Donald Bryan, a resident of Ben Avon who must breathe the tainted air from nearby Neville Island, last week testified at a public hearing in support of a "bad actor policy" that would deny companies with poor pollution records a new permit for a new or expanded plant. The Allegheny County Health Department board should not forget his words.

Not everybody may think, as Mr. Bryan does, that pollution is linked to his wife's getting cancer, but many county residents surely do think that the worst violators -- the so-called "bad actors" -- should not be allowed to get new permits to continue their polluting ways. That's why both Republicans and Democrats on County Council have stood as one on this issue.

The bad-actor policy was spelled out in an ordinance passed unanimously by County Council in August. This was the council's second attempt to influence the county Health Department board. Earlier in the year, it passed a sense-of-the-council resolution supporting the measure, which was then rejected by the health board amid concern that the policy might be not be flexible enough to allow discretion in individual cases.

At the heart of the disagreement was a jurisdictional dispute. The county Health Department, despite its name, is fairly autonomous, operating under the mandate of state law and receiving most of its funding from sources other than the county. Subsequently, to the credit of all, jealousy over prerogatives was put aside and a commitment was made to explore ways to reach an understanding. Wednesday's public hearing was one result.

To be sure, other voices were heard there. Some speakers expressed a fear of job losses -- although, in fact, the ordinance under review by the department is targeted at the most egregious cases. According to a health department spokesman, only two companies issued permits since 2002 might have been denied them, and one of those might have qualified anyway because its new equipment installation permit would have reduced emissions.

It seems that the general principle -- that polluters with bad records should not keep expanding or start new operations -- is not in dispute. The only issue is how to define what constitutes a "bad actor." In our view, the ordinance does the job. In the spirit of the metaphor, it requires a review of what role the actor has played in the past and dictates any future part accordingly.

The health department board will accept public comments on the issue until Oct. 14, but none may be able to speak better to the issue than a person like Mr. Bryan who must live with the problem. At its next meeting on Nov. 5, the board should put the bad actors on notice. If the unanimity of County Council is a guide, that is what most of the audience wants.