Governing Law and Regulations
Environmental Audit Incentive Policy: Commissioner Policy (CP) 59
New York State Department of Environmental Conservation (DEC) Office of General Counsel
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. New York's Environmental Audit Incentive Policy establishes an internal agency procedure for adjusting penalties where regulated entities detect, voluntarily disclose, and quickly correct certain violations discovered through environmental audits or formal compliance assistance programs. If a regulated entity satisfies certain criteria, the New York State Department of Environmental Conservation (DEC) may waive the gravity portion of the penalty, and those entities utilizing regular environmental audits, environmental management systems, and pollution prevention may also see the economic benefit portion of the penalty reduced.
• Administration and enforcement. The DEC administers enforcement actions under state law with guidance from the state's Environmental Audit Incentive Policy.
ENVIRONMENTAL AUDIT INCENTIVE POLICY
New York's Environmental Audit Incentive Policy applies to any public or private entity, including federal, state, or municipal agency, governed by New York environmental laws and regulations.
Exclusions. The Environmental Audit Incentive Policy does not include regulated entities that, within the last 5 years:
- Have received a Notice of Violation, Environmental Conservation Appearance Ticket, Notice of Hearing and Complaint, an administrative or judicial order or were subject to a penalty demand; and
- Were ...