Environmental Laws Small Business Owners Should Know About
By Jade Chounlamountry, Esq. | Legally reviewed by Aviana Cooper, Esq. | Last reviewed June 06, 2024
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Environmental problems are on the rise. To address this, governments have established rules for the environment. Complying with these laws is crucial for:
- Protecting the environment
- Avoiding fines
- Keeping a good reputation
This article will outline the state and local environmental laws that small businesses should know.
Federal Environmental Laws
Congress enacts environmental regulations. Various federal laws and government agencies protect U.S. residents' environment, health, and safety. The Environmental Protection Agency (EPA) plays a critical role in the United States. The agency oversees and enforces environmental regulations. There are various federal regulations applicable to small business owners. Outlined below are some vital federal laws:
- The Clean Water Act — Prohibits discharging pollutants into bodies of water without EPA permits.
- The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — Manages hazardous waste sites, accidents, and spills.
- The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) — Regulates pesticides to protect humans and endangered species.
- The Occupational Safety and Health Act (OSHA) — Requires employers to provide workers with a safe workplace.
- The Safe Drinking Water Act (SDWA) — Addresses issues with the quality and safety of drinking water.
Keeping detailed records is crucial, no matter how big or small your business is. It's essential to handle hazardous waste and pollution control properly. This careful record-keeping is vital to ensure you follow the rules protecting the environment.
State and Local Regulations
Small businesses must consider federal laws and state and local regulations. These local rules are more specific and tailored to address the unique environmental issues in different areas. Below are some examples of regulated environmental issues.
Hazardous Waste Management
Many of the environmental requirements involve the handling and disposal of hazardous waste. Waste is hazardous if it is:
- Ignitable
- Corrosive
- Reactive
- Contains a certain amount of toxic chemicals
The EPA maintains a list of some 500 specific hazardous wastes. Businesses can dispose of hazardous substances on-site or in an off-site disposal facility. No matter what, it's essential to keep careful records. This way, future tenants will know about any pollution or disposal issues.
Local laws typically require:
- Getting permits
- Implementing storage protocols
- Proper disposal through certified facilities
Air Quality Regulations
Air pollution is a significant threat to public health and the environment. Along with the Clean Air Act, state and local governments often have regulations on business emissions. Businesses using machines that release pollutants should pay particular attention to air regulations.
To meet air quality standards, small businesses must:
- Track its air emissions
- Install control devices
- Report regularly to regulatory agencies
Water Quality and Pollution Control
If your small business has wastewater or uses water for industrial purposes, be aware of water pollution control laws. These laws are in place to ensure that the water you release into the environment is clean and safe. Here's a straightforward explanation of what these laws mean for small businesses:
Wastewater Basics
Wastewater is any used water that carries pollutants. Small businesses, like larger ones, can generate wastewater from various activities. This might include washing, cleaning, or industrial processes. When a business releases wastewater into the environment, it should not contain harmful contaminants.
Water Pollution Control Laws
Water pollution control laws set the rules for what you can and can't have in your wastewater. They define the types of pollutants and the amounts considered safe for the environment. The aim is to protect our rivers, lakes, and oceans from harmful substances.
What Small Businesses Need to Do
As a small business owner, it's important to understand your obligations, including:
- Understand the rules — Take the time to learn about the specific regulations for your business. Each business type may have different requirements.
- Monitor contaminants — Regularly check the quality of the water your business generates. This ensures it meets the standards set by the law.
- Treatment and filtering — If your wastewater contains pollutants that exceed the allowed limits, you may need to treat or filter it to make it safe.
- Proper disposal — Businesses should follow regulations when disposing of wastewater. This might include using approved methods or facilities.
- Reporting — You may need to report your wastewater discharges to regulatory agencies. This helps them keep track of water quality.
Stormwater Management
When it rains, the water that flows off your small business property can carry pollutants into nearby rivers, streams, or other water bodies. To prevent these pollutants from harming the environment, many state and local governments have implemented regulations requiring businesses to use stormwater management techniques. These rules seek to keep our waterways clean and healthy. Here's a simple breakdown of what these regulations mean for small businesses like yours:
Why Rainwater Matters
Rainwater can pick up various contaminants as it flows across the ground and through your business site. These pollutants might include chemicals, oils, dirt, or debris. When this rainwater reaches natural water bodies, it can harm aquatic life and water quality.
Stormwater Management Explained
Stormwater management is all about controlling and treating rainwater runoff to prevent pollution. Small businesses need to take steps to manage the runoff from their property. Here's what this involves:
- Retention ponds — Some businesses create retention ponds or basins on their property. These capture rainwater temporarily. The water can be treated before it's released into the environment. This prevents immediate pollution of nearby water bodies.
- Best Management Practices (BMPs) — BMPs are guidelines and practices that help businesses manage stormwater. They can include things like filtering the water, reducing the amount of impervious surfaces (like concrete), and using erosion control methods.
- Compliance with regulations — Your business needs to follow the specific stormwater regulations in your area. This may involve getting permits, implementing approved techniques, and regular reporting to show that you're taking the necessary steps to protect water quality.
The Importance of Compliance
Complying with these regulations is crucial for the environment and your business. It helps ensure that the waterways remain clean and that you avoid fines or penalties for non-compliance. It shows your commitment to being a responsible and eco-friendly business in your community.
Green Building and Energy Efficiency
Several states and localities have adopted green building codes and energy efficiency standards. Small businesses planning new constructions or renovations should know these laws. They may require:
- Meeting specific energy efficiency targets
- Using renewable energy sources
- Green building certification programs
Recycling and Waste Reduction
Many states and communities are introducing recycling and waste reduction laws. These measures target the challenge of solid waste and encourage sustainable practices.
Small businesses may need to recycle or reduce waste through composting and reusable packaging.
Get Environmental Compliance Help
Navigating the various environmental regulations can be difficult. Getting help from an experienced attorney specializing in business law is a wise choice. They can help you understand regulatory compliance.
State Small Business Assistance Programs offer valuable resources. The SBA has guides on compliance with various laws. The SBA provides connections to ombudsman services to streamline compliance efforts. These programs provide:
- Educational materials
- Fact sheets
- Checklists
- Workshops
- One-on-one consultations
Working with an attorney and these aid programs can help you navigate the regulations. They can help you cut risks and focus on long-term growth and sustainability.
Learn About Environmental Laws
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