Dump It Out In The Open Conservationists Seek Changes In Law Allowing Secret Reporting Of Pollution

Conservationists on Friday moved to change a state law that allows industry to secretly report its own pollution problems to regulators.

The Environmental Audits Act, passed last year, allows companies to voluntarily report their own pollution. If a company agrees to correct any violations it may have committed, the report is kept confidential and the company is immune from state prosecution.

The proposed changes would require the state Division of Environmental Quality to report to the Idaho Legislature twice a year.

The number of audits filed, the number of immunities granted and the number of immunities denied would be included in the report.

The Idaho Conservation League also wants the name of the company filing the audit, its location, and a description of its activities reported.

Lawmakers who considered the changes Friday said that would violate the provision for confidentiality in the original act.

“We can’t diminish the confidentiality or no one will report anything,” said Sen. Gordon Crow, R-Hayden.

Karl Brooks, legislative director for the Idaho Conservation League, said without the changes, no one will know if the new law is working.

Sens. Mary Lou Reed, D-Coeur d’Alene, and Clyde Boatright, R-Rathdrum, both voted with the 5-4 majority to send the ICL’s proposal to the attorney general for review.

“It’s hard to believe there would be any objection to these changes,” Reed said.

Crow said he agreed with the idea of reporting raw data on how the law is working each year, but didn’t favor revealing company names or other specific information.

The audits law should be given a chance to work with its confidentiality provisions in place, Crow said. He said he hopes it will promote more environmental cleanup by giving companies an incentive to act.

“It’s a tough bullet to bite, but I think it’s worth trying,” he said.

, DataTimes