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Environmental Agency Uses Fines and Penalties to Enforce Compliance

by Ike Nwaozomudoh Wednesday, September 17, 2008

This week, the U.S Environmental Protection Agency (EPA) levied a fine of $50,000 on a manufacturer of plastic lamination products for failing to close hazardous waste containers. Last week, an even larger fine of $157,500 was imposed on a residential developer for discharging polluted storm water from a construction site. The EPA's Office of Enforcement and Compliance Assurance (OECA) describes itself as the “environmental cop” on the beat dedicated to improving the environment and protecting the public health. It is a 3,400 strong team of environmental professionals who monitor compliance, provide compliance information, and when necessary, initiate civil and criminal enforcement action. Last year, the EPA's enforcement program racked up a total of $63 million in fines and restitutions, along with 64 years of incarceration for cases that resulted in convictions. The EPA doesn't just hold corporations accountable for environmental violations – it can also come after individuals.

In order to carry out its mission, the EPA relies on regulated entities to provide data and comprehensive reporting on their activities. Individuals and companies that knowingly fail to comply with this requirement are subject to criminal prosecution.

Environment Canada is the equivalent Canadian agency, while in Europe, environmental regulation is enforced by individual EU member nations. Wide differences exist between levels of enforcement by member states. This situation has led to the use of environmental safe havens where companies outsource their operations to other European countries with laxer or nonexistent environmental penalties.  Last year, the European Commission proposed a directive that requires adoption of minimum sanctions for environmental crimes across member states.

Discharges of pollutants and improper disposition of hazardous materials are the types of environmental misdeeds that often receive the most publicity. Recently, attention is being drawn to less conspicuous, yet significant environmental threats. Data centers are one such threat. The giant clusters of networked computers that serve up e-mail, web pages, video and other services have quickly become one of the largest producers of greenhouse gases. The incredible amounts of electrical power required by a typical data center generates a lot of unwelcome heat, which has to be reduced by copious air conditioning, which in turn consumes a greater amount of electrical power. According to a recent study by the consulting firm, McKinsey and Company, data centers are on pace to overtake the airline industry as top greenhouse polluters by the year 2020.

Environmental Management

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