FOR IMMEDIATE RELEASE
June 9, 2014
SB 198: SACRIFICING OPEN GOVERNMENT FOR EFFICIENCY
The Progressive Democrats for Delaware (PDD) have consistently stood for open government and transparency since our founding in 2004. And we oppose any effort to move governing behind closed doors or any efforts to burden the public's right to know. To that end, the PDD opposes Senate Bill 198, for it removes the requirement for a public hearing prior to the Secretary for the Department of Natural Resources and Environmental Control (DNREC) issuing orders in environmental clean up situations. Presently, when DNREC has prepared a Remedial Action Plan for the cleanup of a polluted site, it is required to give public notice and then schedule a hearing for public comment. This legislation would remove that public notice and public comment requirement, allowing the Secretary for DNREC to issue an Order approving a Remedial Action Plan without any prior public notice or comment. Supporters of the change say that the public still has the right to request a public hearing after the fact. That is wholly insufficient. First, it places the burden on the public to request information and hearings that the people should be entitled as a matter of course. Second, unless the public is actively following developments concerning a particular property, we are not going to be aware that a final Remedial Action Plan has been approved by DNREC or ordered by the Secretary. It does the public little good to request a public hearing on a clean up plan that is already being performed.
The PDD understands DNREC's desire for efficiency and the elimination of obstacles to action, but sacrificing the public's right to know for more efficiency is not the way. PDD calls on all state representatives to either amend Senate Bill 198 to restore the prior public hearing requirement, or to vote no on the bill.
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