Making Pollution Laws Work

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1 Making Pollution Laws Work The Shortest Route To Cleaner Water Community & Environmental Defense Services ceds.org In this presentation I ll describe an approach for: 1. Solving 90% or more of clean water enforcement problems; and 2. Expanding the political clout of your group and the environmental movement. But before getting to the presentation I d like to explain how I came to learn this approach. 1

2 Workshop Agenda For each topic: 20-Minute Presentation With 20-minute Discussion Is there an enforcement problem? Identifying pollution problems. Solving pollution problems. Preventing future problems. This is the agenda for the workshop. Each of the four presentations will take about 20 minutes. If you wish we can then spend 15 minutes discussing each. 2

3 Key To Cleaner Water Hold enforcers accountable before a politically significant constituency. You ll be hearing this theme throughout the workshop. I ll emphasize the need to be far more aggressive in the political arena. And I ll explain how this emphasis can increase the funds, volunteers, and other resources we all need to do a better job at restoring our degraded waters and safeguarding those which remain clean. So, on to the first presentation: Is there an enforcement problem? 3

4 Is There An Enforcement Problem? Well, here s proof that we re failing badly at keeping our waters clean. LEFT: There s 100,000 miles of nontidal streams and rivers in the Bay watershed. The figure on the left shows imperviousness. The orange and red subwatersheds have enough development (impervious area) to be moderately to severely degrade. The yellow areas are in jeopardy. In other words, 10% -15% of the Bay s tributaries are degraded by existing development. And another 25,000 acres of IA is added annually. RIGHT: CBF State of the Bay Index. As you can see the Bay s health is rated 28 on the 100-point scale. MY POINT IS: I believe that had we aggressively enforced laws which came on the books in the 1970s, the extent of degraded streams would be far lower and the Bay health index would be much higher. 4

5 National Enforcement Trends? Of course the early 1970s law I mean is the Clean Water Act adopted during the Nixon administration. This law required use of Best Practicable Technology by 1977, which was met by 90% of affected industries; by 1983 all waters were to be fishable-swimmable; and by 1985 all pollution discharges were to be eliminated. Reagan: Shifted to nonconfrontational approach and 1983 fishable-swimmable standards not met; EPA budget cut by 39%; enforcement staff cut by 35%; and enforcement actions declined 47% Clinton-Newt Gingrich: 1994 Republicans win Senate & House majorities; EPA officials far more cautious; enforcement fell 50%; George W. Bush: By 2002, 1997 referrals down 55%; By 2004 enforcement returned to 1997 level. Barrack Obama: Increased EPA budget 34%. EPA now has a record high budget and 24 more criminal investigators in the field; Mountaintop removal-head of Hollow fill favorable signs; 5

6 State Enforcement Trends 3,500 3,000 2,500 2,000 1,500 1, Maryland - ALL MDE Enforcement Actions ,500 3,000 2,500 2,000 1,500 1, Pennsylvania Clean Water Enforcement Actions Due to a paucity of independent data, its harder to tell how well our clean water laws are being enforced at the State level. Nationally: 1993 to 2001 State enforcement actions fell 55%. These two graphs indicate that Maryland and Pennsylvania enforcement actions vary from year to year. WASHINGTON POST: In 2008, MDE had 132 inspectors to cover 205,000 sites. The inspector to site ration in 2008 was1:1,500 vs. 1:1,090 in The Virginia DEQ has a inspector:site ratio of 1:147. 6

7 MDE 2009 Construction Site Inspection Rate: 16% MDE Enforces Sediment Control in Ten Counties: Allegany County Caroline County Garrett County Queen Anne's Co St. Mary's County Somerset County Talbot County Washington Co Wicomico County Worcester County If you dig into MDE s annual enforcement reports you find some pretty disturbing facts. MDE enforces erosion and sediment control laws in nearly half of Maryland. State law requires an inspection once every two weeks. The typical MDE site is inspected once every six years. The situation appears far better in jurisdictions where sediment control is enforced by a County agency. For example, in Montgomery County, MD, 485 active sites are monitored every two weeks by 14 inspectors (1:35). The quality of control is noticeably better in Montgomery County when compared to the MDE jurisdictions. 7

