If your business generates hazardous waste then most likely you are already aware that if you are noncompliant with hazardous waste disposal laws you will have opened yourself and your company up to stiff fines. Many however do not realize that those fines have increased as of August 1, 2016. This means the federal government aggressively pursuing violators, and if you’re caught not it’s going to cost much more then before! Many EPA Fines for Hazardous Waste Violations Have Nearly Doubled.
Recent EPA Fine Increases
Beginning August 1, 2016, the EPA (Environmental Protection Agency) officially raised the maximum civil penalties for certain violations of EPA regulations or environmental law.
The process began on November 2, 2015. On that date, President Barack Obama signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Among other things, this adjusted penalty rates to accommodate for inflation and attempted to make the financial penalties more severe in order to discourage noncompliance.
RCRA Hazardous Waste Fines
One area where fines are becoming even more stringent is with RCRA law. Prior to this increase, the maximum civil penalty for a RCRA violation was $37,500—per violation, per day. That’s already a massive fine, but after this rate increase, it’s now $70,117 per violation, per day.
Other Relevant Fines for Improper Handling of Hazardous Material
RCRA isn’t the only law that experienced significant fine hikes. The following are several laws and their corresponding fines (previous and current):
- Clean Air Act
-Previous: $37,500
-Current: $93,750
- Clean Water Act
-Previous: $37,500
-Current: $51,570
- Federal Insecticide Fungicide and Rodenticide Act
-Previous: $7,000
-Current: $18,750
- Safe Drinking Water Act; Emergency Planning and Community Right-to-Know Act; Comprehensive Environmental Response, Compensation, and Liability Act
-Previous: $37,500
-Current: $53,907
*Fines for violations of the Toxic Substances Control Act were unaffected. They remain the same at $37,500.
Violations Prior to August 1, 2016
So, these new financial penalties actually went into effect on August 1, 2016. Does that mean the new fines apply to all violations starting from August 1, 2016, on?
No! These new rates can be applied to any and all violations that occurred from November 2, 2015, on.
The industry you are in or the size of your organization will keep you from paying these high fines. No matter your EPA generator status—whether that be small quantity generator or large quantity generator—you must still comply with these regulations or face the financial penalties. This is equally as true for for auto body shops as it is for dry cleaners as it is for manufacturers.
