(This article appeared in June 1997 in "InDepth," the newsletter of the Division of Environmental Protection)

An informal conference is anything but informal. An informal conference is the Office of Mining and Reclamation's equivalent of a public hearing.

Many of us are familiar with the public hearing process and its draw-backs.

The primary problem with public hearings is they occur too late in the process. By the time a decision has been made to hold a public hearing, the DEP already has ownership of the draft permit or decision. Generally, permit writers come to a public hearing ready to defend a draft permit, not to hear how it should be changed.

The harsh reality is public hearings give the public an opportunity to vent their frustrations, but usually nothing more.

This complaint is not new. Permit writers know it, the public knows it, and industry knows it.

An informal conference is regularly heralded as a model for how the public should be involved in the process. Held after the public notice, an informal conference includes agency personnel, company representatives and individuals who filed comments during tbe public comment process.

The meeting is organized by the DEP and held in the area where the proposed permitting action is to occur. The Office of Mining and Reclamation (OMR) has prepared a written procedure on how informal conferences are to be conducted.

A request for an informal conference must be made during the 30-day advertisement period. The conference must occur within three weeks after the comment period closes. Notice is mailed to the company and those who commented. A notice also is advertised in the local paper at least 14 days prior to the informal conference.

During the conference, a sign-up sheet is available for everyone in attendance, specifying those requesting to speak. Only those individuals who have shown, or can demonstrate, an interest that may be adversely affected if the permit is granted and a company representative are allowed to speak.

The Office of Mining and Reclamation staff participation is restricted to keeping order during the conference.

Generally, the company gets to speak last. OMR staff request this so that the company is given the opportunity to respond to concerns or questions. The problem is when the company refuses to respond to questions.

I recently attended an informal conference at which the company representative read from a prepared statement that the company wished to be good neighbors and work openly with the community.

However, when the company representative was asked a question, an answer was not forthcoming during the meeting. DEP staff responded by saying they would request the company to prepare a written response to all of the concerns and questions.

Like about a missed opportunity to have an open discussion!

I have no doubt that if the company representative had taken the time to discuss the questions during the meeting, permitting time and confusion could have been spared.

I fail to understand why the DEP would gather the concerned public then not allow an open discussion of the questions at hand? Everyone’s there, let’s talk about it now.

Why wait?

As you can see, even the most forward methods of public participation often fall short when it comes to implementation.

 Good sense from our former environmental advocate. She is being, and will continue to be, sorely missed. Editor. _