MIKE EASLEY'S
COMPREHENSIVE CLEAN WATER PLAN

Introduction and Summary

     As Governor, I will implement comprehensive, up-to-date safety and quality standards for every body of water in this state. No one contaminant source will be singled out alone. But, just as important, no industry or activity will be exempted. Every North Carolinian benefits immeasurably from clean water, and each can play a part in accomplishing our water quality goals.
     My comprehensive clean water plan starts with the obvious point that the anaerobic swine waste lagoon and spray field system has proved to be too risky. It must go. But abolishing open hog lagoons only starts the movement to high water quality. It will not achieve it. I believe the rest of my plan will.
     Good stewardship and true leadership requires a willingness to take decisive and independent action. As Attorney General, I have directed state investigators and lawyers to vigorously pursue and prosecute the polluters of our waters. As Governor, I will work to strengthen our clean water laws as detailed below, and to make immediate, meaningful progress on the array of environmental challenges facing our state including promoting air quality, reducing waste, making mass transit succeed, and preserving open spaces and historic places.

Abolish Swine Waste Lagoons

     Some candidates for high office have finally expressed concern about the threat of swine waste lagoons, just as an important election approaches. Ironically, a series of laws enacted by many of the same politicians while in the General Assembly during the late 1980's and early 1990's paved the way for the rapid and virtually unregulated expansion of large-scale, industrial-style hog farming in North Carolina. The laws gave tax breaks to hog factory farms and severely restricted the ability of local communities, state regulators, and the courts to oversee their operations.
     The Environmental Crimes Task Force, which I created in 1993, was forced to devote significant time and resources to the clean up of the environmental messes that followed. The unit, along with other prosecutors and investigators in the Attorney General's office, has played a key role in aggressively identifying, penalizing, and shutting down irresponsible hog operators who polluted our waters. In 1998, our office held that the state has the legal authority to prevent the slaughtering capacity at the Smithfield plant from being raised. And late last year, when swine operators and state regulators sought to get around state rules in order to spray more waste on already saturated fields, I refused to defend the maneuver in Superior Court. Thankfully, the limits on hog waste spraying remain in effect.
     As Governor, I will lead a broad, consistent effort to address the environmental degradation caused by large-scale, factory hog farming. Certainly, the companies that own and profit from the hog industry must bear their fair share of legal liability when the people they hire break our water quality laws. Those who enjoy direct financial benefits from hog production must have an economic incentive to promote compliance with state environmental rules. Therefore, my Administration will make sure that major hog companies, and other "integrators" of small farmers into large-scale hog operations, share liability for water quality violations at their contract farms.
     Moreover, a lagoon phase-out, starting with those abandoned and in flood plains or other at-risk locations, is also critical. Hog lagoons have spilled into our waterways too often, and the issue of damage from atmospheric nitrogen and ammonia falling as rain is too serious to continue with "business-as-usual."
     As a result, the phase out of hog waste lagoons must begin immediately, and be subject to a strict timetable. Demanding compliance with this timetable will force the development of new, environmentally-friendly technologies to control hog waste. As such technologies develop, the timetable can be accelerated. But mandatory deadlines are necessary to continue the pace of research and development, and to force implementation. Specifically, as Governor, I will insist on the following timetable:

     (1) Large scale, on-farm installation of testing and new technologies, at the expense of integrators, to begin immediately;
     (2) Testing, evaluation, and oversight of new waste facilities, by independent scientists, beginning in year one;
     (3) Full scale installation of the technologies found most effective, no later than years three and four; and
     (4) Completion of phase out and total elimination of the lagoon system no later than year five, and substantially sooner if the independent scientists determine that faster implementation is possible.

