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California Companies Correct Environmental Violations, U.S. EPA Reduces Fines - Businesses avoid nearly $400,000 in penalties by self-reporting violations

Release Date: 10/27/2009
Contact Information: Nahal Mogharabi, 415-947-4307, mogharabi.nahal@epa.gov

California Companies Correct Environmental Violations, U.S. EPA Reduces Fines - Businesses avoid nearly $400,000 in penalties by self-reporting violations

SAN FRANCISCO – Six California companies that voluntarily disclosed and corrected environmental violations have seen penalties waived by the U.S. Environmental Protection Agency. It’s the result of an EPA policy that has been successful in getting companies to make good-faith efforts in self-policing their own environmental compliance.

The recent self-disclosure cases had potential penalties ranging from $18,900 to $192,400 for environmental violations that the agency determined caused no serious or actual harm to human health or the environment. Altogether, the six companies avoided $381,600 in penalties.

“This is a win for communities and for the EPA,” said Enrique Manzanilla, the EPA's Communities and Ecosystems Division director for the Pacific Southwest region. “Responsible businesses take it upon themselves to check for compliance and promptly disclose any environmental violations found. If they correct them quickly, these companies often see penalties reduced – in some cases to zero.”

In the cases announced today, each company discovered the violations of the Emergency Planning and Community Right-to-Know Act on its own and reported the violations to the EPA. Because the companies satisfied all conditions of the EPA’s self-disclosure policies and there was no economic benefit gained, the EPA eliminated potential penalties.

The recent self-disclosure cases include the following California facilities:

Arnco Corporation, South Gate
Potential Fine: $34,800

Duncan Enterprises, Fresno
Potential Fine: $18,900

Grover Products Company, Los Angeles
Potential Fine: $57,600

Redman Equipment and Manufacturing, Inc, Torrance
Potential Fine: $21,900

Super Store Industries, Turlock
Potential Fine: $192,400

Synergetics, Monterey
Potential Fine: $56,000

EPA has two policies that allow the agency to reduce penalties up to 100 percent for violations that companies voluntarily disclose.

Under the EPA's audit policy, the agency may reduce penalties up to 100 percent for violations that are voluntarily discovered through an audit or management system, promptly disclosed to the agency, and quickly corrected. The policy excludes criminal acts, violations resulting in serious actual harm to public health or the environment, and repeat violations.

Under EPA’s small business policy, the agency may reduce penalties for businesses with fewer than 100 employees that voluntary discover, by any means, violations of environmental law and promptly disclose and correct them.

Federal law requires certain facilities using chemicals over specified amounts to file annual reports to the EPA and the state that estimate the amounts released to the environment, treated or recycled on-site or transferred off-site for waste management. The information is then compiled into a national database called the Toxics Release Inventory and made available to the public.

More information about the audit policy can be found at: https://www.epa.gov/compliance/incentives/auditing/auditpolicy.html.

For more information on the small business policy, go to https://www.epa.gov/compliance/incentives/smallbusiness/index.html.

For more information on the Emergency Planning and Community Right –to-Know-Act, please visit the EPA’s Web site at: https://www.epa.gov/emergencies/content/epcra/index.htm

To find information on the Toxics Release Inventory program visit: https://www.epa.gov/tri.

The U.S. EPA's environmental databases, including the TRI data, can be accessed at: https://www.epa.gov/enviro

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