Phd Called Unhealthy For Business Health District Regulations Too Rigid, Group Says

Frustrated business leaders are campaigning to get rid of Panhandle Health District’s authority to enforce environmental regulations.

They contend the health district appears to duplicate efforts of the state’s Division of Environmental Quality, and is less responsive to residents who seek environmental permits.

The business folks, through a nonprofit group with a history of successfully lobbying public officials, argue that DEQ should take over all environmental regulation.

That would eliminate confusion, bring local control to development decisions and scale back a cumbersome bureaucracy, they say.

Many in the development community have complained for years that the health district is too rigid.

But supporters contend the health district merely refuses to be swayed from its duty to protect public health. They argue the push amounts to sour grapes from people who’ve been denied permits for projects that could harm the environment.

The lobbying group, Concerned Businesses of North Idaho, has urged legislators to make the change, according to a position paper on the issue.

“DEQ should manage water as a resource from the time the water hits the ground until it exits the tap,” Concerned Businesses wrote. “If a health related situation arises as the water exits the tap, the health districts would react to the problem as a health issue.”

Executive director Steve Judy provided The Idaho Spokesman-Review with a copy of his group’s position paper, but did not return repeated phone calls over two days to discuss the position.

Health district officials contend such a dramatic change actually would eliminate local control, and would make it more difficult for the staff to control disease outbreaks.

“What they’re proposing is a centralizing process where you tie these operations more to Boise,” said Panhandle Health director Larry Belmont. “This thing is a real conflict, a real difference of opinion.”

Other critics fear the change would cost taxpayers more, and would leave regulation of public water supplies to an agency that’s open to political meddling and no longer interested in enforcement.

“The health district enforces regulations,” said attorney Marc McGregor. “Under Gov. Phil Batt, DEQ is now much more pro-business.”

Currently, DEQ holds primary responsibility for most environmental regulation and enforcement, but contracts much of its load to the health district.

Additionally, the health district is responsible for issuing septic tank permits and ensuring hazardous materials don’t leech into and contaminate an underground aquifer - the region’s sole source of drinking water.

Critics and supporters of the district point to its recent $495,000 court judgment against an ironworks owner.

John Hern Jr., once deemed the county’s biggest building and health code violator, refused for a decade to install septic tanks or properly store hazardous materials at his foundry. The self-described foe of government regulation wouldn’t even allow a routine inspection without a court order.

The district eventually took Hern to court, where a judge fined him $1,000 a day until he cleaned up his land.

“The health district didn’t turn away,” McGregor said.

County commissioners, meanwhile, threatened to cut the district’s funding, suggesting officials were vindictive.

“I don’t think they are as userfriendly as DEQ,” said Mark Grannis, a petroleum marketer who has feuded with the health district in the past.

He recently served a year on a committee that examined duplication in the two agencies, and for the most part found only the perception of duplication.

But that committee - comprised of one legislator, three business people, Belmont and the director of DEQ - also determined Panhandle Health should become more customer-oriented.

“You go there and get an attitude of ‘you can’t do this’ rather than ‘let’s see how we can help you accomplish what you want within the boundaries of the law,”’ Grannis said.

At a meeting last week, however, Ken Lustig, environmental section director for the health district, said if people are unhappy with the district’s personnel, they can complain to him and he’ll fix the problem.

The long-simmering debate resurfaced last week as the health district held public meetings in Kootenai County to kick off a long-range planning session.

A powerful builders group urged its members to attend the meetings and voice concerns about duplication, inconsistency and a perceived lack of expertise by the district’s environmental staff, according to a memo obtained by The Idaho Spokesman-Review.

The memo, from the North Idaho Building Contractors Association board of directors, suggested that builders tell the district to halt the environmental work it does for DEQ and “change its philosophy towards business and community to one of cooperation and assistance.”

Only 25 to 30 people attended the meetings, most to offer support for the health district or ask questions about a recent whooping cough outbreak.

The memo also suggested the health district’s newest board member - an engineer with membership in NIBCA and Concerned Businesses - needed help making “needed changes in the PHD.”

That board member, Chris Beck, said he agreed with some, but not all, of Concerned Businesses’ positions.

The debate over the future of the health district is expected to continue into next year, when legislators will likely debate some proposed changes, said Rep. Jeff Alltus, R-Coeur d’Alene.

But whether legislators seriously will consider spiking the district’s environmental mission remains to be seen.

Rep. Mark Stubbs, R-Twin Falls, and co-chair of a task force to bring “common sense” to environmental regulation, says it’s unlikely.

“It’s too big a change,” he said. “There’s a strong opinion in the legislature that counties and local health districts are better at keeping costs down then a statewide program.”

, DataTimes