In case you missed it, there have been several news stories related to environmental enforcement of late.

EPA Substantially Raises the Cost of Non-Compliance

In July 2016 and again in January 2017, the Environmental Protection Agency (EPA) bumped the cost of non-compliance.  As stated earlier this year in a post by the regulatory training company,  Lion Technology, “This is the second time in six months that US EPA has raised civil penalties; in July, the Agency published a catch-up Rule that substantially raised the fines under EPA programs…”

The details of the Civil Monetary Penalty Inflation Adjustment Rule changes are in the Federal Register notification from July 1, 2016.

Notable increases that have taken effect include penalties under the Clean Air Act (CAA) where the maximum civil penalty will increase from $37,500 to $93,750.  Also, the maximum penalties under the Clean Water Act (CWA) rise from $37,500 to $51,570.

The Safe Drinking Water Act (SDWA), Emergency Planning and Community Right-to-Know Act (EPCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) had their maximum penalties jump from $37,500 to $53,907.

These substantially-higher penalties may come as a surprise to those on the receiving end of future enforcement efforts.

Current Enforcement Notes

Federal and state enforcement efforts continue to show interest at more non-traditional sites, including retail and food-related companies.  The following are some of the recently-concluded federal cases:

  • An Agribusiness Company was fined $98,960 for Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violations.
  • A Food Company was fined $1.3 million for CAA and EPCRA violations. The settlement will also include annual independent 3rd-party audits.
  • A Paint Company will spend $14 million to clean up a New Jersey Site.

State Environmental Enforcement

As we have noted on several occasions in the past, federal focus on retail has resulted in some hefty fines (see “Environmental Enforcement Goes Retail”).  Now it appears that states are taking a cue from the federal efforts.  California’s recent enforcement efforts include Big Lots and Dollar General.

Due to what appears to be a lack of employee training, Big Lots was fined for more than $3.5 million for illegal disposal of hazardous waste into trash bins. Dollar General also lacked proper training for their employees as they were alleged to have disposed hazardous materials in their dumpsters over a five-year period.  Dollar General’s fine was $2.125 million.

This is just a quick glance at some enforcement news and efforts, but it is a reminder to us all to keep a watchful eye on changes in state and federal rules and regulations.

If you need assistance with an environmental compliance issue, including an audit/assessment, contact either Matthew Schroeder, P.E. (mschroeder@dragun.com) or Jeffrey Bolin, CHMM (jbolin@dragun.com) at 248-932-0228.