During the course of my environmental practice, both at EPA and in private practice, I’ve seen too many regulated companies mishandle a violation notice, notice of violation, or finding of violation (terminology varying by agency and the division of an agency).  Companies have failed to respond, have provided an incomplete response, or have provided inaccurate information.  I have seen all of these permutations lead to administrative penalties (and associated legal and consulting costs) when no penalty was necessary.

Many regulated companies are under the mistaken impression that a violation letter is the end of the enforcement process.  That is incorrect.  In truth, EPA is still in the information gathering stage and has not made a decision whether to pursue an administrative penalty.  In addition, the agency enforcement team has a significant amount of enforcement discretion in determining whether the violations observed during an inspection warrant formal enforcement (i.e., a penalty).  Thus, the response to the violation notice is of crucial importance to the agency’s decision whether to pursue enforcement and should be treated as such.

Due to the significant legal and financial impact stemming from the response to a violation notice, this is the optimal time to engage an environmental attorney.  As an environmental attorney, we are best suited to understand how given facts do or do not constitute violations and can word responses most appropriately.  Furthermore, as a former EPA attorney, I have an excellent sense for how the agency decides to pursue formal enforcement and for which violations the agency decides to pursue a significant penalty.  As a result, I can tailor a response to a violation notice such that it minimizes the risk of formal enforcement.

If you have any questions regarding EPA violation notices, contact us at 773-609-5320, info@thornenvironmentallaw.com, or through our web contact form.

Disclaimer: This article cannot, and does not, create any attorney/client or consultant/client relationship.

Stephen Thorn is joining the Chicago-Kent School of Law as an Adjunct Law Professor.  He will be teaching the Advanced Legal Writing: Environmental Law course.

In light of numerous requests, we are adding nanotechnology as a new topic to our blog.  Please check back frequently for updates, add this blog to your RSS feed (under the favorites tab in Windows Explorer), or subscibe to our weekly e-mail updates (on the right of your screen).

Few new technologies have generated as much attention and buzz as nanotechnology.  The use of nanomaterials is proposed, or already in use, for medicines, electronics, biomaterials, pesticides, and numerous other applications.  While there is no universally accepted definition, nanotechnology or nanomaterials basically refers to ultra-small molecules, typically between 1 and 100 nanometers long in one dimension.  The utility of nanoparticles derives from their extremely small size, low weights, and large surface areas.  Nano-materials may be functionalized much as any other chemical.   (more…)

Stephen Thorn has been appointed to the Environmental Law Section Council of the Illinois State Bar Association.  The Council evaluates and makes recommendations regarding existing and proposed legislation and regulations in the environmental law field.  The Council also monitors developments in the environmental law field and disseminates relevant information to other attorneys and business, industrial, government, and agricultural interests.

If you have any questions regarding the Council, contact us at 773-609-5320 or info@thornenvironmentallaw.com, or through our web contact form.

Disclaimer: This article cannot, and does not, create any attorney/client or consultant/client relationship.

On August 4, 2009, Illinois Governor Pat Quinn signed the Illinois Safe Pharmaceutical Disposal Act (the Act). The Act became effective on January 1, 2010 and is codified at 21 ILCS 150/ et seq. The act prohibits any healthcare institution from disposing of any unused medication into the public wastewater collection system or sewage system. 210 ILCS 150/10(a). All medical facilities are required to update their protocols for the disposal of unused medication. 210 ILCS 150/15.

Under the Act, “unused medications” is defined as “any unopened, expired, or excess medication that has been dispensed for patient or resident care and that is in a solid form.” 210 ILCS 150/10. These medications can be pills, tablets, capsules, and caplets. Id. Medication that is in fluid form, such as intravenous fluids, syringes or transdermal patches are not covered by the ban. Id. (more…)

EPA Administrator Lisa Jackson announced environmental justice as one the agency’s priorities for 2010.  EPA intends to focus its outreach to communities that have been historically underrepresented and on protecting subpopulations that are particularly at risk, like children.  EPA recently published interim guidance on evaluating whether a project raises environmental justice issues and recently announced Plan EJ 2014, a agency roadmap for evaluating environmental justice considerations, scheduled to go into effect on the 20^th anniversary of the original executive order (Executive order 12898 (Feb. 11, 1994)).  According to the EPA, (more…)

Many manufacturing and industrial facilities have emergency back-up generators to ensure production or safety equipment is operational during power outages.  The fuel for these generators often subjects the operator to creating and maintaining a spill prevention, control, and countermeasure (SPCC) plan for the facility.  How does a facility know if it must prepare a SPCC plan? (more…)