreds of miles of precious Idaho
streams have been virtually destroyed as producers of fish and for
recreation, and their flood control and irrigation capacity have
been diminished. I urge that you consider and pass legislation that
will provide adequate protection to prevent further loss of stream
quality in Idaho.
3) Another serious problem is that posed by unregulated open pit
or surface mining. Mining represents one of our leading industries
and contributes significantly to Idaho's economy and tax base. And
certainly the Idaho mining industry generally has shown, in recent
years, a commendable concern and sense of responsibility in its
attempts to carry on its task with a minimum of damage to other
resources.
Recognizing this, it is my feeling that we surely do not want to
place any unnecessary problems in the path of our mining industry.
But I think most of us have recognized the need for a more responsible
approach on the part of state government. This was evident when the
second session of the 40th legislature created an interim committee
to work on this problem.
In keeping with the legislature's concern in this matter, I urge
consideration and enactment of legislation that will provide .state
supervision of surface mining operations designed to ensure the
greatest possible environmental protection. To accomplish this
purpose I strongly urge that such legislation include the right of
the state to deny a permit to mine where such mining would destroy
a higher and better public use of the land resource.
4) The State Land Board has historically held the responsibility
for management of state lands. I think it has become increasingly
evident in recent years, with the growing complexity of government
and the additional burdens now carried in the normal course of
their duties by the elected state officials who make up this board,
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that they no longer have the tine to devote to their land board
responsibilities. I therefore suggest that a constitutional amendment
be considered to be placed before the people of the state of Idaho
at the next general election proposing the abolition of the State
Land Board as a constitutional agency and that the state legislature
be empowered to create- a board or commission of qualified persons
to undertake the responsibility of directing the management of
our state lands.
5) I am sure we all recognize that we are encountering growing
pressures on bur big game resources - pressures from increasing
numbers of hunters and pressure from declining habitat. As one step
toward meeting this problem I suggest that you consider legislation
to limit the number of out-of-state big game hunters. We must
substantially reduce the number of out-of-state hunters without
destroying the outfitter and guide industry.
6) We have other, and possibly more urgent problems, as.custodians'
of our portion of this good earth, the air and the water - problems
such as coordinating the efforts of the several agencies involved
in resource management so that they all work together with a minimum
of duplication and wasted effort and a maximum .of harmony and
coordination. And we are certainly woefully deficient in our air
and water pollution 'control programs. But, though these problems
are urgent, I believe the solution is not a simple, easy one, I
find, for example, no dominant organizational pattern that has
proven particularly successful in other states. Indeed, many of
our sister states all across the country are embarking now on new,
different and untried paths aimed to solve these problems. Few
of their approaches have really been fully tried and tested.
I suggest, then, two steps: First, I will recommend appropriations
sufficient to enable the Department of Health and the Air Pollution
Control Commission to make a serious effort to enforce their respective
duties in the control of air and water pollution and solid waste
disposal.
Second, I shall insist that department and agency heads involved
in any action affecting natural resources management and pollution
control meet on a regular basis to review and coordinate related
activities. And, while the actions of public agencies must always
be open to scrutiny by the public and the press, we intend to
eliminate public relations positions wherever possible. There should
be more state employees doing something to protect and enhance the
environment, and fewer just talking about it - or worse, trying to
cover up or explain away our deficiencies.
During my administration, I intend to pursue the following policies
related to water:
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1) Continue progress towards the completion of a comprehensive State
Water Plan which will provide a balanced use of water resources of
our state for wild rivers, recreation, fish and wildlife, agriculture,
municipal and industrial water supply, power, navigation and other
purposeso We must insure that all these uses receive adequate
consideration in planning for the disposition of our water. This
has not always been the case in recent years0
2) Support additional wild and scenic rivers in our state.
3) Guarantee that enforcement of state water quality standards is
pursued to clean up our polluted waters and to guarantee that the
pure streams that we now have remain in that condition. We must
establish minimum flow rates on Idaho streams and rivers, sufficient
to support aquatic life, protect water quality and preserve
scenic and recreational values.
4) Support water resource development when there is a demonstrated
need and where such developments do not adversely affect anadromous^
fish runs or stream fishery and aesthetic resources." "
Governor Robert D. Ray, IOWA, issued January 14, 1971, --
. . . "The question is not; "How well is government doing?"
The question is "How well are the people doing?"
This is the question raised by the present over-riding concern
about the condition of our environment--a concern that includes,
but does not stop with, the natural environment, because it embraces
also the condition of our human environment. The people—including
that tool of the people which we call government--are vitally concerned
with both aspects of environment, because upon them depend not only
the people's welfare, but also the people's survival."
. . . "It is important that this General Assembly combine into a
single Environmental Quality Control Agency the commissions and
boards presently charged with establishing and enforcing rules,
regulations and standards for the prevention of pollution.
One of Iowa's prime assets is also one of the greatest pollutants--
her productive soil that washes into our streams and rivers. ^To
control siltation and to stop continuing waste and spoilage, it is
important that this General Assembly adopt a reasonable soil
conservancy law."
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Governor Robert D. Ray, IOWA/ issued January 12, 1971. --
... "You can further see genuine concern and determined effort to
preserve the Iowa environment. Air pollution standards have been
adopted, and our lingering controversy with the federal government
over water quality standards pertaining to the Mississippi River
has been settled. We look forward to increased effectiveness
among our many agencies and commissions of government charged with
conserving and improving our environment."
Governor Robert B. Docking, KANSAS, issued January, 1971. --
. . . "One of our greatest concerns in Kansas, in the nation and
the world, must be to assure future generations an abundant supply
of clean water. We must begin today to attack the problem here
at home, for in each city in each state of our nation we are polluting
our streams, which in turn feed into our great rivers, which empty
into the oceans. There is great concern among our scientists that
already a large percentage of undersea life is dead or dying as
a direct result of stream pollution. Today, I request the legislature
to approve the program for waste treatment which I have included
in the budge t.
I have committed $2.7 million as the state's contribution toward
constructing secondary waste treatment facilities in Kansas. This
state money, together with funds committed by the federal government
and local cities and counties, will total more than $10 million for
this waste treatment program. It also will mean an additional $10
million will feed into the economy of Kansas, generating employment
for 525 workers.
The state can take the initiative by approving this $2'. 7 million
expenditure toward improving our water supply and aiding to end
pollution of our waterways. The state has the opportunity to show
good faith, and enter into full governmental cooperation between
city, county, state and federal governments. Constructing secondary
waste treatment facilities will directly assist municipalities and
stimulate our state economy at a time when the national economic
slowdown has affected nearly every aspect of life in this nation.
If the legislature approves these funds, the federal contribution
for the project will increase considerably. This increased federal
participation, together with the state's participation, will reduce
the property tax requirements in those cities required to construct
secondary treatment facilities."
