| Published Monday, August 20, 
            2001 
 EASLEY RAISED ISSUE IN CAMPAIGN 
            Budget crisis diverts attention from efforts on 
            environmentProgress on regulatingpolluters and 
            enforcingfines is being held up
            
            By EMERY P. DALEISO 
            Associated Press 
            RALEIGH -- 
            The Easley administration 
            has been so busy coping with the state's worst budget bind in a 
            decade that an early promise to improve compliance with 
            environmental laws has yet to get off the ground. Gov. Mike Easley, who made better 
            enforcement of environmental laws an issue during his campaign last 
            year, repeated his interest in putting teeth into anti-pollution 
            enforcement during in his first State of the State speech in 
            February.
             "We're exploring ways to make enforcement work more effectively 
            and efficiently," Easley spokesman Fred Hartman said last week. "I 
            think that the governor thinks it's important to get a clear 
            understanding of where we are and that the enforcement of those 
            environmental fines have some real teeth."
             But environmentalists within and outside the state Department of 
            Environment and Natural Resources say progress has been held up as 
            the new administration works with the legislature to balance the 
            state's books.
             The first in what is expected to be an annual report on the 
            department's enforcement activities is expected to be released this 
            week.
             For years, regulators in business-friendly North Carolina tried 
            to get polluters to comply with environmental laws any way they 
            could, even if it meant allowing polluters to get away with more 
            than their permits allowed.
             Regulators say the objective is compliance, not racking up fines. 
            Polluters who knew they were fouling the air, water or land are 
            treated more strictly than those who didn't. Violators who report 
            failings themselves receive lighter treatment.
             For example, two Hickory Chair Co. plants reported problems, 
            mostly involving record-keeping problems by the previous owners, 
            late last year. In June, state regulators assessed fines of $37,520 
            and $26,320 against the wood manufacturing and finishing plants - 
            penalties that, respectively, represented 2percent and 1.6percent of 
            the maximum allowed by law.
             Last year, DENR collected less than a third of the $6.1million in 
            fines it assessed in 2,010 cases, although more money may come in 
            this year.
             Negotiations that come after an accused polluter is fined often 
            result in state officials easing fines. Often the penalty is 
            appealed and the accused violator tries to prove it didn't violate 
            the law or that the proposed fine is too severe for the damage 
            caused. The right to appeal isn't going to disappear no matter what 
            the Easley administration recommends.
             "Most companies want to be treated fairly and want to come away 
            at the end of the day feeling like they've been treated fairly," 
            said Preston Howard, who headed the state Division of Water Quality 
            until March 1999 and is president of the Manufacturers and Chemical 
            Industry Council, which represents N.C. chemical, pharmaceutical and 
            paper makers.
             One recommendation that could improve compliance with 
            environmental laws is streamlining enforcement, now divided among 
            eight divisions responsible for regulating different types of 
            pollution threats. Divisions responsible for protecting against 
            pollution involving the air, water, radiation and hazardous waste 
            have different regimes for finding violators. 
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