Get Your Checkbooks Ready!

Effective August 1, 2016, EPA implemented significant civil penalty increases. These changes will apply to all pending and future cases relating to violations occurring after November 2, 2015.  In addition, EPA said it intends to do additional inflation adjustments annually, beginning on or shortly before January 15, 2018.

For example, the maximum RCRA (solid and hazardous waste) penalty  increased from $37,500 to $40,779 per violation.  EPCRA Section 313 (Form R) maximum penalties increased roughly 63% from 2001 levels.

My takeaway from this is that it is more important than ever to have a solid environmental management program in place and conduct periodic audits to ensure the program is effective.  EPA’s e-disclosure policy provides various levels of penalty relief for self-discovered, self-reported, and self-corrected violations.  Contrary to recent rumors, the program is alive and well and not being discontinued.

Here’s a link to the EPA memo detailing all of the increases.  The specific adjustments are in Table A.  Note that OSHA is implementing a similar penalty increase.  Link

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  449. BERLIN/WINDHOEK, May 28 (Reuters) – Germany apologised
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    Nazi crimes, including the Holocaust. Sima Luipert, 52, who identified herself as of Namibia’s Nama people, said
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    “It is up to us to decide if that apology is genuine or not. “This is not about money, it is about the restoration of human dignity.” ($1 = 0.8203 euros) (Reporting by Caroline Copley in Berlin and Nyasha Francis in Windhoek; Editing by Robert Birsel and Catherine Evans)

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