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Charting a Course for

NJDEP’s Compliance and Enforcement

Programs stakeholder meetings on transformation

December 10th and 13th 2010

Public Hearing Room NJDEP Headquarters 401 E. State St.

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DEP TRANSFORMATION PLANOctober 2010

• “To achieve the objectives of the transformation priorities, all of us must be not only willing but also committed to making fundamental changes in how we function and in how we think about what we do daily.”

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Transformation is not a change in mission

• Committed to our mission: – “NJDEP’s core mission is and will continue to

be the protection of the air, waters, land, and natural and historic resources of the State to ensure continued public benefit.” DEP Vision Statement

– No loss of historic gains– No back-sliding

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Transformation affects all

• Relationships between stakeholders must continue to evolve and strengthen

• Common interest in sustainability and alignment of environmental, social and economic objectives unites us

• Innovation leading to environmental improvement cannot happen without significant trust

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The challenges for compliance and enforcement

• Pollutant problems persist• New laws and mandates continue• Rising expectations from stakeholders• Shrinking resources • Little innovation in methods or practices• Uncertain results

– what do we deliver and how efficiently?

• Signs of diminishing returns

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Today’s objectives

1. Obtain useful feedback on possible changes to, and expansion of our role

2. Develop measures or results that we are empowered to seek and capable of delivering

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What does today lead to?

• Today and through Dec 2010 (phase 1)– clarify boundaries, results and measures

• Jan- Feb 2011 (phase 2)– Solicit and organize ideas for change– Refine ideas into discrete projects– Prioritize projects that deliver results

• March 2011– Schedule and begin to implement projects– Make program specific distinctions

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Ground Rules

• Facilitator will:– Recognize speakers in turn– Keep discussion high level and conceptual– Avoid program specifics– Foster examples to illuminate ideas only– Limit case specific discussions

• Note: audio of meeting is recorded

• Questions?

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Current Statsapproximate annual figures

programs in Compliance and Enforcement only:Air, Water, Hazardous/Solid Waste, Pesticides, Land Use

• 187 inspectors – down 15% from a high of 214 in 2005

• 11,000 inspections; 80% compliance – (80% of sites inspected had no violation)

• 5,000 complaint investigations• 4,500 informal (no penalty) enforcement actions• 1,500 penalty actions• $10 mil penalties collected

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Current Modus Operandi• Work plans fit EPA, fee and rule mandates

– Logical but stagnant focus on large sources– Little change year to year– Minimal analysis to target resources

• EPA evaluates state Performance based on:– Meeting the mandates– Elements of deterrence theory

• Certainty of catching violators• Sufficiency of penalty (more than benefit)• Timely enforcement

– Little discussion of environmental benefit

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Current Challenges • Signs of diminishing returns

– 80% compliance and rising– Big, obvious cases fewer and farther between– Technical violations that seem unimportant

• Trends leading to breakdown– Less staff– Greater numbers of more diverse sources/actors– Increasing complexity of regulation– Cannot be the default environmental manager to all

• Need for more answers– Problems from uncertain causes– Problems outside our current influence– No means to judge our effect or success

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A. What roles or responsibilities should C&E have beyond

ensuring compliance?

From the invitation:

2. What improvements might be possible outside the current regulatory regime?

3. What is the full scope of functions appropriate for compliance and enforcement staff?

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B. How should C&E deploy resources to optimize

environmental results?

From the Invite:

4. How can we be sure enforcement work is optimized for environmental results?

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C. Considering the conceptual model presented, what directions and functions are appropriate and

viable for C&E?

What may be missing?What deserves more or less

emphasis?

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BREAK

• 15 min.

• Next : Results and Measures

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Results and Measures[currently employed]

Inputs/Resources Outputs/ActivitiesIntermediate

OutcomesFinal

Outcomes/Results

Inspections (#s of large/priority sources)

enforcement action timeliness

penalty appropriateness

 

   

     

     

     

     

     

     

     

     

     

     

     

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Results and Measures[currently employed, available but not employed]

Inputs/Resources Outputs/ActivitiesIntermediate

OutcomesFinal

Outcomes/Results

staff

Inspections (#s of large/priority sources) compliance rates

vehiclesenforcement action

timelinessstewardship

participation cleaner air

computerspenalty

appropriateness cleaner water

phones

GPS tools

monitors  

cameras    

     

     

     

     

     

     

     

     

     

     

     

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Results and Measures[currently employed, available but not employed, not yet available]

Inputs/Resources Outputs/ActivitiesIntermediate

OutcomesFinal

Outcomes/Results

staff

Inspections (#s of large/priority sources) compliance rates reduced pollution

vehiclesenforcement action

timelinessstewardship

participation cleaner air

computerspenalty

appropriateness behavior changes cleaner water

phones

Complaint resolution times

Inspections at high risk, unmanaged sites

People trained

Improved knowledgesufficient and clean

water supply

GPS tools Improved practices healthy communities

monitors  

cameras    

     

     

     

     

     

     

     

     

     

     

     

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D. After reviewing current C&E program measures, how should

any future strategy be measured to ensure

environmental results?

From the invitation:1. What is the current regulatory regime delivering today?

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E. Which results or measures are of most importance or

value?

F. Which are feasible to pursue?