Senate Republicans were “playing with fire” in their actions that could have shut down the Arizona Department of Environmental Quality (ADEQ), says Sen. Carolyn Allen, R-8, sponsor of the bill to continue the agency for another 10 years.

The Senate passed the bill, S1140, on reconsideration March 24. The vote was 22-8.

Ms. Allen, who with Sens. Marsha Arzberger and Jake Flake were unable to be present for the Senate’s original 13-14 vote the day before against extending the agency, said her fellow Republicans were placing the state’s ability to enforce environmental laws in jeopardy because without ADEQ, enforcement would fall to the federal Environmental Protection Agency.

During the March 23 vote, Sen. Jay Tibshraeny, R-21, announced he was changing his vote to no, thereby putting him on the prevailing side and making way under Senate rules for a reconsideration vote. His vote made it 13-13, and Senate President Ken Bennett then voted no, saying he associated his vote with Appropriations Chairman Bob Burns, who had blasted the agency as uncooperative with the business community and his committee.

Mr. Burns earlier threatened to eliminate funding for the agency in the 2006 budget, but the Legislature restored $12.9 million from the general fund in the general appropriations bill, which is among 16 budget bills Ms. Napolitano vetoed on March 21.

“It never occurred to me the president of the Senate would be so short-sighted that he would throw in with [Sen. Robert] Burns, who has a personal grudge with [ADEQ Director Steve] Owens,” Ms. Allen told Arizona Capitol Times before the reconsideration vote.

Burns: Businesses Concerned About ADEQ

In a floor speech during the original third reading, Mr. Burns said ADEQ has “tremendous enforcement authority over the business community, including the power to levy large fines and shut down the operations of a company that violates environmental laws.

“There have been a number of industries out there that have brought to me concerns about how this agency is conducting its business,” he said. “I have been trying to get a resolution to these accusations, and I detect a reluctance to cooperate from the agency.”

“That’s not true,” Mr. Owens said March 24. He said meetings are continuing between the agency and lobbyists representing companies “that have been held accountable.”

“It’s really about enforcement against some fairly major industries represented by fairly influential lobbyists,” Mr. Owens said.

“In the past, these lobbyists have had access and influence at DEQ,” Mr. Owens said. “They don’t have that any more and have turned to the Legislature.”

Mr. Owens declined to name the industries complaining about the agency, but cited two cases where he said ADEQ cracked down hard on environmental violators.

In 2003, the agency revoked the operating permit of Innovative Waste Utilization for illegally selling chemicals to methamphetamine manufacturers, and the agency pursued record fines against Kinder Morgan Energy Partners for the pipeline break near Tucson in 2003 that resulted in a severe gas shortage in the Valley.

ADEQ has refused to reinstate the waste company’s permit, and the company has filed a lawsuit against the agency in Superior Court.

In two February letters to Mr. Owens, Mr. Burns said ADEQ has violated several state laws by its actions regarding various air, water and soil policies and issues. The agency responded that the allegations were unfounded.

Mr. Burns added that there are state laws that protect the public by preventing state agencies from “getting out of control.” ADEQ, he alleged, has violated those laws.

“I don’t know what that means,” Mr. Owens said.

In an interview, Ms. Allen said ADEQ opponents are jeopardizing the business community. “Do they want to go under EPA?” she asked. “They’re playing with fire. They are supporting those who have leaned on Burns to smack DEQ around. There has been more than ample evidence of shortsightedness down here in the Legislature.”

Governor Napolitano said the Senate was “game-playing” with ADEQ and “must have a lot of extra time on their hands right now.”

“This is a very well-run department,” she said. “It has been working very well with the business community.”

Ms. Napolitano said Mr. Owens is doing what he is supposed to.

“What I expect the director to do is to enforce the environmental standards that exist and to work with companies to resolve issues where they can be resolved,” she said. “If companies are intentionally and deliberately violating environmental standards for the protection of our drinking water, the protection of our air, that’s what the DEQ is there to deal with in conjunction with the Attorney General’s Office.”

Ms. Napolitano said a few companies have finally had to pay fines that were imposed some time ago.

“I’m sorry they’re unhappy,” she said. “They ought to pay the fine and comply with the law.” —