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Budget Message of Governor Kenneth M. Curtis, MAINE, issued
January 13, 1971. -- . . . "We have arrived at a time when Environmental
protection is no longer just a desirable function of Government,
but a dire necessity to life itself. I will strongly support the
adoption of an environmental bill of rights and other Legislation
establishing higher standards of regulation. But words and declara-
tions are meaningless without support. The Environmental Improvement
Commission is a new agency, just two years old, now operating with
a skeleton force, and struggling to meet its critical responsibilities
of improving the quality of our air and water as well as determining
the appropriate location for desirable industries and other facilities.
I have, therefore, requested $1,012,396 to add 36 employees and
operating capability to the Commission. I have also asked for
$50,000 of funds so the State Planning Office can match federal
monies and continue the development of a Coastal Land Use Plan."
Governor Kenneth M. Curtis, MAINE, issued January 7, 197-1. --
. . . "In Maine, as elsewhere, protection of the environment has
become a matter of prime public concern. We responded to that concern
by enacting the site location and oil handling laws which make Maine
a national leader in the delicate effort to achieve the proper
balance between economic growth and preservation of our natural
environment.
Yet our concern has not been limited to prohibiting future abuses.
We firmly committed ourselves to a massive cleanup of our air and
our waters. By passing the largest bond issue in history to build
long-overdue waste treatment facilities, we are finally using
money, instetid of just words, to erase the legacy of a century of
neglect."
Governor Francis W. Sargent, MASSACHUSETTS, issued January 7, 1971. --
. . . "In research for the environment, for example, there is vital
work to be done, as our national economy makes an inevitable con-
version. And we are unique here: we have the talent and we have
the will. In our great universities, many clustered within a few
miles of where we gather, there is the source of new ideas, new
approaches. The state government can blend these and be the
catalyst for research into solution of the threat to the environment."
Governor William G. Milliken, MICHIGAN, issued January 14, 1971. --
. . . "In the past two years, Michigan moved at an unprecedented pace
toward a quality environment. Much of our landmark environmental
legislation is being adopted in other states and in Washington. Our
record stands today as a model for the nation.
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I am absolutely committed--as I know you are--to eliminating the
climate of carelessness that has abused our environment. This
means we must move vigorously to deal with such problems as non-
returnable containers, billboard blight, detergents, junk automo-
biles, and noise pollution.
In the next few weeks, I will send you a special message outlining
new approaches to protect our air, water, and land resources and
to establish a new environmental awareness in every Michigan
industry, unit of government, and individual citizen."
Governor Wendell R. Anderson, MINNESOTA, issued January 6, 1971. --
. . . "Our first need here is a clear statement of environmental
policy. The need is so compelling that it deserves to be incor-
porated into our state Constitution. It must be accompanied by
a comprehensive, tough pollution program. It may be controversial -
it will not be cheap. It will include a financing program to help
fund needed sewage disposal facilities.
If we err, let it be on the side of public health. If we are too
cautious, too careful - let it be caution and concern for our
natural resources.
We can prevent Lake Superior from becoming a Lake Erie, if we act
now. We can prevent the Mississippi from becoming an Illinois River,
if we act now. We can preserve our northern wilderness in a national
park, if we act now.
The public expects and will support a firm, meaningful program to
save our environment. If we fail, then somebody else should be
given the chance."
Governor John Bell Williams.,. MISSISSIPPI, issued January 7, 1971. --
. . . "Recent studies and the attendant publicity accorded them
have brought about a keen public awareness of the dangers of the air,
land and water pollution. They have accentuated the need for taking
action to abate this menace to the health and safety of our people.
The ultimate responsibility for the health, safety, and welfare of
the people of Mississippi rests upon the State government, and the
increasingly complex responsibilities of the times have created a
need for cooperating with our sister states in meeting them.
The task of relating environmental quality programs and policies to
one another and to those of adjoining States and the Federal Government
is a responsibility that States cannot avoid. The need is increasingly
recognized for a regional planning organization and for planning
procedures capable of coordinating environmental policies of the States
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and relating the Federal program to State and local activities
and resources. To this end, I executed a proclamation in May 1970,
committing Mississippi to participation in the Southern Regional
Environmental Conservation Council, a creature of the Southern
Governors' Conference. The SRECC, composed of representatives of
the jurisdictions of the Southern Governors' Conference, is presently
working to develop an acceptable "unbrella-type" interstate compact
to be submitted to the several participating States and to the
Congress for approval. Should Mississippi ratify the proposed
compact and become a member State, we would be in a position to make
agreements with our sister States regarding the control of environmental
problems common to our respective areas without the need for additional
approval by the Congress. Further, it would enable the participating
States to establish an appropriate region-side network of environmental
statistics and forecasts as we have done in some other areas of
concern. It is my expectation and hope that the work of drafting
the proposed compact will have been completed in time for this to
be presented for your approval during this session. I am pleased
to inform you that it will not have to be accompanied byv'a corresponding
request for funds."
Governor Warren E. Hearnes, MISSOURI, issued January 6, 1971. --
. . . "Environmental quality, the fight against pollution, affords
us the chance to look toward tomorrow. We can take yesterday's
responses to pollution, combine those responses, add new authority,
strength and guidance, and be capable then of speaking with a
strong voice and acting with decisiveness.
We can and should take the initiative nor only for clean air and pure
water, but to stop the fouling of our land and to reclaim land which
lies useless. Life will be rich and productive only if we protect
the beauty and purity of our environment."
Governor J. James Exon, NEBRASKA, issued January 7, 1971. --
. . . "Environment. Our choice is not whether to participate,
but how to catch up in the desperate race to save our environment,
a race that has been basically ignored in Nebraska save for words
of concern. We are recommending an emergency appropriation to fund
the state's portion and to qualify our cities for Federal matching
funds for secondary sewage treatment facilities. This appropriation
will allow us to utilize Federal funds which will otherwise lapse
by May first. A continuing appropriation for the similar functions
will be a recommended budget priority. In addition, we must
immediately review the coordination of environmental activities
which now involve some eleven separate state agencies. This adminis-
tration will not be satisfied with mere reaction. Water and air
pollution demand positive action."
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Governor William T. Cahill, NEW JERSEY, issued January 12, 1971. --
... "The pollution of our environment is a fact of grave concern
to all thinking citizens. Recognizing that it will soon be too
late to purify our air and to breathe life back to our dying streams
and lakes, I placed a high priority, when I assumed office, upon
implementing effective and tough corrective measures. I stated
last January in my Inaugural Address:
"I am impatient with our inability to prevent the
erosion and pollution of our most prized natural resource7
the seashore and beaches of New Jersey. I am apprehensive and
deeply troubled by the danger to health from the continued
and increased pollution of air, streams, rivers and even our
oceans."
I am proud to report that we have made truly impressive strides
during the past year in the direction of providing solutions to
these seemingly hopeless problems. The creation early last year
of the new Department of Environmental Protection was a giant step
forward in our fight to preserve, protect and enhance th'e' environment,
This act, which removed the Division of Clean Air and Water from
the Department of Health and placed it in the new Department,
illustrates the concern of this Administration to insure that our
grandchildren will have clean air to breathe and pure water to drink.
