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	<title>Comments on: DNREC RULES I AM NOT A MEMBER OF THE PUBLIC</title>
	<atom:link href="http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/</link>
	<description>The WGMD 92.7 FM Delmarva Blog</description>
	<pubDate>Fri, 25 Jul 2008 15:56:11 +0000</pubDate>
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		<title>By: Pete</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26256</link>
		<dc:creator>Pete</dc:creator>
		<pubDate>Sun, 11 May 2008 21:27:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26256</guid>
		<description>Welcome to the home of the brave. Cost of a couple of sand piles at Indian River, 20 million. Cost to purchase your home "near" the beach, 750K. Cost of Cancer, Priceless.</description>
		<content:encoded><![CDATA[<p>Welcome to the home of the brave. Cost of a couple of sand piles at Indian River, 20 million. Cost to purchase your home &#8220;near&#8221; the beach, 750K. Cost of Cancer, Priceless.</p>
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		<title>By: Alan Muller</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26212</link>
		<dc:creator>Alan Muller</dc:creator>
		<pubDate>Sun, 11 May 2008 16:59:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26212</guid>
		<description>environmental public hearings ...

There are few rules for the conduct of DNREC public hearings.  This has allowed the agency to orchestrate each proceeding depending on its objective at a particular time, and it is hard to know in advance what will happen at any one hearing.

Over the past few years DNREC has "reinterpreted the law" to reduce the role of the public.  For example, members of the public are no longer allowed to be "parties,"--I won't go into what that implies, but it is a lot.  In the past I was sometimes able to have DNREC staff placed under oath, which sometimes improved the truthfulness of the testimony.  No longer.

This is an issue Green Delaware has been concerned about for years, but for the most part people don't pay attention to procedural stuff until a particular issue concerns them.  Personally, I think a huge part of the problem is the silence, when not the active complicity, of Delaware's mainstream "environmental community."  Sierra, Audubon, etc, just don't "get it."

This cutting out of the public began very noticeably during Nick DiPasquale's tenure as head of DNREC, though doubtless his marching orders originated with the Chamber of Commerce, Chemical Industry Council, etc.

I have found Bob Haynes quite unpredictable--sometimes he runs hearings in a reasonable manner, sometimes not.

The overall effect has that the hearings have been reduced to opportunities for citizens to vent.

For the most part, the General Assembly members have been fully on board with this.

Kudos to Maria Evans for tying to ask questions.  The sad reality is that few Delaware reporters do this in public.

See:

http://greendel.org/item.xhtml?name=article_BillofRights
http://greendel.org/item.xhtml?name=alert_0288

Alan Muller
Green Delaware</description>
		<content:encoded><![CDATA[<p>environmental public hearings &#8230;</p>
<p>There are few rules for the conduct of DNREC public hearings.  This has allowed the agency to orchestrate each proceeding depending on its objective at a particular time, and it is hard to know in advance what will happen at any one hearing.</p>
<p>Over the past few years DNREC has &#8220;reinterpreted the law&#8221; to reduce the role of the public.  For example, members of the public are no longer allowed to be &#8220;parties,&#8221;&#8211;I won&#8217;t go into what that implies, but it is a lot.  In the past I was sometimes able to have DNREC staff placed under oath, which sometimes improved the truthfulness of the testimony.  No longer.</p>
<p>This is an issue Green Delaware has been concerned about for years, but for the most part people don&#8217;t pay attention to procedural stuff until a particular issue concerns them.  Personally, I think a huge part of the problem is the silence, when not the active complicity, of Delaware&#8217;s mainstream &#8220;environmental community.&#8221;  Sierra, Audubon, etc, just don&#8217;t &#8220;get it.&#8221;</p>
<p>This cutting out of the public began very noticeably during Nick DiPasquale&#8217;s tenure as head of DNREC, though doubtless his marching orders originated with the Chamber of Commerce, Chemical Industry Council, etc.</p>
<p>I have found Bob Haynes quite unpredictable&#8211;sometimes he runs hearings in a reasonable manner, sometimes not.</p>
<p>The overall effect has that the hearings have been reduced to opportunities for citizens to vent.</p>
<p>For the most part, the General Assembly members have been fully on board with this.</p>
<p>Kudos to Maria Evans for tying to ask questions.  The sad reality is that few Delaware reporters do this in public.</p>
<p>See:</p>
<p><a href="http://greendel.org/item.xhtml?name=article_BillofRights" rel="nofollow">http://greendel.org/item.xhtml?name=article_BillofRights</a><br />
<a href="http://greendel.org/item.xhtml?name=alert_0288" rel="nofollow">http://greendel.org/item.xhtml?name=alert_0288</a></p>
<p>Alan Muller<br />
Green Delaware</p>
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		<title>By: GetterDonebyJD</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26025</link>
		<dc:creator>GetterDonebyJD</dc:creator>
		<pubDate>Sat, 10 May 2008 22:28:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26025</guid>
		<description>Dear Maria---


