Document M4kJ5gYKLxmaawVj0JzKK6gaj

CIC/NJ June 6, 1990 TO: CIC/NJ Executive Committee and Board of Directors FRCM: Carla Israel, Associate Director RE: Clean Water Enforcement Act Attached, at your request, is a fact sheet on the recently enacted Clean Water Enforcenent Act. Included, are the key provisions of the act along with a chart of the civil and criminal penalties and various other aspects of the mechanisms of the law. If your have arzy further questions, please don't hesitate to contact either Hal or myself. encl. Chemical Industry Council of New Jers y Ccp/ro/ v,ew 150 Vesr Srcr Sreer Venron. Sew Je'sey G5603 609-3Q2-4214 CTL019053 CLEAN WATER ENFORCEMENT ACT Fact Sheet The Clean Water Enforcement Act is the strongest water pollution enforcement law in the nation. It provides, for the first tim , mandatory fines and penalties for violating the terms of permits that govern the discharge of wastewater into our waterways and sewage treatment plants. It sets stiff criminal penalties for reckless, negligent water pollution. And, it gives the public more power to discover and act against polluters. Most of those covered by the law are industrial facilities and sewage treatment plants. The prime pollutant target is wastewater: the liquid byproduct that remains when solids are removed from materials being processed for disposal. Such wastewater is a major source of pollution in lakes, rivers and streams, as well as the ocean. The law being signed by Governor Florio requires stricter ^monitoring by sewage treatment plants of industrial dischargers. This, in addition to the penalties, will help put pressure on industries to properly treat their wastes. WHAT ARE THE KEY PROVISIONS OF THE ACT? * Any person discharging wastewater into the surface or ground water must obtain a New Jersey pollutant discharge permit from the Department of Environmental Protection. * The permit sets the terms and conditions under permitee may discharge wastewater, based on DEP's assurance amount or concentration of pollutants being discharged will the receiving waters or the public health. which a that the not harm * Those required to obtain permits will include: publicly owned treatment works (POTWs), industries discharging directly into water or large industrial facilities discharging into POTWs. * For the first time, this Act clearly defines permit violators, sets specific mandatory civil and criminal penalties, outlines new reporting and inspection requirements and provides for the creation of two special dedicated fund accounts to collect penalty money which would be used for training and for loans to local governments to ^kgrade treatment facilities. -more- CTL019054 TTNT~)F~R THESE NEW. STRICTER REPORTING AND INSPECTION REOUIR] AfTTTONS CAN BE TAKEN TO MONITOR DISCHARGE ACTIVITY? :s, .WHAT * The highest ranking official with day-to-day responsibility for operating a plant must sign the monitoring reports. * Facilities must report any violation which poses a threat to health or the environment within 2 hours. * Sewage plants must inspect facilities of permitted discharg rs and do analyses of incoming pollutants. HOW DO THE TWO SPECIAL DEDICATED FUNDS WORK? 1. The "Clean Water Enf or cement cFaiid," will be sustained by money from penalties, fines or other enforcement actions taken by DEP in response to violations of the Act. Also dedicated to the fund will be assessments or damages collected as a result of loss or destruction of wildlife, aquatic life or other natural resources. The money will go toward DEP's enforcement and implementation responsibilities and the existing "Wastewater Treatment Fund" for use in providing loans to local governments to upgrade wastewater treatment facilities. 2. The "Wastewater Treatment Operators' Training Account," will be established to provide money for the training and continuing Rucation of wastewater treatment operators. It will be funded by percent of the penalties collected in actions brought by local agencies for violations of the Act. The remaining 90 percent will be used for continued enforcement of the Act and the upgrade of municipal treatment works. HQW WILL THE. PUBLIC BE MADE AWARE OF LOCAL VIOLATORS? DEP must provide an annual report to the Governor and the Legislature in March of each year which documents all data relevant to the enforcement of the Act. Within 30 days of the release of that report, the Commissioner of DEP shall provide a written notice for publication in at least one newspaper in each county indentifying the name and location of all "significant noncompliers." ###**# CTL019055 CIVIL PENALTIES VIOLATION 1. Serious violation Violation of a water permit limit by 20% over for a hazardous pollutant and 40% over for a. .. non-hazardous pollutant. 2. Significant Non-Complier I a. Two Serious Violations within 6 months; b. A violation of a permit by any level for any single pollutant 4 times in 6 months c. Failure to submit monitoring reports for any 2 months in a 6 month period. i i 3. Reporting violations Omission of permit level on a monitoring report PENALTY $1,000 mandatory minimum fine 1) $5,000 mandatory minimum fine 2) Increased inspections by State Department of Environmental Protection (DEP) 3) Publication of identity in annual DEP report; 4) Notification of identity to newspapers. $100 per day per limit CTL019056 CRIMINAL PENALTIES VIOLATION PENALTY l. Purposeful, knowing, violation of permit limitation, or discharge without a permit, which places person in imminent danger of death or serious injury 1ST degree crime: fine of S50.000 - S250.000: (for corporation $200,000 - SI.000.000) per day of violation, or imprisonment or both 2. Purposeful, knowing or reckless violation which causes a significant adverse environmental impact 3. Purposeful, knowing, reckless violation, false statement, tampering with equipment, etc. 4. Negligent violation of Ac: 2ND degree crime: fine of S25.000 - $250,000 per day of violation, or imprison ment. or both 3RD degree crime: fine of S3.000 - S75.000 per day of violation, or imprisonment, or both: mandatory 10 cays imprisonment 4TH degree crime: fine of $5,000 - $50.000 per day of violation, or imprison ment. or both i CTL019057