ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Sunday, November 24, 1996 TAG: 9611250047
SECTION: EDITORIAL PAGE: 3 EDITION: METRO
SOURCE: DEANNA C. SAMPSON
LAST SUMMER, the Environmental Protecton Agency began investigating a long-time Virginia polluter, Smithfield Foods. The federal agency planned to sue the company, which sits on the Pagan River, but the state of Virginia filed suit against the company only days after learning of the EPA's intentions.
The EPA accused Virginia of taking legal action to block tougher federal enforcement. The Allen administration maintains that Virginia is responsible for enforcing clean water laws and that Uncle Sam should mind his own business.
It doesn't actually work that way. Federal law establishes the programs that allow companies like Smithfield to operate. By agreeing to minimum standards and periodic federal reviews, Virginia may administer water-quality programs. If Virginia fails to fulfill its basic obligations, the federal government has the authority to take enforcement action - or even take over the entire program.
But federal law also stipulates that if a state is ``diligently prosecuting an action'' against a polluter, the feds are prohibited from picking up their big stick and enforcing the law. This allows states to handle their affairs as they see fit while providing a backup if the interests of state citizens aren't adequately being protected.
Since 1993, Virginia's Department of Environmental Quality has cited Smithfield 24 times for releasing water polluted with animal wastes into the Pagan River. The DEQ says it had been planning to sue Smithfield for two years and ``began assembling a case in earnest this spring.'' Federal involvement, therefore, was unwelcome.
Smithfield has violated its permit 24 times in three years, and the state began its case ``in earnest'' only a few months ago? This is not an example of ``diligent'' action.
Virginia's actions cheat both private and corporate citizens of the commonwealth. The citizens of Virginia want strong enforcement of environmental regulations. They know the risks that unchecked pollution has on their health, the state's natural beauty, their property values and the industries that support their communities.
When the state is lax in enforcing the law, taxpayers wind up footing the bill. Yes, industries pay fees for the permission to pollute. But these fees don't cover the full costs of the permits. A DEQ study found that the state would have to increase water-permit fees tenfold to cover costs now covered by Virginia's taxpayers.
Not only are state taxpayers subsidizing corporations, it's cheaper for corporations to disobey the law because it would cost them more to comply than pay fines. Flouting the law thus gives polluters like Smithfield a competitive advantage over conscientious corporations. There's no incentive, then, to obey the law.
Given how the state administers the law, how can we lay the full blame for pollution on industry? Lax enforcement of environmental laws invites violations.
The state says that regulators are counseling companies to comply instead of punishing violations. But for this ``positive-action compliance'' to work, Virginia must provide clear and concise information to businesses on responsibilities and expectations. That means training to ensure companies understand the law. This would be especially welcomed by small businesses, which cannot afford engineering and scientific expertise.
Also, positive-action compliance must include stringent penalties for violations, including the failure to keep required records. And to encourage compliance and record-keeping, Virginia must conduct random, on-site inspections based on a facility's size, emissions and history of noncompliance.
Obeying pollution laws has to become critical to a corporation's bottom line. The state must penalize polluters enough to eliminate the competitve advantage polluting now affords them. Strong penalties and large fines have a knack of getting the attenton of corporate management. Without them, the incentive to pollute and profit from it is too great.
Deanna C. Sampson is the program director for the Virginia Conservation Network, a statewide coalition of environmental groups.
- Virginia Forum
LENGTH: Medium: 79 linesby CNB