Silvertree
February 1st, 2010, 11:25 AM
How Is My Compliance Determined, and What Happens if the
Agency Discovers a Violation?
To maximize compliance, EPA implements a balanced program of compliance assistance, compliance incen*
tives, and traditional law enforcement.
EPA knows that small businesses that must comply with complicated
new statutes or rules often want to do the right thing, but may lack the requisite knowledge, resources, or
skills. Compliance assistance information and technical advice helps small businesses to understand and
meet their environmental obligations.
Compliance incentives, such as EPA’s Small Business Policy, apply to
businesses with 100 or fewer employees and encourage persons to voluntarily discover, disclose, and cor*
rect violations before they are identified by the government (more information about EPA’s Small Business
Policy is available at www.epa.gov/compliance/incentives/smallbusiness/index.html). EPA’s enforcement program is aimed at protecting the public by targeting persons or entities who neither comply nor cooperate to address their legal obligations.
EPA uses a variety of methods to determine whether businesses are complying, including inspecting work
sites, reviewing records and reports, and responding to citizen tips and complaints. Under TSCA, EPA (or a state, if this program has been delegated to it) may file an enforcement action against violators seeking
penalties of up to $32,500 per violation, per day. The proposed penalty in a given case will depend on many factors, including the number, length, and severity of the violations, the economic benefit obtained by the violator, and its ability to pay. EPA has policies in place to ensure penalties are calculated fairly.
These policies are available to the public. In addition, any company charged with a violation has the right to contest EPA’s allegations and proposed penalty before an impartial judge or jury.
EPA encourages small businesses to work with the Agency to discover, disclose, and correct violations.
The Agency has developed self-disclosure, small business, and small community policies to modify penal*
ties for small and large entities that cooperate with EPA to address compliance problems. In addition, EPA
has established compliance assistance centers to serve over one million small businesses (see Construction
Industry Compliance Assistance Center for information regarding this rule at www.cicacenter.org). For more information on compliance assistance and other EPA programs for small businesses, please contact EPA’s
Small Business Ombudsman at 202-566-2075.
Agency Discovers a Violation?
To maximize compliance, EPA implements a balanced program of compliance assistance, compliance incen*
tives, and traditional law enforcement.
EPA knows that small businesses that must comply with complicated
new statutes or rules often want to do the right thing, but may lack the requisite knowledge, resources, or
skills. Compliance assistance information and technical advice helps small businesses to understand and
meet their environmental obligations.
Compliance incentives, such as EPA’s Small Business Policy, apply to
businesses with 100 or fewer employees and encourage persons to voluntarily discover, disclose, and cor*
rect violations before they are identified by the government (more information about EPA’s Small Business
Policy is available at www.epa.gov/compliance/incentives/smallbusiness/index.html). EPA’s enforcement program is aimed at protecting the public by targeting persons or entities who neither comply nor cooperate to address their legal obligations.
EPA uses a variety of methods to determine whether businesses are complying, including inspecting work
sites, reviewing records and reports, and responding to citizen tips and complaints. Under TSCA, EPA (or a state, if this program has been delegated to it) may file an enforcement action against violators seeking
penalties of up to $32,500 per violation, per day. The proposed penalty in a given case will depend on many factors, including the number, length, and severity of the violations, the economic benefit obtained by the violator, and its ability to pay. EPA has policies in place to ensure penalties are calculated fairly.
These policies are available to the public. In addition, any company charged with a violation has the right to contest EPA’s allegations and proposed penalty before an impartial judge or jury.
EPA encourages small businesses to work with the Agency to discover, disclose, and correct violations.
The Agency has developed self-disclosure, small business, and small community policies to modify penal*
ties for small and large entities that cooperate with EPA to address compliance problems. In addition, EPA
has established compliance assistance centers to serve over one million small businesses (see Construction
Industry Compliance Assistance Center for information regarding this rule at www.cicacenter.org). For more information on compliance assistance and other EPA programs for small businesses, please contact EPA’s
Small Business Ombudsman at 202-566-2075.