Environmental Compliance Audits: Legalities To Know

Contamination is a substantial problem in New Jersey due to our industrial history. The environmental, financial, and health consequences are severe, leading to multiple laws regulating air and water quality, waste management and recycling, the protection of natural resources, and the community’s right to know about chemical risks. 

Companies show their commitment to environmental sustainability by performing an environmental compliance audit, but the governing laws are intricate. SCC Legal has many years of experience handling complex environmental law matters, with positive results for our clients. In this article, we look at environmental audits, the different types, and common findings. We also highlight how our legal expertise can assist your business with environmental compliance. 

What Is an Environmental Audit?

The New Jersey Small Business Environmental Assistance Program (NBAP), New Jersey Department of Environmental Protection, defines an environmental audit as follows: 

“An examination of a facility’s environmental records and practices while checking for both accuracy and conformance to the organization’s environmental policies and regulatory responsibilities.”

The objectives of an environmental audit are to help businesses:

  • Understand relevant environmental requirements.
  • Set environmental goals consistent with their operations.
  • Identify compliance deficiencies and correct them before they become violations.
  • Discover opportunities to become more efficient and reduce their environmental footprint.  

Types of Environmental Audits

Environmental audits must be completed for all company sites, with time and cost implications for businesses. Companies benefit when they consult with an environmental attorney throughout the audit process to ensure legal requirements are complied with. The three primary types of environmental audits are environmental compliance audits, environmental management audits, and functional environmental audits.

An environmental compliance audit reviews the site or company’s legal compliance status, while an environmental management audit helps businesses measure performance against their environmental performance standards. Functional performance audits measure the effects of a specific activity, such as wastewater management. 

Common Audit Findings

Organizations can strengthen their environmental impact and avoid regulatory penalties by complying with regulations. Audit findings are broad, but we highlight the following: 

  • Outdated environmental programs

Environmental programs that have not been updated to reflect current regulatory standards or site conditions. 

  • Insufficient recordkeeping and documentation

Inspection violations and missed deadlines are the result of missing, incomplete, or disorganized records related to permits, training documentation, and more.

  • Incorrect materials management, handling, and reporting

Inappropriate hazardous materials management and waste handling practices combined with reporting inaccuracies can lead to environmental contamination and severe penalties. 

The Role of Legal Expertise in Environmental Compliance

The purpose of an environmental compliance audit is to help companies and organizations adopt practices that benefit the environment, business, and community. Ignoring the state’s comprehensive environmental laws results in reputational damage, large fines, and legal liabilities that could have been avoided with the assistance of an environmental lawyer during the audit process.

SCC Legal assists small to mid-sized New Jersey businesses with legal guidance on regulatory compliance and audits. We can also represent your business in environmental litigation and disputes.  

For more information on environmental law, or if you want to discuss the legalities of an environmental compliance audit in NJ, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

Understanding The Importance of Green Business Practices

Understanding The Importance of Green Business Practices

Sustainable business practices are no longer just a trend—they’re a necessity. With climate change driving more severe weather events and environmental regulations tightening, companies must navigate an evolving landscape of responsibility and compliance. From mitigating contamination risks to managing environmental liabilities, businesses must be proactive in their approach to sustainability.

At SCC Legal, we have over 40 years of experience helping New Jersey businesses tackle complex environmental and redevelopment challenges. Whether you need legal guidance on Superfund litigation, environmental liability insurance, or cost recovery actions, our team is here to assist. In this article, we’ll explore how environmental laws impact businesses and why adopting green practices is more important than ever.

Introduction to Environmental Laws for Businesses

Several federal and state environmental laws for businesses regulate daily activities, requiring strict compliance. New Jersey companies that purchased previously contaminated properties are familiar with the Federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), colloquially known as Superfund.

State laws, such as the landmark Environmental Justice Law, impact business growth. It requires the Department of Environmental Protection (DEP) to evaluate the public health and environmental impacts of certain facilities on overburdened communities before approving expansions, renewals, or new developments. An SCC Legal environmental attorney can provide guidance to clarify the laws your business must comply with.

The Importance of Environmental Laws

The importance of environmental laws are clear when you consider the long-term legal, financial, and environmental consequences of contamination. New Jersey has the highest number of Superfund sites in the country, and the Environmental Protection Agency (EPA) highlights several sites that are in reuse. 

The site of the American Cyanamid Company, which contaminated soil, groundwater, and nearby waterways with heavy metals and other chemicals, is on the reuse list. The site was closed for manufacturing in 1999, but legal actions by the National Oceanic and Atmospheric Administration (NOAA) were still ongoing in 2024, twenty-five years later.

Greening the Workplace: Compliance Strategies for Green Business Practices

Compliance strategies for a greener workplace will only be successful with the support of employees. Establish clear sustainability goals for the company and consistently communicate them to all stakeholders. Provide training and encourage staff to embrace new habits in support of the company’s waste reduction and energy efficiency efforts.   

Data is an essential tool to show the business is adhering to environmental regulations. Utilize available technology to track data from the supply chain and other areas of the company structure.

Prevent Environmental Contamination in Your Business 

Environmental regulations can be overwhelming for small businesses. The New Jersey Department of Environmental Protection’s small business assistance program (SBAP) provides practical solutions to help companies comply with the laws. These solutions are categorized under the following headings:

  • Environmental accounting
  • Inventory management
  • Good housekeeping
  • Alternative materials
  • Alternative processes.

Have you discovered environmental contamination on your commercial property caused by a previous property owner, which they failed to disclose during the sale? SCC Legal environmental attorneys can initiate a cost recovery action for the cleanup you had to undertake as the current owner. For more information on environmental law, or if you want to discuss the legalities of implementing green business practices in NJ, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

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