I Got an Environmental Violation. Now What?!

Written By: Tate Hunter | Jan 31, 2025

Time to Read 7 Minutes

I Got an Environmental Violation. Now What?!
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Did Your Business Recieve an Environmental Violation? Here’s What to Do Next.

If you’ve received an environmental violation, whether it’s a minor fine or something more severe, it can be overwhelming. Take a deep breath.

We know this can be stressful, but you’re not alone. Understanding what happens next and how to respond can make all the difference. We’ll walk you through the steps you should take to address the issue, minimize penalties, and get back into compliance.

If you've received a violation and need a hand with the next steps, reach out to us at RMA - we'll guide you through the process so you can breathe easy again.

Understanding the Violation You Got

Okay, the very first step in this process is understanding what type of violation you received, and how serious it is. There are different types of enforcement actions, ranging from minor warnings to serious legal consequences. The severity of your violation will determine your next steps.

  • Notice of Violation (NOV) or Similar - This is the most common type of violation and is often a warning rather than an immediate penalty. Think of it like getting pulled over and receiving a warning for running a stop sign. While not the end of the world, you must take it seriously and adjust your behavior moving forward.
  • Fines - Fines can range from minor penalties to significant financial burdens. Some are one-time charges, while others accumulate on a per-violation, per-day basis, adding up fast if the issue isn't addressed. If regulators decide to impose multiple fines going back months or years, it can become a serious financial problem. Think of this as ranging from getting a small speeding ticket all the way up to being taken to court by the IRS over millions of dollars in back taxes.
  • Permit Suspension or Revocation - Losing an environmental permit isn’t typically the first step unless the violation is severe or you’re a repeat offender. However, it may accompany other penalties, such as fines. Without the necessary permits, your business operations could be severely restricted or even forced to shut down. This is like getting your driver’s license suspended after too many traffic violations.

Environmental Consultant During Site Visit

  • Business Closure - In extreme cases, regulatory agencies may temporarily or permanently shut down your operations. This could happen due to a permit revocation, inability to pay fines, or an emergency order if the violation poses an immediate threat to human health or the environment, like hazardous chemical spills or illegal dumping of toxic waste. Imagine your house being condemned—technically, you still own it, but you can’t use it until you make all the necessary fixes.
  • Civil or Criminal Penalties - The most severe type of enforcement, civil or criminal charges, typically result from fraud, falsifying records, intentional environmental damage, or causing significant harm to the environment, wildlife, and/or human health. In these cases, individuals—business owners, managers, or employees—can be held personally liable. This isn’t just about your company anymore; your personal freedom is at stake. People can and do go to jail or prison for serious environmental violations. No analogy needed here. 

Understanding Who Gave You the Violation

Many businesses panic when they receive a violation, thinking they are in deep trouble with the EPA. While that’s possible, it’s often not the case. Different regulatory agencies enforce environmental laws at various levels, and understanding who issued the violation helps determine its severity.

  • Local Authorities - You may have violated a city ordinance enforced by local agencies, like city code enforcement or a fire marshal. While this is still a problem, local-level violations are usually the least severe.
  • County Authorities - Some violations fall under county regulations. County enforcement is a step up from local authorities—comparable to a run-in with local police rather than just a parking enforcement officer.
  • State Agencies - Your state environmental agency, such as the North Carolina Department of Environmental Quality (NCDEQ) or the New Jersey Department of Environmental Protection (NJDEP), enforces environmental laws at the state level. These violations are more serious—like getting stopped by state troopers rather than local police.
  • Federal Regulators - If you’ve been cited by the U.S. Environmental Protection Agency (USEPA), this is a major issue. Federal violations can involve massive fines, strict enforcement, and even legal consequences. This is like dealing with the FBI or the IRS—not something you want to take lightly.

gavel on a desk

Understanding What You Got the Violation For

Environmental violations can happen for a wide range of reasons. Some are simple mistakes, like not realizing you needed a stormwater permit. Others can be more serious, such as failing to report hazardous materials under Tier II regulations or even intentionally dumping toxic chemicals down the drain.

