Writing Your Comments

Brainstorm Ideas

A great way to get ideas for drafting your comments is to look at model comments previously submitted to the DEQ. For example, this 1200-C comment letter highlights many important water quality issues associated with the current 1200-C permit. Other model comments can be found on NEDC's Student Resources Site.

Every permit application will be accompanied by an ESCP which will contain a list of specific practices (BMPs) the site operator intends to implement in order to control stormwater runoff on and around the construction site, as well as to prevent erosion and sedimentation of nearby waterways.

Pay close attention to which BMPs the applicant has chosen to implement. Given the layout of the site and any special conditions present, consider whether the selected BMPs are adequate to prevent stormwater runoff and erosion.

Also, compare the benchmarks set under the proposed permit to the water quality standards set forth in the Oregon Administrative Rules at 340-041-0009 to 340-041-0036. Do you think that the benchmarks set by the DEQ are adequate to hold construction sites in compliance with statewide water quality standards?

Additional questions to consider:

• What impact could potental discharge have on existing uses of the area?
• Does the receiving waterbody already have water quality issues?
• Are the monitoring requirements sufficient to yield data which are representative of the monitored activity?
• What pollutants are associated with the construction described in the application and what health and safety concerns do these pollutants raise?
• Does the applicant provide a rationale for each BMP it has chosen not to institute?
• Is the rationale adequate?

Organize your thoughts

Comments submitted to the DEQ should be clear and concise, and as specific as possible. The agency is obligated to address particular concerns and answer specific questions posed by citizens. The DEQ does occasionally revise permits in response to concerns raised in public comments.

Address general shortfalls of the permit first, and then delve into specific concerns relating to the particular construction site for which you are submitting a comment. An effective way to flesh out specific concerns is to pose questions to the agency. If a specific provision in the permit seems inadequate to measure compliance, ask the DEQ how it can assure that the provision will require construction sites to conform to water quality standards. Equally, if the permit does not contain enough information to evaluate the construction site's pollution activity, inquire how the agency can accurately assess the pollution risk posed by the applicant's activities based on such limited data.

If you think that the permit application is strong in some ways and weak in others, be sure to commend the the agency and/or applicant for innovative technologies and preventative methods used.

Conclusion

Be sure to outline the steps you would like to see the agency take. Do you think special conditions exist so that an individual permit would be necessary? Do you think that the applicant should be denied a permit altogether? Why? A good way to conclude a comment is to suggest new protective measures that the applicant or the agency may not have previously considered.