The new department now has broad enforcement powers concerning
pollution, including abatement and control of pollution on a regional
and statewide basis. The same legislation that created this new
department also granted it authority to investigate the feasibility
of establishing experimental facilities for the disposal of solid
waste, and even calls for consideration of methods of utilization
of waste productsi In sum, this new legislation is clearly forward
looking in that it recognizes that the quality of human life remains
dependent on natural cycles, ecological balances, and the purity of
air and water, Not only must efficient use be made of the State's
natural resources and scenic places, but they must also be preserved
for future generations. But this legislation is by no means the
extent of our achievements in the area of environmental protection
in 1970. It merely set the stage for a whole series of tough, new
laws which I shall briefly summarize.
Legislation was enacted in 1970 increasing the penalties for the
pollution of State drinking water and establishing stringent fines
for certain violators of up to $37000 per day. As an incentive,
the bill allows certain public agencies which prosecute such
polluters to retain the penalties recovered. Another measure,
enacted as companion legislation to the bill I have just mentioned,
prohibits industrial waste waters from flowing into any waters of
the State, and authorizes strict penalties for violation.
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The Solid Waste Management Act of 1970 and the Solid Waste Utility
Control Act of 1970, which were enacted into law during the first
half of last year, now require firms engaged in the collection or
disposal of solid waste to register with the Department of Environmental
Protection and apply for an operating certificate from the Public
Utility Commission in addition to complying with health laws. The
new laws provide heavy fines for persons found in violation, and
include constraints against monopoly. In separate legislation
enacted subsequently, $55,000 was appropriated to hire six additional
staff members in the Department of Public Utilities to carry -out the
regulation of the economic aspects of solid waste collection and
solid,waste disposal under the above two acts.
In November of last year I signed into law Assembly Bill No. 505 as
chapter 272 of the Laws of 1970, one of the most significant
environmental bills ever enacted in the history of our State -- "The
Wetlands Act of 1970." This law will have a far-reaching effect on
the preservation of one of our most valuable natural resources,
the coastal wetlands, extending from Sandy Hook to Delaware Bay.
These lands, complex acquatic areas where fresh river waters meet
the saline waters of sea, forge vital links in the food-producing
chain, and thus are necessary for the continuation of all forms of
life, even man. In addition, the wetlands serve as buffers against
the ravages of violent storms, serve as a means of flood control,
and provide natural barriers against wind and water erosion.
This law provides a critically needed balancing mechanism by off-
setting the tumult and insults of urban life against an unspoiled
retreat of tranquility and open spaces. It will ease the crisis
caused by the gradual destruction by man of the biological and
aesthetic value of these lands. It will complement the State's
policy on riparian lands by allowing some measure of control of the
entire ecosystem where the sea meets the land.
The thrust of this law, and of the subsequent orders which will be
adopted, is to protect the State's endangered tidal marshlands. The
intention is not to prohibit all future development, or to confiscate
private property for public purposes. It is, rather, to allow in
the future an orderly development consistent with the ecology of
the wetlands. The lands to be regulated will be only those which
meet both the tests established in the act: Regulated lands must
have growing on them, or be capable of supporting, biologically
valuable grasses, and these lands must also be below the line one
foot above local extreme high water.
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In addition to the Wetlands Act, three other bills were enacted
earlier in the year to help reverse the continuing erosion of our
shores and beaches. The first of these bills appropriated $700,000
for inland waterways and shore protection. A second bill appropriated
$460,000 for construction of jetties and groins to protect the area
of Cape May Point from shore erosion, while the third measure appropriated
$200,000 for the protection of the Delaware River shore in the
Township of Pennsville, Salem County.
Chapter 147 of The Laws of 1970 was enacted, to appropriate $29
million under the 1969 Water Conservation Bond Act for the design,
engineering and acquisition of land for construction of reservoirs
at the following six sites in the State:
South River Tidal Dam in Middlesex County; Raritan Confluence
in Hunterdon County; Manasquan Reservoir in Monmouth
County; Six Mile Run Reservoir in Somerset County; Hacketts-
town in Warren County, and Two Bridges in Passaic County.
i *
In an administrative action, positive steps have been agreed to by
the Passaic Valley Sewerage Commissioners to upgrade their treatment
plant effluent reaching the Passaic River and the New York Bay. This
obviated the immediate necessity of prohibiting new sewerage
connections in the four counties serviced by the PVSC. If the time-
table for action is not adhered to and an order entered by the court
embodying those terms is not complied with, then the State can go
back into court for appropriate relief.
One of the primary goals to be achieved in the coming year is
developing an awareness on the part of all the citizens of the State
of the magnitude of the environmental crisis we face, and involving
all citizens in the solution of our environmental problems. Pollution
is not caused by a few malefacotrs, but instead is the result of
actions taken by all of us.
In order to create public awareness of and involvement in our
initiatives in the field of environmental protection, I will sponsor
a Statewide Conference on the Environment later in the year. This
conference will bring together representatives of all groups in the
State to find new solutions to these pressing problems.
In an effort to retain New Jersey's leadership in the field of
pollution control, the administration is proposing legislation to
broaden the responsibility of the Department of Environmental
Protection. These Bills will give the Department the authority it
needs to regulate pesticides and noise which is becoming an ever
increasing problem.
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In an effort to retain New Jersey's leadership in the field of
pollution control, the administration is proposing legislation to
broaden the responsibility of the Department of Environmental
Protection. These Bills will give the Department the authority
it needs to regulate pesticides and noise which is becoming an
ever increasing problem.
Pursuant to Executive Order #8, issued on August 31, 1970, I
named a seven-man committee, chaired by Commissioner of Environmental
Protection, Richard Sullivan, to study the recommendations of the
report of the Clean Air Council and asked that it report back to
me. The Clean Air Council report was highly critical of motor
vehicles as the largest single source of air pollution and contained
many recommendations for action by the State government to reduce
the amount of air pollution resulting from automotive emissions.
I have just received the final report of Commissioner Sullivan's
Committee, and, once I have had an opportunity to make a proper
evaluation, will soon be commenting on it.
During 1970 we saw an appropriation of the first $64.5 million of
the $271 million in bond monies authorized pursuant to the Water
Conservation Bond Act, Chapter 127 of the Laws of 1969. Of this
amount, approximately $54.5 million is going for State grants to
some 43 projects which also qualify for Federal assistance; and $11
million was allocated for loans to governmental units for use in
engineering studies of water pollution and control facilities. The
State has thus provided sufficient monies to allow the participating
municipalities and authorities to qualify for the maximum federal
aid.
We have a massive problem in the attainment of clean water for
our State, and a massive attack upon this problem has been mounted.
I am pleased to report that progress is being made in the use of
funds provided through the legislation and referendum authorizing
the issuance of $271 million for water pollution control projects
and new reservoir sites. The sale of the water bonds led to very
encouraging results. Thanks to the State fiscal posture as a
consequence of a sweeping economy drive, brokers were willing to
offer the bonds well within the legal 6 per cent limit. Monies
received from the first two bond issues will be administered by
the Division of Water Resources to build treatment plant facilities
and related facilities such as intercepters and pumping plants.
