Environmental and Land Use Law

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EPA Adjusts Statutory Civil Penalties for Inflation

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On January 8, the Environmental Protection Agency published its statutory civil penalties, adjusted for inflation.  83 FR 1190.  The adjustment was required by the  Federal Civil Penalties Inflation Adjustment Improvements Act of 2015, which established a formula for adjusting civil penalties annually to reflect inflation, maintain the penalties’ deterrent effect, and promote compliance with the law.  The new formula applies to violations that occurred after November 2, 2015.

The adjusted penalties apply to violations of a range of environmental statutes.  For example, the table below sets out the maximum daily penalties under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601, et seq.

 

Excerpts of Table 2 of 40 C.F.R. Part 19, § 19.4
Civil Monetary Penalty Inflation Adjustments
CERCLA section Penalties as originally enacted Penalties assessed on or after 8/1/16 but before 1/15/17 Penalties assessed on or after 1/15/17 but before 1/15/18 Penalties assessed on or after 1/15/18
§ 9604(e)(5)(B) $25,000 $53,907 $54,789 $55,907
§ 9606(b)(1) $25,000 $53,907 $54,789 $55,907
§ 9609(a)(1) $25,000 $53,907 $54,789 $55,907
§ 9609(b) $25,000/
75,000
$53,907/
161,721
$54,789/
164,367
$55,907/
167,722
§ 9609(c) $25,000/
75,000
$53,907/
161,721
$54,789/
164,367
$55,907/
167,722

 

Where there are two figures in one entry, the first one is the maximum daily penalty for each day of the first violation, and the second one is the maximum daily penalty for each day of any subsequent violation.

About the Author

Arthur P. Kreiger – Partner

Art has more than 30 years of experience in all types of environmental and land use matters.


Posted In: DEP, Uncategorized

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