Responding to an Environmental Violations Civil Investigative Demand (Information Request).

So your probably sitting there with this EPA information request or DOJ environmental crimes subpoena and your entire business is about to be destroyed. Maybe you had a chemical spill you didn't report properly. Maybe your wastewater discharge exceeded permit limits. Or maybe your just caught up in there latest environmental enforcement sweep. Look, we get it. Your ABSOLUTELY PETRIFIED. And you should be! Because criminal environmental violations are FELONIES carrying years in federal prison and civil penalties can reach $100,000 PER DAY!

What Makes Environmental Investigations So Terrifying?

Let me explain the environmental nightmare your facing. EPA has both civil and criminal enforcement powers that can destroy you simultaneously!

Civil violations are STRICT LIABILITY - no intent needed! Exceeded your discharge permit by 0.01%? Violation! Stored hazardous waste one day too long? VIOLATION! Forgot to file monthly monitoring report? That's a separate violation for EVERY DAY it was late! We've seen companies face million-dollar penalties for paperwork errors!

Criminal enforcement is even worse! All federal environmental crimes are FELONIES except pesticide violations! "Knowing" violations mean prison time - and "knowing" just means you knew you were discharging something, not that it was illegal!

How Crushing Are Environmental Penalties?

Hold onto your permits because these numbers will bankrupt your company overnight!

Clean Water Act violations carry civil penalties up to $65,000 per day per violation! Had unpermitted discharge for a month? That's $2 MILLION! Criminal violations add 3 years prison for negligent violations, 15 years for knowing violations, and if someone gets hurt? 30 YEARS IN FEDERAL PRISON!

Clean Air Act penalties are equally devastating - $100,000 per day civil penalties! RCRA hazardous waste violations? $75,000 per day PLUS cleanup costs that can reach hundreds of millions! We've seen small manufacturers face $50 million penalties for violations they didn't even know were happening!

What Triggers EPA Criminal Investigations?

Your probably wondering "How did EPA find out?" Let me tell you what puts companies in there crosshairs:

Employee whistleblowers are the biggest threat! EPA has robust whistleblower programs that reward employees for reporting violations! That disgruntled worker who knows about your waste practices? They could get rich destroying you!

Citizen suits allow ANYONE to sue you for environmental violations! Environmental groups monitor discharge reports looking for violations to sue over. Competitors report each other to eliminate competition. Even routine inspections turn criminal when inspectors find unreported violations!

What About RCRA Hazardous Waste Violations?

RCRA violations are particularly DEVASTATING! Criminal RCRA violations include prison time for executives!

Stored waste without proper permit? Criminal violation! Didn't maintain proper manifests? CRIMINAL! Mixed incompatible wastes? That's "knowing endangerment" carrying 15 years prison! We had a client imprisoned for 5 years because his employee put solvent rags in the wrong dumpster!

The "cradle to grave" liability means your responsible FOREVER! That waste you properly disposed of 20 years ago? If the disposal facility has problems now, YOUR liable! We've seen retired executives pulled back into criminal prosecutions for waste disposed decades earlier!

Can Environmental Violations Lead to Criminal Prosecution?