     Whether by the initiative of the elected branches or by court order, the outmoded lagoon system will be replaced. The real question is what will take its place. Converting to cleaner, safer waste technologies will come at a price. We must be sensitive to independent family farms, so many of which have attempted to operate responsibly. These farmers simply played by the rules set by the General Assembly. Still, they must convert and, as Governor, I will see that they do so.
     While the conversion is underway, large-scale farms must make operational improvements, including buffers, biocovers, and windbreak walls, to minimize dangers to our waters, as well as our air.
     The necessity of moving away from the swine waste lagoon and spray field system is obvious. But anyone who suggests that just getting rid of hog lagoons is enough to guarantee high water quality does not understand, or is not admitting, the full extent of the challenge ahead. We must get beyond lagoons and have a comprehensive response to the real issue of overall water quality.

Respond Comprehensively To All Pollution Sources

     As Governor, I will insist that rivers and streams be timely tested for key pollutants, such as fecal coliform, mercury and other heavy metals, nitrogen, and sediment. For every one that fails to meet strict safety and quality standards, a tailored, enforceable action plan that takes into account all pollution sources – from municipal waste treatment, package, and industrial plant discharges; to construction site, agriculture, and recreation run-off; to straight piping – must be drawn-up, implemented, and enforced by state and local regulators.
     I call this a "river back" approach: we must start with the quality of our rivers and other water courses and work backwards. Wherever pollution sources or activities are found, action must be taken. Addressing such a broad range of sources will not be easy, but as Governor I will insist that the Department of Environment and Natural Resources (DENR) do it within two years. Obviously, adequate borders, buffers and wetlands, along with other "best management" strategies will be a necessary part of curbing "non-point" source pollution.
     Simply put, no source can be excused from the responsibility of reducing the pollution of our rivers and streams. For example, just in the past few years North Carolina has started to confront the serious water pollution problems caused by sedimentation, particularly in the Piedmont and West. When soil, mud, and polluted runoffs are allowed to wash into rivers and streams, fish die and water quality diminishes. Despite the recent progress, the state must devote more resources to unannounced site inspections and municipalities must maintain the right to enact more rigorous sedimentation-control ordinances.
     Ultimately, if the state does not move vigorously against all sources of water pollution, the Environmental Protection Agency has made clear that it will act. If North Carolina does its job, federal intervention will be unnecessary. At the same time, North Carolina deserves more federal funding grants (under Section 319 of the Clean Water Act) to assist in carrying out basin wide programs. I will fight for increased federal funding as Governor.
     I will also continue my support for North Carolina's own Clean Water Management Trust Fund. Since 1996, the Fund has sponsored a number of innovative and invaluable clean up and protection projects. In the wake of the extensive watershed damage wrought by Hurricane Floyd, the Fund is more critical now than ever before. In addition, both state and local governments must consider another round of water and sewer bonds.
     In sum, comprehensive clean up and protection action plans must be implemented and obeyed in order to improve water quality. As Governor, I will insist on such plans and I will enforce them.

Intensive Monitoring

     As stated above, as Governor I will direct that major rivers be tested and clean up plans implemented within two years. In order to develop and implement effective action plans for our rivers and streams, we need timely, accurate data on their current condition. With seventeen (17) ever-changing river basins, water quality monitoring is a continuing challenge and the current five-year gap between intensive testing is too long. Possibly impaired waterbodies should not be omitted from the 303(d) and other pollution lists simply because the state lacks timely or sufficient data.
     Given the resources that will be brought to bear when impairments are identified, adequately staffed monitoring programs are essential. The automated monitoring instruments developed for the Neuse River, which include built-in alarm systems, can be utilized statewide if proven successful. At the same time, point sources must be held to high standards for timely, effective reporting of their discharges.
     While dischargers and regulators must fulfill their monitoring responsibilities, citizen participation can also play a critical role. The Volunteer Water Information Network (VWIN) program run by the Environmental Quality Institute at the University of North Carolina at Asheville is a worthy model for citizen-supported water quality sampling campaigns. Indeed, volunteer "Stream Watch" programs are being organized across the state. Their efforts should be commended and, as Governor, I will ensure that state agencies work closely and cooperatively with non-governmental monitoring groups.

