Enforcement & Permitting Proceedings

PUT OUR EXPERT TEAM TO WORK

At Hessian & McKasy, P.A. we counsel our clients as to how to prepare for and respond to government inspections. When an inspection reveals a potential violation, we work with our clients in promptly addressing the issues so that penalties and expensive enforcement actions will be minimized. In cases where an enforcement action, such as an Administrative Penalty Order (APO), is initiated, we assist in resolving the matter including negotiating civil penalties. We also assist clients in addressing corrective action requirements. We work with clients to develop tailored environmental audit programs and environmental management systems to prevent potential violations and to ensure speedy correction of any identified issues or concerns.

Federal and state environmental statutes and regulations require parties to comply with regulations and to obtain certain environmental permits prior to commencing or changing certain operations. For example:


  • Businesses that produce wastewaters that are to be discharged to the sewer system may need to obtain a wastewater discharge permit from the entity that is responsible for the operation of the sewer system and manages Publicly Owned Treatment Works (POTW).
  • Manufacturers whose operations produce air emissions may be required to obtain an air emissions permit from the state or local agency charged with permitting such operations. A detailed technical review of equipment, operational schedules and plant capacity is often required to determine if a permit is needed.
  • Any business that generates hazardous waste - waste that is toxic, corrosive, flammable, reactive or contains certain listed hazardous components - may need to obtain a license or permit to produce the waste and ensure that these materials are being property managed at permitted facilities.
  • A developer may need to obtain a stormwater construction permit to ensure that runoff from exposed soils is contained on site and does not flow to any nearby waters. Permits require that a Stormwater Pollution Prevention Plan (SWPP) be prepared prior to commencement of site preparation.