8 CBF found clean water law enforcement so bad that they sued EPA. Maryland RiverKeepers have petitioned EPA to take over NPDES discharge permit enforcement. These two recent books by Tom Horton and Howard Ernst document a long list of specific failures to enforce our clean water laws. 8

9 Top Ten Waterway Threats Stormwater runoff Watershed development in general Wetland loss Construction site sediment pollution Habitat loss in general Cropfield runoff Forest loss Septic Systems Wastewater treatment plants Industrial discharges 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% More then a hundred clean water advocates in the Bay watershed participated in our Making Pollution Laws Work survey. In fact, many of you took this survey. This first-of-its-kind survey showed these top ten threats to aquatic resource health. 9

10 Impediments To Resolving Threats Enforcement agency unresponsive Elected officials unresponsive Lack of political clout Laws inadequate Insufficient funds Lack of knowledge on how to initiate resolution Pollution control measure maintenance inadequate Inspection frequency-thoroughness poor Lack of technical expertise regarding effective solutions Insufficient time to research pollution incidents Polluter unresponsive Enforcement personel poorly trained Difficulty in documenting pollution incidents Inability to pinpoint pollution sources Inability to find a good lawyer 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% And the advocates cited these factors as impeding their efforts to protect the waters they cherish. Of course the most frequently cited impediment was unresponsive enforcement agencies followed by unresponsive elected officials. In later presentations I ll show you one approach for increasing the responsiveness of both. 10

11 Raw Sewage Discharge Now I d like to offer a couple of the many things I ve been seeing which indicate that enforcement has grown worse in recent years. What you re seeing here is raw sewage flowing from a state-of-the-art land treatment system. This system had been failing for more then a year when I stumbled across it in Essentially untreated sewage was flowing from this field into a nearby stream. I used to see this a lot in the 1970s, but almost never in the 80s, 90s, or most of this decade. 11

12 Existing Regional Stormwater Pond This slide shows the 40-ac site of the proposed Apple Greene shopping center in Calvert County. For the past two years I ve been helping area residents with concerns about this project. When I first looked at project plans I couldn t find any proposed onsite stormwater management. I then learned that there wasn t any. Instead the applicant planned on relying on a dilapidated 1970s regional pond 1800 feet downstream of the site. That s right. A 1/3 rd mile of stream would be exposed to the full scouring and pollutional effects of a major shopping center. 12

13 MDE Triennial Stormwater Reviews Allegany Anne Arundel Baltimore City Def Charles Dorchester Frederick Def Prince George s Queen Anne s Somerset Baltimore 1994 Garrett 1997 Saint Mary s 1996 Calvert 1996 Harford 1995 Talbot 1994 Caroline 1994 Howard 1997 Washington 2004 Carroll 1992 Kent 1994 Wicomico 1990 Cecil 2005 Montgomery 1997 Worcester 2004 I believe this table shows the reason why the Calvert County government was poised to approve such an appalling, horrendous stormwater plan. MDE is required to review local programs once every three years for compliance with the State stormwater law. As you can see the Calvert County program hasn t been reviewed since In fact, only five of the 25 local programs have been reviewed this decade. The MDE triennial reviews are critical to ensuring local governments require the use of highly-effective stormwater measures. Fixing this problem is imperative if we are to reap the benefits of the even more effective measures required by the 2007 Stormwater Act. 13

14 Key To Cleaner Water Hold enforcers accountable before a politically significant constituency. This first presentation gives but a few examples of how clean water law enforcement is ailing in Maryland. Nevertheless, these examples illustrate why it is imperative that we give enforcement agencies the political backing and resources they need to do a much better job. I d like to stop at this point and ask if you could share some of your experiences. In other words, what enforcement problems brought you this workshop? 14

15 Identifying Pollution Sources This next presentation illustrates some very lowtech, easy to execute methods for pin-pointing existing pollution sources. The focus is on gross pollution problems which generally pose the greatest threat to the aquatic environment. The techniques are not intended to produce data for use in court but instead are sufficiently valid to determine if a problem should be reported to an enforcement agency. 15

16 Define the Watershed The vast majority of problems degrading our waters come from sources located within the watershed. Of course a watershed is all that land which drains to a particular waterway. Here you see the stream closest to my home Gwynns Falls. On the right I ve outlined the watershed with a broken red line. 16

17 Online Sources The search for pollution sources begins online. Here you see a 2007 Google Earth photo of the upper Gwynns Falls watershed. The red arrows point to two areas of exposed soil. I visited both and found that erosion and sediment control was generally pretty good. 17

