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Monthly DEP Water Meetings Closed to Public

Posted on: Saturday, 2 July 2005, 00:00 CDT

kward@wvgazette.com

For years, West Virginia Environmental Quality Board members hosted monthly public meetings to discuss West Virginia's water pollution limits.

Starting today, monthly meetings about the state's water quality standards will instead be held by the state Department of Environmental Protection.

But the DEP meetings will be private. Industry lobbyists, environmental advocates and citizens will not be invited.

Lisa McClung, director of the DEP's Division of Water and Waste Management, announced the meetings Thursday in her first public explanation of how her agency will write state water pollution rules.

Under legislation passed earlier this year, the DEP today takes over the rulemaking duty from the EQB.

McClung told the board that she has renamed her division's policy and planning group the "Water Quality Standards Program."

"This will serve as the focal point for standards development issues," McClung said.

With money that previously funded the EQB's technical adviser's job, McClung said she would hire a full-time employee to run the program. That person would be covered by state civil service rules, she said.

McClung also said she has asked two longtime DEP water division staffers to oversee monthly meetings of an "internal technical group" that will work on water quality standards.

In a later interview, she said those meetings would be for DEP employees only.

McClung noted that the legislation passed earlier this year "says that meetings held internally are not subject to the open meetings act."

Under the bill (SB287), the DEP is generally required to hold all meetings with outside parties about water quality standards in the public.

But, the final bill allows the DEP to meet privately to discuss rulemaking issues with other government agencies, DEP contractors and with industry officials seeking site-specific variances from pollution limits.

Gov. Joe Manchin has said that he does not want the DEP to take advantage of those provisions.

"That's not our intention," the governor said in April. "We intend to have a full and open type of government here."

On Thursday, McClung told the board that DEP lawyers have reviewed the state Open Governmental Proceedings Act and federal Clean Water Act requirements for public involvement.

"We want the public to be kept apprised of water quality standards issues, and we will do so in accordance with the law," McClung told board members.

McClung said any changes to water quality standards would be subject to a public comment period and public hearing.

She also said the DEP would consider hosting periodic meetings that would allow for more public involvement. No concrete decisions or plans on that have been made, she said.

"We may have something," she said. "We have not discussed that specifically. Our intention is to allow as much public involvement as possible."

Last week, DEP lawyer Karen Watson refused to answer any questions about exactly what public involvement rules the agency is required to follow when writing water quality standards.

"You're wanting to know the internal workings, and that's up to us to decide," Watson said. "I'm not going to go into how we are going to get the job done. That's up to us."

To contact staff writer Ken Ward Jr., use e-mail or call 348- 1702.

Source: Charleston Gazette, The

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