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Page 17 of 24 |
I recently was nailed by the epa for violation of the clean air law. What action will the epa most likely take? |
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It is impossible to predict how the EPA will deal with any particular violation of the environment laws. In general, however, what type of response is most appropriate will depend on the circumstances of your case, your willingness to cooperate, the severity of the situation, and any unusual or mitigating factors. What options are available to the EPA also varies under the laws EPA administers.
The options available include:
Civil actions: most environmental laws authorize the EPA through the Department of Justice to file a lawsuit in federal court to obtain civil penalties and/or appropriate injunctive relief against violators. Your permit can be suspended or revoked, you will be required to take steps to correct the violation, and you will be subject to hefty penalties. The penalties are not a modest "slap-in-the hand": they are at least equal to the costs a company saved by not complying with applicable requirements or imposed as a per-day charge (up to a hefty $50,000 under some acts) or per violation.
Criminal action: criminal prosecution is usually reserved for the more flagrant violations and disregard of environment laws (such as "midnight dumping" of hazardous wastes) and deliberate falsification of documents or records. Criminal violations may be either misdemeanors or felonies, punishable by substantial fines (i.e. up to a maximum of $250,000 for an individual or $500,000 for a corporation) on a per-day or per-violation basis, or both) and, in addition, jail terms for corporate executives.
Administrative enforcement action: this involves only the administrative agency, not the courts, and can range from informal advisory notices or warning letter, advising the manager of a facility what violation was found, what should be done to correct it, and by what date to a more formal legal order compelling the recipient to take some corrective action within a certain time. For example, in cases of minor violations, a state inspector might issue a simple warning notice or on-site complaint. If a person does not correct the violation, EPA may go to court.
Optimally, the goal is to work together to remedy any problems identified. While the above is, certainly, in the repertoire of the EPA and state officials, alternatively there are other enforcement tools, ranging from a show-cause meeting to a settlement conference with the enforcement personnel to negotiate an resolution.
In addition to EPA fines and penalties, state and local environmental statutes, regulations, and ordinances, whether enforced by public agencies or through private citizens’ suits, can also give rise to the assessment of civil penalties. States and local agencies can file separate actions in courts to force state compliance. |
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