Tuesday, May 8, 2012

Stepp's Enforcement Rationale Sloppy, In This Instance

DNR Secretary Cathy Stepp challenged "the citizens of this great state" in a news release issued late Sunday night to come to their own conclusions about a Madison State Journal story she claimed had been unfairly critical of how her agency handled enforcement actions in a massive human waste pollution case that led to the issuance of five citations.

Let's do just that and examine this line from her release:
The paperwork was admittedly sloppy in this instance.
Let's begin with word "instance." What did the records show about this "instance," according to the newspaper's examination?
According to the staff memorandum requesting referral to the Justice Department, Herr Environmental’s records showed the company may have spread human waste on Jefferson County farm fields in 2009 at three times the levels allowed by its permit.

The fields on which the company spread excessive waste are adjacent to about 30 residences in a rural Jefferson County subdivision as well as five neighboring farms. About 40 drinking water wells are nearby, according to DNR documents.
That's some "instance."

Now to the "sloppy" paperwork:
Also, according to the investigation files and citations, the company provided more than 60 inaccurate records after [lead DNR investigator David] Bolha found inconsistencies in a 2010 inspection. Bolha reported he eventually was provided three sets of records by the company during his inquiry, each with different tallies of acreage and volumes of waste spread, each revised so the company appeared closer to compliance.
That's a lot of "inconsistencies," different sets of records, land and waste tallies "each revised so the company appeared closer to compliance."

How is that only "sloppy?"

According to the article, Stepp had declined more than one request for an interview, so former DNR Secretary George Meyer supplied the needed analysis of the "sloppy" paperwork:
George Meyer was secretary of the DNR from 1993 to 2001 and also headed enforcement at the agency for almost 15 years. Now executive director of the Wisconsin Wildlife Federation, Meyer... said he was particularly concerned about the allegations of inaccurate record-keeping.

“All of enforcement, probably 95 percent, is based on honest record-keeping by the permittee,” said Meyer. “That’s why it is considered such a serious violation because were it not for those reports, there would be no enforcement.”
Back to Stepp, who said in her news release following the story's publication, " I will let you, the citizens of this great state, come to your own conclusion."

OK: What was sloppy was the enforcement 'action,' and moreover, Stepp's effort to justify it.

In this instance.

Don't forget that it was Stepp who told the State Journal a few days ago in reference to the disclosure that her agency had cutback the number of enforcement actions:
"Don't judge us by our words, judge us by our actions," Stepp said.

1 comment:

  1. I'll render my judgement. Very few of these cases make it to DOJ. If enforcement staff referred this case it means that in the face of overwhelming evidence, the defendants didn't try to mitigate or change their practices. Laws were broken. Evidence exists to show that laws were broken. Political appointees intervened in the process to allow the defendants to get away with breaking the law.

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