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Environmental Justice Policy
DRAFT DISCUSSION DOCUMENT
I. Community Participation Policy Discussion Draft I. Community Participation ________________________________________________________________________________
Timing:
2. Company should be required to give community 6-months (or one year) notice of intent to apply for an application for a permit to site or amend existing permit.
4. The responsibility to advise the citizens of a city (if within city limits) and/or the citizens of a county (which will automatically include the specific township) of the receipt of a notice of intent lies solely as a civic duty and responsibility with the city mayor/manager and/or County Commissioners via appropriate website posting, local radio and 3 weekly special newspaper environmental notices (not legal notices) starting within 30 days of the receipt of the notice of intent.
7. No transfer of license applicant at any step, or re-start of process would be triggered
Content: 1. Notice should be comprehensive and include information about the company, its track record and other facilities owned, and complete information about the process
2. Notice must be in language accessible to the community
3. Any company w/toxic chemicals, etc. should release all activities (expansions, etc.)
4. Potential pollutants/contaminants and the health effects, safety; potential impact on costs to community of the facility
5. Impact to road safety, commercial infrastructure costs
6. Impact on property values
Method 1. Notice should be made by someone knowledgeable about community concerns, and who does not have a conflict of interest
2. Notice must be made in a way that is accessible to the community, e.g., not exclusively in the legal section of the newspaper
3. Notice should be given in writing to media (multiple media outlets, advertisements—need attention-getting lead line; local officials and trustees, and all residents of the community
4. Public service announcements; public forums; community phone tree
6. Newsprint, radio, TV
7. Email, website/internet notice; government websites
8. Public meeting – public should not have to ask
9. Press release: to all media, all of Ohio, with emphasis on public access
10. Registered mail
11. Notice should be printed in own section of the classified ads in newspapers
12. Public libraries
14. Community registers with OEPA to receive notice by mail
Who is entitled to notice: 1. Notice should go to all individuals who actually live in the community, or within 5 mile radius
2. Build in flexibility as to area of notice depending on the expected impact of the facility
3. Impartial community representatives, automatic release to advocacy groups
4. Businesses operating in the affected area
5. Responsible parties: comm. and trustees and Board of Health
6. Variety of community stakeholders – unions, environmental groups, religious institutions and other faith-based groups, community/neighborhood groups
7. Expansive community beyond barriers! Anyone in U.S. (applies to nuclear and coal)
8. People in the community should be at the geographical location
9. An Applicant for any kind of activity, except for the construction of single-family residences, must be required to submit a notice of intent document to the City Mayor/Manager (if within the city limits) and/or the County Commissioners and the Township Trustees six (6) months in advance of submitting an official application [Moved from I.A.4 above)
Cost: 1. Responsibility for the notice must be with the company/applicant, the costs paid by the company as part of permit application fees
2. Notification should be paid for by applicant
3. Landlords should be responsible for providing notice to tenants who live in the affected area
4. The expense of notice procedure must be borne by the party submitting the notice of intent in the form of a pre-payment submitted along with the notice of intent, as negotiated with the public authorities responsible for the appropriate public notifications.
Accountability: 1. Notice requirement must create accountability, process stops unless required notice is made.
2. Public participation must be integral to the process
1. People affected by a permitting decision should be involved in shaping that decision -- as experts on community issues and needs, and should be able to monitor project development to the end; NO EXCEPTIONS, community is never to be by-passed
2. Immediate public meeting, with all the information available and open to discussion, and comments submitted by email, letter or phone call
3. Veto power if evidence of negative environmental or health impact; Final say to citizens after being informed of each step; Local people need to be empowered; outside entity should not be allowed to force something on a community
4. Company requesting a permit should have to work directly with the community, not through an agency such as OEPA
5. Community should have a role, along with the agency, in testing the information a company provides in an application
7. Designated citizens equal part in decision with the licensing authority
8. Research company history; record of violations, history of relationships with communities in which company has facilities
9. Watchdog role – notices of permits and hearings
12. Legal action – (e.g. petition)
13. Conditional use permit hearing
14. Most locally and directly affected should have strongest voice, but also those indirectly affected should have say
16. Community members on corporate boards
17. Present records
18. Public meetings/forums; Community education; mandatory informational meetings (both sides -- public and company)
1. Census data/population density; income levels, economic data
2. Residents’ observations and complaints; number of violations per capita
3. Annual assessments
4. Record of habitual violations
5. Number of permits issued/applications made
6. Existing pollution/air quality; cumulative impacts; number of superfund sites; flows (mining)
7. Minority status
8. Community health status; asthma rates; number of people with particular diseases
9. Existence of subsistence communities
10. Low income; low tax base; low employment
11. Falling economic indicators in community, e.g., falling property values; land values
12. Resources (e.g., lakes, rivers, streams); water tables (underground water); proximity of groundwater and water resources (e.g. wells) to facilities; watershed bio-region
13. Potential impact on community life
15. Number of schools, day care in community; number of nursing facilities, assisted living and retirement communities; presence/significant percentage of vulnerable populations (e.g., low income, people of color, elderly, and children)
16. Education level of population
17. Zoning; lack of home rule
18. Impact on any part of the environment – air, water, land
20. Infrastructure
21. Presence and use of railways
22. Lower fees for certain activities than other states (e.g., Ohio ahs lower tipping fees for Construction and Demolition landfills than other US states and Canada)
23. Geo-political boundaries (counties, states) should not determine assessment area as much as land, water and other natural formations
24. Economic level – an imbalance between ability of community to repair damage and the risk of damage
25. Including maternal-fetal/infant/child-focused health data (miscarriages, other birth/neonatal problems) (Idea: gather a “people’s” health database – post cancer cases and deaths on community bulletin boards)
