Total environmental compliance : a practical guide for environmental professionals / Bert P. Krages II.

Format:

Book

Author/Creator:

Krages, Bert A.

Language:

English

Subjects (All):

Environmental engineering--United States.

Environmental engineering.

United States.

Environmental law--United States.

Environmental law.

Physical Description:

197 pages : illustrations ; 25 cm

Place of Publication:

Boca Raton, Fla. : Lewis Publishers, [2000]

Summary:

Achieving environmental compliance requires knowledge and diligence. This book gives the environmental professional the background and skills they need. Total Environmental Compliance: A Practical Guide for Environmental Professionals explains how to address major aspects of environmental management to ensure compliance with environmental law. The author delves into challenging issues such as why organizations disregard compliance requirements and how to promote compliance-oriented attitudes. Other topics covered include: the aspects of permitting, design, and monitoring that must be considered to achieve and sustain compliance. The case studies illustrate actual instances where people ran afoul of environmental laws by disregarding some of the basic principles espoused in the book -- and how to avoid them.

Contents:

1 Compliance, Noncompliance, and the Enforcement Process 1

1.1 The Benefits of Environmental Compliance 2

1.2 The Risks Associated with Noncompliance 3

1.2.1 Enforcement Actions 4

1.2.2 Suspension and Debarment 4

1.2.3 Securities Enforcement 4

1.2.4 Directors and Officers Litigation 5

1.2.5 Employee Relations 5

1.2.6 Reputation and Good Will 5

1.2.7 Personal Risks 6

1.3 How Environmental Laws Are Enforced 6

1.3.1 Administrative Actions 7

1.3.2 Civil Enforcement by the Government 8

1.3.3 Civil Enforcement by Private Parties 8

1.3.4 Criminal Enforcement 10

1.4 Violations and Enforcement Decisions 13

1.5 How Environmental Lawsuits Are Resolved 14

1.6 How Settlement Considerations Affect Outcomes 16

2 Legal Liability and Attitudes Toward Compliance 19

2.1 Legal Liability 19

2.1.1 Individual Liability 21

2.1.2 Corporate Liability 22

2.2 Attitudes and the Road to Noncompliance 22

2.2.1 Attitudes Based on Ethical Shortcomings 24

2.2.1.1 Greed 24

2.2.1.2 Contempt for the Law 25

2.2.2 Attitudes Based on Erroneous Perceptions 27

2.2.2.1 Inaccurate Perceptions of Agency Priorities 27

2.2.2.2 Misunderstanding Enforcement Practices 28

2.2.2.3 Excused Noncompliance 29

2.2.2.4 Reliance on Technicalities 29

2.2.3 Attitudes Based on Personal Traits 31

2.2.3.1 Complacency 32

2.2.3.2 Sloppiness 32

2.2.3.3 Disbelief of Legal Requirements 33

2.2.4 Attitudes Involving Interpersonal Relationships 34

2.2.4.1 Fear of Management 34

2.2.4.2 Deferral 35

2.2.4.3 Vindictiveness 38

3 The Compliance-Oriented Attitude 41

3.1 What Environmental Compliance Means 41

3.2 Assuming Responsibility for Environmental Compliance 43

4 Foundations for Environmental Compliance 49

4.1 The Element of Leadership 50

4.1.1 Defining Environmental Policy 51

4.1.2 Communicating Direction 57

4.1.3 Allocating Resources 58

4.2 Establishing Environmental Competence 60

4.2.1 The Senior Environmental Officer 61

4.2.2 Environmental Staffing 63

4.2.2.1 Employee Qualifications 64

4.2.2.2 Fostering Professionalism 65

4.2.2.3 Recognizing and Dealing with Problem Environmental Employees 67

4.3 Setting Up an Environmental Compliance Program 70

4.3.1 The Monitoring and Detection Function 72

4.3.1.1 Compliance Auditing 73

4.3.1.2 Employee Reporting Programs 75

4.3.2 Discipline 78

4.3.3 Corrective Action 79

4.4 Considerations in Adopting Environmental Management Systems 80

5 Ascertaining Environmental Requirements 83

5.2 The Difference Between Legal Requirements and Enforcement Discretion 85

5.3 The Public Welfare Doctrine and How Courts View Environmental Laws 87

5.4 Dealing with Regulatory Uncertainty 89

5.4.1 Unusual Meanings 91

5.4.2 Ambiguity 93

5.4.3 Regulatory Gaps 94

5.4.4 Stays of Regulatory Requirements 95

5.4.5 Regulatory Interpretations and Guidance 96

6 Communicating Compliance Information 99

6.1 Communicating within an Organization 99

6.1.1 Reducing Uncertainty About Requirements and Responsibilities 100

6.1.2 Preparing Environmental Plans 102

6.2 Communicating with Government Agencies 104

6.2.1 Liability for False and Incorrect Communications 105

6.2.2 General Guidelines for Communicating with the Government 107

6.2.3 Compliance Certifications 108

6.2.4 Facility Inspections 110

6.2.5 Reporting Environmental Releases 112

6.2.6 Responding to Information Requests 116

6.3 Managing Environmental Documents 118

7 Designing Facilities and Processes To Enhance Compliance 123

7.1 Working with Design Teams To Encompass Compliance Issues 124

7.2 Designing Systems To Comply Under All Conditions 125

7.3 Designing Systems To Avoid Compliance Issues 127

8 Promoting Compliance Through Careful Permitting 131

8.1 Overview of the Permitting Process 132

8.2 Basic Objectives in Obtaining Environmental Permits 133

8.3 Completing Permit Applications 134

8.4 Commenting on Draft Permits 137

8.5 Appealing Permits: Some Pragmatic Considerations 144

8.6 Implementing the Final Permit 145

8.7 Permit Modifications 146

9 Measurements, Monitoring, and Their Implications for Compliance 149

9.1 Sampling Issues 150

9.2 Analytical Issues 151

9.2.1 Test Methods 151

9.2.2 Avoiding Analytical Problems 153

9.2.3 Contracting for Analytical and Monitoring Services 157

9.3 Estimating and Reporting Environmental Quantities 160

9.4 Surrogate Parameters 164

10 Compliance Assistance 167

10.1 Technical Consultants 167

10.2 Environmental Service Providers 172

10.3 Attorneys 174

11 When Things Go Wrong 177

11.1 Corrective Action 177

11.2 Continuous Improvement 180

11.3 Reporting Compliance Problems 181

11.4 Resolving Compliance Problems 184

11.5 Rebuilding after Enforcement 187.

Notes:

Includes bibliographical references (pages 189-192) and index.

ISBN:

1566703190

OCLC:

43083460