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We have all experienced being pulled over by a state trooper while driving the beltway higher than the speed limit. With a valid driver’s license and no prior violations, you may be let go with just a warning. The environmental regulatory process is similar in that it is in place to keep permittees in compliance with the law. Permitting, monitoring and enforcement are the duties of the Maryland Department of the Environment (MDE) as we are a regulatory agency. Follow the rules, comply with warnings and you are a good permittee -- violate the rules, get caught and incur the consequences.
MDE monitors its enforcement and compliance efforts continuously. Every year MDE releases an Annual Enforcement and Compliance Report, containing the high volume of activities performed. MDE issued almost 11,000 permits during Fiscal Year 2006 took almost 2,000 enforcement actions and inspected over 11,000 sites. MDE regulates almost 320,000 activities.
MDE’s mission is to protect and restore the quality of Maryland’s air, land and water resources, while fostering smart growth, economic development, and healthy, safe communities. In comparing the FY 2006 with FY 2005 reports, the statistics reflect that while there is always work to do, our efforts have been successful.
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Permits in effect have increased nearly 6 percent
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Number of sites inspected have increased more than 20 percent
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Number of enforcement actions have increased over 28 percent
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Monetary penalties collected have increased nearly 42 percent
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Supplemental Environmental Projects (SEPs), which deter future non-compliances and benefit the citizens of the State, increased by 46 percent to 57 projects valued at $9.7 million
A comparison of the last four years with the four-year period prior to my administration also shows striking increases in the above parameters.
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Permits in effect are up 24 percent
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Number of sites inspected up 10 percent
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Number of enforcement actions up 38 percent
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Monetary penalties collected up 39 percent
The Punishment Fits the Crime
The report also explains the enforcement process. Through monitoring or inspection MDE becomes aware of permit exceedences, and then makes a determination as to its seriousness. To draw an analogy, if the speed limit is only exceeded by a couple of miles per hour, a slap on the wrist is warranted. When exceeded by a greater number, it poses a threat to others on the road and the enforcement action is escalated.
During FY 2006, MDE collected over $2.8 million in penalties. Another enforcement vehicle used to make restitution for environmental losses is the Supplemental Environmental Project (SEP). SEPs benefit the environment directly by having violators pay by performing environmental enhancements. This enables MDE to fulfill its mission to protect and restore Maryland’s environment. MDE entered into 57 SEP agreements, yielding over $9.7 million during this fiscal year. Last fiscal year, MDE entered into 39 SEP agreements yielding $590,000.
The report points out that, like any legal process outcomes are not immediate. Changes in policy are implemented as permits are reissued, sometimes not for up to five years after the policy is adopted. Penalties are not collected until after legal proceedings are finished, which may be several years. The measures in this report reflect a continuously iterative process of improvement. As new science and engineering occur, MDE implements them if they are appropriate for our State and to fulfill our mission to protect the land, water and air resources.
Click here to read the 2006 Enforcement and Compliance Report.
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