26. Stream surveys, biological data that show loss of biodiversity, loss of species impacts on livestock/fish/etc.
27. Local govt./citizen petition
28. Presence of known toxics above permitted levels
28. Pre-existing conditions - legacy/history of generation(s) affected by toxics
29. Distance/radius from polluting industry (rather than analyzing county by county), radius varies w/industry, and how the pollution/toxics travel
30. Presence of habitual offenders
31. Upon new investment or land purchase by habitual offenders, an investigation of potential effects should ensue
32. Demographic triggers – low income, comm. of color, elderly, female head of household
33. Presence of vulnerable cultural groups, and their demographics (e.g. Appalachian, Native American)
34. Random but regular air, soil, water tests
35. Long-term vs. transient: in some cases, a long term, stable population is more at-risk, because they may lack options; in other cases, a transient population is easier to take advantage of, may not be as likely to organize
36. Lack of diversity of employment opportunities
1. Income
2. Demographics/concentration of minorities; special populations such as seniors, children, disabled persons
3. Public facilities – schools, senior facilities
4. Economic impacts
5. Health/medical statistics
6. Traffic and noise levels
7. Hazardous chemicals
8. Cumulative environmental impacts; environmental assessment
9. Expense to the community in public resources, risks, health costs, transportation
10. Location of rivers you can’t swim in
11. Where the money is in the community
12. Disposal of waste (factory farms)
13. Citizen studies
How should the voices from the impacted community be weighted? 4. The community should outweigh considerations of other entities
5. Public hearings – place for citizen voice; media and publicity as ways citizens can have a voice. Citizens’ voices need to be backed up by legislation that provides for their interests, otherwise voices can be ignored by corporations & government
6. Citizen advocate to give more weight to citizen point of view
7. When citizens give their voice through letters, form letters are less effective than personal, individualized letters, even handwritten
8. Volunteer expert – attorney or other – to assist us in gathering the right info to make our voices heard
9. Control group – demographic profiles and health data of other communities in the same area that have less exposure to pollution and toxics, to compare
10. Allow government to initiate litigation (criminal prosecution) through attorney general’s office
11. Also strengthen OEPA to enforce laws & policies, to issue consequences for violations
12. Locals should be able to say “no”
1. Timely information
2. Funding for an ombudsman
3. Funding for costs to hold meetings
4. Funding for outreach and organizing
5. Experts to assist with independent environmental testing
6. Transportation/facilities
7. Legal fees and consultation
8. Student groups to take on projects
9. Community relocation when every other option has been exhausted
10. Information about a company’s track record and number of previous environmental violations – the right to know, coupled with the right to decide
11. Need to coordinate and educate community
13. Access to good legal counsel that will spend the time on your case
14. Access to public records
15. We need money for community, legal defense fund
16. Public information – no more secrets
17. Memorandums of understanding
18. Community oversight
19. Independent reports and evaluations
20. Media attention
21. Video coverage/documenting 100% (community given documentary equipment)
22. Know beforehand w hat will happen to it
23. State-provided scientist, to read confusing documents, should be neutral, possibly from local university
24. Attorney(s)
25. Environmental advocate/environmental steward; needs to be paid/stipend position in each county to play a watchdog role. Can help Helps with, among other things, community access to monitoring equipment and documentation
26. Ability for affected community/individuals to have access to info quickly
27. Permits available to communities (if the business doesn’t provide – stiff fine/jail! Ability of regulating agencies to control purse strings in such instances)
28. More transparent process
29. More communication face-to face
30. Notification of, access to surveys (example: coal mines); clear information about who has mineral rights (education of the people; attorney to do research)
31. Access to information from meetings via internet/website
32. OEPA, other agencies, should be accountable, available 24/7; agency close by – needs to be near community, not too far away
33. More localized resources readily accessible.
34. Frequent public meetings at reasonable times that cover all issues
36. Requirement of EPA/agencies to explain documents
37. Percent of population must be available and attend public meetings, before permitting is possible; otherwise, or re-schedule meetings
38. Education
39. Federal government should be a resource for community (ex: rating of nuclear facilities)
40. Political representatives should be required to attend hearing
41. We need a voice to develop before going to state level; and we need a voice at the state level
42. Political reps should be required to attend meetings
43. Local officials need education
44. Popular vote (might lose battle)
45. Networking
46. Media attention – film meetings
47. Adopt a mountain
48. Outreach to citizens – public meetings at time of day most locals can attend
49. Events to educate/fundraise
50. Local community needs to be prepared with some sort of council, organization, or standing committee, EJ leader needed!
51. Responsible party should be forced to issue bonds to cover potential damages, if the community is too poor to absorb.
52. Water tests for baseline assessments; ability in future to determine effects of the facility
53. Need more participation from cooperating legislators and agencies
54. State Environmental Bill of Rights should be part of EJ policy
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