The funds will provide 25 percent state grants to projects eligible
for Federal grants; eligible local municipalities will have to
contribute only 42 percent of the cost. Although the Department did
not receive all the Federal funds it hoped for in the 1970 fiscal
year, it did receive more Federal dollars than ever before, a
heartening sign in itself. We anticipate offering more of these
bonds for sale in 1971 for both water pollution and reservoir projects,
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To further increase the State's ability to deal with its severe
water pollution problems, I will press the Federal government to
declare our most polluted River, the Passaic, a model river basin.
This action would mean that the Federal government, in conjunction
with the State would devote special funds and expertise to cleaning
up the Passaic, The actions there would serve as a model to other
areas and concentreated effort will be made to accomplish this goal.
Let me refer briefly to the problem of open space and its importance
during these modern days of urbanization. For two years the Open
Space Policy Commission has wrestled with the-.problem of providing
those open spaces vital to our environment and our tranquility.
Its report and recommendations will soon be published, and I will
submit to the Legislature in the near future whatever legislation
is necessary to implement the Commission proposals, which we believe
to be in the public interest. We will also move to expand and
improve already existing open spaces. In 1971 the facilities at
Island Beach State Park will be increased as will those at Ringwood
State Park. Also the day use area at Spruce Run State Park will be
completed.
The air pollution control program in the State has accomplished
much in the recent past, particularly with respect to the issuance
of regulations which are required to control many sources of air
pollution. For example, a new Diesel Code will enable the Department
of Environmental Protection to enforce standards for emissions from
diesel-powered vehicles for the first time.
It has become apparent during the year that the Division of Fish,
Game, and Shellfisheries, which operates on a dedicated fund, and
receives no funds from the general treasury, is facing an economic
crisis so severe that it has to cutback on some of its operations.
It will therefore be necessary to increase the fees that generate
the Division's revenue in order for it to continue to control and
preserve the State's wildlife.
Also in serious financial trouble is the Marine Patrol Activity in
the Department of Environmental Protection. To provide the boating
public with the safety and protection they deserve and demand, it
is necessary to raise the boat registration fees, which support
the Marine Patrol. I urge you to give favorable attention to A-1159
which will reuse the fees, and create a truly professional and well-
equipped Marine Patrol force.
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Not long ago, clean air and water were viewed as a happy, nostalgic
thought of the past, because urbanization and over-population
threatened to let our citizens wallow in their own waste. A
good start in the battle to protect our environment has been made,
particularly in New Jersey. We now have stringent rules and
regulations and vigorous enforcement is necessary to ensure compliance.
I promise a continued, forceful and unrelenting enforcement of all
anti-pollution rules and regulations by this administration."
Governor Bruce King, NEW MEXICO, issued January 19, 1971. --
. . o "It has become increasingly apparent that environmental
protection and the protection of man in his environment are of the
utmost importance to the health, prosperity and happiness of the
citizens of our State.
New Mexico is one of the last remaining areas of this nation where
we still have options open for retaining or regaining an environment
conductive to quality living and well-being. New Mexico--citizens *
cannot tolerate degradation of the many interrelated environmental
factors of which they are so proud. These environmental factors
represent the most important and distinctive attraction and asset
for the economic vitality of our State.
To accomplish this, I propose that the Environmental Services
Division of the Department of Health and Social Services be given
increased responsibilities and be designated as the Environmental
Protection Agency of the State of New Mexico. I propose that this
agency have a citizen board separate from the Health and Social
Services Department board.
As the administrative costs of a separate department would reduce
the already limited funds otherwise available for programs, I propose
that the Environmental Protection Agency remain administratively
within the Health and Social Services Department for the time being.
Staff services such as legal, personnel, and budget will be provided
by the Health and Social Services Department. I propose that
this agency, if adequately financed, can remedy environmental
hazards through methods of inspection, enforcement, consultation,
research, analysis, planning, promulgating environmental policies,
developing standards and regulations, recommending legislation,
interagency coordination, public information, and environmental
surveillance.
The Environmental Protection Agency will give balance to programs
involving the industrial, commercial, institutional, residential
and recreational environments, and will insure a continued high
quality standard of life for this and future generations to New Mexicans."
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Governor Nelson A. Rockefeller, NEW YORK, issued January 1, 1971. --
. . . "Last year marked a milestone in the State's quest to restore
a more livable environment. I refer to the creation of the new
State Department of Environmental Conservation.
This action, added to the other initiatives put forth by this
Administration and approved by the Legislature, have placed New York
in the forefront of the Nation in the continuing quest to restore
the environment--our waters, air, and land.
Over the past six years, we have developed the tools for financing
the basic costs of dealing with pollution problems. We have
matched these financial tools with reasonable legal standards to
be used in enforcing environmental protection. These standards
cover the pollution of water and air. In enforcing these standards,
we will continue to be fair. But we will be firm.
The pollution laws have been in force long enough for polluters to
comply. Consequently, those polluters with a "public-be,-damned"
attitude will be dealt with sternly.
I am requesting the Commissioner of Environmental Conservation and
the Attorney General to conduct a searching review of all outstanding
anti-pollution orders:
--to determine which industries and communities are
complying with their timetables for halting pollution, and
which are not/ and,
--to take prompt action against those failing to do so,
including the assessment of appropriately heavy fines.
Further, I will request these State officials to move swiftly
against new sources of pollution.
This State offers more help, financial, technical and otherwise,
to municipalities and industries with pollution problems than any
other in the Nation. Consequently, where the protection of our
environment is concerned there can be no justification or tolerance
for foot-dragging.
The administration will also explore the possible value of dealing
with environmental polluters by administrative action rather than
through the courts. We are already faced with the problem of court
congestion. Also, the resolution of environmental issues often
requires a technical expertise that is not always available in a
general court of law.
The State's Pure Waters Program enacted in 1965, has moved steadily
toward its goal. So far, 363 sewage treatment projects have been
built or are under construction or design. Virtually all pollution
from municipal sources will be ended when these plants are completed.
All remaining industrial polluters are under legal orders to end*
pollution by fixed deadlines.
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In brief, New York State's Pure Waters Program involves a total
of $4.2 billion in government and industry expenditure. It ranks
today as the largest, most comprehensive, anti-pollution effort
ever undertaken--anywhere in the world.
Our continuing priority must be to keep moving towards the completion
of programs already initiated.
I will also propose other important measures meeting special water
pollution problems.
I will propose legislation to curtail the sale in New York State
of detergents and other cleaning products containing phosphates
by 19/2.
I will propose an expanded program for sampling and testing our
waters for toxic and hazardous substances in order to determine
their immediate and cumulative adverse effects.
This information will be used to promulgate regulations "banning
the discharge of dangerous substances into the environment.
