Public Comment Periods

 

Up until about 1990 if you were a Power Wash Contract Cleaner it was best not to know or be seen by Environmental Regulators.  Out of site and out of mind was the best line of compliance with Environmental Regulators.  Ignorance was a positive state of mind.  After the Clean Water Act was passed in 1972 on one was for sure how it was going to be implemented or enforced!  Politics, jealousy between regulators, public and special interest group values, and economic revenue steams would all play a major role in the interpretation and enforcement of the Clean Water Act!  If you had been watching this development since about 1967 everything is basically happening in a logical sequence.  If you understand the history and development of the Clean Water Act and this “particular moment in time” then working with “Environmental Mobile Power Washing” is a lot easier and profitable.

 

When communities or governmental agencies develop new ordinance they generally hold a “Public Comment Period” where they solicit comments from the public, business, industry, experts, and other governmental agencies.  This is a common practice.  Interested parties can have the greatest amount of influence with the least amount of effort during these “Public Comment Periods”. 

 

The biggest example of this in the Mobile Power Wash Industry is the Mobile Power Washing Environmental Protection and Compliance Conference sponsored by Rahsco Cleaning Systems of Fort Worth for the Dallas/Fort Worth Metroplex on July 17, 1995.  A proposed code had been written for the Mobile Power Wash Industry that was not friendly or made a lot of sense by the City of Fort Worth.  It had been greatly influenced by the “Coin-op Car Wash Industry” and “The Liquid Waste Haulers” (Sand Trap Services).

 

Robert M. Hinderliter knew that he was not a political person having never been involved in politics seldom voting except for Presidential Elections.  After visiting with city of Fort Worth officials Robert knew that the code would essentially shut down the Mobile Power Wash Industry.  The City of Fort Worth agreed to extend the comment period until August 5, 1995 if Rahsco Cleaning Systems would Sponsor a Mobile Power Washing Environmental Protection and Compliance Conference.

 

Over 40 Governmental Regulators and 100 Contract Cleaners attended the Conference.  It resulted in an ordinance that was logical, reasonable, and effective for protecting the Environment and good for business.  The ordinance was passed by City Council and became effective January 2, 1996.  Since that time detergents in the storm drains have decreased from 50% to less than 14%.

 

On March 1, 1996 Rahsco Cleaning Systems of Fort Worth mailed out the Ordinance to all Phase I cities as an example of excellent ordinance that was passed by city council.  Today it is up of the EPA’s website as a guide for other municipalities.

 

As a result of:

 

  • The July 17, 1995 Environmental Compliance Conference
  • Fort Worth implementing the code on January 2, 1996
  • Rahsco mailing the Fort Worth Code out to all phase one cities
  • Rahsco posting the Fort Worth Code on their website at www.dcs1.com
  • The EPA posting the Fort Worth Ordinance on their website

 

The language and style of the majority of regulations developed since then reflect the influence of that code.  Many regulatory agencies have consulted with Robert during the development of their codes.  When Robert was developing the PWNA Environmental Certification Course he was explaining who he was to BASMAA.  They replied in mid conservation “Mr. Hinderliter we know who you are.  What do you want?”

 

It is significant to note that Robert’s first choice for sponsoring Fort Worth’s Mobile Power Washing Environmental Protection and Compliance Conference and mailing out the Fort Worth’s Ordinance to all Phase I cities was PWNA.  Also Robert proposed PWNA adopting Oregon’s statewide program for Mobile Power Wash Contract Cleaners developed by Raj Kapur, an Oregon Permit Writer.  PWNA’s Politics and jealousy killed both of these proposals.  The only choice left was for “Rahsco Cleaning Systems of Fort Worth” to sponsor these efforts.  A lot of Robert’s work in on individual basis has been because PWNA, CETA, and IKECA would not adopt Robert’s proposals and the only choice left was to do them as “Robert M. Hinderliter” and “Rahsco Cleaning Systems of Fort Worth”.  Note:  PWNA was founded only because CETA and IKECA would not open up their membership to all “Mobile Power Wash Contract Cleaners”.  This was a 3-year effort led by Robert that resulted only in failure.  Hence, Rahsco Cleaning Systems of Fort Worth founded PWNA in 1992.

 

I was asked by the Board of Directors of PWNA to develop an Environmental Mobile Power Washing Program because I had developed such a program for “Rahsco Cleaning Systems of Fort Worth” and had been teaching it for about 10 years.  Robert and Larry Hinckley, Senior Technical Advisor of Rahsco Cleaning Systems of Fort Worth, reviewed PWNA Environmental Program.  Larry recommendation to Robert was to throw out PWNA’s existing program and expand the Rahsco Program to encompass the entire industry.  After several false starts and many hours of research this was finally what was done.

 

The Environmental Mobile Power Washing Boot Camp was based on “reality of enforcement”.  In other words what Mobile Power Wash Contract Cleaners are actually doing and need to know to comply with the Clean Water Act and not a literal interpretation of the Clean Water Act.  A literal interpretation of the Clean Water Act was what PWNA’s first Environmental Certification Course was based on.  The author followed these guidelines, which resulted in financial failure.  They did not understand the principal of “risk management”.