Tough, Coordinated Enforcement

     One sure, swift way to promote a safe environment is to get tough on those who break the law and pollute. As Attorney General, I have made enforcement of state environmental laws, both civil and criminal, a top priority. I know from first-hand experience that the key to stopping serious polluters quickly and effectively are well-coordinated regulators enforcing tough laws.
     As Governor, I will insist that DENR work closely with local, state, and federal prosecutors to identify and punish polluters. I will also require DENR to formalize and fully participate in the streamlined environmental enforcement process I proposed two years ago: the Rapid Environmental Enforcement And Clean-up Team (REACT). As part of the REACT program, field agents from DENR will work hand-in-hand with prosecutors and experienced environmental criminal investigators to cut through bureaucratic red-tape and prosecute quickly those responsible for illegal spills or discharges. REACT can be an important part of the improved enforcement program DENR recently outlined.
     Once in court, prosecutors should have the assistance of investigative tools to probe for evidence of often complex environmental crimes that invariably cross county lines. I will also press for legislation granting judges, in addition to regulators, authority to assess civil fines against those responsible for past and on-going violations.
     We also need a "Truth in Penalties Act" for environmental wrongdoing similar to the Truth in Sentencing law we have for crimes of violence. The public and water polluters must know that the fines and other penalties on the books will be imposed fully in cases of willful or egregious environmental misconduct. Coupled with higher penalties, the actual imposition of high, or even maximum, fines in serious cases will go a long way towards deterring misconduct and promoting a cleaner, safer North Carolina.

Protect The Environment When Promoting The Economy

     The same cooperation and coordination among regulators that will make enforcement of our clean water laws more effective must also be present in state economic development efforts. The level and timing of environmental review given to major new industrial projects must be addressed. All state and local agencies and commissions involved in environmental issues should be advised early in the process of reviewing the proposed siting of major new industrial facilities. State law requires cooperation between DENR and the Department of Commerce in assessing the environmental impact of new or expanding industry relocating to North Carolina. These rules must be strictly followed. And, as Governor, I will propose a new state law to make clear that thorough environmental reviews of major projects cannot be avoided based on seeming technicalities such as whether tax abatements or other financial incentives constitute "public monies".
     The Commerce Department's proposal to identify, assess and promote "certified new business sites" should be implemented and expanded. Preliminary environmental studies should be conducted on a variety of potential industrial sites in each of the state's economic development regions. Qualifying sites should then be actively promoted by the Commerce Department in cooperation with local Chambers of Commerce. In addition, to take advantage of current infrastructure, state and local officials should be actively promoting the reuse of "brownfield" sites.
     To restore the waters affected by industrial, agricultural, and residential development, much work remains to be done. While that work is underway, we must also be smarter and more farsighted about new development initiated by the private and public sectors. For example, the water quality challenges left behind by Hurricane Floyd's deadly and destructive path through Eastern North Carolina are serious, numerous, and still not fully known. A massive recovery effort is called for but the state must not encourage the cycle of "destruction-recovery-redevelopment-destruction". One important tool for "Smart Recovery" is updated floodplain maps. While our state and federal governments have appropriated hundreds of millions of dollars in Floyd-related money, virtually none has gone to revise badly outdated floodplain maps. Such an oversight must be corrected.
     Moreover, the state must not forget the lessons of Floyd as roads, bridges, and culverts are rebuilt, and even as the ground is broken on long-planned public and private projects. In general, smart site selection of both public and private sector projects is critical to preventing similar threats to water quality in the future. As Governor, I will insist that state policies and taxpayer funds focus on protecting our rivers and streams rather than subsidizing development that will endanger them.

Conclusion

     I have always been impressed by the belief of many Native American tribes that we should assess major decisions by considering what effect they will have on the next seven generations. North Carolina must take a similar approach when it comes to water quality. We must ask what the impact of our choices will be not just for the water courses we depend on, or those our children will rely on, but for the rivers and streams to which the coming generations of children will turn.
     To make smart decisions we need a comprehensive approach predicated on shared responsibility. Simplistic, bite-size solutions will make little difference now, and none later. Only by holding every source and activity that threatens our rivers and streams accountable can we ensure high-quality waters for the children of this new century, and the next.