   I tried to stay on the side lines, listening to the rhetoric (here's where I set off the submit comment line by mistake---as all can tell), any way I was spell checking and left clicked the wrong button!

   SO, as to this blogger called Inland Bays lover--- A BIG Poo Poo to you dear imposter! I know who you are, your a pathetic fake! That's right, a FAKE! your no more concerned over the inland bays, as I am a feild full of CRAB GRASS w/3 types of sand burs meshed in for good measure!

   One being the ole' fashoned sand bur!

   Second being a common field cockel-bur!

   The third being a seamstreses pin cushion for a bur if you like, because that makes more sense than you ever so politely trying to suck up that ever lovin (OH-- I just want to protect my precious Bays) bunch of huey, your trying to force down---or up Marias nose, and all over my good common sense, that you absolutely cannot fool! 

   Now I said it-- I can face any man any where for any reason! Truth is always on my side because I have found the author of truth, and his word declaires to me that he will tell all liars---'Depart from me~the TRUTH was never in you! 

   So now, if your feathers got ruffled, and your gracious honor got a little tarnished, blogg on back here and we'll figure out how to discover who each other are, and then all of Delmarva will know who we are, and I'd be willing to crawl a 1/4 mile on all fours, your in reality, no inland bay's lover!

   You have been sent by NRG to defuse and imbarress the WGMD radio station, and host Maria Evans, because you and them thought that you could just form any words and say all those goody things about being a nature lover, without somebody checking your underware!

   I will look you stright in the eyes and I won't be blinking!

P.S.--- I have for the last 10 years been living within 1 &#38; 1/2 miles--- that's ONE and ONE HALF MILES directly under ALL the smoke stacks of DP&#38;L's/NRG power generating plant--- If anybodys concerned over health issues and pollutions in the waters--- It's me!

   The place of my domicile has had excellent tasting drinking water here for the last 8 out of 10 years to date. The coffee water got so bad tasting, we had to go to bottled water, bottled water was drilling a hole in my pockets! We opted for a faucet water purifier, it seems to be doing the job.

   When I moved here 10 years ago, we were in relative good health, 4 years ago, my wife got deadly cancer, 2 different types of cancer at the same time. She was given 2 months to live. That was just a little over 4 years ago, when I say we know the author of truth, I just didn't pluck that down there for a read! The Doctor told me not to be hopeful. Expect the worst. Our water had been seemingly off somewhat, it was just creeping in as to be noticed as somethings up with the water. So we suffered it all we could before putting our foot down and spending the monies to try and remedy the problem. The spicket system made our coffee as good as it ever has tasted! If you think it wasn't the direct result of that system, all you have to do is bypass the filter and use stright tap water for the next pot and get ready to barf! The most sourest tingly sensation to the tougue you want to taste!

