Right-to-Cure Minor Violations

Encourage Use of Inspections By Allowing A Right-to-Cure for Minor Violations of Environmental Laws

Background:

Most of the regulated community is hesitant to request compliance assistance for fear of being cited for a violation. As a result of the U.S. Environmental Protection Agency’s (EPA) unforgiving and inflexible enforcement policies, the agency’s compliance assistance program is not nearly as effective as it could be. Lengthy delays between construction site inspections and enforcement responses can result in preventable environmental harm and inequitable penalties.

AGC Message:

Companies that Receive Administrative Actions Should Have an Opportunity to Remedy Them. EPA should implement a regulation that allows a company that receives a notice of a minor violation an opportunity to remedy the problem prior to being fined. Giving contractors an opportunity to promptly correct minor violations of environmental laws (i.e., “quick cure”) without the threat of infraction enforcement will encourage more dialogue between regulated businesses and EPA compliance officers. Although this would result in fewer fines, industry compliance would escalate to new levels.
EPA’s Unforgiving and Inflexible Penalty Policies are Detrimental to Self-Policing. While EPA has taken steps to provide penalty mitigation for self-auditors and small businesses, many first-time violators face devastating penalties for unintentionally violating EPA regulations. As a result, a majority of the regulated community is afraid to request compliance assistance for fear a violation will be uncovered.