WHY IT MATTERS
EPA Compliance
The EPA regulations are in place to ensure the safety and health of not only our environment but our communities and the people we care about.
Failure to comply with the EPA waste management regulations can result in hefty fines. An example, the EPA can impose a fine of up to $50,000.00 per day to any business that violates the hazardous waste regulations.
Likewise, as the employee responsible for the federal documentation of the companies hazardous waste program or the person designated to sign the hazardous waste manifest you may have legal action initiated to compel compliance that may involve fines or penalties leveled against private parties.
§3008 (d) Criminal Penalties - Any knowing violation of any material condition or requirement of a permit or of any applicable regulations or standards under Subtitle C may be subject to a fine of not more than $50,000.00 per day of a violation and / or imprisonment not to exceed two years.
The most common violation? Pouring or dumping either mistakenly or intentionally hazardous waste into the drain, municipal dumpsters and sewers.
Texas State Compliance
The Texas Commission on Environmental Quality strives to protect our Texas's public health and natural resources consistent with sustainable economic development.
The TCEQ investigates and assembles evidence on environmental crimes. Failure to follow the regulations put in place for waste management in Texas constitutes a crime.
Like the EPA the TECQ can levy hefty monetary fines for non compliance and will occasionally help other law officials with criminal investigations.
- Administrative Penalties: $0 - $25,000 per day from start of violation and depending on the nature and duration of the violation
- Civil Penalties: $50 - $25,000 per day from start of violation and depending on the nature and duration of the violation
TECQ can levy an additional "Economic Benefit" penalty valued at 50% of the total economic benefit gained by the violating company for the entire time period of non-compliance.
- Example: if a company saved $50,000 per year, over 5 years by not being in compliance, a $175,000 fine could be imposed.
For illegal dumping in Texas a prosecutor will charge the offense as a Class C, B, or A misdemeanor, or State Jail Felony, depending on the weight and / or volume of the waste dumped, discarded and / or transported. This means the person/s, manager/s in charge of the hazardous waste at a company can also be prosecuted for non-compliance and face fines as well as possible imprisonment.
DOT Compliance
Failure to follow DOT regulations can result in a driver getting their license suspended, fines or even imprisonment. The company or carrier who fails to comply with DOT regulations could lose it's operating authority. This will cause loss of business and likely cause the carrier to go out of business.
Like the EPA the DOT has very specific regulations for the transportation of hazardous waste. Such as labeling, marking and legal documentation of the waste being transported.
(49 CFR 171.2(a)) "No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with subpart G of Part 107 of this chapter, if applicable, and the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized..."
Condition for shipment is important; you can have all of your paperwork in order but if the containers or units holding the hazardous waste aren't DOT compliant and in shippable condition penalties will be assessed. These penalties can range from financial to legal and often affect individuals as well as the companies involved.
The compliance doesn't just rest on the shoulder's of the transportation company. The original generator is responsible for the compliance of the shipment of hazardous waste and is also subject to fines and legal penalties.
ESG & Sustainability
ESG is important because it helps identify and manage risks, improve social responsibility, enhance long-term sustainability, meet stakeholder expectations, navigate and comply with regulations, and improve access to capital. In recent years, investors have become more aware of the importance of ESG criteria in their investment decisions.
ESG functions as a valuation technique that takes into account environmental, social and governance issues. ESG in the private sector is a set of criteria used to evaluate a company’s risks and practices.
ESG frameworks are important to sustainable investing because they can help individuals or other corporations determine whether the company is in alignment with their values, as well as analyze the ultimate worth of a company for their purposes.