Stormwater Control

Environmental Compliance was retained by a food processing company to respond to a Notice of Violation and Penalty Assessment related to its storm water discharges.  We established at hearing that the Department had misrepresented some facts regarding storm water sampling and modifications to the facility and had over-reached in its penalty assessment (wrongfully claiming that several “minor” violations were “major”).  Upon decision by the Administrative Law Judge the penalty was reduced from $61,817 to $18,705 (with legal fees amounting to $6,232)  The manner in which DEQ and DOE arrive at their penalty assessments makes those decisions generally subject to challenge on review.  Environmental Compliance can often negotiate a greater than 50% reduction in penalties, but is always prepared to challenge an unfair penalty at hearing if Department officials remain unpersuaded.