Friday, April 18, 2014

DEP Publishes Final Community Environmental Projects Policy In PA Bulletin

The final version of DEP's Community Environmental Projects (CEP) Policy was published in the April 19 PA Bulletin.  
The CEP policy outlines the process for DEP consideration of a Community Environmental Protect, in certain situations, in lieu of a portion of the amount of civil penalty it will accept as a settlement.
A CEP is a project that substantially improves, protects, restores or remediates the environment, or improves, protects or reduces risks to the public health or safety.
DEP staff will consider the performance of a CEP, in appropriate situations, in lieu of a portion of the amount of civil penalty it will accept as a settlement.  The department may, in determining the amount of civil penalty to collect, consider projects that have substantial public health or environmental benefits.
DEP may consider CEPs in situations it decides are appropriate, as an exercise of its enforcement discretion.  Additional consideration may be given to CEPs proposed in areas that are susceptible to disproportionate environmental impacts and projects that will benefit conditions in an environmental justice area.
DEP sought input from the Citizens Advisory Council and the Environmental Justice Advisory Board in the development of the policy. Where possible, those comments were included in the version that was shared with the public for comment.
Due to the early involvement of both advisory groups prior to public comment, neither had additional comments on the version published for public comment.
The final version of the policy will be available in DEP's eLibrary by searching for policy 012-4180-001.
(Reprinted from DEP’s April 17 Newsletter. Click Here to sign up for your own copy.)

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