Air & Waste Management Association

Transformation at NJDEP’s Compliance & Enforcement Program

Wolf Skacel Assistant Commissioner

October 14, 2011

Overview• Background to C&E‘s Transformation• C&E Transformation Goals• Transformation • Departmental Goals

FY2010 Compliance Rates†

67%

91%

67%54%

78%88%

61%

90%

0%10%20%30%40%50%60%70%80%90%

100%Air

Hazardous Waste

Land Use

Pesticides

Solid Waste

Water Quality

Water-Quality- UST

Water Supply

1970 Pollution Levels

2011Pollution Impacts Total Pollution Impact on

Environment

Areas of Non-Compliance

C&E Transformation Efforts

C & E Transformation Goals

• High but meaningful compliance• Better behavior from others resulting in better

environmental protection or outcomes (whether mandated or not)

• Finding and fixing environmental problems• No backsliding on previous gains

Percent of checklist requirements found In Compliance (IC)

in 2009

for: Air; Hazardous waste; Solid Waste; Water Quality; Water

Supply

In Compliance

66.00%

68.00%

70.00%

72.00%

74.00%

76.00%

78.00%

80.00%

Stewardship Sites with aPolicy

All Stewardship Sites Non-stewardship Sites

Key Systems 1 Strategic Management system (targeting, ensuring deterrence, prioritization, workplans,

consistency, measuring and communicating success)

2 Education system (training sessions, on-site assistance, guides and materials online)

3 DEP Strategic Management System (aligning all areas with mission, DEP-wide prioritization, re-allocating resources, ensuring communication and collaboration)

4 Investigation/Problem ID system (managing and responding to complaints and referrals, community input, observation, research & analysis, DEP science input)

5 Inspection system (prep, on-site, interview, compliance and stewardship, report, novs)

6 Information system for behavior change (devising collection or development of new information, building reports or materials for direct or third party influence)

7 Enforcement system (follow-ups, penalties, case management, settlement, ADR, "conversions" of bad guys to good guys, SEPs)

8 Self-reporting system (self-cert, disclosure, monitoring, audit schemes, etc.)

9 Bulk Processing (licensing, fees, billing and collections)

Prioritized Key Systems 1 Strategic Management system (targeting, ensuring deterrence, prioritization, workplans,

consistency, measuring and communicating success)

2 Education system (training sessions, on-site assistance, guides and materials online)

7 Enforcement system (follow-ups, penalties, case management, settlement, ADR, "conversions" of bad guys to good guys, SEPs)

Projects Chosen1. C&E Strategic Management System 2. Education over enforcement 3. SEP rule/policy

Implementation of a Strategic Management System (SMS)

• Using a Balanced Scorecard (BSC) model developed by Norton and Kaplan

• The System will be “cascaded” throughout C&E in a tiered manner from top to bottom by management levels.

• Performance measures are being developed to demonstrate progress towards accomplishment of goals

9

Creation of an Environmental Intelligence Center (EIC )

• Leverages our impressive data collection capabilities & data systems to develop intelligence products,

• integrates C&E and DEP goals and objectives and collaborates with our internal and external partners.

• The EIC will consist of three separate and distinct subsidiary elements, with each element having responsibilities and tasks contributing to the overall effectiveness of intelligence-led enforcement. These elements are:

• Watch Operations• Analysis Element• Asset Management

10

Watch Operations

11

Watch Operati

ons Element

Watch Operations will maintain and communicate situational awareness for the entire organization

Watch operations will encompass communications across C&E and between C&E and external stakeholders. This would include duty officer responsibilities, OPRA, complaint tracking, and cross-program referrals.

Analysis Element

12

The Analysis element will house analysts who have the capabilities to translate raw data into useable and relevant intelligence products.

Translate Raw Data

into Standardized and Useable Intelligence

Quickly Generate Multiple

Types and Formats of Intelligence

Identify Data Gaps

and Develop Strategies to Fill Those

Gaps

Make Intelligence

Available and Accessible

Across Program

Lines

Intelligence Products

will Drive Priorities and Asset

Management

Asset Management

13

Development, Tracking and Overall Evaluation

of C&E Work Plans

Management of

Resources and

Organizational

Capacity

Leverage Resources to Achieve Strategic Priorities and Goals

Outreach Coordinatio

n to Communic

ate Priorities

and Results

This element will be charged with the overall development, tracking and constant evaluation of the C&E wide work plan.

Medium and long term priorities, outreach coordination, EPA mandates, managing the intelligence produced by the analysis group, are some components of asset management

.

Restructuring and Alignment of C&E Staff through an Ecological and Holistic Approach

14

• C&E’s organizational structure be reorganized and aligned to support the new strategic focus dictated by the SMS, its goals and objectives.

• appointment of a regional manager to oversee each C&E region under the new alignment paradigm.

• Transitioning away from solely doing mandated inspections to empowering C&E inspectors to find and fix environmental problems

• Embrace a geographic-based, “enviro-shed” holistic approach with Barnegat Bay watershed being the first enviro-shed.

• Gradual transition to multiple enviro-sheds

Barnegat Bay Watershed

• Good controls exist at existing NJPDES facilities that are routinely inspected

• Plan to target non-traditional sources of water pollutiono 5G2 exemption sites claiming permanent non exposureo 5G3 stormwater permitso Inspection of suspected unpermitted dischargeso Stream-walking

• Using aerial maps and NJEMS data to identify potential environmental problems

Recommendations

4. Prioritization of the Key Systems of Work

16

Training Seminars, Outreach & Education

• Facilitate behavior changes through increased education

• Create a comprehensive, sustainable education/Training system that adapts training needs based on feedback from stakeholders & metrics for continuous improvement

• Seeking increased compliance, stewardship, and promotion of environmentally sound operations and practices to protect and conserve our State’s natural resources

Supplemental Environmental Project

• An environmentally beneficial project that an entity voluntarily agrees to perform as a condition of settling an enforcement action.

• A SEP is an activity that the violator would not otherwise have been required to perform, and in which the public or the environment is the primary beneficiary.

• Draft policy under legal review• External stakeholder reviews to be scheduled• Policy to be used as basis for future rulemaking

Department Goals• Comprehensive regional environmental

management• Barnegat Bay restoration as a model for

protecting New Jersey surface water bodies• Enhanced protection of environmentally

overburdened communities• Sustainable parks• Establishing an overall strategy for renewable

energy opportunities in New Jersey

Enhanced protection of

environmentally overburdened

communities

• Inclusive of, but broader than urban or EJ communities focusing on public health related environmental impacts

• Develop a new approach that evaluates multi-media impacts on human health and the environment

• Actively developing a cumulative impact tool• Informed decision making• Department wide effort, not just C&E• External stakeholder involvement part of process

Questions