   Now, are you really a lover of Life?, State?, Air?, Salt Water?, Fresh Water?, Ground Water?, Lower Energy Costs?, Public Officials Being Held To Account?, Let Maria do as she please's until she screws up, then let her boss deal with the problem to deal with it as they see it, then we can decide to be listeners of WGMD or not!</description>
		<content:encoded><![CDATA[<p>Dear Maria&#8212;</p>
<p>   I tried to stay on the side lines, listening to the rhetoric (here&#8217;s where I set off the submit comment line by mistake&#8212;as all can tell), any way I was spell checking and left clicked the wrong button!</p>
<p>   SO, as to this blogger called Inland Bays lover&#8212; A BIG Poo Poo to you dear imposter! I know who you are, your a pathetic fake! That&#8217;s right, a FAKE! your no more concerned over the inland bays, as I am a feild full of CRAB GRASS w/3 types of sand burs meshed in for good measure!</p>
<p>   One being the ole&#8217; fashoned sand bur!</p>
<p>   Second being a common field cockel-bur!</p>
<p>   The third being a seamstreses pin cushion for a bur if you like, because that makes more sense than you ever so politely trying to suck up that ever lovin (OH&#8211; I just want to protect my precious Bays) bunch of huey, your trying to force down&#8212;or up Marias nose, and all over my good common sense, that you absolutely cannot fool! </p>
<p>   Now I said it&#8211; I can face any man any where for any reason! Truth is always on my side because I have found the author of truth, and his word declaires to me that he will tell all liars&#8212;&#8217;Depart from me~the TRUTH was never in you! </p>
<p>   So now, if your feathers got ruffled, and your gracious honor got a little tarnished, blogg on back here and we&#8217;ll figure out how to discover who each other are, and then all of Delmarva will know who we are, and I&#8217;d be willing to crawl a 1/4 mile on all fours, your in reality, no inland bay&#8217;s lover!</p>
<p>   You have been sent by NRG to defuse and imbarress the WGMD radio station, and host Maria Evans, because you and them thought that you could just form any words and say all those goody things about being a nature lover, without somebody checking your underware!</p>
<p>   I will look you stright in the eyes and I won&#8217;t be blinking!</p>
<p>P.S.&#8212; I have for the last 10 years been living within 1 &amp; 1/2 miles&#8212; that&#8217;s ONE and ONE HALF MILES directly under ALL the smoke stacks of DP&amp;L&#8217;s/NRG power generating plant&#8212; If anybodys concerned over health issues and pollutions in the waters&#8212; It&#8217;s me!</p>
<p>   The place of my domicile has had excellent tasting drinking water here for the last 8 out of 10 years to date. The coffee water got so bad tasting, we had to go to bottled water, bottled water was drilling a hole in my pockets! We opted for a faucet water purifier, it seems to be doing the job.</p>
<p>   When I moved here 10 years ago, we were in relative good health, 4 years ago, my wife got deadly cancer, 2 different types of cancer at the same time. She was given 2 months to live. That was just a little over 4 years ago, when I say we know the author of truth, I just didn&#8217;t pluck that down there for a read! The Doctor told me not to be hopeful. Expect the worst. Our water had been seemingly off somewhat, it was just creeping in as to be noticed as somethings up with the water. So we suffered it all we could before putting our foot down and spending the monies to try and remedy the problem. The spicket system made our coffee as good as it ever has tasted! If you think it wasn&#8217;t the direct result of that system, all you have to do is bypass the filter and use stright tap water for the next pot and get ready to barf! The most sourest tingly sensation to the tougue you want to taste!</p>
<p>   Now, are you really a lover of Life?, State?, Air?, Salt Water?, Fresh Water?, Ground Water?, Lower Energy Costs?, Public Officials Being Held To Account?, Let Maria do as she please&#8217;s until she screws up, then let her boss deal with the problem to deal with it as they see it, then we can decide to be listeners of WGMD or not!</p>
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		<title>By: GetterDonebyJD</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26016</link>
		<dc:creator>GetterDonebyJD</dc:creator>
		<pubDate>Sat, 10 May 2008 21:33:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26016</guid>
		<description>Dear Maria---

   I tried to stay on the side lines, listening to the rhectoric</description>
		<content:encoded><![CDATA[<p>Dear Maria&#8212;</p>
<p>   I tried to stay on the side lines, listening to the rhectoric</p>
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		<title>By: posterone</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26007</link>
		<dc:creator>posterone</dc:creator>
		<pubDate>Sat, 10 May 2008 20:41:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-26007</guid>
		<description>Maria,
  
  I don't mean to hijack your thread,   but I have an idea.   Why don't you have an open blog or thread where we concerned citizens can post what we would like to talk about.   Say, a particular topic.   When enough people show interest in that topic you could start it's own thread.   You have helped many of us learn about different topics and help contribute our thoughts on a solution or just understanding a bit better.   Being that most of us do not have a voice, or a place to voice our opinion, this would be a big help.  The more I listen to WGMD the more I like it. 

