If you have doubts about your compliance with environmental regulations (Federal or State) then you may live in fear of an inspection by an inspector of those agencies.  In Michigan, however, a business has the option to take part in a voluntary program administered by the Michigan Department of Environmental Quality Office of Environmental Assistance.  Its purpose is to encourage  Michigan businesses and public entities to self-initiate and conduct audits of their compliance with state environmental laws.  Its name:  Michigan’s Environmental Audit Privilege & Immunity Law (Part 148, PA 451 of 1994).

Why would a business voluntarily disclose to the MDEQ (or anyone for that matter) its potential violations of the regulations?  Because the law expressly provides immunity from state administrative or civil fines and penalties, and even certain criminal penalties and fines (except in the case of gross negligence) if the conditions of the audit program are met.  Those conditions include:

• You must self-initiate the environmental compliance audit, it cannot be the result of an order or enforcement action of the MDEQ or other regulatory agency.
• The audit must be conducted by you, your employees, or a third party under your direction (eg. a hired consultant like my former employer: Fehr Graham Engineering & Environmental).
• Any potential violations of environmental regulations must be voluntarily and promptly reported to the MDEQ using the procedure outlined in the Audit Program.
• In addition to prompt and voluntary disclosure, any potential violations found must be voluntarily and promptly corrected.

A critical requirement of this law is that you take the initiative to conduct the audit and promptly report and correct any potential violations.  The burden is on you since no representative of the MDEQ will enter your premises as part of this action.

You needn’t be concerned about revealing proprietary information as a result of this audit since the law  allows certain information to be held confidential and not accessible to state/local government or the public.

Despite all its benefits, there are some limits to the program, for example the immunity provided by the Environmental Audit Program is limited to certain portions of Michigan’s environmental regulations and does not include federal or local laws or regulations.  Some USEPA regulations, however, are administered by the MDEQ and immunity under this program would apply.  If potential violations at your facility are not covered by the Michigan Audit Program, the USEPA offers a similar immunity program for voluntary compliance; be sure to review the conditions of this federal program as well as those of the MDEQ.

If you are uncertain about your facility’s compliance with the regulations of the MDEQ or the USEPA, don’t fear!  Both Federal and State agencies offer an opportunity for you to return to compliance without concern for violations and fines.  Take advantage of this opportunity instead of waiting for the inevitable site inspection of the MDEQ or USEPA.  For more information about the MDEQ Environmental Audit Privilege and Immunity Program you may contact the local MDEQ district office or the Environmental Assistance Center @:  800.662.9278.

If you have questions about the Michigan and USEPA regulatory requirement to provide annual training for Hazardous Waste Personnel, please don’t hesitate to contact me.