Managing Environmental Compliance Balancing The Risks

Managing environmental compliance at a complex facility has the potential to bring a high degree of personal and professional satisfaction to both the corporation and the individuals responsible for day-to-day operations. The decade of the 1990's, however, has seen the emergence of a nationwide trend of aggressive federal and state civil and criminal enforcement for environmental violations. This trend, spearheaded by the U.S. Department of Justice (DOJ) and the U.S. Environmental Protection Agency's (EPA) Office of Enforcement, has the potential to place the corporation, its corporate officers, and compliance personnel at collective professional risk, as well as a growing tendency to place accountability on individuals. Management of environmental compliance has been anecdotally compared to a shooting gallery at a carnival, with the following exception: At the shooting gallery, successfully hitting nine out of ten targets usually brings a reward and recognition of shooting skill; hitting nine out of ten environmental compliance expectations not only brings agency consternation and negative publicity, but the "gallery" will likely shoot back with stiff fines and possible criminal allegations. Faced with the challenges of the new environmental compliance shooting gallery, corporations and professionals are often left asking themselves, "How do we (or more appropriately, can we) win at this game?" This paper examines recent federal enforcement statistics and offers several suggestions for coping with the responsibility of managing environmental compliance in the 1990's.