 

In developing PWNA’s program I ask Pete Marentay to research the Internet and find out what different contractors were doing and any new regulations going into effect to add to Rahsco’s knowledge.  Pete forwarded to me the Internet Posting by Mark McIntyre on Power Wash Network’s BBS.  I immediately recognized this as probably being in the “Public Comment Period”.  I call Sacramento and found out that the period had just closed.  I requested a copy of the Proposed Regulation from an executive assistant, which was forwarded to me by Email.  I reviewed the proposed Regulations that day and returned them with my comments that evening as Environmental Chairman of PWNA even though the “Public Comment Period”. 

 

After reviewing my comments Mr. Robert White (Manager Sacramento County Business Environmental Resource Center) told me my comments would be accepted but only as Environmental Chairman of PWNA and not as President of Rahsco Cleaning Systems of Fort Worth because Rahsco was out of his area of jurisdiction.  The “Public Comment Period” was extended and BERC accepted comments from PWNA and two more local contractors.  BERC was very interested in receiving comments from a National Trade Organization on their proposed BMPs.  BERC responded just as Fort Worth did in extending their “Public Comment Period” if there was a significant reason to do so!

 

A meeting was arranged for future discussions on the Proposed Ordinance between Mr. Robert White (Manager Sacramento County Business Environmental Resource Center) and Robert M. Hinderliter, Environmental Chairman of PWNA.  Mr. White allotted 2 hours of his time for discussions with PWNA.  Two additional major items were discussed in detail that was not accepted by BERC.  They were:  1) adopting the BASMAA “Pollution Prevention Voucher” program and requiring the vouchers to be on file with the Contract Cleaner and his customer for 3 years to stabilize compliance and enforcement of the regulations and 2) adopting the Fort Worth’s permitting fee structure which included an automatic discharge permit to the sanitary sewer for cosmetic cleaning at a cost of $50.00 per year for the first power wash rig plus $25.00 per year for every additional power wash rig.  After 7 years Fort Worth’s POTW still cannot detect any discharges for the Power Wash Industry.  This is very significant because POTWs normally have a coronary at the thought of accepting discharges from Cosmetic Mobile Power Wash Contractors.  See Rahsco Posting of Fort Worth’s Ordinance at http://www.dcs1.com/del/delpg5/fterpt.html

 

Applications for Phase II NPDES permits are due March 10, 2003 from owners of all MS4s located in urban areas (UA’s) with a population over 10,000 persons. These requirements have to be fully implemented by March of 2005.  This will affect over 5,000 urban areas and regulation of Cosmetic Mobile Power Washing is a requirement.  PWNA is now at a unique moment in time right now.  If they take advantage of this opportunity PWNA can have a significant impact on how the regulations are going to be implemented and enforced with minimum effort through “Public Comment Periods”. 

 

To take advantage of the “Public Comment Periods” PWNA needs to reference 11 years of successful Environmental History that its membership has experienced and successful regulations that are in place.  If the debate reverts back to 1992 to the techniques of Cosmetic Power Washing all will be lost.  Techniques have already been developed and past the test of time.

 

What PWNA is presently proposing is:

 

  • If they want an ordinance follow the Fort Worth Ordinance and reference Mr. Brian Camp, Jr.  Posted at http://www.dcs1.com/del/delpg5/fterpt.html
  • If they want a BMP follow the Sacramento’s BMP’s and reference Mr. Robert White.  Posted at http://www.pwnabbs.org/documents/sacramentobmps.htm
  • Recommend they adopt BASMAA’s “Pollution Prevention Voucher” with a 3 year on file requirement.  (Note: To date only one authority has done this.)

 

Mr. Camp and Mr. White have agreed to accept phone calls from other Environmental Regulators about their ordinances and be referenced by PWNA.  Note:  Mr. Camp has served in this capacity for about 10 years now for PWNA and Rahsco Cleaning Systems of Fort Worth.

 

Generally Regulation Authorities and Permit Writers will follow successful examples and resources.  Small variances will be made for local implementation.  These small variances are where local contractors can make a difference and have some influence.  The PWNA Environmental Boot Camp and Course are designed to give the contract cleaner the tools they needs to influence local regulations, comply with the Clean Water Act, and take advantage of “Public Comment Periods”.

 

Personal Opinion of Robert:  I believe that every member of PWNA should take the Environmental Certification Training.  Over 30 companies and regulation authorities contributed to the PWNA Certification Course.  There is no way that any one person can have the depth of knowledge that is presented in the course except by attend class.  After attend the course you will increase your effectiveness with local regulators, complying with the clean water act, and taking advantage of “Public Comment Periods”.  It is the same principal as an Attorney, CPA, or a Medical Doctor being required to attend continuing education courses in order to keep their license.   I can be contacted at robert@dcs1.com, 817-625-4213, or 800-433-2113.

 

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