Honorable Senator Robert Smith
Chair, Public Works and Environment Committee

RE: Senate Bill S. 1763

Dear Senator Smith:

I am writing you today to urge your support for Senate Bill S.1763, the Ombudsman Reauthorization Act of 2000. Just as there are "checks and balances" within our branches of government, so too should there be within our regulatory agencies. This position not only acts in that capacity, but it also provides a much needed voice to citizens aggrieved by the EPA.

As a public servant, you can appreciate the need for independence of this position from the agency it is designed to investigate. It is not only impossible to serve two masters, i.e., the people and the agency, but it is inconsistent with the role of the Ombudsman, which by definition is "to investigate complaints by private citizens against government agencies or officials". (Random House/Webster's College Dictionary 1999)

As the former Mayor of a small community in Washington state, I know only too well how desperately needed this position is. The improper handling and disposal of hazardous wastes has adversely affected our community and the livelihoods of several area farmers. Hazardous waste that found its way into "fertilizer" at sites adjacent to our Junior and Senior High Schools, and was ultimately sold to unsuspecting farmers, has caused crop damage, livestock deaths and loss of family farms. The EPA, who is charged with overseeing the manifesting of these waste materials, failed to properly interpret and enforce the law regulating the disposal of these hazardous wastes to land. Hence, our community and the farmers have no way of knowing what they have been exposed to, or what they may continue to be exposed to, without an independent investigation.

Senator Smith, if you were the complainant you would insist on nothing less than an independent, fully empowered and adequately funded Ombudsman to assist you. The people of my community, and all across America, deserve as much. I have had the misfortune of witnessing the callous disregard of the EPA against the struggles of these farmers as they fought to keep their land, and their dignity, in a community where greed dictated the cleanliness of "fertilizer". I implore you to move this bill forward and to encourage your fellow members of Congress to do so as well.

There is a backlog of complaints against the EPA, perhaps in part because "Absolute power corrupts absolutely". It's time that EPA's broad shoulders had someone looking over them. We've got the man, now let's give him the tools he needs to do the job.

Thank you for your support of S.1763. Please include my testimony in the subcommittee hearing record.

Sincerely,

Patricia Anne Martin Former Mayor, City of Quincy

Cc: Honorable Senator Wayne Allard
Honorable Representative Michael Bilirakis
EPA National Ombudsman Robert Martin
Senator Patty Murray