In late August, USEPA waived $3,474,990 in gravity based penalties and $11,274.82 in economic benefit assessments for a Goldberg Segalla client. The waiver reflects the value of penalties that would have been assessed had EPA inspected the facility. However, the facility voluntarily self-audited, reported its violations to EPA and corrected them in a timely manner, making them eligible for penalty waivers under the USEPA “Audit Policy.”
Under that policy, or a variant of it negotiated by Goldberg Segalla lawyers, over 200 regulated entities have benefited from penalty waivers as low as $150,000 and as high as $11.3 million. It is interesting to note that the penalty waivers seem to be higher in the last year or so than before, reflecting higher penalty values currently employed by EPA. Clearly this is a good time to have your environmental compliance house in order and, if it is not in order, to take appropriate action.