The Environmental Protection Agency (EPA) creates and enforces environmental regulations. As a New York business owner, you are probably familiar with some of the more common regulations, such as the Clean Air Act and Clean Water Act.
The EPA has many other regulations, many of which could potentially impact your business operations one day. This is true no matter what type of business you run. EPA regulations can affect any piece of your business operations, from your daily, routine operations to new projects and plans.
It is important to comply with EPA regulations, since the consequences can be more serious than you believe. In some situations, you might even face criminal charges.
Inspections and audits
The EPA ensures New York businesses comply with their regulations by conducting regular inspections and audits.
The inspections could include an EPA representative physically reviewing your business property and/or speaking with you or your representatives. They could also collect samples to be tested.
In addition to regular inspections, a member of the public could report your business as violating an EPA regulation. If this happens, you will likely receive a notice from the EPA about the alleged violation.
Should you voluntarily disclose a violation?
Perhaps you discover that you are violating an EPA regulation. You may always voluntarily disclose the violation. Ideally, you should disclose the violation within three weeks of discovery.
However, EPA regulations are one of the most complex areas of law. You might consistently make a good faith effort to follow the regulations but find that you are unsure of how to properly comply.
This is understandable. The complexity of the regulations means that following them is not always easy.
For example, when it comes to a voluntary disclosure, the EPA has rules about what disclosures are voluntary. You could choose to speak with someone with knowledge of the EPA regulations before deciding the best path forward.