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Panels iron out pollution differences
'Bad actor' policy curbs dirty firms
Thursday, September 04, 2003

Scene stealing and bickering over top billing is still a possibility, but the Allegheny County Board of Health has agreed to meet with County Council about implementing a so-called "bad actor" policy that would prevent companies from obtaining a new permit for plant expansion if they are violating their present air pollution permit.

At a meeting yesterday that was all Hollywood hugs and two-cheek kisses, the health board accepted an invitation to meet with County Council on Sept. 23 and to hold a public hearing Oct. 1 on the "bad actor" policy and another county resolution to limit diesel school bus idling outside schools.

"We're not in opposition. We're going to get together with council and hammer out something that is good for everyone," said board Chairman Dr. Roy Titchworth. In May, the board rejected such a policy as being too rigid.

County Councilman Dave Fawcett told the board that the legislation passed by council targets only companies seeking to expand or start new operations in the county and is "doable, feasible and something everyone can live with."

"We've had a number of bills and legislation where we're taking action and want to make sure we're coordinating with the board," Fawcett said. "We're a new government, passing new laws and there are still questions about the authority of the board and council. Our goal is to work through those."

A previously rehearsed subplot that had the Health Department suing the county for usurping the department's powers was all but cut from the script.

"We've said suing is something the board would consider as a last resort, but the tone today was conciliatory," said Guillermo Cole, Health Department spokesman. "It looks like we'll get together. They want to talk, not fight, so a lawsuit is not likely at this time."

Cole did say that the Health Department will not enforce the bad actor legislation until the two groups have had a chance to work out their differences.

In a trailer of coming attractions, the board heard a report by member Paul King that made 17 recommendations to improve the performance of the county's Air Quality Program, criticized in June by the U.S. Environmental Protection Agency for failing to detect and report air quality violations.

King's 11-member ad hoc committee recommended employee performance reviews, separation of the compliance program from the permitting program, hiring an attorney to handle cases involving pollution violations and contracting out or adding temporary staff to reduce the 2-year-old permit review backlog.

"There's opportunity for improvement like in any organization, but there's still a lot they do that's right," King said. "The biggest problem is they're underpaid and overworked and need to get help."

County Health Director Dr. Bruce Dixon reported that the county's rabies eradication program distributed 122,000 fishmeal baits in August and would be dropping additional baits from low-flying aircraft into remote areas of the county beginning Sept. 15.

Cole said the program appears to be successful, with incidents of animal rabies down 50 percent this year, to 13 reported cases through August compared to 26 cases for the same eight month period last year.

First published on September 4, 2003 at 12:00 am
Don Hopey can be reached at dhopey@post-gazette.com or 412-263-1983.