I will also require firms that use potentially hazardous substances
to submit emergency safety plans in the event these substances
are lost to the environment.
The State already has adopted strict standards to prohibit thermal
pollution of our waters from the discharge of excessively hot wastes.
These hot water .wastes from such sources as nuclear power plants
can be turned to advantage. I will, therefore, direct the Department
of Environmental Conservation to conduct research into the beneficial
uses of waste heat.
I will also ask the Department to require that potential dischargers
submit reports on the possible beneficial uses of hot water wastes.
There are, of course, other highly desirable actions that we are
prevented from commencing now because of the State's financial
difficulties. We will, however, when funds are available, propose
programs to deal with such important problems as accumulated
sludge and storm water overflow. In the meantime, research and
planning on these problems will continue.
Together, we have led the Nation in actions to control air pollution,
including:
--the Nation's first standards of air purity for rural, resi-
dential, commercial and industrial zones;
--a ban on open burning of trash and other wastes, which
has thus far eliminated over X)0 open dumps;
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--the first requirement .in the Nation for new motor vehicles
to be equipped with an"i-pollution devices/ and,
--a requirement that only low-sulphur fuels be used in
heavily populated areas. In New York City alone, this
action reduced the sulphus dioxide emissions to the air
by about 50 per cent.
I will now set forth our program of stepped-up action against
vehicular, industrial and other sources of air pollution.
Last month Congress passed the Clean Air Amendments of 1970, which
greatly strengthened Federal controls over motor vehicle emissions
and fuel compositions.
This new law, if fully and vigorously implemented, will mark a
significant step forward in our efforts to control the Nation's
number one source of air pollution--the motor vehicle.
These amendments--which are applicable nationwide and wh.ich mandate
the manufacture and sale of virtually pollution-free vehicles by
1976--have to a large extent, preempted the states from taking
meaningful action themselves in this field. Despite this broad
Federal pre-emption, however, there may be opportunities for comple-
mentary State action.
Accordingly, I have directed the Commissioner of Environmental
Conservation to examine all existing Federal and State controls
over pollution from vehicles and to recommend whatever measures--
administrative and legislative--the State may take to insure the
achievement of the goals of the goals of the new Federal act. In
particular, I have asked him to examine the need and appropriateness--
in light of the new Federal action--for State legislation relating
to:
--the sale of any auto gasoline other than lead-free or low-lead
gasoline in New York State;
--installation of effective pollution control devices on 1975 and
later models;
--guarantees that new vehicles, properly maintained, will perform
in accordance with legal pollution standards.
In addition, I will request funds to establish mobile vehicle
emission testing teams, working within the existing motor vehicle
inspection system.
On January 1, 1971, the toughest air pollution control standards
in the country became effective and enforceable against industrial
polluters in New York State,
To enforce these standards, I will propose roving smoke stack inspectors
to police potential pollution sources.
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Up to now, enforcement of regulations governing incinerators has
been the responsibility of local agencies. I will initiate State
enforcement of air pollution laws wherever local enforcement of
these laws is inadequate.
How we dispose of solid wastes has an immediate impact especially
on air pollution and on pollution of the water and land as well.
Over 40 million tons of solid waste are generated in this State
every year, 2.2 tons for every man, woman and child. That amount
is increasing sharply, by about 8 per cent a year. At this rate,
more than 40 per cent of existing disposal sites will be exhaused in
the next five years--and all of them within the next 25 years.
Obviously, therefore, we must reduce wastes, reuse much of our present
wastes, and find better waste disposal methods to head off this
space squeeze.
Few areas offer more imaginative possibilities for turning a liability
into an asset than the disposal of solid wastes.
Solid wastes are now beir.g used to extend shorelines, create off-
shore islands and build man-made mountains. Waste metals, glass
and other materials are being recovered from the trash heap and being
reused in everything from manufacturing to road building. Much more
can be done.
Under the State's new program of Clean Streets we are making money
available immediately for the major cities to clean up--on a crash
basis--areas blighted by accumulated trash and rubbish.
To further aid local governments, I will propose long-term, low
interest, self-liquidating bond financing to help them meet
the capital costs of solid waste disposal.
I will request funds for site location, preliminary planning and
economic studies by the Environmental Facilities Corporation for the
Development of regional Environmental Facilities Parks.
These parks would include public and private facilities for waste
disposal, reuse and recycling, and for research and development
in these areas. Such parks can provide the basis for the development
of entirely new business and job opportunities as well as enhance our
drive for a better environment.
The above State services will be proposed to help communities dispose
of their solid wastes in a sanitary, non-polluting manner. Since
the State expects to make this help available for proper waste
disposal, I will propose the elimination of all open dumps and open
incinerators by January 1, 1973.
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To try to hold down the accumulation of solid wastes in the future,
I will:
--recommend expanding the present 100 per cent State aid program
for comprehensive solid waste studies to include planning for
separating reusable from unusable wastes;
--urge Federal action to reduce the excessive amount of packaging
of certain products; and,
--call for similar State packaging controls, if the Federal government
fails to act in this area.
I will propose emergency State assistance to localities for a one-
time removal of the 60,000 automobile hulks now abandoned across
this State.
To prevent a recurrence of this atrocious form of visual blight, I
will submit legislation requiring a driver to submit proof that a
junked vehicle has been properly disposed of before another vehicle
can be registered."
Governor William L. Guy, NORTH DAKOTA, issued January 5, 1971. --
... "There is no single concern before us today which is more
important to our children and their children than conservation of
our limited natural resources and the wise management of our delicate
environment. It is impossible to make that statement too strongly.
None of us can completely comprehend the magnitude of what we must
be concerned about.
Adlai Stevenson put it well when he said, "We all travel together,
passengers on a little spaceship, dependent on its vulnerable sup-
plies of air and soil; all committed for our safety to its security
and peace, preserved from annihilation only by the care, work,
and I will say the love we give our fragile craft."
It is already too late in many places in our nation to recover the
quality of life that once existed. But because North Dakota is a
young state and because we are sparsely populated, there is yet
time to take prudent action to safeguard our natural resources and
wisely manage our environment.
We are now aware that there will be a continuing confrontation
between the need to supply our growing population with new jobs,
through development of our natural resources and the management of
our environment, while at the same time we do everything possible
to preserve our ecological balance and conserve limited natural resources
This will require low voices and reasoned accommodation on both sides
of the confrontation.
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In order to carefully examine the broad spectrum of environmental
management and natural resource conservation in North Dakota, I
asked the Natural Resources Council to establish task forces to
make recommendations to me and to the Legislature. Eighteen task
forces were established and more than one hundred North Dakotans
who are authorities in their fields participated in the deliberations
and recommendations of those task forces.
Some of the recommendations were for administrative change, or
federal government action, or private enterprise initiative. But
those major recommendations which I believe deserve your legis-
lative support I submit to you for your consideration.
I propose that this Legislature be recorded in history as the first
in our state to consider the comprehensive aspects of conservation,
environment, and ecology.