There are too many possible scenarios to list here, but the key takeaway is this: there was a rule or law in place, and you broke it—whether you knew about it or not.

Understanding exactly what you are in trouble for is critical. If you’re unclear on what the violation means or how to address it, reach out to an expert immediately. The sooner you understand the situation, the sooner you can start resolving it.

What to Do Now

  • Take a Deep Breath - This may seem overwhelming, but panicking won’t help. Take a moment to collect yourself before taking action.
  • Cooperate, Don’t Hide Anything - Trying to cover up a violation or mislead regulators will only make things worse. Transparency is key to resolving the issue efficiently.
  • Accept Responsibility - If you made a mistake, own up to it. Regulatory agencies often work with companies that take violations seriously and show a commitment to fixing the problem.
  • Determine the Severity - If it’s just a minor NOV or a small fine with an easy fix, you may be able to handle it in-house. However, even in minor cases, consulting an expert can help ensure you fully understand your obligations and avoid repeat violations.
  • Get Professional Help - Environmental consultants, like RMA, specialize in helping businesses navigate violations, develop corrective actions, and communicate effectively with regulators. We can assess what went wrong, create a compliance plan, and help implement necessary changes.

Environmental Consultant During Site Visit

  • Consider Legal Counsel - For serious violations, particularly those issued by state or federal regulators, legal representation may be necessary. If there’s a chance of criminal penalties or extensive fines, having an attorney involved is critical.
  • Work Quickly - Don’t delay in addressing the violation. The longer you wait, the worse it can get—fines may accumulate daily, regulators may lose patience, and your business operations could be further impacted. Acting swiftly shows regulators that you take compliance seriously and are committed to fixing the issue.
  • Return to Compliance - Once you understand what needs to be done, act quickly to resolve the violation. This might involve submitting missing reports, applying for a necessary permit, correcting hazardous waste storage practices, or implementing new training programs. Your consultant should guide you through this process.

Looking Ahead to the Future

Once you’ve handled your violation, the work isn’t over. Even if you’ve paid your fine or fixed the immediate problem, you’re now on regulators’ radar. Your business will likely face additional scrutiny, and you need to take steps to prevent future violations. Here’s what to expect and how to move forward:

Regulators Will Be Watching You

Once a violation has been issued, expect follow-up inspections. Regulators want to ensure that you’ve corrected the issue and that you’re taking compliance seriously moving forward. If they find repeat violations or signs that you haven’t learned from the first one, the consequences could be even worse next time.

Your Reputation May Take a Hit

Environmental violations are often public records, meaning repeated violations or serious enforcement actions can hurt your reputation, making it harder to win contracts, keep customers, and maintain trust in your industry. Some businesses have even faced media coverage or social media backlash for environmental violations, particularly if they resulted in environmental harm or public safety risks.

industrial worker sitting at computer with paperwork strewn looking overwhelmed and stressed

Competitors May Use It Against You

If your competitors find out about your violation, they may use it as leverage to win business. Customers—especially large corporations with strict environmental policies—may hesitate to work with a company that has a history of violations. Having a strong compliance program in place and making clear improvements can help repair your reputation over time.

You Need a Long-Term Compliance Strategy

The best way to avoid future violations is to understand your environmental requirements and put a system in place to ensure compliance. This might include:

If your business doesn’t have a strong compliance program, now is the time to build one. Taking proactive steps now can save you from costly fines, operational disruptions, and legal troubles down the road.

Violations Don't Have To Define Your Business: Get Help Now

A violation can feel like a major setback, but it doesn’t have to be the end of the world. How you respond matters. If you treat it as a wake-up call and take action to improve your compliance efforts, you can turn a bad situation into an opportunity to strengthen your business.

Dealing with an environmental violation may seem scary, but with expert guidance, you can get through it and come out stronger on the other side. If you need help addressing a violation, reach out to us at RMA. We’ll help you understand what went wrong, how to fix it, and how to stay compliant moving forward.

Environmental Consultant During Site Visit

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