YAKIMA COUNTY, Wash.- The Environmental Protection Agency will investigate the Yakima Regional Clean Air Agency after a civil rights complaint was filed by the Friends of Toppenish Creek.
FOTC claims the agency pays more attention made in the Upper Valley, while Lower Valley complaints may not be investigated until the concerns resolve themselves.
“What we’ve learned is they often wait two or three days before following up on an air complaint,” says Jean Mendoza, Executive Director of Friends of Toppenish Creek. “By the time the Clean Air Agency gets to the area, there’s no odor or no air pollution. We want to push the Clean Air Agency to be more responsive to people in the Lower Valley.”
Mendoza says the language barrier between communities and the agency limits potential resources and help.
“When people in south Yakima County talk about odor in the ambient air, they do so in their native tongue,” reads a section of the complaint. “When they try to inform the YRCAA that “el aire está mal” the YRCAA staff respond to their concerns with unsupported phrases such as “that is part of living in the country” or “we are prohibited from regulating farm odors”, and that is the end of the discussion.”
The EPA accepted the complaint in late July, but in a statement, YRCAA’s Executive Director says the acceptance was procedural.
“The EPA states it is accepting the complaint because it meets four jurisdictional requirements: (1) The complaint is in writing; (2) The complaint alleges discriminatory acts that occurred in violation of EPA’s nondiscrimination regulation; (3) The complaint was filed within 180 days of the alleged discriminatory acts; and (4) The YRCAA is a recipient of EPA financial assistance,” says Marc Thornsbury in a statement.
According to FOTC’s Mendoza, this isn’t the first time YRCAA has received an official complaint.
“If person who wants to apply for a burning permit, you have to sign a certain form and it’s a legal document,” says Mendoza. “It’s only provided to people in English.”
While the section of YRCAA’s website with forms can be read in Spanish, opening the burning permits and other forms still read in English.
“The YRCAA engages anyone and everyone within its service area equally and without preference or bias,” says Thornsbury. “In addition, bilingual (English/Spanish) employees in each department (Administration, Compliance, and Engineering) ensure the Agency is able to respond to, and assist, those persons who prefer, or are only able to, communicate in Spanish.”
According to FOTC, the EPA will meet with the two parties in the coming weeks with negotiated settlements and formal investigations as possibilities.
“While there is always room for improvement, the Agency finds the claims made to be without merit and we are confident the EPA will come to the same conclusion once we have had an opportunity to respond to the allegations made,” says Thornsbury.