18 Online Sources The red arrows now point to a row of what appears to be industrial buildings along the rail line paralleling Gwynns Falls. I ll check this out using the USEPA ECHO website to see if any hold pollution permits. Most of the watershed consists of developed residential areas. I ll visit each to see if stormwater facilities are present. I ll check each facility to see if its functioning as designed and to look for opportunities to improve pollution removal. 18

19 This USEPA ECHO map shows permitted facilities in the upper Gwynns Falls watershed. Blue flags indicate no current violations. The yellow flags are for facilities discharging pollutants to the air. Later I ll walk public areas below each facility and look for evidence of pollution discharges to Gwynns Falls. 19

20 This imagery is from Maryland's Environmental Resources & Land Information Network or MERLIN site. This site is great for showing sensitive environmental resources and other watershed or waterway features. There are a number of other online resources which I won t go into now but include: SmartSiting, Surf Your Watershed, and the U.S. Geological Survey National Water Information System, to name a few. 20

21 Watershed Survey The next step is to travel the roads and other public access points crisscrossing the watershed. Following are a few examples of things to look for. 21

22 Agricultural Problem Indicators During the growing season check cropfields for rills, gullies or other evidence of soil erosion. Between harvest and spring planting check for the presence of a cover crop. Maryland actually has a law requiring farms with excessive erosion to obtain a Soil Conservation & Water Quality Plan, though implementation is voluntary except in severe situations. Check pasture for bare soil or other indications of overgrazing. Confined animal feeding operations (CAFOs) should not be located in a floodplain or within 100 feet of a waterway. 22

23 Construction Sites All areas of exposed soil on construction sites are to be treated with mulch, seeding and other erosion control measures once filling and grading has ceased. Look at the downslope edge of construction sites for any point where runoff from exposed soil could exit without flowing to a sediment trapping device. Of the two, erosion control is the most important since it can reduce sediment pollution by 90% or more. Trapping devices keep a third to half the pollution onsite. 23

24 Stormwater Management Search along the downslope edge of each existing developed area for stormwater facilities. Less then 4% of these facilities are underground, so if they re present you ll see them. The upper photo is of one of the most common and ineffective measures a dry extended detention pond. The two yellow arrows point to a storm drain outfall and a rip-rap channel where runoff enters the pond from the houses and streets in the background. The pink arrow points to a dewatering device which allows all runoff and most pollutants to drain from the pond into a nearby stream. The bottom photos are of a sand filter and a bioretention facility, which are two of the most effective stormwater treatment facilities. Both force 90% of runoff to flow through 2- to 4-feet of sand and organic soil where 50% - 95% of pollutants are removed. The remaining 10% of runoff exits via the storm drain inlets indicated by the red arrows. 24

25 Rain Gauge & Float Method Water Quality Volume 1-inch runoff from impervious surfaces. 1.2-inches of rain generates 1.0- inches of runoff from impervious surfaces. This slide illustrates the Rain Gauge & Float Method for determining if a sand filter or bioretention facility is treating 90% of runoff. Place an inexpensive rain gauge next to the facility. Attach a string to a fishing bobber. Tie the end of the string to something. Place the float at the point where runoff could first flow from the facility. On average a storm occurs about once every two months in Maryland that will produce an inch or more of runoff from impervious surfaces. So watch the weather forecasts for a prediction of, say, a halfinch or more of rain then be certain to set out your rain gauge and float. Check the rain gauge after the storm. If the float didn t wash away in rains of up to an inch, then the facility has sufficient capacity. If the float is displaced by less then an inch of rain then storage capacity is deficient and should be reported. 25

26 Evaluating Stormwater Facilities A Citizens Guide ceds.org/pdfdocs/citizensguide.pdf For further detail on evaluating stormwater facilities, download this publication from the ceds.org website. While the title says Saint Mary s County the guidance is applicable to the entirety of Maryland and other Bay watershed states. 26

27 Stream-Shoreline Shoreline Survey Now a few examples of what to look while surveying a waterway. Stop at road crossings and other access points and look for indications of pollution, such as muddy water during dry-weather, an oil sheen on the surface, or other unusual conditions. If you find something then travel to the next access point upstream. If you find a point where the condition is absent, then the source is somewhere between this point and the last you checked downstream. 27

