August Mack Newsletter | April, 2019

What Happens When We Don't Maintain Compliance?
by Susan Burkett

Everyone talks a good game when it comes to regulatory compliance and I think by and large no one wants or plans to be out of compliance but having worked as an Environmental Consultant for many years there is always room for improvement.  This “room for improvement” can sometimes be identified during a regulatory agency inspection which can be very costly.  Although there are ways to prepare for a regulatory agency inspection, you will not know whether that preparation was adequate until after the inspection and at that point then it is too late to avoid the Notice of Violation (NOV), fines and penalties.

Some companies have unfortunately found out the hard way what happens when compliance is not maintained.  Here are a few examples of the outcome of a regulatory agency inspection that has identified compliance deficiencies:

  • Company ordered to cease operations and fined $6 million
  • Company officials sentenced for felony violations of the Clean Water Act
  • Resident sentenced to 41 months of prison, 300 hours of community service, a $12,500 fine and an additional $200 fine for each victim
  • Company to pay $1.4 million penalty for Clean Air Act violations and spend an estimated $2 million in pollution controls
  • Corporation fined $100,000 for Resource Conservation and Recovery Act violations.

For clients who have contracted for August Mack’s award-winning eCAP® (Compliance Assurance Program), a constant state of compliance is maintained (i.e., you are always prepared for a regulatory agency inspection). Through this program, August Mack’s technical staff can organize, prioritize and accurately complete all of your EPA, OSHA, DOT and other regulatory requirements. The eCAP® program is an environmental health and safety (EH&S) management system (EMS) that outsources the client’s EH&S administrative responsibilities to August Mack’s team of EH&S experts for a fixed monthly fee.  Instead of having your compliance status confirmed during your next regulatory agency inspection with unintended and sometimes costly results, consider using eCAP® to allow August Mack’s team of EH&S experts to routinely and methodically assess and maintain compliance at your facility including any new EH&S regulatory requirements.

The eCAP® main goals are to provide and maintain measurable Compliance Assurance by:

  • Assigning August Mack’s EH&S experts to identify compliance requirements.
  • Performing and documenting routine compliance site inspections to validate adherence to compliance activities associated with regulatory requirements.
  • Creating, organizing, and maintaining required compliance documents (eCAP® webpage).
  • Communicating compliance responsibilities to the management team via the eCAP® webpage, scheduled facility meetings, and an action item list.
  • Preparing required reports and providing methodology statements.
  • Creating and assisting facility personnel with required record-keeping procedures and proper data collection techniques.
  • Tracking responsible parties for compliance activities.
  • Providing a timeline for compliance goals and associated activities.
  • Alerting and informing the management team of future compliance applicability and requirements.
  • Acting as a conduit and liaison for regulatory documentation for federal, state, and facility.
  • Completing annual plan reviews and updates by August Mack so that plans are always current.
  • Providing options for routine EH&S training and Safety Data Sheet (SDS) management.

eCAP® is a cost-effective solution to manage your EH&S compliance. The benefits of using eCAP® include:

  • Comprehensive EH&S technical expertise
  • Potential cost savings of more than $100,000 per year in implementation and administrative costs.
  • A consistent, reproducible EH&S management system that can be tracked and reviewed by management and/or corporate personnel on a real-time basis.
  • Reduce the risk associated with non-compliance.
  • Being formally qualified as a Supplemental Environmental Project (SEP) through the EPA.
  •  Assurance of compliance with new and changing regulations.
  • Maintain institutional knowledge even during EH&S personnel changes.
  • Access to EH&S information whenever and wherever through a secure online website set-up specifically for each eCAP® client.
  • Eliminate the need for plant personnel to receive outside training on regulatory requirements as August Mack personnel maintain expertise in all areas of EH&S compliance.
  • Reduce or eliminate compliance activities for plant personnel.

Unless you have a burning desire to really find out what happens when you don’t maintain compliance (and trust me it will come with a minimum of a four-figure price tag), consider eCAP® as a means to achieve and maintain your facility’s EH&S compliance.  

For more information on this topic, sign up to attend our webinar on May 22, 2019.

Susan Burkett is a principal engineer and certified safety professional for August Mack Environmental, Inc. in Lancaster, Pennsylvania.  She has spent the last 27 years working on projects related to environmental, health and safety compliance for government, industrial, manufacturing, commercial, and educational facilities in AL, AZ, CA, CO, CT, DE, FL,GA, IA, IL, IN, KS, KY, LA, MA, MD, MI, MN, MO, NC, NJ, NY, OH, OR, PA, TX, VA, and WI.  She has assisted numerous industrial facilities in complying with a wide-range of EH&S requirements.  She can be reached at 717-399-9587 ext. 224 or


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