Getting the Toxics Act Together

Gov. George Deukmejian is investing some of his political capital in an important new plan to improve California’s handling of poisonous waste.

More than 20 state agencies have overlapping or conflicting roles in the regulation, cleanup and research of toxic waste. The governor proposes to create a new Department of Waste Management to consolidate responsibility for the disposal of all waste, including hazardous waste. The new department would be responsible for the cleanup of toxic-waste sites, enforcement of various anti-pollution laws and encouragement of new technology for waste disposal.

The governor is absolutely right that changes are due. Californians generate 35 million tons of non-hazardous waste each year--waste that fewer and fewer communities want dumped in their backyards. California also produces at least 10 million tons of hazardous waste each year--”one pickup truck load of toxics for every Californian,” Deukmejian said.

There are abandoned dump sites around the state that pose substantial risks to their communities, but action is often slowed by lack of authority and accountability within state government. The Commission on California State Government Organization and Economy--the Little Hoover Commission--concluded last summer that the state had a dismal record: only two sites actually cleaned up and 3,000 sites still needing evaluation at that time. Cleanup operations do not have top priority in the Department of Health Services, where superfund programs are “dwarfed by the enormous size of the Medi-Cal program,” the commission concluded in recommending organizational changes.

So far only the barest outline of the reorganization has been sketched. The governor has pledged to submit full details to the Little Hoover Commission, which passes on all governmental reorganization, by March 11.

Several key points are to be kept in mind. It is essential that the proposed California Waste Commission overseeing the new department have a role in policy-making so that the director is held to some public accountability. It is also essential that development of new technology for waste disposal receive equal emphasis with cleanup operations. The governor must also decide how much pesticide regulation should be given to the new department and whether the State Water Resources Board, which has served the public well, should give up any of its powers to regulate water quality.

California has long been among the leaders in recognizing the problems in environmental pollution. The Legislature passed the Hazardous Waste Control Act in 1972, and created a state superfund in 1981. Now it is getting the resources as well, with a $100-million bond issue approved by the voters last fall and $200 million more in bonds to be proposed by the governor. A separate department established with firm policy goals, clear lines of accountability and the chance to recruit outstanding talent could give California the tools to go with those resources in order to provide better protection of public health.