A recent string of reports regarding numerous dead fish at various points of the lower Susquehanna River have resulted in various theories on what you should do if you see a possible case of water pollution. Obviously, the most basic advice is if you see something you need to say something. But who do you say something to?
Pennsylvania have a unique, and sometimes confusing, approach to water pollution. There are several ways you can report an incident but not all methods result in the same course of action. More importantly, reporting to one point of contact does not automatically mean that that information will be shared with other interested parties. Lets take a look at where reports can be made, what each party can (or cannot) do, what the best course of action may be for a given situation.
U.S. Environmental Protection Agency
The first thought when someone sees a pollution event is often “call the EPA”. This is because the EPA is what many people hear about on television and it is the only agency they are aware of that response to pollution events. However, the EPA is a federal agency and, as such, have many limitations when it comes to actually taking action.
As a federal agency the EPA has national jurisdiction. This means their staff is extremely busy and generally limits initial response to only the most severe cases. The EPA is also limited in their ability to respond immediately due to nearest office location. This means that the EPA is more than likely not you best initial point of contact.
PA Department of Environmental Protection
DEP is the state level version of the EPA, responsible for many of the same issues within the Commonwealth. One of the DEP’s biggest missions is issuance of discharge permits for everything from run off from a construction site to the largest industrial facility. Such permits allow limited and monitored discharge to Commonwealth waters.
Contacting DEP will initiate an investigation. Samples be obtained, responsible parties can be identified, and remedial action can be ordered. But DEP can not file criminal charges, any penalty accessed would be civil in nature. However, if pollution is the result of a permit violation, DEP involvement is necessary to avoid continued problems.
Lower Susquehanna River Keepers
The River Keepers are a non-profit organization that relies on volunteers to monitor water quality and address possible pollution events. As a non-governmental organization the River Keepers do not have any legal authority to address pollution, although they have filed civil lawsuits against responsible parties to force clean up. Although their primary focus is the Susquehanna River many of the small creeks and streams are direct tributaries to the Susquehanna and can therefore fall under their prevue.
While the value of the River Keepers can not be understated, especially given the limited resources the various governmental agencies face, it is important to remember their ability to be anything other than a concerned set of eyes and ears limits their ability to force action. However, they have a very good history of documenting pollution events, reporting what they discover to the responsible governmental agency and sharing information they collect as potential evidence.
Pa Fish & Boat Commission
Many anglers and boaters are accustomed to seeing Waterways Conservation Officer patrolling the local streams checking licenses and inspection safety equipment. What they may not realize is these same officers are responsible for investigating water pollution events as well. Pennsylvania is unique in that water pollution is not only a civil permit violation, but also a criminal violation. Criminal charges require trained, commissioned law enforcement officer involvement and the Fish & Boat Commission Bureau of Law Enforcement fills this role.
WCO investigate and, when necessary, take enforcement action for a wide range of pollution events ranging from sediment or manure runoff to major oil or chemical releases. When necessary, officers can file charges up to and including misdemeanor criminal charges that carry daily penalties, restitution form damages and even prison time.
Because of the limited number of WCOs on patrol they often rely on reports from the public, other agencies such as DEP or DCNR, and the eyes and ears of the River Keepers. Reports can be made to any of PFBC BLE’s six region offices or the Harrisburg Headquarters.
As stated earlier, pollution response in PA is a complex and often confusing matrix. Knowing who to call can make response more efficient and enforcement easier, however, the most important take away is protecting our waterways is everyone’s responsibility.
Remember, if you see something say something.
