For Release: IMMEDIATE Contact: Jennifer Meicht
Monday, June 11,2001
(518) 457-5400
DEC?S ENVIRONMENTAL ENFORCEMENT SUCCESSES CONTINUE IN 2000
New York State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today announced that DEC enforcement initiatives continued to yield positive results in 2000, building on the State?s successful record of environmental enforcement and promoting
compliance with environmental laws and regulations.
?Under Governor Pataki?s leadership, New York State has become a national leader in environmental protection and our efforts are yielding real benefits for all New Yorkers in the
form of cleaner air, land and water and a better quality of life,? Commissioner Crotty said. ?DEC?s firm but fair approach to enforcement continues to be a successful tool for deterring
violations and ensuring environmental compliance among individuals and businesses.? DEC issued 3,066 consent orders to polluters in calendar year 2000, an increase over the 2,477 orders issued in 1999. The increase was primarily due to the success of two recent enforcement initiatives DEC has undertaken in the areas of pesticide reporting and petroleum bulk storage regulations. Civil penalties imposed on polluters remained relatively stable with violators being required to pay a total of $7.27 million in 2000. Under a consent order with DEC, an individual or company agrees to come into compliance with state and federal
environmental laws and regulations, clean up pollution, and pay a penalty for its environmental violations.
Also in 2000, the DEC commissioner imposed 42 orders requiring polluters who refused to sign consent orders to approximately $1.6 million in penalties. Environmental violators last
year also agreed to pay $934,965 for environmental benefit projects, which provide environmental and public health protection or improvements in areas where environmental insults occurred.
A chart containing a detailed breakdown of DEC enforcement statistics for the years 1995-2000 is attached.
Additional DEC enforcement program highlights of 2000 include:
✥ State Superfund Program: 52 consent orders were executed with responsible parties committing them to perform more than $59 million in investigations and remedial work at inactive hazardous waste sites. 52 Voluntary Cleanup Agreements were also executed.
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✥ Petroleum Bulk Storage (PBS) Initiative: DEC continued its successful enforcement initiative begun in December 1997 to address petroleum bulk storage facilities that are in
violation of regulations requiring registration and tightness testing of petroleum bulk storage tanks. Tank operators were provided with a 60-day grace period and an additional 60 days to voluntarily comply with the regulations after receiving notices of violation from DEC. During 2000, 947 orders on consent were issued, including $1.08 million in penalties. Since March 1998, 16,234 petroleum bulk storage tanks in New York State have been permanently closed.
✥ Pesticide Reporting Initiative: State law requires certified commercial pesticide applicators to report their pesticide application to DEC, which tracks and takes enforcement action against those who fail to report. DEC continued its efforts to enforce the Pesticide Reporting Law in 2000, resulting in 1,031 consent orders and approximately $301,004 in penalties. Also in 2000, 906 applicators voluntarily surrendered their certifications in lieu of having them revoked. The DEC has moved for default judgements against an additional 50 applicators who failed to respond in any way, seeking imposition of a fine and revocation of the applicators? licenses if they do not pay the fine. Since this initiative began in 1997, 190 applicators have had their certifications revoked for failing to report or respond in any way. Applicators who have had their licenses revoked must complete penalty courses and exams to become recertified and have their licenses reissued.
✥ Air Pollution Initiative: Working in conjunction with the Department of Law, New York State became the first state to initiate enforcement actions as part of a nationwide investigation of
utility companies suspected of violating the federal Clean Air Act, by formally notifying five New York utilities. The notices allege that the facilities should have obtained DEC permits for physical modifications to their plants over the years and installed air pollution control equipment that would have dramatically reduced emissions. Enforcement negotiations are ongoing.
✥ Stage II Enforcement: DEC instituted an initiative to ensure that gasoline stations throughout downstate New York were complying with the requirements for maintaining vapor recovery
equipment systems. During calender year 2000, DEC issued 259 consent orders and assessed $528,000 in penalties.
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01-99New York State Department of Environmental Conservation Environmental Enforcement Statistics by Calendar Year
| 1995 | 1996 | 1997 | 1998 | 1999 | 2000 | |
| Consent Orders | 504 | 486 | 543 | 800 | 24771 | 30662 |
| Payable Penalties Imposed thru Consent Orders | $2,432,189 | $2,420,566 | $3,522,787 | $3,972,016 | $7,382,180 | $7,276,775 |
| Commissioner’s Orders | 10 | 6 | 5 | 15 | 13 | 42 |
| Payable Penalties Imposed thru Commissioner’sOrders | $292,540 | $125,400 | $139,669 | $4,079,649 | $195,250 | $1,579,050 |
| Total Value of EBP’s3 | $1,743,000 | $667,700 | $805,350 | $4,436,500 | $3,109,350 | $934,965 |
| Total Payable Penalties & EBP’s | $4,467,729 | $3,213,666 | $4,467,806 | $12,488,165 | $11,152,140 | $10,873,100 |
| Vol. Cleanup Agreements | 12 | 28 | 33 | 29 | 31 | 52 |
| AG Referrals – Oil Spill | Not Tracked | 79 | 92 | 93 | 223 | 224 |
| AG Referrals – Civil | 11 | 47 | 73 | 149 | 47 | 50 |
| AG Referrals – Criminal | 15 | 50 | 80 | 149 | 74 | 774 |
| Superfund Orders | 62 | 62 | 80 | 56 | 63 | 52 |
| Total Value of Superfund Orders | $108,800,000 | $91,500,000 | $155,000,000 | $87,700,000 | $158,500,000 | $59,269,250 |
1Total comprised of 407 Pesticide cases ($865,325 payable penalties, $3,350 EBP?s) and 622 Petroleum Bulk Storage (PBS) cases ($791,850 payable penalties).
2Total comprised of 1,115 Pesticide cases ($679,204 payable penalties) and 1,099 PBS cases ($1,521,150 payable penalties, $53,965 EBP?s).
3 Environmental Benefit Projects (EBP?s) allow qualifying entities to fund community environmental projects in partial mitigation of penalties. Dollar amounts represent total payments for projects.
4 08/10/2000 referral contained 27 salvage yards. Total reflects each salvage yard as a single referral.
