DNREC News

Aug. 21, 2000
Vol. 30, No. 252

For more information contact David Small at 302-739-4403 or Maria Taylor at 302-739-4506

DNREC WILL POST PRELIMINARY NOTICES OF ENVIRONMENTAL VIOLATIONS ON INTERNET

The Department of Natural Resources and Environmental Control (DNREC) announced today that it will immediately begin posting preliminary notices of environmental violations on the Department's Internet website. The action is the result of an ongoing review of the Department's public notification practices associated with enforcement activities.

As a result of today's announcement, DNREC will post notices once a preliminary determination has been made that an environmental violation has occurred. Although DNREC will begin issuing notices of all potential environmental violations, it does not necessarily mean that there will be follow-up enforcement action in all cases.

The notices are preliminary and will be subject to review by the Attorney General’s Office and the DNREC’s Enforcement Panel to ensure that the alleged violations can be sustained. For example, if after further review it is determined that a violation did not occur, additional enforcement action may not be necessary. Notices will also be issued to the alleged violator and to the Environmental Protection Agency (EPA).

"The public has a right to know about environmental violations as soon as we learn about them," said DNREC Secretary Nicholas A. DiPasquale. "Our priority has been, and will continue to be, bringing facilities and other violators into compliance with our laws and regulations in order to minimize impacts to public health and our environment. In some cases that may mean penalties or other enforcement actions come later in the process."

In the spring, DNREC began posting on its website notices of all administrative enforcement orders issued as a result of violations of solid and hazardous waste, water and air pollution permits, laws and regulations. Administrative orders are the result of investigations of alleged violations and include penalties, required actions to prevent future violations and other environmental improvement projects to mitigate against the impact of the violations.

DNREC will also begin posting on its website compliance information for water and air programs beginning in December and other programs by June 2001. The Department will also soon be posting all unclassified misdemeanors it issues for violations of environmental laws and regulations.

"We have been discussing this issue with EPA," added DiPasquale. "EPA staff have been asking us for a more formal process for notification of violations and we believe this approach addresses their concerns."

“The changes DNREC announced today are a big step in the right direction. We believe DNREC has an overall strong air enforcement program, and this notification provision strengthens it further by ensuring communities’ right to know when violations are discovered,” said Judy Katz, Director of the Air Protection Division for EPA’s mid-Atlantic Region.

Earlier this year, DNREC made a number of policy recommendations on enforcement activities and public notification to the Legislative/Citizens Committee on Environmental Control chaired by State Senator David B. McBride. DNREC is in the process of updating its enforcement policies and expects to implement changes by the end of the year.

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Document Number 40-01/00/08/21

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