Re: [CPEO-BIF] When. where, and how? - continuing the debate

["Bruce-Sean Reshen" <reshen@mindspring.com>]

Larry,

Your email has finally shifted the debate.  We are no longer debating
voluntary programs vs. what Lenny refers to as compliance-based
regulatory programs.  

The issue is whether or not our society is willing to understand and
fund regulatory oversight, no matter what we call the program.  Without
such funding for oversight, the unscrupulous among us will evade their
responsibilities.  Most compliance-based programs incorporate such
oversight, but are chronically under funded and unable to effectuate
their mission.  Most voluntary programs need stronger oversight mandates
as well as increased funding.  

Note the NJ DEP program that on paper is excellent.  However, a
self-study showed that a huge number of participants simply never filed
or inadequately filed the required forms and no one noticed.  We are not
talking bad regulators, we are simply observing the impact of inadequate
funding.

No program can be effective without proper funding.  This is actually
the major issue before us.

Bruce

Bruce-Sean Reshen
p. 203-259-1850
c. 917-757-5925
 
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-----Original Message-----
From: Schnapf, Lawrence [mailto:Lawrence.Schnapf@srz.com] 
Sent: Tuesday, April 28, 2009 11:41 AM
To: Walsh, William; lsiegel@cpeo.org; Bruce-Sean Reshen
Cc: Brownfields Internet Forum
Subject: RE: [CPEO-BIF] When. where, and how? - continuing the debate

The key statement in William Walsh's email is the following: 

"I believe that voluntary clean up programs if properly overseen will
result in more expeditious cleanup, less costly clean up, without the
cleanup being inadequate (or secret)"

I agree with that statement. The critical question to me is how best can
we accomplish or incentivize that outcome. We have seen that the market
cannot discipline itself and will unleash the "animal spirits" if not
properly regulated. Without proper controls, there's just the law of the
jungle because there is greed. Greed has to be tempered by fear and
regulation. I think we need to move back towards more oversight. That
does not mean telling developers how many holes to dig or where to dig
them but to make sure that sites are properly characterized and
remediated. 

Larry  



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