Admittedly, the exciting work in “our world” is peer reviewing complex soil and groundwater projects and providing litigation support for those projects. Emerging and developing issues such as vapor intrusion and per- and poly-flouoroalkyl substances are also real attention getters.
However, the constant (though never static) in the environmental world is environmental compliance and enforcement. It’s one of the reasons we provide monthly environmental compliance reminders.
Environmental Enforcement at What Company?
If you don’t think environmental compliance affects you and your business, you would do well to take a close look at potential application of various environmental regulations. Case in point is the recent enforcement action at DIRECTV. The provider of in-home entertainment was on the receiving end of a significant enforcement in California.
You might ask, “How large was the fine?” According to the State of California Department of Justice’s website, DIRECTV agreed to pay $9.5 million.
According to various reports, DIRECTV unlawfully disposed large volumes of batteries, electronic devices, and aerosols. This was a violation of California’s Hazardous Waste Control Laws.
The Attorney General of California, Xavier Becerra, provides the following: “As part of the settlement, DIRECTV will be required to pay more than $8.9 million for civil penalties, costs, and projects furthering environmental protection; will be bound by a permanent injunction prohibiting similar future violations of law; and will have to spend more than $580 thousand over the next five years to enhance environmental compliance at its California facilities. Additionally, DIRECTV will be required to hire an independent auditor to perform three audits of DIRECTV’s compliance with the injunctive terms of the judgment.”
Environmental Enforcement at Retail
This “type” of environmental enforcement is part of a larger trend over the past several years. That trend is a focus at more non-traditional companies. In the past, we have seen enforcement at companies such as Trader Joe’s ($2.5 million), Costco ($2.3 million), Safeway ($4.7 million), and Walmart
($6.5 million) to name a few.
We had a client several years ago who would have fallen into the category of non-traditional. Shortly after joining the company, he recognized potential reporting obligations. In consultation with both his manager and his senior team, we agreed that they did, indeed, have some potentially-significant issues to address. We were retained by the company to assist them. Fortunately for the company, this “heads-up” manager was able to stay ahead of the enforcement curve.
With environmental reporting season just around the corner (reports for Section 312 of SARA are due on March 1st), now is the time to give careful thought to what, if any, environmental reporting could apply to your facilities.
What Should You Do?
If you are not sure if federal or state regulations apply to you, call your advisors (legal and technical team) and get their input. If you don’t have an advisor, we would be honored to talk with you. There is no cost to have a discussion with one of our experienced consultants (and all discussions are confidential). There is a potential cost if the first person that talks to you is a regulator seeking more information. So if there is any question, you are encouraged to reach out to your advisors, sooner than later.
If you have any questions, please contact either Jeffrey Bolin, M.S., CHMM or Matthew Schroeder, M.S., PE. You can reach Jeff and Matt at 248-932-0228.