The Cost of Noncompliance is Now More Expensive.
On January 10, 2018, the USEPA published its annual civil monetary penalty adjustment as required by the 2015 revisions to the Federal Civil Penalties Inflation Adjustment Act. https://www.environmentallawandpolicy.com/wp-content/uploads/sites/452/2018/01/2018-00287.pdf It used to be that the USEPA adjusted penalty levels for inflation once every several years. Now, the USEAP are required to adjust the penalty amounts every year.
The inflation adjustment effects all federal environmental statutes and increase the penalties for the per-day violations and the per-violation maximums. Under the adjustment civil penalties (assessed on or after January 15, 2018, for violations occurring after November 2, 2015), for example, increase as follows: CAA: from $95,284.00 to $97,229.00; CWA: from $52,414.00 to $53,484.00; and RCRA: from $71,264.00 to $72,718.00.
Remember, the cost of compliance pales in comparison to the cost of enforcement.
More later.
As always, feel free to contact me at walter.james@jamespllc.com
WDJiii