Effective Deterrence

While it is always better when those subject to environmental regulations simply comply, a strong enforcement program plays a critical role in discouraging future violations and turning past offenses into environmental gains.

Facing a greater likelihood of being caught and then paying dearly for it, would-be scofflaws are increasingly thinking twice about trying to circumvent environmental laws in Massachusetts. Meanwhile, violators MassDEP has pursued for damaging natural resources and placing people and property in harm's way have not only been made to pay financially, but also to right past wrongs.

Across Massachusetts in the last fiscal year alone, violators who contaminated land, fouled water, polluted air and placed public health at risk were required to remove 36,000 gallons of chemicals from hazardous waste sites, cleaned 760,000 gallons of contaminated groundwater, excavated 88,000 cubic yards of contaminated soil for proper management, eliminated tons of toxic and smog-causing emissions from the air, and safely completed asbestos abatement projects in hundreds of commercial, industrial and residential buildings.

Environmental Justice

MassDEP concentrates its investigations and enforcement actions not only where there is a higher potential for harm to the environment and risk to public health, but also where success can lead to the greatest good. This approach parallels the core principles of Environmental Justice (EJ).

The agency specifically targets EJ neighborhoods because they are generally located in close proximity to many of the state's abandoned and contaminated sites, power plants, and large factories. Most are densely populated urban areas with higher than average numbers of minority residents. These neighborhoods account for only 5 percent of the state's land area, but are home to nearly 29 percent of the Massachusetts population.

Illegal dumpers, in particular, prey on these areas. This is because they can access city neighborhoods easily by car or truck, and there is enough activity going on most of the time that their illegal activities escape notice.

The material that "dump-and-run" violators leave behind at best creates an eyesore and at worst poses health and public safety risks, especially to neighborhood children. There are economic costs, as well. Property values decline and cleanup costs are inevitably passed along to taxpayers.

'Candid Camera' Initiative

An example of how the MassDEP enforcement approach benefits EJ communities can be found in a recent effort to combat illegal dumping. In 2005 and 2006, five cities - Boston, Lawrence, Leominster, Lynn and Worcester - partnered with MassDEP and the state's Environmental Strike Force to install covert video surveillance equipment, which helped identify scores of violators who were subsequently prosecuted and penalized.

The success of this initiative has prompted an additional 20 communities to ask MassDEP for help in setting up similar efforts. Acting Commissioner Arleen O'Donnell recently announced an expansion of the program, adding six more camera systems to supplement the four now in use to improve the ability and reach of local enforcement officials to address this problem.

In 2007 and beyond, MassDEP will continue to look for new, innovative and flexible enforcement approaches that ensure a bottom line reflecting not just more enforcement cases and higher penalties, but a cleaner and healthier environment.

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