Thank you, and again, I did not mean to interrupt this topic.</description>
		<content:encoded><![CDATA[<p>Maria,</p>
<p>  I don&#8217;t mean to hijack your thread,   but I have an idea.   Why don&#8217;t you have an open blog or thread where we concerned citizens can post what we would like to talk about.   Say, a particular topic.   When enough people show interest in that topic you could start it&#8217;s own thread.   You have helped many of us learn about different topics and help contribute our thoughts on a solution or just understanding a bit better.   Being that most of us do not have a voice, or a place to voice our opinion, this would be a big help.  The more I listen to WGMD the more I like it. </p>
<p>Thank you, and again, I did not mean to interrupt this topic.</p>
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		<title>By: Maria Evans</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25954</link>
		<dc:creator>Maria Evans</dc:creator>
		<pubDate>Sat, 10 May 2008 15:42:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25954</guid>
		<description>Accusatory "tone."  Your first comment's tone implies I broke the rules of a public hearing: "They are set up for comment only, not for questioning." Which proved to be wrong since both DNREC and NRG reps answered questions throughout.  

Then, again your first comment,  you add this: "How would YOU feel to be one of the people standing up there with the public yelling, calling you names, making false statements, and YOU could not reply?" Which is clearly meant to provoke a reaction from me.  Incidentally, they could reply, which I explained to you, Mr. Haynes vigorously defended DNREC allowing NRG to report their own emissions violations.

Then there was this, again in your first comment: "It would be nice to take some of the accusatory tone out of this and work together to solve the problems."  Which has the tone of you accusing me of being accusatory in a blog post.  Have you "researched" what a "BLOG POST" is yet?  

Inland Bays, again, I contend that you are here simply to provoke a reaction from me.  In fact, you say you were here to "find out what happened"  and the only thing you seem interested in, again, is whether or not I broke the rules of a public hearing.  

Here you go, Inland Bays, here's a more thorough description of exactly "what happened" at the hearing in relation to the only issue you have shown interest in:

&lt;blockquote&gt;At the DNREC hearing Wednesday night in Millsboro, after members of the public, (three who signed up to speak while the rest simply raised their hands and took to the podium),  finished asking questions and making comments, Maria Evans from WGMD Radio stood up and asked if she could ask questions.  She was told "no" by Robert Haynes, the hearing officer.  Upon Mr. Haynes denying her request, Mrs. Evans sat back down.  

An unidentified woman across the room got up and questioned the hearing officer about his decision to not allow Mrs. Evans to speak, and he ruled that as a member of the press, she was not a member of the public.  After the hearing, just as happened after the last DNREC public hearing with NRG representatives, the NRG reps either left immediately, or refused to make comment.  &lt;/blockquote&gt;

Good name, too bad you haven't asked one question or made one comment about how the Inland Bays will be affected by NRGs mercury disposal plan.</description>
		<content:encoded><![CDATA[<p>Accusatory &#8220;tone.&#8221;  Your first comment&#8217;s tone implies I broke the rules of a public hearing: &#8220;They are set up for comment only, not for questioning.&#8221; Which proved to be wrong since both DNREC and NRG reps answered questions throughout.  </p>
<p>Then, again your first comment,  you add this: &#8220;How would YOU feel to be one of the people standing up there with the public yelling, calling you names, making false statements, and YOU could not reply?&#8221; Which is clearly meant to provoke a reaction from me.  Incidentally, they could reply, which I explained to you, Mr. Haynes vigorously defended DNREC allowing NRG to report their own emissions violations.</p>
<p>Then there was this, again in your first comment: &#8220;It would be nice to take some of the accusatory tone out of this and work together to solve the problems.&#8221;  Which has the tone of you accusing me of being accusatory in a blog post.  Have you &#8220;researched&#8221; what a &#8220;BLOG POST&#8221; is yet?  </p>
<p>Inland Bays, again, I contend that you are here simply to provoke a reaction from me.  In fact, you say you were here to &#8220;find out what happened&#8221;  and the only thing you seem interested in, again, is whether or not I broke the rules of a public hearing.  </p>
<p>Here you go, Inland Bays, here&#8217;s a more thorough description of exactly &#8220;what happened&#8221; at the hearing in relation to the only issue you have shown interest in:</p>
<blockquote><p>At the DNREC hearing Wednesday night in Millsboro, after members of the public, (three who signed up to speak while the rest simply raised their hands and took to the podium),  finished asking questions and making comments, Maria Evans from WGMD Radio stood up and asked if she could ask questions.  She was told &#8220;no&#8221; by Robert Haynes, the hearing officer.  Upon Mr. Haynes denying her request, Mrs. Evans sat back down.  </p>
<p>An unidentified woman across the room got up and questioned the hearing officer about his decision to not allow Mrs. Evans to speak, and he ruled that as a member of the press, she was not a member of the public.  After the hearing, just as happened after the last DNREC public hearing with NRG representatives, the NRG reps either left immediately, or refused to make comment.  </p></blockquote>
<p>Good name, too bad you haven&#8217;t asked one question or made one comment about how the Inland Bays will be affected by NRGs mercury disposal plan.</p>
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		<title>By: inlandbays</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25939</link>
		<dc:creator>inlandbays</dc:creator>
		<pubDate>Sat, 10 May 2008 14:29:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25939</guid>
		<description>Maria,

