With apparent increased frequency, companies that you might not consider as potential sources of environmental or health and safety violations are on the receiving end of enforcement action.
For example, earlier this year we discussed environmental enforcement in the service industry, including enforcement at the popular food retailer, Trader Joe’s. Last fall, we provided information on EPA’s focus on Health Care Providers, and in late 2014, we reported about EPA’s enforcement efforts at Lowe’s Home Improvement. The most recent example of this enforcement at service-related companies is the joint enforcement action by the US Environmental Protection Agency (EPA) and the Department of Justice (DOJ) against Sears Home Improvement Products, Inc.
In the September 28, 2016, News Release by the EPA, they state:
“The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced a settlement with Sears Home Improvement Products Inc. that resolves alleged violations of the federal Lead Renovation, Repair and Painting (RRP) Rule for work performed by Sears’ contractors during home renovation projects across the country. Under the settlement, Sears will implement a comprehensive, corporate-wide program to ensure that the contractors it hires to perform work minimize lead dust from home renovation activities. Sears will also pay a $400,000 civil penalty.”
The EPA and DOJ have enforced environmental regulations at a variety of companies, including retail companies (Image Credit: USDOJ).
None of this is to suggest that the EPA/DOJ has abandoned enforcement efforts at companies that have traditionally been under the regulatory microscope. For example, on September 30, 2016, the EPA/DOJ announced a significant settlement with Southern Coal Corporation. The settlement includes $5 million in required water-treatment upgrades, a $4.5 million “letter of credit,” and a $900,000 civil penalty.
Future Environmental Enforcement and Staying Prepared
With few exceptions, companies across virtually every industry sector have to be concerned with environmental compliance. While the EPA has been open about some of their broader enforcement initiatives, it is difficult to predict where and when federal or state enforcement initiatives might occur.
Finally, because disgruntled employees and unhappy neighbors can easily and anonymously report environmental violations (real or perceived), your human resources and public relations play an increased role in reducing the likelihood of an inspection by a regulator.
If you have questions or require assistance with environmental compliance, assessment, or remediation matters, contact Matthew Schroeder, M.S., P.E. (mschroeder@dragun.com) or Jeffrey Bolin, M.S., CHMM (jbolin@dragun.com) at 248-932-0228.