6-9-2001
Getting off a regulator’s radar screen
By Elizabeth McCloskey
   Who wouldn’t want to get off a regulator’s radar screen? They call you, they stop by, and they have all these questions! Some days it’s hard enough to make sure your socks match, much less sift through paperwork when a regulator comes knocking at your door. And what if they find a problem or they are stopping by because their agency received a complaint about your business? You might end up under an enforcement action with tickets and fines. How can you avoid these situations? Read on.

There are ways to make sure your business is in the clear with regulators. One way is to call the Health District’s Business Pollution Prevention (BP2) Program for technical assistance. The idea behind the BP2 Program is to protect public and environmental health by helping businesses gain compliance with environmental regulations through technical assistance. You might say it’s another way to get the job done — as opposed to writing tickets.

The radar screen really lights up when the Health District or another agency gets complaint calls from a business’ neighbors or disgruntled employees about the way “Your Company” handles its hazardous waste or industrial wastewater. Enforcement inspectors might hear that your business pours toxic waste down the storm drain or into the septic system. When the Health District gets calls like this they have an obligation to send an enforcement inspector and, if necessary, start writing tickets. Trust me, you would rather have a visit from a technical assistance specialist in the BP2 Program.

Technical assistance means you get help understanding and meeting hazardous waste regulations without having to worry about tickets or fines. Technical assistance specialists are non-enforcement and they don’t write tickets. Everything remains confidential and it is up to you to follow through on the recommendations the technical assistance specialist makes for your business. If the idea of inviting a government agency to your business still makes you uneasy, you can call us for help over the phone and remain anonymous. Call (360) 692-3611 and ask for a technical assistance specialist to help you with your hazardous waste or industrial wastewater questions.

There are other agencies that also offer technical assistance to help businesses meet regulations without enforcement. The Department of Labor and Industries has “consultation visits,” the Fire Departments and Districts will gladly walk through your business to help you properly store flammable materials; Kitsap County Public Works has solid waste and recycling specialists to help you keep things out of your dumpster and the landfill; the Washington State Department of Ecology has hazardous waste technical assistance; the Environmental Protection Agency’s Green Lights program assists businesses with energy efficiency; and if you’re in construction, the Kitsap Home Builders Association provides assistance in eco-building through the Build a Better Kitsap Program. That’s a lot of technical assistance and a lot of ways to stay off a regulator’s radar screen.

Need more convincing? Let me tell you about some local businesses that became part of a multi-county pilot project designed to keep regulators from knocking on their doors. Not that that’s why these auto body repair shops said, “Sign me up!” There were other benefits as well. Here are the facts.

The Puget Sound Clean Air Agency (PSCAA) wanted to discontinue routine regulation of auto body shops (you read that right) that were already in compliance with air quality regulations. That way enforcement personnel could spend more time with the businesses that “really needed them” (where’s that radar detector?). PSCAA did some research and found that the EnviroStars-certified auto body shops in King County were already meeting all PSCAA’s air quality regulations. (EnviroStars certifies businesses for their efforts to prevent pollution and reduce or properly manage hazardous waste. It is a non-enforcement program provided by local agencies and partnership organizations in five Washington counties: Kitsap, Pierce, Snohomish, King, and Whatcom. EnviroStars in Kitsap County is a service of the Bremerton-Kitsap County Health District.)

PSCAA decided to team up with EnviroStars, the Auto body Craftsman Association, and the Automotive Service Association to create an auto body pilot project. During the pilot project, shops that become EnviroStars certified at the 4- or 5-star level (on a 2- to 5-star scale) receive an annual $200 rebate on their $250 PSCAA spray-booth permit fee. This is in addition to the publicity EnviroStars provides. Shops that become EnviroStars certified at any star level drop off PSCAA’s radar screen (as long as they remain certified — which requires annual renewal visits from EnviroStars staff).

Three auto body repair shops in Kitsap County have completed the certification process by meeting (or exceeding) the combined hazardous waste and air quality requirements: Auto Body Experts in Poulsbo, North Kitsap Auto Rebuild in Poulsbo, and Modern Collision Rebuild on Bainbridge Island. Many others are currently in the certification process and are looking forward to meeting their goals and reaping the benefits.

One of the most interesting aspects of the auto body pilot project is that the government agencies partnered with the auto body industry and a non-profit organization to get the job done in a progressive and innovative way. Yes, there were lots of meetings but this time the businesses and the agencies sat down at the same table (literally!). We were receptive to each other’s needs and ideas. We designed the project together to make it more reflective of real-world issues facing businesses and thus more valuable to project participants. Some businesses also really like that $200 annual rebate. Some say they especially like getting off a regulator’s “list” (i.e., the radar screen).

Other industries have asked to be next. Already the Puget Sound Clean Air Agency has partnered with EnviroStars and local dry cleaning associations to offer a pilot project to dry cleaners. When we sat down with the dry cleaning associations, industry representatives emphasized how much they appreciated the opportunity to be involved in the planning stage, to educate government agencies, and to provide feedback on how they thought issues were being addressed. They were also pleased to see different agencies sitting down at the table not just with industry, but with each other to increase understanding, leverage resources, and minimize duplication. To date, nearly all of Kitsap County’s dry cleaners are working towards combined hazardous waste/air quality EnviroStars certification.

Another interesting thing (I think) is that working with the Health District’s BP2 Program has been about more than educating businesses. Let me tell you, I have learned so much working with businesses through the BP2 Program, especially the amazing leaders in EnviroStars. I’ve learned how the BP2 Program fits into creating a positive work environment where employees choose to stay. I’ve seen how hard these people and their employees work. I’ve recognized how much some businesses care about their community and its natural environment. I’ve realized that some of the most effective businesses make the time to get involved in their industry and it’s future.

The business leaders I have had the pleasure to work with have gone beyond scrambling to do what is required to stay off the radar screen and avoid penalties. They are champions of the strong sustainable economy and quality of life we strive for in Kitsap County.

Sure, they want to avoid complaint calls and penalties, but they have other motivations, too. Occasionally a business tells me they just want the publicity that comes with being an EnviroStar. And, hey, that’s OK with me because they can’t earn certification and publicity without doing a very good job at pollution prevention. Some businesses want to make sure they are keeping up with their competitors or they want ideas on cutting waste disposal costs. Many businesses tell me they remember when they used to be able to safely harvest and eat shellfish off a favorite local beach and they want to get that back – not just through clean up, but through pollution prevention. Frequently businesses tell me they think they are doing everything possible to stay in compliance and protect the environment, but they want to make sure they’re not missing anything.

So go ahead. Join some very savvy businesses. Improve your business, your local environment, your employee morale, and your bottom line. Get in the technical assistance loop and get off a regulator’s radar screen!

(Editor’s Note: Elizabeth McCloskey is a Pollution Prevention Specialist with the Bremerton-Kitsap County Health District’s Business Pollution Prevention (BP2) Program. She provides non-enforcement related technical assistance to businesses on hazardous and industrial waste issues and also coordinates the EnviroStars program. She can be reached at 360-692-3611 or mccloe@health.co.kitsap.wa.us.).