Many states have established independent agencies for environmental
management. This is necessary and appropriate in those states which
can gracefully absorb the cost of this type of organization.
It is my recommendation that because of fund limitations and because
of the nature of our state government organization, the Natural
Resources Council be continued with a name change to Natural Resources
and Environmental Management Council, with appropriate expansion of
its mission. The Council is capable of bringing interdisciplinary
study and action in most matters concerning state government in
environmental management and natural resource conservation.
... We must be cognizant of the air pollution that has long been
with us in our state, as well as that which sweeps in upon us from
other regions, or from new industry which might locate within our
boundaries. We know too little about the effects of air pollution
upon North Dakota at the present time.
Our air pollution law established in 1969 needs time and experi-
ence to test any strengths and weaknesses it might have.. I would
however, recommend that Section 48-05-02 and Section 48-05-04 of
the North Dakota Century Code be repealed and that the reference
to "native" be stricken from Section 48-05-03.
I also recommend consideration of income tax credits for approved
devices installed to control air pollution. We should follow
the lead of states who have adopted laws governing open burning
such as might occur in dump grounds, farm fields, oil fields, and
of manufactured waste.
While this type of pollution may not seem overpowering in North
Dakota air, nonetheless it is added to the total pollution of that
fragile thin layer of lifegiving air which envelopes the earth.
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. . . Our state has been a leader in controlling water pollution. I
consider the water pollution control law passed in 1967 to be
sufficient at the present time.
We are in a period of adjustment with water pollution laws at
the federal level and with surrounding states.
Many laws which might be enacted in other areas of environmental
management might affect water pollution control. This would include
land use zoning, herbicide, pesticide and commercial fertilizer use
regulations,.flood plain regulation, and anti-littering laws.
In order to bolster the financial resources of municipalities to
constantly upgrade their water and sewage systems, I suggest legisla-
tive action to prohibit water and sewage user fees from being used
for any other purpose.
I recommend that legislative action be taken to require operators
of municipal waste treatment plant facilities to be trained and
certified by our Department of Health."
Governor David Hall, OKLAHOMA, issued January 12, 1971. --
. . . "It is our responsibility, and that of the entire public, to
take every means necessary to prevent the spoiling and fouling of
our land, air and water.
I recommend that the anti-pollution enforcement powers be concentrated
in one control agency, with the exception of those functions now
performed by the Corporation Commission. I recommend that the
existing Pollution Control Board be designated as the agency and that
it be strengthened with injunctive enforcement powers and a full-time
staff and director.
As a general business management policy, I believe it is more economical
to utilize an existing agency rather than create more bureaucracy.
It is important to have a single source to obtain the necessary
information for compliance with Oklahoma's program to protect our
environment."
Governor Tom McCall, OREGON, issued January 11, 1971. -- ... "Oregon
needs from this legislature some 30 measures to improve protection
and management of its natural resources, including:
More effective controls over air pollution through requiring vehicle
tune-up and inspection, regulating traffic in population centers,
requiring discharge permits for air contaminants, and removing
statutory exemptions on burning.
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Implementation of the bonding authority, approved by the voters last
May, is indicated through new legislation removing the $50 million
restriction and making funds available for other pollution control
needs, particularly solid waste.
Provision should be made under this pollution bonding program for
a capital construction loan fund to local government and to metro-
politan service districts for incinerators; tank farms to recycle
our oils and chemicals; and shredders and compacters for garbage
conversion and recycling plants0
Other urgent needs in the natural resources area are:
Expansion of state bonding authority to fund all water developments.
Establishment of a state agency with authority to approve sites
for nuclear power plants.
Doubling of the Department of Environmental Quality's sfcaff, and
centering in that department full responsibility for management of
solid waste and radioactive and nuclear waste„
Continuation of efforts to add acquisitions for the Willamette River
park system and the Highway Division's park and beach access programs.
Adoption of laws for removal and disposal of abandoned automobiles
and to require a "price on the head" of bottles and cans, encouraging
pickup, cleanup, return and reuse.
Finally, in this listing, creation of a Department of Natural
Resources in the general form approved by the House in 1969."
Governor Frank Licht, RHODE ISLAND, issued January, 1971. --
. . . "In the course of the past two years we have done much, not
only to improve, but to intensify our State's efforts to protect
the environment. As a result, Rhode Island today has:
--Stronger, more effective water pollution laws including new
protection for the quality of our drinking water;
--New, stiff air quality standards;
--Begun to control and regulate the use of pesticides;
--Tax incentives for businesses installing anti-pollution equipment;
--Improved sewage disposal regulation;
--Provided for public disclosure of those who pollute our air and
water;
--Modernized and strengthened the Air Pollution Control Laboratory;
--Established the Council on Environmental Quality to oversee and
evaluate all of our environmental protection programs.
Yet, the crisis facing our environment is of such magnitude that" we
must accomplish even more if our citizens are to enjoy a truly clean
and healthful environment.
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1. There remains the need to strengthen our enforcement procedures
in order to improve the effectiveness of our air pollution laws. I
shall, therefore, ask you to again consider legislation to prohibit
commercial, industrial and institutional open fire burning as well
as legislation to insure swifter and more effective prosecution of
air pollution violations.
2. We are vitally concerned with Narragansett Bay, our State's
major natural resource, and we are committed to taking the necessary
action to provide for its protection, preservation and wise manage-
ment.
Accordingly, we have enlarged the size and scope of the Rhode Island
Coastal Zone.Committee so that it now includes representatives from
every city and town, the General Assembly, and other organizations
with a particular interest in the future of the Bay. This enlarged
committee will provide the means for the expression of the interests
of all concerned groups. When the Committee's recommendations are
completed, I shall submit the appropriate legislation for your
cons ide rat ion.
3. It is estimated that 65 percent of air pollution is 'caused by
motor vehicles. If we are to reduce the pollution resulting from
automobile emission, we need new, more stringent vehicle inspection
regulations. I am, therefore, asking the Department of Transportation,
in cooperation with the Department of Health, to examine these areas
and to formulate the necessary inspection regulations. Much of
what we seek can be accomplished by such regulation. But should
legislation be necessary to carry out these programs, I shall submit
it for your consideration.
4. I am not unmindful of the growing problem of air and noise
pollution resulting from aircraft. This is essentially a Federal
matter, requiring more effective Federal regulation. We shall,
therefore, continue our efforts to press for more action at the
national level.
But I shall also direct the Department of Transportation to examine
this entire area more carefully to determine what, if anything, can
be done at the State level„
5. We in Rhode Island are fortunate that the level of air pollution
in our highly urbanized areas has not reached serious proportions.
The National Air Pollution Control Administration, however, has
stipulated that if a State is to remain in compliance with Federal
regulations and be eligible for continued Federal funding, it should
have a State plan that can be quickly and effectively implemented
whenever air pollution reaches a particularly dangerous level. It
is therefore important that we have what is ceiled an EPISODE
Emergency Plan, which will detail the steps that can be taken by
the State to either avert or end a crisis resulting from air pollution.
