Did you ever get a speeding ticket? If so, wouldn’t you like to be able to “self monitor” your own driving? It won’t work for you, but it appears to for some. FACES members have been busy doing some research and we would like to share the first of our findings with you. If you think regulatory agencies are constantly watching, monitoring, and doing tests, read on and you may be surprised.
Boxley states on their website “our industry is among the most heavily regulated for environmental functions by federal, state, and local governments”. (1) Let’s examine this a little closer, shall we. First off as for local government, absolutely not.
“The board has repeatedly told residents it does not have the authority to regulate mining and fix residents’ complaints about blast damage to their homes and other problems from the Boxley Materials Co. quarry there. ” (2)
Local regulation? Even though the residents showed the county officials the county was incorrect as stated in the article quoted, of course nothing was done.
Now let’s look at state regulation. We will start with DEQ (Department of Environmental Quality). Let’s look at water “regulation” by the state. We asked some questions of DEQ, the responses follow (with emphasis added by us).
Question: Are water tests and samples at the Fieldale Boxley quarry being done by DEQ, an independent third party, or are they being provided by the company or anyone in the company’s employ?
DEQ response: Monitoring required by the permit is responsibility of the permittee. Some analysis is conducted by facility staff and some by a third party commercial laboratory. Data from monitoring is periodically submitted to DEQ as part of permit required reporting.
Question: Who hires the commercial laboratory? Are unannounced random samples ever taken by a third party completely independent of the business?
DEQ response: Commercial laboratories performing testing pursuant to a VPDES permit are hired by the permittee. This is generally done when the testing required exceeds the expertise available on-site, or the expense of such testing makes it impractical for the permittee to conduct themselves. Virginia commercial laboratories conducting analytical work for VPDES reporting are reviewed under our inspection program.
Question: Are unannounced random samples ever taken by a third party completely independent of the business?
DEQ response: If by “third party completely independent of the business”, you mean a third party other than the facility or DEQ, there are currently no provisions for independent third party assessment.
With regard to water withdrawal:
Question: Does DEQ or an independent 3rd party do any actual testing and monitoring? Or is it correct to assume that the quarry is allowed to submit their own withdrawal figures and submit their own testing?
DEQ response: Each user is responsible for annually reporting the user’s name, address, sources and locations of withdrawal, cumulative volume of water withdrawn each month of the calendar year, maximum day withdrawal and the month in which it occurred, and method of withdrawal measurement. In addition, they are responsible for ensuring the reliability of the gauging device or methodology used to determine withdrawals, as well as maintaining records of all withdrawals and gauge calibrations for a period of three years.
The Department of Environmental Quality (DEQ) Virginia Pollutant Discharge Elimination System (VPDES) permit program relies primarily on the concept of permittee self-monitoring and reporting for compliance determinations. To insure that facilities are operated and maintained properly, and that self-monitoring information is representative and accurate, the DEQ conducts facility inspections as the principal form of regulatory surveillance. The DEQ utilizes a risk based protocol to identify facilities in need of increased or decreased inspection scrutiny and to use State resources most effectively.
You read that right: “permittee self-monitoring and reporting for compliance determinations”. Did you know that? In other news the fox has self-reported that he is doing a wonderful job at the hen house and all the chickens are doing great.
Source links:
(1) http://www.boxley.com/community/environment.html
(2) http://www.martinsvillebulletin.com/article.cfm?ID=1297&back=archives
