340 



The thrust of the present study, however, is to demonstrate the dif- 

 ficulty encountered by the Congress in designing legislation to satisfy 

 two sets of unrelated constraints — economic and ethical— in a matter 

 with both a national and local aspect, with dispersed administrative 

 jurisdiction, incomplete technical foundation for decisionmaking, and 

 a virtual absence of standards of value. 



Evolving prohlons with loater pollution in preioar years 



Concern over water pollution in the United States had existed long 

 before passage of the 1948 law. The discharge of increasing quantities 

 of untreated industrial and human wastes had come to overtax the 

 natural capacities of the Nation's vraterways for self purification. 

 Swimming areas had to be closed down for reasons of public health. 

 Estuarine pollution killed oft' many shellfish beds, destroying the 

 industries that depended on them. Even though public expenditures 

 for sewage treatment plants continued to ascend, the capacities of such 

 plants lagged further behind the need. 



During the first half of the 20th century numerous abortive efforts 

 were made in Congress to enact legislation asserting Federal control 

 over water pollution, to increase research on aspects of pollution 

 abatement, and to fund control measures carried out by States and 

 municipalities. Between 1900 and 1948, 90 bills were introduced in the 

 Congress to achieve one or more of these goals.^ 



In 1936, a water pollution control bill was introduced by Senator 

 Barkley and Representative Vinson. This bill was first adopted and 

 then turned back on a move to recommit in the closing hours of the 

 session. The same bill was again passed in 1938, but was vetoed by 

 President Roosevelt on the basis of technical defects in the provision 

 for grants and also of the question as to the bill's constitutionality. 



In 1939, the Special Advisory Committee on Water Pollution of 

 the National Resources Committee reported to President Roosevelt: 



Water pollution is a problem of national concern. It is especially serious in 

 the relatively populous and highly industrialized northeastern section of the 

 country. * * * 



Pollution comes from three major sources : municipal sewage * * * mining 

 waste * * * industrial waste * * *. These wastes are inimical to the public 

 interest in a variety of ways. The receiving waters may carry substances which 

 cause disease, obnoxious tastes, odors, and colors, which decrease the utility 

 of water for industrial purposes, corrode structures, prevent or jeopardize 

 recreation, and reduce aquatic and other forms of wildlife.* 



The report urged that the scope of pollution control be enlarged 

 beyond public health considerations and encompass the objectives 

 of conservation of wildlife and development of recreation; pollution 

 control should be included in the planning for the development of 

 river basin projects; the hazards of pollution should receive pub- 

 licity ; and intensified research in causes and corrective measures 

 should be undertaken by Government and industry. Emphasis should 

 be on regulation by the States but Federal legislation was needed 

 (in substance) to provide— 



3 The Library of Congress. Legislative Reference Service. Water Pollution Control Bills. 

 Inserted in : U.S. Congress. House Committee on Public Works. Water Pollution Control 

 Hearings before the * ♦ * on H.R. 123, H.R. 315. H.R. 470, bills to provide for water- 

 pollution-control activities in the U.S. Public Health Service, and for other purposes. 

 June 11, 12, 18, and 16, 1947. No. 12. 80th Cong., 1st sess. (Washington, U.S. Government 

 Printing Office, 1947), pp. 117-117 (hereafter referred to as House hearings, 1947). 



■• U.S. National Resources Committee. Advisor.v Committee on Water Pollution in the 

 United States. "Third Report of the * * • Message From the President of the United 

 States Transmitting a Report on Water Pollution In the United States." 76th Cong., Ist 

 sess., H. Doc. 155. (Washington, U.S. Government Printing: Office. Feb. 16, 1939), p. 1. 



