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

["Boss, Randy R NWD02" <Randy.R.Boss@usace.army.mil>]

LEED or sustainability standards will essentially be done in a three part
program check (design, construction, after construction), with one check for
value of points and the rating occurring 10-12 months after the project is
occupied. Perhaps a similar approach should be taken for some of these
projects which checks being made before, during, and after a project is
completed to see that the original cleanup attempt held true or was
compromised. 

-----Original Message-----
From: brownfields-bounces@lists.cpeo.org
[mailto:brownfields-bounces@lists.cpeo.org] On Behalf Of Bruce-Sean Reshen
Sent: Tuesday, April 28, 2009 11:40 AM
To: 'Schnapf, Lawrence'; 'Walsh, William'; lsiegel@cpeo.org; Larry Schnapf
Cc: 'Brownfields Internet Forum'
Subject: Re: [CPEO-BIF] When. where, and how? - continuing the debate

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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