EXPOSED: The 7 Environmental Infractions Most Commonly Levied Against Missouri Manufacturing Plants By the DNR & EPA

Avoiding The Dreaded “NOTICE OF VIOLATION” - Simple Steps You Can Take

In my 22 years of experience working for the Missouri DNR, I noticed a repeating pattern with manufacturing facilities who were getting thrown into the hot seat over 7 common compliance mistakes. 

It’s almost as if the entire dialogue was taken off of a movie script...

A facility would receive a dreaded “NOTICE OF VIOLATION” letter in the mail. An upset manager would call the DNR stating he or she had no idea the environmental law they broke even existed. Then, they would claim they were being targeted or victimized by the “heavy-handed” regulatory agency for some unknown nefarious reason.

It never failed. 

Ironically, the real-world scripted response given by the DNR enforcement staff each and every time was always the same: “Ignorance of the law is not an acceptable excuse”.

Understandably, many facility managers and small business owners think it is impossible to keep up with all of the “random” DNR & EPA regulations. In their eyes, it is a work in futility. Sweeping it all under the rug seems to be the de facto strategy for those that don’t decide to proactively deal with it, and that always leads to the enforcement hot seat.

Truth be told, it is an extremely challenging and daunting task to research and understand all of the environmental laws and rules that govern various manufacturing installations. It can be intimidating, overwhelming, and downright depressing.

But there is good news!

I’ve always been a big believer in the strategy of reverse-engineering problems. It’s a much more manageable and efficient way to solve complex issues. Reversing the process could help you to start down the pathway of becoming an expert with environmental compliance.

Let me explain why…

Since I noticed that the majority of violations were based on the same 7 common infractions, studying this list could be a better starting point rather than diving into the entire Code of State Regulations head-first. It’s like looking up the answers to the math questions in the back of the textbook back when you were in high school.

Having a better understanding of the most common enforcement occurrences might help you avoid getting into hot water in the future. So with no further adieu, here are the top 7 environmental infractions that the DNR and EPA levy against manufacturing installations:

1. Failure to Obtain Permits: Manufacturing plants must obtain the necessary permits for their operations BEFORE construction or expansion of the facility, including permits related to air pollution emissions. Failing to obtain these permits or not renewing them on time can lead to notices of violation and fines.

2. Noncompliance with Emission Limits: Manufacturing plants are required to comply with specific emission limits set by state environmental agencies and the EPA, especially when dealing with processes that involve hazardous air pollutants (HAPs). Exceeding the limits for dust, VOCs, HAPs, and products of combustion can result in violations and penalties.

3. Inadequate Monitoring and Reporting: Even if a facility has properly obtained a construction permit, there may be ongoing monthly & yearly tracking requirements listed in the permit as special conditions. This can also include monitoring requirements. Accurate monitoring and reporting of air pollution emissions are crucial for compliance. Failure to properly monitor emissions or submit required reports can lead to notices of violation and fines.

4. Improper Handling and Disposal of Hazardous Waste: Manufacturing plants can generate hazardous waste as part of their operations. This can also include a separate category of regulated non-hazardous “special wastes”. Improper handling, storage, or disposal of hazardous waste can result in violations and penalties.

5. Failure to Implement Pollution Control Measures: Some of the larger manufacturing plants that have significant levels of regulated air pollutant emissions are expected to implement appropriate pollution control measures to minimize their environmental impact. Neglecting to install or maintain pollution control equipment can lead to notices of violation and fines.

6. Lack of Employee Training and Awareness: Adequate training and awareness among employees regarding environmental compliance are essential, and required by law. Failure to provide proper training or ensure employee compliance with environmental regulations can result in violations and penalties.

7. Neglecting to Conduct Regular Inspections and Maintenance: This could be one of the easiest aspects of compliance to implement. However, many facilities still get tripped up over this category when compliance could be as simple as keeping a log book. Regular inspections and maintenance of equipment and pollution control systems are necessary to identify and address any issues promptly. Neglecting these activities can lead to violations and fines.

Rather than putting off environmental compliance until you get a “NOTICE OF VIOLATION” letter and a big fat fine, this headache can be easily avoided by taking these steps:

1. Study the list of infractions listed above, and research actual cases that have occurred in the past with facilities related to your own.

2. Appoint a lead worker at your facility to look into all areas of the operation that could have vulnerabilities related to these infractions, and to serve as a company contact or environmental compliance designee.

3. Have your environmental manager or lead worker research and identify all rules within the Missouri Code of State Regulations (CSR) and the Code of Federal Regulations (CFR) that could apply to your facility.

4. Create a proactive compliance plan that can be made readily available should an inspector from the Missouri DNR or USEPA show up unannounced at your front door.

