Local Enforcement

Local Enforcement

Many of you may have experienced this pattern.  Client calls and says that the municipal waste water enforcement goon stopped by and issued citations to Client for violations.  In the investigation of the violation, you discover that the violation was due to whatever and that there really was no violation.  You then also discover that to fight the citation for the violation, it will cost the Client about $10,000.00.  The Client could clear the citation with the payment of a fine and the fine, by city code, is a maximum of $2,000.00 (with no jail time).

Has the focus of enforcement shifted from a federal and state level to the local level?  If so (and even if not), how does a Client make the decisions on whether to pay the fine or fight the good fight?

The answer may depend upon the type and frequency of the violations.  As is typically the case, past enforcement history is reviewed when a permit comes up for renewal.  What may seem like a good and sound business decision now (paying a $2,000.00 fine to settle the citation rather that $10,000.00 to fight the citation) may not look so good when the regulating agency puts new onerous permit limits and requirements on the discharge permit when the permit is renewed.

More later.

As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.

 

WDJiii