State & Local Compliance
Mary Susan Davies has extensive experience in environmental law, as demonstrated by her work with Pennsylvania and Virginia state environmental agencies. Ms. Davies provides consultations regarding regulatory compliance, assistance obtaining permits, and representation before state administrative agencies.
State Environmental Regulations
State environmental statutes and regulations work in conjunction with federal regulations to establish and maintain standards for air quality, water quality, and waste disposal. Each state has numerous regulatory agencies tasked with overseeing the administration of these laws, and it can be difficult for a business to remain in compliance while meeting the demands of operating a business.
The Law Firm of Mary Susan Davies can help businesses conduct daily operations while remaining conscious of the environment and of federal, state, and local environmental regulations. Ms. Davies's prior experience with environmental law includes serving as a litigator for the Pennsylvania Department of Environmental Protection and as the Waste Enforcement Manager for the Virginia Department of Environmental Quality. Each state has its own particular environmental requirements:
Pennsylvania State Environmental Laws
Some of the numerous laws affecting individuals, businesses, industries, municipalities, developers, and other parties in Pennsylvania include:
- Solid Waste Management Act
- Hazardous Sites Cleanup Act
- Oil & Gas Act
- Clean Streams Law
- Pennsylvania Land Recycling Act (Brownfields transactions`)
- Pennsylvania Storage Tank Act
The Pennsylvania Department of Environmental Protection (DEP) administers these and other environmental regulations, including those affecting air pollution, safe drinking water, clean streams and water quality, waste management, and land renewal and recycling. Ms. Davies can assist clients in complying with the DEP's requirements, including obtaining the necessary permits, licenses, and certifications. In addition, she provides representation for businesses and individuals who have encountered problems and seek representation in administrative matters.
Virginia State Environmental Laws
Virginia state environmental laws are implemented by various agencies, including
- The Virginia Department of Environmental Quality (DEQ) administers and implements many of the same environmental regulations that other states do, such as Pennsylvania. The DEQ has the authority to enforce environmental laws in the areas of solid and hazardous waste, storage tanks, and water pollutants.
- The Virginia Department of Conservation and Natural Resources regulates and enforces discharges of storm water from construction activities.
- The Virginia Department of Health enforces laws relating to potable drinking water standards from large municipal public water suppliers and other public water suppliers, such as mobile home parks.
- The Department of Professional Occupations and Regulations certifies or licenses those who manage sewage treatment facilities.
The Virginia Department of Environmental Quality (DEQ) maintains a comprehensive list of enforcement penalties outlining the various laws and regulations that an individual or business entity may be cited for if found in apparent violation by an inspector. In addition, new regulations are frequently adopted and promulgated by the state's three main regulatory boards:
If you have received a Notice of Alleged Violation, you should consider seeking legal advice to help correct the violation and prevent future violations. In some cases, a proposed penalty may be reduced, but whether or not the penalty is reduced depends on circumstances specific to each case. The DEQ has the authority to propose significant penalty amounts as high as$35,000 in fines per violation per day. Under some statutes, states and the federal government may also recover costs incurred in response to pollution.
Ms. Davies is familiar with the various laws currently in place, including the State Water Control Law and the Waste Management Act, and can assist clients in obtaining the relevant certifications and permits, including:
- Solid Waste Landfill Permits
- Virginia NPDES permits
Environmental Permitting and Compliance
Mary Susan Davies assists clients in reviewing and obtaining all necessary environmental permits under both the CWA and RCRA. Ms. Davies is experienced in dealing with the EPA's National Pollutant Discharge Elimination System (NPDES) permit program, which controls all pollutant discharges into navigable waters. Manufacturers, municipalities, developers, construction companies, landfills, and other businesses that discharge pollutants directly into surface waters must all obtain NPDES permits. Commonly required permits include:
- NPDES Point and Non-point Source Permits
- Wetlands Permits
- RCRA Landfill Permits
- Hazardous waste disposal requirements
- Compliance with technical standards for underground storage tanks
Administrative Hearings
Individuals and business entities that desire to challenge a permitting or enforcement action of an environmental agency generally only have 30 days to being an appeal. Actions by an environmental agency are typically defined as any decision that affects one's rights, liabilities, obligations, or duties.
Whether or not you are the permit applicant, permittee, or an individual or citizen who is affected by an agency decision, you must appeal within 30 days of the date of the agency action. Otherwise, you must prove that you are entitled to file an appeal outside of the 30 day period based upon your knowledge of the action (which is difficult to do), or you must prove that a "breakdown in the system" occurred, such as state offices being closed due to a natural disaster.
Because of this strict deadline, it is important to keep track of when you receive a written (e-mails count) or verbal communication concerning an agency action. Agency actions include Notices of Alleged Violations, Assessments of Civil Penalties, Orders, promulgations of regulations, and issuances of permits. They also include any other type of communicated decisions or regulations that affect the rights and liabilities of the parties or anyone else. Proposed regulations are published in the Pennsylvania Bulletin or Virginia Register.
Some examples of individuals and entities who may appeal environmental decisions include the following:
- Applicants who are denied permits or who disagree with certain permit terms
- Permittees who receive Notices of Alleged Violations; Civil Penalties; or orders requiring affirmative action
- Individuals and entities identified as responsible parties for unlawful spills, leaks, releases, and/or discharges of contaminants
- Individuals and entities identified as failing to comply with technical regulations
- Nearby neighbors whose rights might be affected in some way based on the agency decision
- A group of citizens whose use of a public resource may be affected by the agency decision
- Parties who wish to challenge assessments of an agency's costs to respond to emergency or catastrophic incidents that result in pollution
In most cases, federal and state environmental agencies may consider a reduction in penalties. An agency may also negotiate an agreement where the alleged violator complies with the law under more manageable terms. However, parties in this position should still be mindful of the strict time limitation for appeals. Furthermore, it is wise to have legal counsel ensure that the agreed-upon legal arrangement is practical for the alleged violator to comply with and is generally in the alleged violator's best interest.
Seek Legal Representation
If you have a particular concern about your right to appeal an environmental agency's decision or regulation, it is important to contact counsel as soon as possible in light of the strictly enforced 30 day appeal period. Ms. Davies prefers to represent clients in matters before they reach the administrative hearing stage in an effort to best comply with environmental laws and minimize potential client exposure to liability. Similarly, it is best to prepare well in advance when considering challenging decisions of environmental agencies.
Individuals and businesses who want advice about their rights and obligations in connection with environmental laws are welcome to contact Mary Susan Davies for a consultation.
