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Supplemental Environmental Projects Enforce and Enhance Enforcement Cases Before MassDEP Often Include Fines and SEP Plans to Better Protect Local Communities
 A judge reduces a criminal fine, but requires the man guilty of illegal solid waste dumping to perform 200 hours of community service picking trash up along the side of the highway, paying for his crime while benefiting society at the same time.
A concerned citizen voluntarily determines the amount of carbon dioxide emitted by their home and car, calculates the dollar value of these emissions, and invests that amount in clean energy programs, thereby becoming "carbon neutral."
And in between a florescent orange vest and a relatively inconspicuous carbon credit, a business or person in violation of an environmental regulation may be implementing a Supplemental Environmental Project (SEP) by settling an enforcement case with the MassDEP while increasing environmental protection in their community.
A SEP is a project that primarily benefits public health, safety and welfare, and the environment. It also furthers the mission of MassDEP in its efforts to protect the environment.
SEPs Range from Environmental Education to Resource Protection
Take Jiffy Lube, for instance. For failing to comply with hazardous waste management requirements, in addition to paying a fine and complying with applicable regulations, the approved SEP involved paying for the development and publication of advertisements in trade and business journals designed to promote environmental compliance with Massachusetts' waste oil regulations.
Or Clark University, which for failing to notify and take timely response actions for failed underground storage tank tightness tests, paid a penalty and also designed and implemented a SEP. Their SEP entailed updating the Brownfield Geographic Information System (GIS) database, which included specific reference to final cleanup reports and Activity and Use Limitation information for sites within the municipality where the violation occurred.
Graziano Inc. and M&G Realty Trust, a concrete batching facility that discharged silt-laden storm water to surface waters in violation of the Massachusetts Clean Water and Wetlands Protection Acts, performed required restoration work and paid an administrative penalty. They also paid for a SEP that included the design and construction of a vegetated protective buffer between the impacted river and the company's processing facilities.
A Useful Tool in Environmental Justice Communities
A SEP is especially beneficial in communities where the population is disproportionately burdened by pollutant exposure. Emphasizing SEPs in communities where environmental justice issues are present helps to ensure that persons who spend significant portions of their time in areas, or depend on food and water sources located near where the violations occur, will be protected.
MassDEP may approve or deny a SEP based upon a number of factors, including "geographic location" (where feasible) and "nexus." The nexus requirement ensures that the SEP is substantially related to the underlying violation. In some cases, a SEP may even provide an environmental benefit that significantly outweighs the benefit to be derived from a cash penalty alone.
SEPs may involve pollution prevention, pollution reduction, environmental enhancement, education and awareness, scientific research, monitoring and data collection, or emergency preparedness and compliance. SEPs play an important role in MassDEP settlements, furthering our compliance and enforcement goals while providing an increased level of environmental protection. For more information, please read the Policy on Supplemental Environmental Projects: MS Word 60 KB | PDF 80 KB
Print friendly version: MS Word 350 KB | PDF 320 KB
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