28 Here are three examples of problem indicators to look for while walking or paddling a waterway. Look for storm drains or other pipes discharging anything other then clear, odorless water. Keep an eye out for grading, filling or other heavy equipment activity along the waterway or within a floodplain, both of which require a permit. Note points where livestock have free access to a waterway. 28

29 Stream Health Pollution Sensitive Mostly Six jointed legs Pollution Tolerant Aquatic insects and other organisms can be used to assess the health of most of the Bay s 100,000 miles of nontidal streams and rivers. Organisms sensitive to pollution are insects with six jointed legs, like those pictured in the upper half of this slide. Examine rocks in shallow, swift flowing riffles for these organisms. If they disappear between two access points then a pollution source may be present in between. Further sampling could pin-point the problem. This biological technique will reveal 70% - 90% of the problems detected with far more expensive chemical sampling. 29

30 Water Quality Data But for some pollution problems there s no substitute for physical and chemical water quality data. This brings this presentation to a close. Obviously I ve merely touched on the many pollution problems which may affect a waterway. In fact it usually takes an all-day workshop to do this one topic justice. I d like to stop at this point and hear about some of the methods you ve used to identify pollution problems. 30

31 Solving Clean Water Problems Examples of Problems Enforceable Problems Concentrated Animal Feeding Operations (CAFO); Logging too close to stream; Construction sediment pollution; Existing stormwater facilities; Wastewater treatment plants & other point source discharges; Failing septic system; or Dry-weather storm drain pollution discharge. Partly Enforceable Erosion on farm without SCWQP; Other Problems Erosion on farm with SCWQP; Pasture runoff; Unfettered livestock stream access; Upland clear-cut cut logging; Existing, untreated impervious surface runoff; or Excess nitrogen from functioning septic systems. Now we come to the heart of this workshop. I ve divided the discussion of solving pollution problems into two categories. First, problems which violate established law and therefore should be reported to an enforcement agency. Second, all other problems where the solution lies more in the realm of persuasion then coercion. 31

32 Reporting Pollution - Who To Call CAFOs Logging Stormwater Waterway Construction Point Source Discharge Sewerlines Problem Other Agriculture Sediment Control Septic Systems State Environ Agency Local DEP/DPW DPS Local Health Dept. Soil Conserv. District This table offers general guidance on where to start in reporting a pollution problem or for gaining information on voluntary programs for unregulated issues. 32

33 Solving Enforceable Problems Report Problem Then Follow Up Problem Solved Solution Verified Congratulations! Agency Says Not A Problem Get Second Opinion: CEDS, RiverKeeper, etc. 2nd Opinion Supports Agency Second Opinion Refutes Agency Go On To Next Highest Priority Issue Get Third Opinion Ask Agency Head/Most Friendly Legislator To Intervene Problem Solved Solution Verified Congratulations! Problem NOT Solved Initiate Aggressive Strategy In this flow chart I ve illustrated how the process of reporting most pollution problems runs. Let s say you ve watched a large construction site for a while. Grading and filling has ceased but most of the disturbed soil is barren and fully exposed to erosive forces. You call the local enforcement agency and ask when the exposed soils will be treated with mulch, seed or other erosion control measures. The inspector handling the site either says its scheduled for the near future or says its not required. The flow chart illustrates next steps given these two responses. 33

34 Code of Maryland Regulations COMAR (e) Following initial soil disturbance or redisturbance, permanent or temporary stabilization shall be completed within seven calendar days as to the surface of all perimeter controls, dikes, swales, ditches, perimeter slopes, and all slopes greater than 3 horizontal to 1 vertical (3:1); and fourteen days as to all other disturbed or graded areas on the project site.. The requirements of this subparagraph do not apply to those areas which are shown on the plan and are currently being used for material storage, or for those areas on which actual construction activities are currently being performed or to interior areas of a surface mine site where stabilization material would contaminate the recoverable resource. If the inspector said stabilization isn t required then you call CEDS or a RiverKeeper to get a second opinion. You learn that this section of State law requires stabilization of idle, exposed soils within 14 days following initial exposure. You call the inspector s superior to explain the difference of opinion. If she blows you off too then contact your county councilman or county commissioner. If they fail to act as well yet you remain convinced stabilization should occur, then its time to initiate a more aggressive strategy. 34

