What's at Stake
The Department of Health and Environmental Control (DHEC) defines its mission as “promoting and protecting the health of the public and the environment.” While there is disagreement about whether or not the enabling language in the SC Pollution Control Act of 1972 provides a sufficiently clear mandate for the agency, the bottom line is that citizens expect DHEC to stand up for South Carolina’s clean air and clean water.
What worked 40 years ago is not working well today. We have more people, more development and less water. There is a perception that DHEC too often enables bad things to happen — fines are too small, the permitting process is too narrow, regulatory development is too politicized, employees are underpaid, the Board has lost oversight of the agency’s management. Since the General Assembly rarely chooses to enact legislation or to approve agency regulations that are more protective than federal guidelines, more often than not, DHEC has only minimum federal standards to enforce.
Challenges
In addition to some confusion about its mission, DHEC is politically fragmented with connections to all branches of government and accountability to none. One foot is in the Executive Branch with the Governor appointing all Board members, and one toe is in the judicial branch because of the Board’s quasi-judicial role in the permit appeals process. The other foot is stuck in the legislative branch where South Carolina Representatives and Senators have twice the normal leverage over the Executive Branch’s environmental arm: they control the purse strings and their approval is also required before DHEC regulations can become law. This legislative review of the regulatory development process appears to be unique to South Carolina and is just one more way that the General Assembly retains power. This fragmented oversight is unhealthy for the future of our state.
Next Steps
At stake are the health of our citizens and the “good life” that attracts people to live in South Carolina—our blue skies and sunshine and once bountiful waters. South Carolina faces complex public health crises from mercury exposure to obesity to respiratory illness - as well as the dual challenge of managing rapid population and economic growth. To face the challenges of the 21st century, DHEC’s authority and obligation to alert the public about environmental hazards need to be clarified and strengthened. In addition, the General Assembly should remove itself from the regulatory review process. And finally, adequate state dollars, and in some cases, additional fees and fines, are needed to enable DHEC to enforce public protection measures and retain key employees. It will take leadership—from the Governor, from the Board and from the General Assembly– as well as public support. Empowering DHEC is urgent. Without a stronger environmental agency, the inevitable outcome is the degradation of our natural resources and the deterioration of our air and water quality.
For more information: Ann Timberlake, Conservation Voters, 803-799-0716
Fast Facts
DHEC enforces the mandates of federal legislation such as the Clean Water and Clean Air Acts.
About 48 percent of DHEC’s overall budget comes from federal programs, 27 percent from state appropriations and 25 percent from fees, grants and other sources.
DHEC’s Office of Environmental Quality Control has initiated a public participation initiative. Regional Community Liaisons have recently been hired to work with public participation coordinators working in each program area.
The job turnover rate at DHEC was 9 percent from July, 2006, to July, 2007.
Contact the Community Liaison at DHEC’s Office of Environmental Quality Control at 803-896-8940