The two major S.C. agencies that oversee natural resources
sometimes don’t see eye to eye. But their new leaders want them to
work more closely.
To encourage that, the new chairmen of the agencies’
policy-setting boards have set up a get-to-know-each-other barbecue
Wednesday night at the Millaree Hunt Club in Richland County.
The event is being billed as a social affair for the S.C.
Department of Natural Resources and Department of Health and
Environmental Control boards and key staff members. No official
business is scheduled. But the connections made could have an impact
on the state.
Some environmental advocates aren’t sure they want the agencies —
which traditionally check and balance each other — to get too
cozy.
Mike McShane, new chairman of the DNR board, hopes the social
event breeds more cooperation. He hatched the idea of an informal
get-together.
“We’ve got these two agencies, one with a science base and one
with a regulatory base,” McShane said. “Doesn’t it make sense that
these two agencies should be working together?
“We want to project that sense of cooperation from the top
down.”
When McShane noticed the DNR and DHEC boards both were meeting
Dec. 11 in Columbia, he suggested the barbecue to new DHEC board
chair Elizabeth Hagood.
Like McShane, Hagood is a recent appointee of Gov. Mark Sanford
from the Charleston area. She and McShane also are friends and share
a passion for efficiency. Hagood thought the barbecue was a great
idea.
“It’s a natural synergy because we’re both protecting the
resources of this state,” Hagood said. “Our goals go hand in
glove.”
‘WE’RE STARTING FRESH’
The DHEC-DNR meeting is unusual if not unprecedented, some
staffers say. It comes at a time when Sanford is pushing government
restructuring. An advisory panel to Sanford has recommended the
creation of an environmental secretary. That person would report to
Sanford and oversee both agencies, according to the proposal.
Some environmentalists are leery of the idea of merged
management, saying it could hurt the system of checks and balances
between DHEC and DNR.
But Sanford is considering the recommendation, spokesman Will
Folks said, adding this week’s joint DNR-DHEC meeting “absolutely is
a good thing.’’
In the past, the two agencies occasionally have feuded. DHEC has
fined DNR, for instance, and DNR has sued DHEC.
McShane and Hagood said they know little about past clashes, and
they don’t really care about them. “It’s kind of nice not to know
the history,” Hagood said. “We’re starting fresh.”
In some cases, the agencies work together well.
During the 1998-2002 drought, for instance, their staffs worked
together to convince North Carolina dam operators to keep water
flowing in the Pee Dee River system.
But, sometimes, the agencies run afoul of each other.
For much of the 1990s, for example, DNR lawyers battled DHEC over
the regulatory agency’s decision to let a hazardous waste landfill
operator avoid putting up cash to pay for potential pollution
cleanup at its landfill.
DNR took the unusual step of joining a lawsuit against DHEC over
the decision not to require a cash trust fund for the
Laidlaw/Safety-Kleen landfill, near Lake Marion.
In 2000, the S.C. Court of Appeals and the S.C. Supreme Court
sided with the DNR in its push to require a cash trust fund,
intended to total more than $100 million for a possible cleanup. But
soon thereafter, Safety-Kleen declared bankruptcy without
establishing the trust fund.
Jim Quinn, a DNR lawyer who handled the case, said tensions
between the agencies were high, although he did not think the
Safety-Kleen dispute became personal.
A more recent dispute between the agencies occurred in 2001, when
DHEC fined DNR $2,800 for clearing a mountain hillside without state
permits. The clearing resulted in “moderate to severe erosion” in
the Jocassee Gorges mountain preserve, DHEC said. DNR officials
claimed they didn’t need permits and the erosion didn’t pollute
trout streams.
‘LOCK STEP IS NOT ALWAYS GOOD’
Quinn said the role of each agency means they will disagree
sometimes.
By law, DHEC approves or denies permits to discharge pollution
into rivers and creeks; certifies federal decisions to fill
wetlands; and decides permits to send pollutants into the air. It
also permits hazardous and solid waste landfills.
DNR’s mission is to protect fish and wildlife, and look out for
the state’s natural resources. It is routine for DNR staff members
to analyze proposals to issue environmental permits that are before
DHEC. Sometimes, DNR will advise against permits that DHEC
ultimately approves.
Environmental lawyer Jimmy Chandler, who has represented the
Sierra Club and the S.C. Coastal Conservation League, said he sees
no problem with the joint board meeting. But he’s not in favor of
the two agencies becoming so close that they agree on
everything.
“Walking in lock step is not always good for the overall good of
the public,” Chandler said. “Independence is a very good thing.”
Dell Isham, director of the S.C. chapter of the Sierra Club,
agreed the agencies’ different viewpoints can provide a
check-and-balance system. He doesn’t want that to change. But he
also wants the agencies to get along.
“I think it’s very important that they work together,” Isham
said. “Over the years, (the agencies’ cooperation) has improved.
They communicate better than they have in the past.”
Isham was concerned about the circumstances of Wednesday’s
meeting, which isn’t open to the public. Media lawyers say any
gathering of a quorum of a public body should be treated like a
public meeting. But DNR’s legal staff said those guidelines don’t
apply to a social gathering where no public business will be
conducted.
“Those two groups are not supposed to be social clubs, they’re
supposed to be regulatory boards,” said John Crangle of Common
Cause.
McShane said several media representatives were invited to the
meeting. He also said the event won’t cost the state anything.
Former DNR board member Marion Burnside offered the use of the hunt
club property. McShane is picking up the cost of the food. DNR and
DHEC employees volunteered to cook.
Reach Holleman at (803) 771-8366 or jholleman@thestate.com or
Fretwell at (803) 771-8537 or sfretwell@thestate.com.