BOWS: To the Chehalis Board of Adjustment for closely adhering to the due process of the law in determining whether to grant permits that may lead to commercial development on the American Crossarm and Conduit Superfund Cleanup site.
The board last month denied several appeals to granting of the permits that were based on concerns over adverse effects the development work might have on the environment. The two permits in question allow Darrell Peterson, who bought the cleanup site, to perform work in a flood zone and to physically move fill dirt onto a portion of the site in preparing it for development projects.
The opponents were given their full day in court, through the appeals process, as is proper and lawful. As Bob Nacht, Chehalis Community Development manager, put it, "If you comply with the regulations, you will get the permits (true of other permits issued by local governments)."
While the permit process is designed to protect the public, the rights of property owners must also be considered, Nacht said. Will the public be protected from any adverse effects of Peterson's projects? It's difficult to imagine we won't, as a federal government that spent multimillions of taxpayers' dollars to clean up the American Crossarm site in the cause of environmental public health and safety surely won't allow that to be jeopardized.
Note that the federal regulator of the site, the Environmental Protection Agency, has approved the fill work and it and the city will monitor the site. Also, Peterson must obtain documented EPA approval of all subsequent work planned on the site and any intrusion into the clay cap protecting the site also requires approval of another government regulator, the state Department of Ecology.
The opponents lost their appeals because they couldn't demonstrate what harm would occur from the prospective development projects beyond that addressed in permit conditions. Private property owners won't be regulated simply on the basis of whims of someone in the pulic,Nacht emphasized.
They should not be. Like those who think permit requirements are too stringent or improperly interpreted by local officials, those who think they aren't tough enough ought to address their concerns to the Legislature, which makes the laws and has oversight over the regulations, as does Congress on the federal level. If officials who impose regulations are seen as the problem, then work to have them replaced.
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