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Polluter
Accountability
Protest
of Failed Enforcement for Solite Corp., Stanly County (photo:
Joann Almond, SCOTCH)
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Clean
Water for North Carolina (CWFNC) has worked in many communities
over the years, and found one common thread - communities
across the state suffer from poor enforcement of existing
environmental laws and regulations.
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best laws are useless if they are not enforced with diligence.
A 2001 report by the Raleigh News and Observer found that NC
fines assessed by the NC Dept. of Environment and Natural Resources
(DENR) for air and water pollution averaged only 6% of the legal
maximum. Even then, the state only collected 35% of the fines
owed! This slack enforcement led many industries to assume they
could produce illegal pollution, and pay a paltry sum in the
unlikely event they are caught. This provides an incentive for
polluters to continue their non-compliance.
In
2002, the 30th Anniversary of the federal Clean Water Act,
CWFNC issued a report strongly critical of water quality enforcement,
"Keeping the Promise...or
Down the Drain." The report's authors lay the blame
squarely at the feet of the NC General Assembly for failing
to provide adequate positions for protective permitting and
enforcement action that prevents future non-compliance. Further,
state legislators have actively intervened on behalf of polluters
to keep permits weak and prevent strong enforcement action.
CWFNC calls for prompt posting of all permit and compliance
information on DENR's web site, and an end to "client"
relationships between polluters and enforcement staff because
they are committed to technical assistance at taxpayer expense.
After
the closure and bankruptcy of a major western NC industry,
the RF Ecusta Pulp and Paper Mill, industrial communities
and state officials have realized that there is no requirement
for financial assurance of toxic industrial "lagoons"
and landfills, or any other permit performance. CWFNC
calls for prompt legislative action to close this huge loophole
preventing protection of communities, by requirement that
post financial assurance that resources will be available
to operate critical environmental systems and carry out clean
ups of contaminated sites.
The Keys to Enforcement
CWFNC continues to work with communities for swift, fair enforcement,
and to advocate for stronger enforcement policies and full
financial accountability for polluters. We propose the following
principles for polluter penalties:
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Penalties must be high enough to truly deter industries and
municipal dischargers from continuing to pollute our state's
water, air and land. In 2000, EPA's Inspector General also
called for DENR to calculate penalty assessments that will
compensate for the economic benefits of non-compliance. DENR
said it was too much trouble to do those calculations, and
even CHRONIC polluters are often assessed fines less than
4% of maximum, based on enforcement worksheets.
· DENR needs more enforcement
and pollution prevention staff. The NC budget must reflect
that support to DENR staff, which will soon pay for itself
in reduced environmental damage to public resources.
· NC legislators and regulators must be prohibited
from working for private industry with NC environmental permits
for three years
after leaving office, and strong penalties shall be required
for legislators interfering in permitting or enforcement actions.
· DENR should establish an Office of Environmental
Justice to intervene for those who are chronically dumped
on - people of color and low-income communities.
· DENR should provide public on-line access
to all permit and compliance information, from violation to
notices of violations to penalty asssessments and any negotiated
penalty reductions.
· The General Assembly must establish the right
of the victims of pollution to be present and provide testimony
at all meetings where fines are set or reduced.
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