You are the Plant Manager of a manufacturing facility and of the many responsibilities you have, one of them includes maintaining your company’s environmental compliance. While you are not an environmental expert, you believe that your company is compliant with environmental laws because you have never been contacted or inspected by the Wisconsin Department of Natural Resources (WDNR) regarding non-compliance with environmental regulations. However, the company has never performed a formal environmental compliance audit to confirm that the environmental laws applicable to the facility have been addressed satisfactorily. Alternatively, you are considering the sale of your business, and rather than have a potential purchaser conduct an environmental audit of your company prior to the purchase, you would like to have control of the audit process by conducting your own audit and have the opportunity to correct any non-compliance issues before the sale.
In Wisconsin, there is a statutory-based program (pursuant to Wis. Stats. Section 299.85, et seq.) which allows companies to conduct an environmental audit without fines or penalties for environmental non-compliance that is discovered by the audit, as long as certain conditions are met. Known as “Enviro-Check,” the program is offered by the WDNR and it allows Wisconsin businesses to proactively assess a facility’s compliance with state of Wisconsin environmental laws and obtain an exemption from liability and penalties, if a good faith audit of the facility is conducted and the applicant agrees to correct the non-compliance issues identified by the audit. The following steps are required to participate in the Program:Read More