Vermont Business Magazine The Department of Environmental Conservation (DEC) recently released its 2018 Enforcement Report, which details how DEC responded to citizen complaints and summarizes how the Department enforced environmental regulations to protect Vermonters and the lands and waters of the state. “Last year, DEC received over 2,700 complaints of alleged environmental harm. We investigate every complaint our division receives,” said Kim Greenwood, Director of the Environmental Compliance Division for DEC. “Citizens reporting alleged violations to DEC are a critical source of information and we take those complaints seriously. Whether you’re sure there’s a violation or only suspect it, call us and one of our Environmental Enforcement Officers will investigate it.”
The six most common kinds of violations in 2018 were:
- hazardous material releases involving petroleum or other fuels
- unsafe fuel tanks that pose an imminent risk
- illegal dumping
- releasing sediment or other pollution into a stream or lake
- septic system failures
- wetland violations
In 2018, the Department of Environmental Conservation (DEC) within the Agency of Natural Resources (ANR) received a total of 2,744 incidents. The Environmental Compliance Division (ECD) serves as the primary center for compliance efforts for the Department. In 2018, 1879 incidents were submitted to the Environmental Compliance Division and 865 directly to air, water and waste programs.
All complaints received by the ECD were investigated. Approximately 70% of incidents investigated in 2018 by ECD were closed with no violation identified or voluntarily corrected as generally minor violations. Approximately 6% of incidents received by ECD resulted in formal enforcement action such as compliance directives or penalties.
Of the incidents where violations occurred, 54 cases were formally prosecuted via civil citations, Administrative Orders or Assurances of Discontinuance, and resulted in $208,500 in penalties assessed for the year. This year there was one Supplemental Environmental Project in the amount of $9,000. The total costs of the administering the Environmental Compliance Division Enforcement Section were $1,286,848.
In 2018, the most common incidents (which includes complaints or violations that are self-reported to the Department) received by the Department are, in order: releases of hazardous waste materials, such as petroleum “spills”, unpermitted discharges to waters and solid waste dumping. The top categories of violations found and tracked in the Department were, in order: the release of hazardous materials, “red tagged” tanks (a new initiative for 2018), solid waste dumping, unpermitted discharges to waters of the state and wetland violations.
During 2018, several initiatives were undertaken. They include improvements made because of the Office of State Auditor Audit, the launching of the first integrated assistance and enforcement project, the creation of a new tool to address violations before they happen, an updated DEC Compliance Procedure, robust enforcement training throughout the Department and a Lean event to improve the efficiency of the issuance of press releases on enforcement actions.
The Department continued collaborative enforcement efforts with many other departments and agencies across state and federal government.
DEC’s Environmental Compliance Division responded to the complaints that alleged environmental or human health threats, identified whether violations were occurring, and assessed almost $200,000 in penalties for approximately 50 of the most egregious violations. The largest penalties were for septic system violations, unsafe public drinking water, illegal salvage yard operations, and burning structures without a permit. DEC always requires that the damage is fixed and, in the worst instances, fines those responsible for the damage.
Educating Vermonters, providing technical and financial assistance, and helping prevent violations before they occur is the most effective method of protecting the environment. Towns and businesses interested in learning how to adopt more sustainable practices, follow regulations and go above and beyond the minimum regulatory requirements can attend technical training and receive environmental grants. For more information on the environmental assistance workshops, training and materials DEC offers individuals and businesses, visit dec.vermont.gov/environmental-assistance.
To ask questions and receive information on how to comply with environmental laws call 800-974-9559. To report an environmental violation, call 802-828-1254. All calls can be anonymous. To read the 2018 enforcement report, visit dec.vermont.gov/enforcement/news.
Source: Agency of Natural Resources 3.26.2019