Raymond Proffitt Foundation
Pollution Update: 31 January 1997
Joe Turner, editor
DEP Is Open for Business and Closed to Public Input
Organization of Watersheds and Rivers (POWR) tells an interesting story of a meeting they had with PA DEP (Defer to Every Polluter). In it, POWR representatives were partially successful in turning back a DEP policy change regarding dam permits. POWR is to be credited with accomplishing a rare feat—making DEP back pedal. But DEP still left the meeting with some gains for their polluter friends and this story deserves to be told in full.
DEP (and DER for that matter) used to require a new dam permit whenever dam ownership changed hands. Well, seems like the Pennsylvania-American Water Company was going to acquire some reservoirs in northeastern Pennsylvania from the Pennsylvania Gas and Water Company and didn’t want to get new dam permits.
What’s the big deal about a dam permit? Well, it is under the issuance of a new dam permit that the Pennsylvania Fish and Boat Commission would require a "conservation release." Many dams in Pennsylvania, because they are so old, are not required to release water downstream, turning these once productive streams into dead channels. The PA Fish and Boat Commission, under agreement with DEP would make recommendations for modest releases of water in order to restore aquatic life downstream. Streams that have to rely on leakage or overflows during high flows have impaired biology. A small amount of water from these dams would restore many miles of streams in Pennsylvania.
PA-American Water Company didn’t want to release water downstream. They wanted it all for themselves in order to make more money, and therefore, it was important to cut the PFBC out of the loop. No conservation release, more profits!
What does the average citizen do whenever faced with state law, regulations, or policy that they don’t like? That’s right, you call the Governor’s office and have them change it! PA- American called the Governor’s office, which gave the task of satisfying these understandably outraged citizens to DEP (a good choice because DEP invented the Roll Back Initiative, an effort to get rid of regulations that protect our environment).
To make a long story short, DEP said that requiring a new dam permit when ownership changed was POLICY, not regulation, and it could be changed to suit the water company. Just like that! Don’t we all wish we could get service like that from state government!? No public notice, no public comment, no fanfare. The pesky PFBC sent comments in, but they were ignored (keeping with the established DEP pattern about comments they don’t like).
Well, some POWR members in Somerset County found out about it. They were counting on releases from a dam there to help dilute acid mine drainage, restore fishing, and maybe even allow some whitewater rafting to occur. The dam they had in mind was being sold. When they found out about DEP’s policy "change," they were understandably upset! They asked for a meeting.
DEP met with POWR and said that the policy change would remain. Change of ownership doesn’t require a new permit. But they said they could open up ANY dam permit at ANY time and require changes to it. There’s always a catch. Someone has to demonstrate to DEP that no water in a stream is bad for it. That’s right. Before, DEP used to assume that no water in a stream was bad for it. Now, they will make changes in the dam permit, provided that someone demonstrates to DEP that there is a problem. Who has time to do that? Who should be doing DEP’s job? According to DEP, citizens and the PFBC should be doing DEP’s job. They are too busy rolling back regulations and being "open for business."
Rather than assuming that streams with no flow need help, the DEP wants to be shown that. The DEP folks in Harrisburg aren’t convinced that fish need water, in all cases. Well, I think we should help them out. All of you out there that know of streams downstream of dams should call up the local DEP office and tell them that the stream needs more water! If there is no conservation release on the permit, it needs one! Let’s open up ALL the dam permits!
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