Receiving a notice from the U.S. Environmental Protection Agency (EPA) or a California environmental agency can raise immediate questions. Is your business accused of a violation? Do you need to provide records? Could the matter lead to penalties or cleanup obligations?
The first steps are to identify the type of notice, calendar every deadline, preserve relevant records, and obtain legal guidance before submitting a substantive response. If there is an active release or immediate safety concern, address emergency response and applicable reporting requirements without waiting for the written response process.
A timely, organized approach to responding to an EPA notice helps your business understand its obligations and prepare an accurate response. The same careful approach applies when reviewing a California environmental agency notice.
Understand what the notice is asking for
Environmental agency correspondence can serve different purposes. An information request, notice of violation, cleanup order, and administrative complaint should not be treated as interchangeable. EPA describes an EPA notice of violation as a step in its investigation and enforcement process. Review the document to determine what it alleges and what response it requests.
A CERCLA Section 104(e) information request from EPA gathers information about a site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Receiving that request does not, by itself, designate your business as a potentially responsible party. EPA may send these requests to anyone with relevant information.
California businesses may also receive correspondence from the Department of Toxic Substances Control (DTSC), the State Water Resources Control Board, or a Regional Water Quality Control Board. A DTSC notice of violation or a Regional Water Board enforcement notice should be reviewed according to its specific terms and legal authority. Depending on the issue, local environmental agencies may be involved.
Read the notice and attachments carefully. Identify the agency, named business or facility, legal authority, alleged issue, requested documents or corrective action, and every deadline. If the correspondence appears suspicious, verify it using independently obtained agency contact information. EPA has issued an alert about fraudulent notice of violation letters.
Calendar every deadline immediately
Record when the notice arrived and retain the envelope, email, and delivery information. Ask counsel to confirm how environmental agency response deadlines are calculated and whether they run from issuance, service, or receipt. There is no single response period that applies to every environmental notice.
A notice may contain separate deadlines for producing records, completing corrective work, or requesting a hearing. Assign an internal owner to each requirement and allow time for document collection and review.
If you need additional time, request an extension before the applicable deadline. Explain why more time is needed and propose a realistic date. An extension request does not itself change the deadline; obtain written confirmation of any approved change.
Preserve relevant documents and electronic records
Before preparing a response, preserve information related to the notice. Work with counsel to determine whether a formal document preservation hold is appropriate and which employees, consultants, and other record custodians should receive instructions.
Relevant materials may include environmental permits, inspection reports, waste manifests, disposal invoices, laboratory reports, operating logs, training records, property documents, emails, photographs, and contractor communications. Suspend routine deletion where necessary and retain original files.
Do not backdate records or recreate missing documents as though they were originals. If information is unavailable, document the search and obtain advice on explaining the gap accurately.
Involve environmental counsel early
An environmental notice may involve technical compliance questions as well as legal issues concerning responsibility, disclosure, and response rights. A California environmental enforcement attorney can assess the request, review the facts, coordinate technical assistance, and evaluate the proposed response.
A qualified environmental consultant may be needed to interpret sampling results, inspect equipment, or develop corrective measures. Discuss privilege and confidentiality before starting an internal investigation. Copying an attorney on an email does not automatically make it privileged, and preexisting business records do not become privileged simply because they are sent to counsel.
Investigate the facts before answering
Build a factual timeline using records and interviews with employees who have direct knowledge. Separate verified facts from assumptions. Confirm dates, quantities, facility names, and the roles of contractors or prior owners. If a question is unclear, seek clarification rather than guessing.
For an information request, review each question individually and identify the supporting records. Explain unavailable information accurately and have counsel review any required certifications. The response should address what is legally required with supported, consistent information.
Address ongoing compliance concerns promptly
Preparing a written response should not delay necessary action to protect people or the environment. For environmental compliance, California businesses should coordinate with counsel and technical professionals to determine the appropriate corrective steps if the notice identifies an ongoing problem. Document the condition, work performed, and evidence of completion.
California Water Boards use a range of enforcement tools. The Central Coast Water Board describes an approach that may escalate from notification and compliance assistance to more severe enforcement when cooperative measures do not achieve compliance.
Correcting a condition does not automatically resolve questions about past violations or penalties. Confirm what additional submissions, monitoring, or agency approvals remain necessary.
Submit a clear and reviewed response
Before submitting, check that the response addresses every required item and follows the notice’s instructions. Reference the notice and case number, answer questions in the agency’s numbering order, label attachments, and include required signatures or certifications.
Have counsel review any applicable confidentiality claim procedures before producing sensitive information. Keep a complete copy of the submission and proof of delivery. Assign responsibility for follow-up requests and continuing compliance obligations.
Frequently asked questions
Does an EPA information request mean my business is responsible for contamination?
Not necessarily. EPA states that a CERCLA Section 104(e) information request does not itself designate its recipient as a potentially responsible party. Your business should still review and respond to the request carefully.
Can a business ignore a notice it believes is incorrect
Address a disagreement through the appropriate response or challenge process. Preserve supporting evidence and have counsel evaluate the notice’s requirements and deadlines for contesting it.
Is there a standard response deadline
Do not assume a universal deadline. Review the specific notice, governing requirements, and service information. Different submissions or procedural rights may have different deadlines.
Should a business contact the agency directly
Administrative communication may be appropriate, but coordinate substantive discussions with counsel. Designating one contact helps keep communications accurate and consistent.
Discuss your environmental agency notice
Received an EPA, DTSC, or Regional Water Board notice? Whether you are responding to an information request or an environmental violation notice in California, contact Tropea McMillan LLP to discuss the notice, applicable deadlines, and the next steps for your California business. Seek advice early so there is time to review the facts and prepare a careful response.