Environmental Liability and Good Faith

November 13, 2019

Enviro-Check, a new program at the Wisconsin Department of Natural Resources (WDNR), limits environmental liability for organizations that are making a good-faith effort to investigate and correct violations. Enviro-Check empowers businesses and facilities to verify proactively that they are meeting environmental requirements with a third-party assessment. Many states have similar programs; for our blog, we use Enviro-Check as an example.

There are four steps to participate in the Enviro-Check program:
Step 1 – Notify WDNR 30 days before an audit
Step 2 – Conduct Audit within 365 days of application submittal
Step 3 – Submit Report within 45 days of completing the audit
Step 4 – Take Corrective Action within 90 days of a report

Enviro-Check and guidance in other states are beneficial anytime but are especially useful when there are changes at a facility, such as staff or management turnover, replacing equipment or expanding the operations, buying or selling a business, or when new federal or state rules or regulations are announced.

Benefits to your business can include:

  • Limited liability with low or no fines for self-reported and corrected violations
  • Ceilings on the maximum cost per violation
  • Department has more flexibility to waive penalties if violations are corrected
  • Reduced risks, costs, and environmental impacts
  • Increased efficiencies and improved environmental performance
  • Increased confidence for lenders, buyers, customers, shareholders, or certification bodies

SCS Engineers’ environmental compliance teams have experience in air, stormwater, wastewater, solid waste, hazardous waste, spill prevention programs, and emergency response plans. Our auditors and engineers participate in a range of auditing scenarios from single program gap analyses to full environmental compliance audits. Our staff of environmental professionals can help you:

  • File the Notice of Intent Form
  • Conduct the audit
  • Recommend and implement corrective actions
  • Provide tools and procedures to help you stay in compliance
  • File the final audit report

To learn more about how you can have SCS as your third party assessor for WDNR’s Enviro-Check or a program in your state, contact

SCS Engineers Locations

 

 

 

 

Posted by Diane Samuels at 11:06 am