5. EXPECT a visit from environmental regulatory agency representatives even if you’ve never had a surprise inspection in the past.

To conclude…

You can avoid unnecessary fines and notices of violation by simply planning ahead. Don’t forget that ignorance of the laws & rules is not an acceptable excuse to regulators. It won’t get you off the hook.

Take the effort to get ahead of this now, rather than later. Besides, environmental compliance is your responsibility, and it should be incorporated into your facility’s normal business operations.

While it might seem to be a chore that takes valuable time away from running your business, view it not only as a necessity, but as something that can actually improve your facility’s efficiency and help you meet your bottom line.

And remember, you can press the “Easy Button” to shortcut the entire process by reaching out to me. Strategic Regulatory Compliance Consultant Agency is just a phone call away, and you can leverage my experience!

Carlton Flowers
Environmental Consultant, SRC

Regulatory Fines for Compliance Infractions - My Advice for a Positive Outcome

A BALANCED VIEW FOR FACILITIES & REGULATORS

A good topic that is guaranteed to fire off robust conversation would be EPA and DNR fines for environmental compliance infractions. Regulated facilities within the manufacturing, agricultural, and construction industry sectors are the most commonly affected.

In this post we’ll discuss both sides of the equation, and how the levying of fines can actually open up the opportunity for a collaborative effort that ends well for all parties involved.

Facility managers and small business owners often feel as if they are being unfairly and unmercifully punished when a notice of violation comes in the mail accompanied by a potentially financially-crippling fine. But while many might feel that the fines can be heavy-handed or unfair on behalf of the regulatory agencies, there is one simple reason why they feel such legal action is a necessity…

To get your attention.

In my experience, I don’t believe it is the intent of the EPA and DNR to cripple facilities or hinder the business community by levying fines. I also don’t believe agency fines are levied just to exercise their regulatory power.

Whenever a penalty comes into play, it is usually the last step of a process that culminates over many months or years. A fine is issued when the regulatory agency feels it is necessary to protect human health and the environment, and it can result from a civil or criminal enforcement action depending on the egregiousness of the infraction.

The Notice of Violation and corresponding penalty is normally issued because of an imminent threat to residents or employees at a particular installation, or to the surrounding ecosystem. The severity of the penalty is directly proportional to the level of risk of exposure resulting from the failure to adhere to the law & rules. Typically, this is the last action after a series of attempts get the attention of a facility fails.

After a fine has been issued for an infraction, from my experience, a line is usually drawn in the sand separating the facility and the regulatory agency. At this point, a struggle often ensues where the facility managers and the regulators argue over the validity and necessity of the fine. This can lead to unnecessary litigation and a significant amount of time and money wasted on settling the issue.

A more productive way to handle these situations is to view them as an opportunity for the regulators and the regulated to come together for the purpose of understanding one another. The great majority of the time, facilities want to do what’s right but just don’t know how.

In the “real” world, facilities have to deal with so many regulatory agencies that compliance with one in particular can slip through the cracks. On the other hand, regulators may not always realize that they are only one in a long list of agencies that demand the attention of facilities for compliance.

While efforts are made by regulatory personnel to reach out to facilities in non-compliance, facility managers often find themselves giving their attention to the agency that poses the biggest threat to continued operations at that time. That’s how a non-compliance situation can get to the level of penalties or fines.

If a facility shows its willingness to get back into compliance, there is hope. Also, if the regulatory agency starts with the assumption that the facility did not intend to willfully violate the law, a collaborative and productive effort to right the situation can happen. Negotiation is possible for reduced settlement of fines when open and honest communication takes place.

Anyone that has worked in private industry knows that facility managers are usually caught up in the endless daily struggle for meeting their bottom line. The pressure to keep financially afloat can be great. Often times, regulatory compliance isn’t written in to the cost of doing business.

Additionally, planning standard operating procedures that include environmental compliance may not have taken place from the jump. But when a fine is issued from a regulator, it offers the opportunity to rework their business plan and adjust priorities by bringing the issue to the forefront.

One thing that we must come to realize is that we’re all playing on the same team. Industry brings us the products and services that we as citizens need to have a comfortable living and a strong economy, and regulators are there to ensure that the production of such goods and services is carried out in the most responsible manner that protects human health and the environment along the way.

If a regulatory fine brings people together to work as a team, the outcome can be a win-win situation for all parties involved. In the end, it can help provide the framework a regulated facility needs to ensure future compliance and growth for the business as a whole.

In my next article, I’ll talk about the true cost of doing business in an environmentally safe way, and how some facilities enjoy a short-term unfair competitive advantage due to circumventing the laws & rules covering environmental compliance.

Carlton Flowers
Carlton’s Industry List