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Compliance. What is compliance? Clean. How clean is clean?
Significant. How much is significant? Violation. What determines a violation? These are questions that the Maryland Department of the Environment (MDE) faces every day. They are basic to how we perform as a regulatory agency to protect and restore our environment.
Compliance
Compliance with environmental laws and regulations combines following what is in your permit, with the guidance offered by MDE. Permits are designed to meet the environmental criteria to protect a particular stream, land area or airspace into limits. Compliance with such a permit generally means compliance with the laws and regulations for a facility. Compliance is determined by a combination of self-monitoring and inspections and monitoring by MDE.
Clean
How clean is clean? Twenty years ago, most contaminants could only be measured down to parts per million. Today, we have the technology to measure them to the parts per billion level. That is the time equivalent to one second in 32 years. Some pollutants can be measured in the parts per trillion or lower levels. Places that were considered “clean” several years ago may be deemed “contaminated” today. Recent human health studies necessitate cleanup levels meeting more stringent criteria. In addition to asking, “Is the pollutant present?” MDE must consider the levels at which the public health and welfare would be compromised. The presence of a substance does not necessarily mean a site is not clean. Minute amounts of a pollutant may be present, but in diluted volumes that do not threaten public health and welfare or the environment. That’s what clean means today.
Significant
How much is a significant amount? If a parameter in a permit is exceeded once and there are 100 measurements of that pollutant per year, is that significant? It is if that one exceedance results in an adverse effect on human health or the environment. It may not be considered significant if there were not resulting problems, or if there was no pattern of non-compliances.
Violation
When a violation occurs, MDE considers the magnitude of the non-compliance. This includes the impact to human health and the environment and whether the entity responsible willingly and knowingly intended the violation. This is where the discretionary component of many of MDE’s programs comes into play. This component allows a company to fix a minor problem without the risk of penalty, civil or criminal action for those programs. Compliance assistance is a preferred method to achieve the intended requirement compliance to protect the public and the environment.
Compliance Assistance
MDE has a strong focus on compliance assistance. If a regulated entity does not know the applicable requirements and does not know where to seek guidance within the Department, MDE’s Customer Service Center is available to assist at (410) 537-3772. MDE’s enforcement actions range from documenting the violation, through discussions with the permittee to avoid future violations, consent orders, fines, and finally, facility closures. These actions depend on a violation’s significance and past company compliance history.
The Office of Special Programs (OSP) is responsible for coordinating MDE’s Annual Enforcement and Compliance Report. Click here to review the report. This report summarizes MDE’s enforcement and compliance actions during the prior fiscal year. More information on this publication can be obtained by contacting OSP at (410) 537-3772.
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