I shall propose legislation to allow for the adoption of such a plan
for your consideration in this session of the General Assembly.
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6. We have made the commitment to clean our air and water, and to
provide a healthy environment for all Rhode Islanders. To achieve
this, we are equally committed to strengthening our programs of
monitoring and investigation."
Governor Richard F. Kneip, SOUTH DAKOTA, issued January 19, 1971. --
. . . "Clean air and water and open, fertile land are among the most
precious resources of this state. The protection of these resources
is an urgent and vital need.
Water pollution, in particular, is a growing problem in South Dakota.
South Dakota has time to act to protect the environment if she has
the will and foresight to do so.
Our laws provide the state with authority to protect the environment.
This administration will take a giant step in fighting pollution by
administering fully and effectively the laws we now
To aid in the administration of our pollution statutes, I propose
a change in the water pollution committee membership to allow the
appointment of conservation-minded citizens to the committee. At
the present time, only government officials and representatives of
special interests can serve on the committee. It is unclear from
the current composition whether the committee is supposed to pro-
tect the environment or whether it is to protect those who may pollute.
I believe that if we expect strong pollution administration, we need
to allow environmentally concerned citizens to serve on this key
pollution control committee.
We can further protect the environment by giving individual citizens
greater authority to help stop pollution. I propose that any citizen,
with proper safeguarding, be allowed to petition the Air Pollution
Control Commission and Water Pollution Committee for a hearing on
a pollution complaint.
Sound planning is another key to environmental protection and resource
development. A comprehensive statewide water plan is long overdue.
I call upon this Legislature to provide a coordinating body among
our water resource agencies to develop that water plan. This coordinating
body shd.ould.be responsible for insuring that the water plan is not
in conflict with any general planning efforts of the State Planning
Agency. Furthermore, in developing the plan,, environmental costs
and benefits must be given as much attention as economic costs and
benefits. We shall not purchase economic growth at the expense of
our environment.
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Governor Calvin L. Hampton, UTAH, issued January 12, 1971. --
... "For the past six years ws have concentrated heavily on the
economic development of our state, but while adequate paychecks are
necessary for a full life, this does not provide the full answer.
The pollution of our air, water and lands poses threats to our
health arid enjoyment of our environment. Alcoholism, drug abuse
and crime are on the increase. Government bodies must be modernized.
Our cities become crowded while rural areas lose their young people.
Increased leisure time brings new demands for recreation facilities.
The stability of our family life faces threats on all sides. There
is an urgent need for housing, on-the-job training and equal treat-
ment of minority groups. Urged on by increasing social awareness
through our young people, we are re-examining our priorities.
We in Utah face a particularly difficult challenge in regard to
pollution. Liquid wastes find their way into our streams and
ultimately into the Great Salt Lake. We have made a creditable
beginning in the control of both air pollution and water pollution
in this valley. Our cities and towns that once dumped untreated
sexvage into the Great Salt Lake now have efficient treatment sewer
plants and many sources of air pollution have been eliminated.
However, the increase in our population, the mass migration to the
cities, the increase in the use of automobiles, and accelerated
industrialization bring new pollution threats. These threats must-
be net promptly and with vigorous action if we are to preserve the
unique life style and ecology of this state. We must cooperate with
the federal government and other states to reduce the pollution by
motor vehicles. New industries must regard the cost of air and water
pollution facilities as much a part of their original capital costs
as are bricks and mortar and machinery. We wish not to cast any
unnecesary obstruction in the way of industrial development, but if
we must choose between industrialization and a clean environment, the
decision must be made on the side of the environment. Likewise,
we will work with our existing industries in an effort to help
them adjust to the demands for clean air and clean water, but adjust
they must.
... In 1967, the Legislature enacted the first Air Pollution
Control Bill in the history of the state. Unfortunately the bill
came to me for approval or disapproval after the Legislature adjourned,
There were features in the bill which I felt were inadequate.
However, the bill as drafted was certainly a beginning and better
than no bill at all, so the act was signed and sent to the Secretary
of State with a letter pointing ou± the weaknesses as I saw them.
At the time the Legislature met in 1969, the matter was discussed
with legislative leaders and it was felt the bill had not had
sufficient opportunity to prove itself. Therefore no changes were
made.
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During the past summer an evaluation team from the Department of
Health, Education and Welfare of the United States Government, at
my request, came to Utah to review our law and its operation. This
team made a rather extensive report, which contained a number of
recommendations. Recommendations have also been submitted by the
staff of the Environmental Health section of the State Division of
Health. Based upon all of these recommendations, there has been
prefiled with the Legislature, a bill which, I believe, will correct
the defects in the present act.
The second major change in the proposed legislation has to do with
enforcement. ' Enforcement procedures provided in the present act
are so cumbersome and timeconsuming that a polluter could actually
operate in defiance of the law for many months while all the required
hearings, re-hearings and appeals were being processed. The hearings
and appeals procedure contained in the proposed amendment reduces
sharply the period of time required to secure a final order against
an offender and yet adequately assures a full and impartial hearing
to any person or company accused of violation of the pollution laws."'
,,Governor Daniel J. Evans, WASHINGTON, issued January 1971.
Creation of the Department Oaf Ecology by the 1970 Legislature finally
concentrates in one state agency our efforts to maintain a liveable
environment, and in spite of our financial difficulties I have
requested an increase of 25% in operating funds for that agency;
for all of the other efforts on behalf of the citizens of the state
are for naught if we cannot prevent the degradation of the air we
breathe, the water we use, and the land we occupy. The remaining $16
million of the $25 million Referendum 17 bond issue have been requested
to accelerate the construction of water pollution control facilities;
the battle against air pollution will be stepped up to halt the use
of the air we breathe as a receptacle for toxic wastes; and funds have
been requested to assist the cities and counties of the state to
find ways to solve the solid waste disposal problem without creating
other environmental problems.
We in state government cannot demand an end to pollution by industry
and our citizens and continue to allow state agencies to pollute our
clean air and waters. Accordingly, I have requested sufficient
funds in the Highway Department budget to provide sanitary holding
tanks for 7 of our state ferries. I fully anticipate that by the
1973-75 biennium, holding tanks will be placed on our 8 remaining
ferries.
In order to eliminate air and water pollution by our state institutions,
I have provided $500,000 in the Division of Institutions' budget.
This amount of funding will allow us to provide adequate sewage
treatment facilities, convert a number of our institutions from coal
to gas heat and reduce air pollution and take other necessary actions
to also comply with the need to preserve our unique environment..
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The Department was established July 1, 1970, to provide a single
state agency directing efforts to protect the state's natural resources
and environment. The Department resulted from a consolidation of the
Department of Water Resources, the Water Pollution Control Commission,
the Air Pollution Control Board, and the Solid Waste Program of the
Department of Health. With these responsibilities in a single agency
it is expected the efforts to preserve and protect environmental
resources can be carried out in a comprehensive manner consistent
with the complexities of the problems faced.
