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The Environment and Your Business
Environmental Safety-first stems from a working knowledge of Connecticut and federal laws
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Business New Haven
10/6/1997
By: Debra A. Drexler
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Government Sources
As our society reaches the zenith of this millenium, the practice of law as well as numerous other professions and businesses are affected by the complex network of rules governing the environment. Below we attempt to direct the reader to the resources available to avoid or remedy transgressions in this heavily regulated field.
If you are contemplating starting a business, either one that you already know has environmental implications or one that even smells like it might have, you may wish to start with the ombudsman of the Connecticut Department of Environmental Protection (DEP), Bob Kaliszewski (860-424-3003). Kaliszewski can answer preliminary questions or refer you to the right source within DEP for your concerns. He will also send you DEP's publications regarding permit applications with applicable instructions.
For those who hesitate to leap into the arms of a potential adversary, DEP also has a detailed website at http://dep.state.ct.us/ which will, with some effort on your part, provide information on most problems and allow you to electronically download certain DEP publications with WordPerfect 6.1-compatible software, at http://dep.state. ct.us/permit/download.htm. In any event, do not miss the support and services offered by DEP's Small Business Assistance Program by calling Tracy Babbidge in the ombudsman's office (860-424-3382, http://dep.state.ct.us/air/smallbus.htm).
Similar to DEP, but with respect to federal requirements, you can obtain a wealth of information and assistance from the U.S. Environmental Protection Agency (EPA). The ombudsman for Region I is Dwight Peavy (888-372-7341). To review publications, statistics, hotlines, statutes, rules and regulations, contract information, etc., contact http://www.epa.gov/epahome/business.htm on the Internet.
Finally, small businesses (fewer than 500 employees) should not miss the opportunity to land an EPA contract for research, experimental or developmental work via the Small Business Innovation Research (SBIR) program. Contact the program at http://www.sba.gov/SBIR/.
Non-Governmental Resources
If you prefer a non-governmental source altogether, try one of the several general search tools available. The Environment WebDirectory, self-titled the “Earth's Biggest Environment Search Engine” is at http://www.webdirectory.com/. Paul Krupin's The Toll-Free Environmental Directory is available for $17.95 from the author via Direct Contact Publishing, P.O. Box 6726, Kennewick, WA 99336, or for free at the Torrington High School Library, the East Hampton Public Library, or on the Internet at http://www.owt.com/ dircon. And the EnviroSearching the 'Net category in Ecollection, a listing of environment-specific Web sites located in ctenvironet's own website at www.ctenvironet.com/etable1.htm.
What You Need To Do To Comply
You can access specific documents regarding compliance in any law-school library or, more likely to be available to the public, in the law libraries of state or federal courthouses (for example, the Law Library at the New Haven County Superior Court, 235 Church Street, seventh floor (203-789-7889). Or search the law sections in certain local public libraries. Most of these sources will also have publications which, while not providing
definitive legal information, will likely assist in getting a handle on the issues.
For those who prefer a hands-on, self-help approach to regulatory dilemmas, there are a number of resources. The content of all of Connecticut's statutes dealing with environmental controls can be located electronically, for free, at gopher://cfr. counterpoint:3107/11/files; you can create a narrow research request to fit your specific needs. A subscription service providing the gopher information as well as many up-to-date, additional research tools is Counterpoint Publishing/West Group (800-998-4515, http://www. counterpoint.com). Assistance in complying with federal and state requirements with a little more guidance can be obtained from the following sources, all free: the EPA's Office of Compliance, Small Business Assistance Centers; contact Lynn Vendinello for information (202-564-7066, http://www.epa.gov/reinvent/notebook/sbcac.htm or the “How To Comply?” query within www.epa.gov/epahome/smallbus.htm; the Environmental Compliance Assistance Center, a joint project between industry, Front Range Community College and EPA's Region VIII office can be reached at hazmat.frcc.cccoes.edu/.
When It Comes to
Professional Help
The two most comprehensive resources available to environmental professionals including counsel, engineers, managers, executives and governmental affairs specialists are the Environmental Law Institute (ELI), 1616 P Street N.W., Suite 200, Washington D.C. 20036 (202-939-3800, http://www.eli.org), and the Bureau of National Affairs (BNA), 9435 Key West Avenue, Rockville, MD 20850 (1-800-253-0332, www.bna.com/prodcatalog/ens/ alpha.html for environmental products only; http://www.bna.com/ for all others. ELI provides services ranging from publications to seminars and training courses to The ELI Center for State, Local & Environmental Programs. While both serve primarily lawyers, each prides itself on providing information in plain English unless otherwise specified. Check out ELI's Practical Guide to Environmental Management, 7th Edition for an example of this non-legalese style of communication geared toward non-lawyers dealing with environmental problems.
If you find yourself in the unfortunate position of having DEP, EPA or even the FBI (yes, certain federal statutes do carry criminal penalties; see ELI's Environmental Crimes Deskbook) send you an invitation to come in and “talk” to them, don't kid yourself that it will blow over, and don't go to Uncle Bob's second cousin Portia, who practices family law. Go directly to the State Bar Association (860-721-0025) or your local bar association (in New Haven County, 203-562-9652) and find an experienced environmental lawyer. Failure to do so may indeed send you directly to jail, and will definitely cost you a lot more than $200.
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