IDEM
Matthew T. Klein, Esq.Assistant Commissioner of Compliance and
Enforcement
(317) 233-3978 [email protected]
Compliance & Enforcement
Update
Commissioner Easterly -
“Compliance first,
Enforcement second…”
Commissioner Easterly -
“IDEM must be more predictable -
No “Gotcha” enforcement…”
4 Stages of Compliance & Enforcement
Pre-Compliance
Compliance
Enforcement
Post-Enforcement
Pre-Compliance
In Your Hands
Compliance & Technical Assistance Program (CTAP)
Wastewater On-Site Technical Assistance Program (OATS)
Audit & Self-Disclose
Compliance & Technical Assistance Program
(CTAP) Confidential Compliance Assistance
I.C. 13-18-3-4 www.in.gov/idem/ctap/guidance.pdf Assistance with Self-Disclosures Small regulated entity = < 2,500 Population (317) 232-8172 / (800) 988-7901
Wastewater On-Site Technical Assistance
Program (OATS) www.in.gov/idem/water/compbr/inspections/
index.html
On-site, hands-on WWTP assistance
Phil Preston • (317) 232-8728 • [email protected]
IDEMs Environmental Audit & Self-Disclosure
Policy
Greater emphasis on this policy
www.in.gov/idem/enforcement/eo/policy/ nrp/self.html
Waive 100% of the gravity-based penalty
Compliance
Not in your hands
Generally, Municipal WWTPs inspected each year
Municipal Garages
Municipal drinking water systems
Compliance
Communicate with your inspector
Discuss potential violations and corrective measures
Address/Correct – Potential/Actual violations immediately
Compliance Initiatives:
Industrial Stormwater (Rule 6)
LUST (WHPAs/KARST)
Delinquent Fee Payments
Wetlands (TBA)
Good Press
Industrial Stormwater
Notice of Intent?
Fees?
Annual Report?
Sampling?
LUST
Wellhead Protection Area
KARST Terrain
Lack of Commitment to Remediation
Delinquent Fee Payments
Air = ?
Waste = ?
Water = ~ $70,000
Violation Letter
WWTP Compliance
200 Majors / 1600 Minors
>1.0 MGD / <1.0 MGD
Inspection rate - 70%/Year / 30%/Year
Does not include semi-publics or state facilities
WWTP Compliance Issues
Collection Systems Monitoring (I/I Problems)
Solids handling (ammonia issues)
Operator competency
Compliance Initiative - LTCPs
September 30, 2007 – 65% CSOs with LTCPs
September 30, 2008 – 75% CSOs with LTCPs
EPA Lead – Evansville, Jeffersonville, Indianapolis, Ft. Wayne, Gary, Hammond, Mishawaka, South Bend, Elkhart and Anderson
Get in line – Permit or Agreed Order (20 year limit)
Enforcement 2 Types:
Violation Letter (informal)
Notice of Violation (formal)
Effort to eliminate older cases
New cases resolved within 1 year
Enforcement Main difference is civil penalties
Civil Penalty Policy
http://www.in.gov/idem/enforcement/oe/ policy/nrp/civil.html
Enforcement Initiatives:
Auto Salvage
Delinquent Penalty Payments
> 2 Year-old Cases
New Cases = 1 Year
Audit & Self-Disclose
SEP Policy Enhancements
Bad Press
Delinquent Penalties
Air =
Water =
Waste =
Small Penalties
Bankruptcy
Enforcement Greater emphasis on adjustment factors
History of Non-Compliance (+100%)
Activity before/after the violation (+/- 50%)
Rapid corrective measures might lower your civil penalty
Auto Salvage
True Compliance/Enforcement Initiative
Unique Customer
Stipulated Penalties
Site Assessments
Fast Adoption of Agreed Orders
Time Will Tell…
Post - Enforcement
Civil Penalties may be reduced through the Supplemental Environmental Project (SEP) Policy
www.in.gov/idem/enforcement/oe/ policy/nrp/supplemental.html
Post - Enforcement
Offset up to 80% of the gravity-based portion of the civil penalty
Offsets can be as good as 2:1
6 types of SEPs
Post - Enforcement Pollution Prevention
Pollution Control
Public Awareness
Environmental Restoration
Environmental Audits
Environmental Training
Summary
Audit/Work with CTAP/OATS
Fix violations immediately
Be aware of 3 policies
Think SEPs