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Environmental Laws And Small Businesses

On Behalf of The Andres Lopez Law Firm , PA | October 8, 2024 | Uncategorized

Your business may need to comply with environmental laws and ordinances created on the federal, state, and local levels. Depending on what type of business you run and the products you make, store, use, discharge, or sell, these statutes and regulations may or may not be an issue. Find out if they apply to you and ensure you follow them because non-compliance can be expensive.

Following these laws will protect the environment, and you’ll avoid fines and bad publicity that come with cleaning toxic substances from your community and government actions taken against your business. These laws don’t necessarily prevent your company from discharging something toxic. There may be a permitting process to allow its release, or another acceptable disposal method may be used as a corporate litigation lawyer can explain.

Federal Laws

The Environmental Protection Agency (EPA) enforces these laws, but private parties may also sue you if your non-compliance results in physical harm or damage to their property.  Some of these laws include:

• The Clean Water Act — You may be able to discharge pollutants into bodies of water within limits.
• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — This covers hazardous waste, how it’s disposed of, and accidental releases and spills.
• The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) — This law regulates pesticides to protect human health and endangered species
• The Occupational Safety and Health Act (OSHA) — Employers must provide workers with a safe workplace, which includes exposure to toxic substances
• The Safe Drinking Water Act (SDWA) — This covers the safety and quality of drinking water.

Comply with applicable laws by handling hazardous substances properly and maintaining accurate records.

State And Local Environmental Laws

Small businesses must also comply with state and local regulations enforced by government agencies as our friends at Focus Law LA can share. Private parties harmed by your failure to follow them may also sue you to collect compensation. These rules are more tailored to the environmental issues in the areas they cover. Federal, state, and local regulations may overlap, and you must comply with them all. Some of the problems state and local laws and ordinances cover include the following:

• Hazardous waste management: Rules can cover its creation, storage, transportation, and disposal. It may be hazardous because it’s flammable, corrosive, reacts with other substances, or contains toxins. You must handle this material properly and thoroughly document that you did so
• Air quality regulations: If your company releases airborne pollutants and substances, you may need to install control devices, track your emissions, and file regular reports with the applicable agency
• Water quality: If your business emits wastewater, laws require that it be safe enough to discharge, though it may not need to be safe enough to drink. Laws control what can be in the wastewater and at what levels. They can also cover rainwater discharge to prevent rain from washing toxic substances on your property into nearby streams and rivers

You must educate yourself on the chemicals and substances your business handles, whether environmental laws regulate them, and, if so, what you must do to comply with applicable controls.

Compliance Is Important

Businesses are critical parts of our community. Without water safe enough to use, air that’s clean enough to breathe, and land that’s clear of toxic waste, your community will be in serious trouble. Those goals may be reached when businesses comply with applicable environmental laws. Companies may also avoid governmental actions and private lawsuits if they take their responsibilities seriously. If you have questions, talk to your attorney to ensure you work within the law.