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So, are citizens’ tips a major component of enforcement programs?
Primarily, the average citizen is not able to identify anything beyond the most blatant environmental problems. For example, the EPAinforms aspiring citizen inspectorsthat possible signs of an environmentalviolation include:
- Strong, offensive, or unusual chemical odors;
- Large numbers of dead animals, including birds or fish;
- Pipes or valves that bypass wastewater treatment systems;
- Tank trucks discharging into drains, manholes, or surface waters;
- Oily slicks on bodies of water;
- Corroded, leaking waste containers; and
- Barrels dumped at odd hours in remote areas.
The EPA will also direct citizens to or away from specific issues.
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Citizen Expertise
Generally, these types of violations or evidence of violations are associated with entities that are intentionally disobeying environmental laws and regulations. Such entities certainly exist, but they constitute a very small percentage of law-abiding businesses.
This does not comfortably corroborate with the tens of thousands of citizen tips fielded by environmental agencies each year. In other words, the much lower number of tips that result in enforcement actions suggests that the activities being reported by most citizens either are not violations or are not violations that the agencies choose to pursue.
For instance, as of this writing, for calendar year 2015, the National Response Center (where the EPA directs folks to report many violations) has received 7,233 “tips.”
Examples of these tips are:
- Caller is reporting a strong odor of materials in the air coming from a landfill energy pump transfer station.
- Caller is reporting a release of anhydrous ammonia from an unknown source due to unknown causes. Caller stated this facility is unoccupied.
- The caller stated that he observed gasoline “trails” leaking onto the ground at a nearby gas station.
- Caller is reporting that there is a strong unknown chemical smell in the air. The source could be a nearby drilling site. The smell is similar to burning fuel.
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Tip Quality
The actual response to a tip will be based on multiple factors. The Agency must first endeavor to determine the quality of the tip. This is done by considering the source of the tip; its timeliness (whether the violation is ongoing or recent versus long ago); the alleged violator (e.g., size, sophistication, compliance history); and the nature of corroborating information.
Spirit of the Law
Nevertheless, citizens do play a role in environmental enforcement, and both environmental agencies and you must take them into account. One reason the EPA and state agencies invite public tips is that it is in the spirit of major environmental statutes that recognize the rights of citizens to bring lawsuits against either potential violators or agencies themselves for not implementing or enforcing the laws.
A “tip” for you: You can reduce the chance that citizens will report something negative about your facility by complying with the law, presenting a clean image, and responding cooperatively to complaints you receive directly from citizens.