Businesses that receive an enforcement action should carefully evaluate the allegations, understand applicable deadlines, preserve relevant records, and develop a coordinated response. A thoughtful approach can help protect the company’s interests while addressing regulatory obligations.

What is an environmental enforcement action?

An enforcement action may involve alleged violations of environmental laws, regulations, permit conditions, reporting requirements, or administrative orders. Depending on the circumstances, NJDEP may seek corrective actions, penalties, or other compliance measures.

What should businesses do first?

Review the enforcement documents carefully, identify all response deadlines, preserve records, investigate the underlying facts, coordinate with technical consultants where appropriate, and develop an organized response strategy.

What mistakes should be avoided?

Businesses should avoid ignoring agency communications, missing deadlines, providing inaccurate or incomplete information, destroying records, or making operational changes without understanding their potential regulatory implications.

How can businesses prepare for resolution?

Gather relevant documentation, evaluate compliance history, identify potential corrective actions, maintain open communication with appropriate professionals, and ensure all responses are accurate and well supported.

Common misconceptions

An enforcement action does not necessarily mean a matter cannot be resolved. Many cases involve discussions regarding compliance, corrective actions, or negotiated outcomes depending on the specific facts.

Key Takeaways

  • Respond promptly to enforcement actions.
    • Preserve all relevant records.
    • Understand applicable deadlines.
    • Develop a fact-based response.
    • Seek experienced legal guidance when appropriate.

When should you contact an attorney?

Consult an environmental attorney immediately after receiving an NJDEP enforcement action, particularly if significant penalties, permit issues, operational restrictions, or complex regulatory questions are involved.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze represents commercial developers, property owners, manufacturers, recycling companies, and other businesses throughout New Jersey in environmental enforcement, regulatory compliance, permitting, and NJDEP matters.