Environmental Enforcement: Penalties May Not Recover Economic Benefits Gained by Violators

• NCJ Number: 151590
• Date Published: 1991
• Length: 31 pages
• Corporate Author: US Government Accountability Office
• Sale Source: Azimuth Inc.; National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

The penalty policies and practices of the Environmental Protection Agency (EPA) are discussed.

Abstract

This report examines overall national trends in penalty assessment within EPA's four major enforcement programs-- air, water, hazardous waste, and toxic substances--using an analysis of penalty data provided by EPA. EPA program officials and selected regional and state officials were interviewed concerning some of the problems underlying penalty practices. The review was conducted from August 1990 through May 1991. Results of the research indicate that although the EPA's final penalty assessments amounted to about $28 million, the widespread absence of documentation makes it impossible to calculate the amount the EPA actually should have collected. State and local enforcement authorities do not regularly recover economic benefit in penalties. Repeated violations have occurred in the absence of penalties. EPA headquarters does not have sufficient information to oversee its regional office practices, and the organizational responsibilities for enforcement are diffuse. Recommendations to the EPA Administrator are identified. Appendixes