35 Aggressive Political Action Has a clearly defined end game; Targets key decision-maker; Perceived as reasonable; Escalates quickly; Includes interim cinch-fights; Never concedes defeat; and Shows target solving the problem is their best option. This slide shows the characteristics of a good aggressive strategy. In this case the end game could be stabilizing the one site or improving stabilization on all construction sites within the county or city. The target should be the chief elected official: a county executive, mayor or county commissioner president. Since you re demand is compliance with an important law, most will perceive your effort as reasonable. The cinch-fight could be getting a portion or all of the one site stabilized. Far too many citizens give up after the first tactic or two. The key to success is convincing the target that the future holds only one outcome: More voters viewing them as unresponsive, ineffective until they solve the problem. 35

36 Aggressive Political Action Components Research; Position letter; Media coverage; Linkage; Mass event; Electorate memory; then Legal action. This slide shows the components which make up most good aggressive political campaigns. First research technical solutions to make certain you re advocating something that really works. Also research targets to make certain you focus on someone who truly has the power to make your end game happen. Next, put your case down in a letter so everyone can see that your acting reasonably and the law is behind you. Send the letter to the target, all organizations and secondary decisionmakers supportive of your cause, and the media. If the target fails to act then use linkage to expand the number of groups and voters supporting your position. Make it clear these voters will be reminded how the target acted just before the next election. If the target still doesn t act then consider a confrontational tactic, like announcing you and others will spread straw on the site next Sunday if the target doesn t get it done. 36

37 Legal vs. Political Action Generally legal action should be your option of last resort. The reasons are: Its expensive. For what a typical law suit costs you can get a good candidate elected to a local office. Targets will use the litigation as a reason not to discuss the issue. Litigation provides little opportunity for new leadership to emerge. Litigation tends to perpetuate the myth that the way you win enforcement battles is in the courts, which may be true in some instances, but not most. When compared to the political action described previously, legal action is far less effective in educating the voters. Legal action also tends to take much longer to produce a victory. However, there are situations where THE best option is litigation, particularly where a precedent can be set. For example, the US Supreme Court decided five environmental citizen suits which have been cited as authority in the federal judicial system more than 10,000 times. 37

38 Solving Other Problems 1. Research what works; 2. Determine reasonable outcome; 3. Approach the responsible party; 4. Organize beneficiaries; 5. Identify key decision-maker(s); 6. Make positive ask; then 7. Initiate aggressive strategy. So what about problems that do not violate existing law and require that you rely upon your powers of persuasion. Let s use cattle with free access to a stream. Your research shows one solution is to provide an off-channel water source and fence off the stream. You also learn that there s funds available for defraying the cost to the farmer. Your next step could be contacting the farmer if you or a friend knows him. If not then the contact could come through the local SCD. If the farmer blows you off but you still feel the problem needs to be solved, then consider making it part of a larger campaign. For example, if a waterway has coliform levels which make it unsafe for swimming and Bacterial Source Tracking shows livestock are the cause, then consider a Let s help the farmer campaign based on an escalating strategy. 38

39 Let s s Support Our Farmer Neighbors The campaign would be built around the reasonable and positive message of We know those who farm in our watershed want to do the right thing, but times are tough and they need help. Won t you join with us and others who would benefit from a cleaner creek in urging government to provide the assistance needed to keep cow manure out of the water we swim in? The campaign would escalate with monthly updates on bacteria levels due to livestock and new sound bites on adverse health effects. Mass events such as a field day to install fences and watering facilities on one farm could be used to escalate public attention. The positive nature of the campaign would focus considerable attention on the farm owners and agencies to fix the problem. The campaign would also show the near waterfront home owners how to reduce their pollution contributions. I d like to stop at this point and ask about your experiences with these or similar strategies. 39

40 The Key To Improving Clean Water Compliance Hold enforcers accountable before a politically significant constituency. Now we come to the last presentation and the most important: Preventing future problems. Throughout this workshop I ve been ringing this bell. With the next slide 40

41 The Burroughs-Vlavianos Campaign - A Great Example I d like to offer an example of how enforcers can be held accountable before a politically significant constituency. In 1985, two Anne Arundel County activists, Peg Burroughs and Lina Vlavianos, launched an 18- month campaign which produced a four-fold increase in the quality of sediment control on hundreds of construction sites throughout the County. This success was achieved solely through volunteers who used a very simply method to hold the County Executive accountable for solving a highly-visible water pollution problem. 41

