THE SYSTEM WORKS

December 13, 2002, The Beaver County Times

 

“State and Local Policy Making” studies how citizens influence public policy.  Let me give you an example.

When a contractor applied to resume dumping in the Ambridge Landfill “anomic interest groups” like HAD-IT.  These “perceivers” were concerned about what they remembered from when the site had been open.  They gathered old pictures, and took new ones.  They plowed through reams of public records.  They contacted public officials. The police showed them how to do a traffic study.  They learned the regulations about “clear sight” for ingress and egress.  They were drawn into litigation.  They convinced Harmony Township to call a public meeting. 

Attorney Howard Wein, became the “specialist” with specific training and effective questions.”  The Conference of Consumer Organizations (COCO) digested immensely complicated issues to policy-making boards and to the media as an “articulator.”

Their work won the Department of Environmental Protection’s July 24, 1997 Denial Letter.  The site’s 1978 Original Permit was revoked, the site was to be closed, and any new application would have to meet current regulations.  “Policy” was made.

The policy now came under “review.”  It was appealed to the Environmental Hearing Review Board.  The appeal and the litigation were settled on August 10, 1998. The Letter was sustained with certain leniency to the contractor. 

“Implementation” fell the DEP. Howard Wein had substantially completed his job, and a new “specialist” appeared.

Representative Susan Laughlin and Senator Jerry LaValle introduced COCO’s proposed amendment to the Solid Waste Management Act, and HAD-IT and COCO got it out of committee.  Congresswoman Melissa Hart endorsed it.  Ambridge Borough was shown an irregularity in its zoning, and designated the Landfill site as “residential.”

DEP called a meeting on November 2, 2000 regarding the contractor’s new permit application.  Did the 1978 regulations apply?  The contractor was given another continuance.

Sixteen months later HAD-IT petitioned for site closure.  It was possible to interpret DEP’s reply that the site was to be closed, but the contractor would retain the 1978 permit standards.

COCO, as “articulator,” took the new letter to Rep Laughlin, Sen LaValle, Congresswoman Hart, Congressional Candidate Steve Drobac, Ambridge Borough Council, and the Beaver County Commissioners.  Each said the 1997 Denial Letter should stand.  COCO delivered their letters to DEP’s Secretary Davis Hess, in Harrisburg, on November 23, 2002.

On December 5, 2002 DEP responded that closure was substantially completed, the 1978 permit was revoked, and any new permit would have to meet the current regulations.  The 1997 Denial Letter stood unfettered.

It has been six years.  The issue will fade away as specialists on both sides run out of reasons to justify new invoices.  It remains that ordinary citizens have made, and enforced, public policy through the system.

Roger Thomas

Editor’s note, Thomas is Director of COCO, and has a Masters in State and Local PolicyMaking.

 

 

July 19, 2001 call for punch list             November 2, 2001 Petition to DEP

February 27, 2002 call for re-zoning     May 7, 2002 letter on HB 2280

August 27, 2002 letter for closure         August 28, 2002 Petition to DEP

March 4, 2003 letter on HB 433