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The following article about Connecticut's EJ Law appeared in the Record-Journal on January 6, 2009. The Record-Journal serves the Meriden, CT area.


01/06/2009

New polluters must give neighbors notice

By: George Moore , Record-Journal staff

Is someone planning a 50-megawatt power plant in your backyard?

If you live in Meriden or certain parts of Southington or Wallingford, there's a better chance you'll hear about it now that a new law creating Environmental Justice Communities has taken effect.

The regulation, which took effect Jan. 1, designates a number of cities and portions of suburban towns as Environmental Justice Communities. The entire city of Meriden has been so designated, as have neighborhoods in Wallingford and Southington.

Meriden already was considered a distressed municipality by the federal Housing and Urban Development Department, and the other two towns have a U.S. Census block in which 30 percent of residents have incomes below 200 percent of the federal poverty line.

Under the new law, anyone proposing a major pollution-generating facility in one of those communities would have to provide extensive notice to the affected neighborhoods. A developer, for instance, would have to file a public participation plan, hold an informal public meeting and print a quarter-page notice in the newspaper announcing the meeting, before receiving approval from the state Siting Council or Environmental Protection Department, which regulate the location of such facilities.

"It's a way of making sure the communities that are the most vulnerable have knowledge and a say about what happens when there is a proposed new or expanding major polluting facility," said Mark Mitchell, president of the Connecticut Coalition for Environmental Justice, which lobbied for the law for the last five years.

The new law, which passed during the 2008 legislative session and was signed by Gov. M. Jodi Rell, is the first of its kind in the country, he said.

The concept behind environmental justice, Mitchell said, is that low-income communities and communities of color "bear a disproportionate burden" of environmental hazards. Such communities, he said, do not have the same political power and access to information as affluent communities.

Upper-income neighborhoods are also home to lawyers and other professionals who are savvy at mounting a campaign against a potential project.

The new law does not stop at public notice. It also requires the project's developer to negotiate with the town or city's chief elected official on the need to provide an environmental benefit to offset pollution. A company building a major power plant, for example, could be asked to retrofit buses with energy efficiency equipment to offset its own pollution.

When it was first considered, the law would have applied to only a handful of cities, but state Rep. Mary M. Mushinsky, D-Wallingford, said she pushed for the inclusion of an area in Wallingford which is home to several industrial uses, and other suburban neighborhoods.

"I had made that point to them that it's not always an old urban minority community," she said. "Sometimes it's an old urban neighborhood" in a suburban town.

The environmental justice neighborhood in Wallingford extends near South Colony Street, near the sewage treatment plant, two power generating stations, Thermo-Spas and the regional waste-to-energy plant.

Mushinsky, who lives in the neighborhood, said the area has carried more than its share of large industrial facilities and will benefit from the new law, which would give the public more power over any future project.

Meriden Council of Neighborhoods President David Swedock said he likes the way the law will get residents involved in their communities.

"I can see how it's going to be a hassle for someone who wants to accomplish something commercially," he said, "but, to tell you the truth, I kind of like the concept of the community, especially people in the area, getting involved."

State Rep. Mary Fritz, D-Wallingford, said the law will provide more public notice in a world where many projects slip by without public scrutiny.

"I think the more the public is informed the better off we all are," she said. "Sometimes things happen in communities and no one seems to know how they got there."

gmoore@record-journal.com
(203) 317-2275


 

©www.MyRecordJournal.com 2009


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