Wednesday, September 7, 2011

Dave Gibson: Make DEC, APA Part of the Solution

It is heartening to know that Governor Cuomo has twice visited Keene Valley, and other Adirondack communities so hard hit by the hurricane. And to see that Rt. 73’s rebuilding in St. Hubert’s, and along its corridor to Lake Placid has become a high state priority. Clearly, the Governor is doing his utmost to release emergency aid for homes, businesses, roads, bridges and other critical needs.

I am puzzled, however, by the instinct in this Governor to order that environmental permits from agencies like the NYS Department of Environmental Conservation and Adirondack Park Agency be waived. Governor Cuomo announced August 30 that “government needs to do all it can to help devastated communities and homeowners get back on their feet,” but that doing so also means that government must “get out of the way and allow for quick rebuilding and restoration.”

It is as if those DEC or APA permits are fifty-foot high obstacles to getting reconstruction or restoration work done, and have absolutely nothing to do with the quality, effectiveness or durability of the work. It is as if DEC and APA field personnel want merely to push papers as obstacles to cleaning up and restoring the communities in which they and their families also live and work. It is as if government is there to only throw money, but not good, experienced minds, at emergency situations. It is as if the quickest action in an emergency is assumed to be the best action.

I disagree with those premises. I don’t think recent history in the Gulf of Mexico oil spill would suggest that the quickest action in an emergency is always the best action. Both DEC and APA staff, for instance, have demonstrated an ability in the past to issue permits from the field, and rapidly in emergency circumstances while influencing decisions which, from an environmental, engineering, economic and other perspectives may save time, money, labor and environmental quality in the short and longer-term. For example, emergency work done in a stream or river bed, or along its banks can be done in ways which appear to help the situation in the short-term, but which actually make matters far worse downstream in the mid or longer-term. Both DEC and APA, as well as the Ausable River and Boquet River Associations and others, are trained and knowledgeable in how rivers work in general and particular (fluvial dynamics), enough to offer practical as well as prudent permit advice which addresses both the immediate and longer-term problem. Where and how to reconstruct may not be as much about butting heads as it is about adding heads from varying disciplines to reach better decisions. APA and DEC staff should be part of that mix.

Of course, Governor Cuomo and his aides might have thought that there are so few DEC and APA regional permitting staff that it would be near impossible to get field involvement or permit decisions made in a timely fashion to address the emergencies across DEC Region 5. If so, I think that sells his own state personnel short. The efficient teamwork at DEC Region 5 and at the APA has been tested often by storms of all kinds in this and past decades, and performed remarkably well – and there has never been a decade I have seen where DEC or APA had enough staff – and there never will be one.

Furthermore, local governments and agencies attempting to reconstruct want clarity about what is required or expected, as much as any regulated business wants to know what is expected of them. The Governor’s announcement of the waiver of permits may have the unintended consequence of injecting confusion into an already confused situation. It cautions that reconstruction, restoration and other work should be sensitive not to unnecessarily harm or damage natural resources. For instance, would a town supervisor or engineer find clarity or confusion in the following words contained in the Governor’s press release:

“Permitting for construction and repair projects in these areas is suspended. When possible, work should be undertaken in consultation with the DEC to ensure that the project will be carried out in a manner that will cause the least adverse impact to natural resources. To consult on environmental impacts in the wake of Hurricane Irene, individuals and businesses may contact the Regional Environmental Permits Office.”

Local government might be forgiven if it misinterpreted these words as “DEC will get out of the way, but rest assured, I had better call them, they sure as heck won’t be calling me, but their eyes will be burning into the back of my head.”

Wouldn’t it better to have the clarity and certainty of regulators working in the field with the authority to both consult on difficult restoration and reconstruction work and to issue field permits for reasonably well thought-out solutions that take environmental conditions into account?

The Governor’s statement releasing communities in this emergency from the burdens of government regulation perversely also contains the following regulatory language:
“In an effort to keep overall cleanup costs to a minimum and to reduce the overall impacts from the disaster debris it is important that those conducting the cleanup be mindful to separate out those waste materials which are benign or exempt from regulation, such as tree branches and limbs, from other more environmentally concerning debris during the cleanups.
Care should be taken to set aside such materials as household hazardous waste, gasoline containers and propane canisters and other regulated solid wastes that would require special handling.”

In general, I think that waiving environmental permit requirements in an emergency like this in the Adirondack Park, with all the cautions and caveats thrown in, is

• unnecessary to getting good work done reasonably quickly

• insulting to knowledgeable, experienced DEC and APA regional permitting staff

• confusing

• conducive to making quick decisions that may have negative consequences

• inimical to a place as important as the Adirondack Park

I hasten to add that I am ready to be proved wrong or ill informed, and that DEC and APA staff are actually in the field helping their local counterparts where help is needed or requested, with or without permits in hand. I also hasten to add that the Governor’s press release also may have contained helpful information that “DEC is also providing general assistance and guidance to help local communities address damaged facilities, debris disposal and solid waste. DEC has developed guidance for storm-related waste from damaged areas. Responsible parties should contact the DEC regional office for specific project applications.”

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David Gibson

Dave Gibson, who writes about issues of wilderness, wild lands, public policy, and more, has been involved in Adirondack conservation for over 30 years as executive director of the Association for the Protection of the Adirondacks, executive director of Protect the Adirondacks and currently as managing partner with Adirondack Wild: Friends of the Forest Preserve

During Dave's tenure at the Association, the organization completed the Center for the Forest Preserve including the Adirondack Research Library at Paul Schaefer’s home. The library has the finest Adirondack collection outside the Blue Line, specializing in Adirondack conservation and recreation history.

Currently, Dave is managing partner in the nonprofit organization launched in 2010, Adirondack Wild: Friends of the Forest Preserve.




17 Responses

  1. Will Doolittle says:
  2. Dave/Towns and Trails says:
  3. Will Doolittle says:

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