Governing Law and Regulations
Small Business Regulatory Enforcement Fairness Act of 1996, 5 USC 601
U.S. Environmental Protection Agency (EPA) Small Business Compliance Policy, 65 Federal Register (FR) 19629
Factors in Decisions on Criminal Prosecutions for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Efforts by the Violator, U.S. Department of Justice (Effective July 1, 1991)
Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations (Audit Policy), 65 FR 19617
Attorney-Client Privilege: General Provisions Governing Discovery; Duty of Disclosure, Federal Rules of Civil Procedure Rule 26
West Virginia Department of Environmental Protection (DEP)
U.S. Environmental Protection Agency (EPA) Region 3
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. West Virginia has no specific law, regulations, or policies for providing environmental audit or penalty immunity privileges. See the national section AUDITS for more information.
Numerous states have passed environmental audit privilege laws or have created policies that under certain circumstances, provide for reduced penalties for violations discovered as a result of an environmental audit. West Virginia has not yet passed such legislation nor implemented any audit policies.
• Administration and enforcement. DEP may require an environmental assessment of a facility as part of its enforcement policy. EPA is responsible for the administration and enforcement of any audit provisions in West Virginia.
PLAN BEFORE YOU AUDIT