Public Participation in Permitting

[Curtis seyfried <curtis.seyfried@verizon.net>]

I am sorry for not having joined the discussion earlier, but was away, and then busy when I returned.

I am a community advocate and project manager for a Community Based Organization (CBO) in the South Bronx, NYC, NY.
We Stay / Nos Quedamos, Inc.  We are board members of the NYC Environmental Justice Alliance (NYCEJA). Members of city-wide coalitions to fight for Responsible Solid Waste Management and Energy Planning and practices, in NYS - Organization of Waterfront Neighborhoods (OWN), and Communities United for Responsible Energy (CURE).

As such I represent Nos Quedamos, and the local communities of Melrose, Mott Haven and Port Morriss, at various federal, state and city agency hearings, meetings, committees, etc.

The first problem I see is that the "Public", and/or their CBO representatives are only brought into any process at the very END, and then only to meet statuatory requirements of public notice being made, and input accepted. We are only asked to comment on the already formulated plan, not to Help to Create a Responsible and Community Acceptable plan from the outset.  We are statuatory requirements, nothing more.

The second, is that official notification of hearings are made in places where the "average person" never looks, i.e., Federal Register, and other governmental or agency official media. They are also usually made very clos to the hearing date.  We are rarely invited !  Sometimes we even have to force our way in.

The third problem I have found is that agencies, and businesses seeking permits, feel that by dealing with local officials, [i.e., community boards and borough presidents from NYC's perspective; NYC Councilmembers, community boards and borough presidents form the NYS's perspective, and the same for Federal]  that they have "reached out" to "the community."

CBO's and the general public are usually the last to hear about any dialogues, are the last to speak at "public" hearings [politicians go first becausde their time is so valuable ?!, business and commerce reps go next, and if there is still time the "public" for which the hearing "should be" being held is rushed through at the end.

The fourth problem is that CBO's and community members are rarely ever listened to, or it appears we are not, since our input has little influence on policy. i.e., I am still waiting for results of a NYS DEC hearing on Environmental Justice that was held in NYC, and throughout NYS, in JUNE of 2000 !  CBO's spent a whole day, at the invitation of NYS DEC. I spoke at the very beginning, when the commissioner was still present.

Something I remind ALL agencies, but particularily US EPA, NYS DEC, and NYC DEP:  Your original mandates, and the reason you were created, was to PROTECT THE PUBLIC HEALTH AND SAFETY from the AGREGIOUS !!!!! [ remember the Ohio River that used to burn, remember Love Canal, and many others]  abuses of our envirronment by AMERICAN BUSINESS.

BUT, somewhere along the line it feels like the various environmental, health and safety agencies, at ALL governmental levels, are NOW in place to : PROTECT THE PROFITS OF Powerful AMERICAN BUSINESS from the helpless and powerless AMERICAN PUBLIC !
I live and work in a low income community of color that is continually being bombarded with MORE and MORE toxic polluting industries and projects.  If we defeat one, another comes along. This is true nation-wide in poor communities, no matter what their cultural make-up.

We are not NIMBY.  OUR backyards are FULL, and are being Double-decked to ADD more and MORE pollution.  Our children and elders are Dying.  We are continually playing catch-up to learn the technologies and science of the Latest toxic threat to our community.  We have NO time to breathe, nor Clean Air to breathe.