42 What Makes For A Good Accountability Campaign? Targets obviously bad problem; Impacts politically significant constituency; Constituency views solving problem as directly beneficial; Reasonable solution; Law clearly requires resolution; Easily assessed by volunteers; Compelling to media; Existing supporters favorable; and Sets stage for attacking high priority problems. Peg & Lina s campaign was extremely effective, cost almost nothing, and made Anne Arundel county a leader in erosion and sediment control for several years. Their campaign had all of these elements. I believe that just about any clean water enforcement problem is amenable to this same approach. In fact, I doubt we ll see much of an improvement in the existing dismissal enforcement record until more of these campaigns are initiated. 42

43 Politically Significant Constituency Frequent voters; Campaign contributors; Central committee members; Elected officials- staff; Reporters-Editors; LTE writers; Bloggers; Not-for for-profit boards; Religious leaders; Etc. GOAL: Create the perception that your message is reaching enough voters to influence the next election. But what do I mean by a politically significant constituency? Well, earlier in this decade the Roper organization determined that most of our consumer choices are influenced by a relatively small number of people, who make up about 10% of the population. These influencers have an unusually large network of people they share ideas with on a regular basis. Political scientists then determined the same was true in their field. Savvy elected officials have long known this, which is why they focus most of their attention on that 10% - 20% of the population who vote in most elections. If you want to increase the effectiveness of your group in influencing decision-makers then I urge you to identify that 5% - 10% of the people in your watershed who are influencers and supportive of causes like the environment. Once you convince elected officials that enough of these folks are listening to you then success will come far easier. 43

44 Creating An Upper Gwynns Falls Clean Water Constituency With Whom To Begin Watershed Population Registered Voters Frequent Voters Democrats 41 years or older Democrats years old 71,566 23,183 8,867 7,649 6,741 1,222 Here s an example of how you could create a list of these EnviroFluentials in your watershed. I and 72,000 others live in the Upper Gwynns Falls watershed. About a third are registered to vote. Slightly more then 10% of the population voted in all four of the last elections. Democrats are significantly more likely to be EnviroFluentials when compared to Republicans as are voters who are 41 or older. So my focus would be on the 9% of the watershed residents who are most likely to have influence with other and most likely to support restoration of Gwynns Falls. Voters between participate as campaign volunteers at a higher rate when compared to all other age groups, so I ve targeted these folks as well. By going through various online sources I can then identify those who live in my watershed who contribute to political campaigns, write blogs or Letters To The Editor, serve on nonprofit boards, etc. 44

45 Reaching Out To Politically Significant Constituencies While its a lot easier to communicate with 6700 people vs. 72,000 its not quite a piece of cake. When Peg and Lina did their 1980s campaign they could rely on newspapers to get their message out. But that s no longer true. It takes a lot more effort to get media coverage today. Fortunately the internet provides a means of reaching EnviroFluentials who get significantly more of their news online when compared to most other folks. The 2008 Obama campaign provides one of the best example of how to use the internet to recruit supporters and influence voters. For instance, its extremely important that a campaign have a simple entry website which entices visitors to take an easy action requiring that they leave their contact information. Additionally the campaign should make it easy for volunteers to grow by taking on more challenging tasks. The campaign must also utilize Facebook and other social networking tools. 45

46 Focus on the Visceral then the Intellectual vs. I urge you to initially focus on issues EnviroFluentials find important, not your priorities. Parents are significantly more likely to volunteer for a campaign. So rather then talking about the need to control pollution to save the aquatic environment, focus on keeping waters safe as playgrounds for our children. 46

47 Waters Next Door vs. The More Distant And rather then focusing on a distant waterway which folks may rarely visit in this case the Severn River talk about saving the streams where the children of EnviroFluentials are most likely to play; the waters nearest their homes. 47

48 Volunteer Recruitment Volunteer rate highest in 30 years; years = highest volunteer rate; More education = higher volunteer rate; Women volunteer more then men; Married people volunteer more then singles; and 44% volunteered because someone they trusted asked. The factoids in this slide come from a number of volunteer management studies. These factoids will allow you to focus your recruitment efforts on those watershed residents who are most likely to volunteer. But the most effective recruitment strategy will be to win the trust and support of EnviroFluentials since they are in the unique position of having a large network of friends who trust them. 48