The General Fund request for the Department is a $208 million increase
over the current biennium for increased development of environmental
standards, establishment of guidelines to enable continued development
consistent with such standards, and surveillance and enforcement ac-
tivities to assure compliance with the standards. It also provides
for necessary coordination and assistance to local agencies involved
in pollution control activities and continues the solid waste
planning grants to local agencies.
The request also proposes allocation of $16 million of bond proceeds
to match increased federal funds available for construction of
sewage treatment facilities by local entities.
Along with creation of the new Department of Ecology the 1970
Legislature established the Pollution Control Hearings Board to
resolve appeals from decisions of the Department of Ecology by a
body independent of that agency.
The Board was established to operate on a part-time basis and funds
have been requested to allow the Board to be engaged in its work to
the part-time maximum.
Another new agency for which funds have been requested, the Council
was established by the 41st Legislature to review all proposed sites
for thermal power plants to assure that any new plants are located
and operated in a manner which does not cause further degradation
of the environment.
Initially funded from the Governor's Emergency Fund for that part
of the current biennium since it was created, funds have been re-
quested for operations of the Council for the new biennium."
Governor Arch A. Moore, Jr. WEST VIRGINIA, issued January 14, 1971. --
... "I am particularly pleased to report to West Virginians that
our state has moved forcefully and aggressively in the control of
air pollution.
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Your Governor and the West Virginia Air Pollution Control Commission
have prompted the federal government to advance the timetable for
the establishment of four air quality regions in West Virginia. In
fact, these regions were established in the past year and plans for
implementation are now underway.
This accomplishment reflects a dramatic reversal of events, and
as a consequence, it has brought West Virginia into the national
forefront of air pollution control. In essence, it took action on
the part of state government to move the federal government into
faster response„
Several other accomplishments of the past year attest to our strong
commitment to enhance the environment.
With the cooperation of the industries of the Kanswha Valley, all
flyash control programs that have not been completed were shortened
by at least one year and in some cases, one and one-half years.
The target year is 1972 instead of the previously planned objective
of the end of 1973.
Flyash emmissions in the Kanawha Valley as of the first of this year
have been reduced by more than 200 tons per day.
The past year also saw the completion of one of the most progressive
and comprehensive process particulate regulations ever to be developed
by any air pollution agency. Regulation VII will limit emissions of
particulate matter, acid mists, and smoke from more than 200
manufacturing operations in West Virginia. Already, field engineering
inspections have been made on nearly half of these operations, and
some of major industry has completed installation of equipment to
meet Regulation VII.
According to estimates, it will cost West Virginia industry $100
.million to fully comply with Regulation VII0 At one facility alone,
it will cost $35 million to comply.
A total of 30 coal preparation plans which have thermal driers and/or
air tables have installed control equipment necessary to meet Regula-
tion V requirements.
The Commission also registered several hundred incinerators and more
than 50 of these have been reviewed to determine if regulation
requirements are being met.
The improvement of our environment also includes the conservation
of our natural resources. In the Department of Natural Resources,
efforts have been accelerated to protect our lands and streams.'''
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The increase in last year's funds provided administrative monies
to move forward with reclamation of abandoned lands from the effects
of surface mining. Contracts to be accomplished under the Special
Reclamation Fund have been awarded recently for land restoration
work in excess of $500,000.
Current economic conditions and greater demands for coal have
spurred an increase in surface mining. Proportionately, the
department has increased its regulatory and surveilance activities
with respect to surface mining.
For our woodlands, 1970 was a good year. More effective fire
suppression methods, coupled with highly favorable weather conditions,
helped West Virginia to have one of the lowest years for recording
forest fire damage.
Prosecutions for violations of the Department of Natural Resources'
laws have increased dramatically in the past year. This is largely
due to the stepped-up thrust being given to stream and road litter
control. In the year just past, the department's officers had
4,085 prosecutions, with net fines totaling $119,368. This repre-
sents a 20 percent increase over previous years.
Another successful aspect of the stream pollution control was the
clean-up scenic rivers' campaign that your Governor sponsored.
Last summer, hundreds of youngsters were offered jobs in the
Neighborhood Youth Corps program, in which these youths helped
remove litter and debris from our precious streams and waterways."
Governor Patrick J. Lucey, WISCONSIN, issued January 21, 1971. --
. . . "Public concern with the quality of our air, water and land
has risen sharply in recent years, and there is now a very broad
base of support for stronger action in this area. I have appointed
a special task force on the environment and I will lay their recommenda-
tions before you as soon as possible.
I hope their recommendations will include legislation to ban high
phosphate detergents/ require both public and private institutions
who use and discharge large quantities of air and water to install
continuous monitoring devices at their own expense;
establish programs of environmental education in our schools and
colleges and finance these programs initially through a tax on throw
away containers;
impose tax penalties upon industries and other private institutions
failing to comply fully with anti-pollution orders;
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require the installation of effective emission control devices on
all motor vehicles.
In addition, I believe we should take the first step in this legisla-
tive session toward the passage of a state environmental quality
amendment. The main purposes of such an amendment would be to impose
upon every government agency, state and local, a legal duty to safe-
guard the quality of our environment in every decision they made.
It must also guarantee the right of private citizens to bring law-
suits against public bodies who violate that mandate.
Let me pledge' at this time that the Executive Branch will take
strong action within its authority to safeguard the environment. We
have already begun through our participation in the Lake Superior
Conference. We intend also to prosecute vigorously those who pollute
our environment, to speed up the reporting of violations to the
Federal Water Quality Administration, and to encourage federal
prosecutions under the Refuse Act of 1899. From time to time it
may be necessary for us to ask that you expand our authority to press
such actions or provide us additional resources to support such
actions.
Most importantly, we must reject the notion that we can tolerate
misuses of our resources up to the point where a clear threat to
health or safety or aesthetic values becomes apparent. Instead, we
must adopt the philosophy that those who wish to use our resources
carry the burden of providing that they will not abuse our environment."
Governor Stanley K. Hathaway, WYOMING, issued January 13, 1971. --
. . . "The Wyoming Legislature has passed landmark environmental
protection laws in its last two sessions. Air quality and water
quality standards as well as open cut mining reclamation regulations
have now been adopted. The framework for protecting and enhancing
the quality of our environment has been well laid. We must now
increase our capacity for surveillance of problems and enforcement
of high standards already adopted. This task requires more personnel
and equipment. I have recommended substantial increases in the
budget of the Division of Health which has the responsibility for
enforcement of air and water quality standards.
The indiscriminate sale and use of some pesticides poses an in-
creasing threat to our environment. To combat this threat closer
regulation is indicated and I propose for your approval a pesticide
registration use and application act.
A quality living environment demands comprehensive planning and
zoning. There is an absence of authority and action in areas sur-
rounding many cities and towns -of Wyoming. The Department of
Economic Planning and Development will be submitting five separate
bills concerning county and city planning and zoning with a joint
powers act permitting county and municipal governments to join to-
gether in solving their problems. This legislation will contribute
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