Commercial and industrial businesses occasionally identify permit violations, reporting errors, or other compliance concerns during internal reviews or environmental audits. Before making any disclosure, companies should understand the applicable legal framework and potential consequences.

What is environmental self-disclosure?

Self-disclosure generally refers to voluntarily notifying a regulatory agency of a potential environmental compliance issue discovered by the business before or during corrective actions. Applicable programs and agency policies vary depending on the circumstances.

Can self-disclosure reduce penalties?

In some situations, voluntary disclosure, prompt corrective action, and cooperation may be considered under applicable laws or agency policies. Whether any reduction is available depends on the specific facts, governing requirements, and the policies of the agency involved.

What should businesses evaluate before making a disclosure?

Businesses should investigate the underlying facts, preserve relevant records, understand applicable permit obligations, evaluate reporting requirements, and carefully consider legal and operational implications before communicating with regulators.

Common misconceptions

Voluntary disclosure does not automatically eliminate penalties or enforcement risk. Every matter is evaluated on its own facts, applicable regulations, and agency guidance.

Key Takeaways

  • Investigate potential compliance issues promptly.
  • Preserve relevant documentation.
  • Evaluate reporting obligations carefully.
  • Consider legal and technical guidance before making disclosures.
  • Implement corrective actions where appropriate.

When should you contact an attorney?

Consult an environmental attorney before making a voluntary disclosure involving potential permit violations, reporting obligations, contamination issues, or other significant environmental compliance concerns.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze advises commercial and industrial businesses throughout New Jersey on environmental compliance, self-disclosure issues, permitting, regulatory counseling, and NJDEP and USEPA enforcement matters.