49 The Lost Art of Volunteer Management If nonprofit leaders want highly skilled volunteers to come and stay, they need to expand their vision of volunteering by creating an experience that is meaningful, develops skills, demonstrates impact, and taps into volunteers abilities and interests. Holding on to these EnviroFluential volunteers is not effortless. In fact it will take considerable effort on your part. But the reward is something which is difficult to buy. A network of supporters large enough to influence elections and thereby solve problems other wise beyond your reach. 49

50 Proactive Clean Water Campaigns As the number of EnviroFluentials in your watershed grows so will your ability to pursue the less visceral and thornier problems. For example, all Maryland counties are required to add a Water Resources Element to their master or comprehensive plans. The enabling legislation and guidance calls for local governments to adjust zoning to prevent future development from pushing impervious area beyond critical thresholds. But no county has thus far applied this approach at the subwatershed level where it really counts. The WRE provides what could be a great organizing opportunity for those concerned about watershed development impacts. A number of you asked about septic systems in your e- mails and survey responses regarding this workshop. Widespread support among the EnviroFluential residents of your watershed would greatly increase the likelihood of upgrading many of the existing septic systems. 50

51 Before bringing this presentation to a close I d like to try a little quiz. Can anyone tell me who this is? Yes, this is John Muir. He saved Yosemite His efforts lead to national park system And he founded the Sierra Club 51

52 How about this gadfly? Edward Abbey He started out as a ranger. He left and became a well-known activist-writer and authored inspirational works like Desert Solitaire and the Monkey Wrench Gang. His activism helped preserve 90 million wilderness acres 52

53 And who is this firecracker? Barbara Mikulski Senator Mikulski started out as a social worker. In the 1970s she led the campaign to protect Fells Point from I-70. She then served as a five-term member of Congress and is on her third term as U.S. Senator. 53

54 And last but not least, who is this gal? No one knows? Well, her name is Bonnie Bick. How many of you have heard of Bonnie? None of you. Well how many have heard of Smart Growth? Quite a few of you. Bonnie led a campaign in the 1990s to save a 2,000 acre forest ten miles below Washington, D.C. The forest was proposed to become an edge city known as Chapmans Landing. Bonnie s campaign saved the forest and became the focal point for public concern regarding sprawl. Then Governor Parris Glendenning used this concern to initiate what we all know as Smart Growth as Maryland policy. Had it not been for Bonnie Smart Growth might not have gotten off the ground for another decade. 54

55 Who do these heroes have in common? Now, what do these heroes have in common? They all began as grassroots activists; They used forms of the Politically Oriented Advocacy presented during this workshop to achieve amazing things. And they went on to become highly-respected advocates. 55

56 We need more leaders, we need proenvironment think-tanks. In short we need to approach environmental activism with the same strategic, longrange approach consumptive forces have used so effectively against us. Last October I had the pleasure of speaking at a watershed conference in North Carolina with University of Illinois Law Professor Eric Freyfogle. In Eric s book he cited a number of trends that are seriously harming the effectiveness of the conservation-environmental movement. Principal among these is a lack of support for new leadership. All too often new activists come to me complaining of indifference from established watershed groups. Its almost as though nonprofit staff would rather deal with government officials, lawyers, foundation staff and even developer consultants then citizen advocates. I m concerned that future Muir s, Mikulski s and Bick s are being steered into expensive litigation where they have few opportunities to grow as leaders when compared to the approach outlined in this workshop. 56

57 Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning. Sir Winston Churchill, Speech in November 1942 Its my hope that the politically oriented approach I m advocating makes sense to you. Its also my hope that you ll urge novice activists to use this approach rather then solely pursuing legal action. In fact, every enforcement problem or other issue should be viewed as an opportunity to defeat what sometimes seems to be overwhelming forces profiting from the pollution of our waters. I am convinced that the shortest route to a healthier Bay and cleaner streams lies in seizing each opportunity and continually expanding our support among EnviroFluentials. 57

58 If CEDS can ever be of assistance contact us at , drop us an at or visit ceds.org In closing I hope you ll allow me to lend a hand helping you bring this approach to bear on issues plaguing your favorite waterway. 58

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