My mistake in thinking that there could be civility in a blog.
Please point out one accusatory thing I said to you.

IB</description>
		<content:encoded><![CDATA[<p>Maria,</p>
<p>My mistake in thinking that there could be civility in a blog.<br />
Please point out one accusatory thing I said to you.</p>
<p>IB</p>
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		<title>By: Maria Evans</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25938</link>
		<dc:creator>Maria Evans</dc:creator>
		<pubDate>Sat, 10 May 2008 14:14:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25938</guid>
		<description>Maybe DNREC and NRG representatives from Indian River SHOULD hold a press conference about the facilities' water discharge and air emissions.  I'm trying to think if they ever have...</description>
		<content:encoded><![CDATA[<p>Maybe DNREC and NRG representatives from Indian River SHOULD hold a press conference about the facilities&#8217; water discharge and air emissions.  I&#8217;m trying to think if they ever have&#8230;</p>
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		<title>By: Maria Evans</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25930</link>
		<dc:creator>Maria Evans</dc:creator>
		<pubDate>Sat, 10 May 2008 13:51:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25930</guid>
		<description>Pete, you heard my "interview" with the NRG representatives.  I posted it unedited and in full.</description>
		<content:encoded><![CDATA[<p>Pete, you heard my &#8220;interview&#8221; with the NRG representatives.  I posted it unedited and in full.</p>
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		<title>By: Maria Evans</title>
		<link>http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25929</link>
		<dc:creator>Maria Evans</dc:creator>
		<pubDate>Sat, 10 May 2008 13:51:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.wgmd.com/blog/2008/05/09/dnrec-rules-im-not-a-member-of-the-public/#comment-25929</guid>
		<description>Inland bays, this is a BLOG.  It's supposed to be full of OPINION and SARCASM.  Like this:  DUH.  I suggest that when you do your "research" you look up what a BLOG is.  This post, is typical example of a BLOG POST.  

As for my replies to your comments, it seems like you can dish it out, but you can't take it, and your tone has been nothing but accusatory with me.  The only thing you seem interested in trying to find out about, is whether or not I broke a public hearing rule.  

And asking you if you approve of NRG taking mercury out of the air and putting it in a landfill that isn't suited for toxic disposal, a landfill with no lining and no cover, is a "loaded question?"</description>
		<content:encoded><![CDATA[<p>Inland bays, this is a BLOG.  It&#8217;s supposed to be full of OPINION and SARCASM.  Like this:  DUH.  I suggest that when you do your &#8220;research&#8221; you look up what a BLOG is.  This post, is typical example of a BLOG POST.  </p>
<p>As for my replies to your comments, it seems like you can dish it out, but you can&#8217;t take it, and your tone has been nothing but accusatory with me.  The only thing you seem interested in trying to find out about, is whether or not I broke a public hearing rule.  </p>
<p>And asking you if you approve of NRG taking mercury out of the air and putting it in a landfill that isn&#8217;t suited for toxic disposal, a landfill with no lining and no cover, is a &#8220;loaded question?&#8221;</p>
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