Input in enforcement action

[Charlie Atherton <charlie@structurex.net>]

When the EPA and DOJ seek public input when an enforcenent action is settled, we are still trying to find out how the public is notified of this request.  As the public, we do not know how this process currently works.

We do know that the public must be involved early in the process, if for no other reason, in order to be up to speed and knowledgable enough to meaningfully participate during the public comment period.   

On the state level, we have experienced a system that seems to be designed for failure.  By the time we get any useful information to enable us to comment on the settlement, the comment period is closed.  We have also found that it is impossible for public comments to make any difference in the outcome.  

The public is asked to be involved in the process too late in the process.  We have had a recent case where the public talked to the industry involved in the enforcement action, and the enforcing agency, and still could not make a difference.  This was a case of the public wanting a SEP (Supplimental Environmental Project)in lieu of a fine, and the industry and the agencies said they wanted a SEP also.  Still the public could not make it happen.  

Does anyone have a success story that they could share with us?
Charlie Atherton