For over six years Dover Greens has methodically worked with the EPA and other agencies to settle environmental issues that allegedly arose in October of 2013 as the cleanup work was performed in preparation for an event.
As we have stated throughout this journey, Dover Greens has always strived to ensure that all of our workers, the public and the environment are fully protected against any unsafe or unhealthful conditions. In fact, for these past six years we have worked side by side, not only with the EPA, but with all state and federal agencies and we are grateful for the direction we have been given by them during this long journey.
Having said that, we must clearly state that we are disappointed with EPA officials for discounting the Department of Justice’s policy against what is referred to as “piling on”. This policy has evolved out of concern that “a company may be held accountable to multiple regulatory bodies” and be punished repeatedly for the same violations that may exceed what is necessary to rectify the situation being addressed.
The policy is rooted in the basic principle that it is unfair for the federal government to penalize the same conduct multiple times, on different time frames, without coordination between the government agencies and it is meant to discourage disproportionate enforcement by these multiple authorities.
Notwithstanding this policy, in this case the EPA has been punitive for the same conduct Dover Greens already settled four years ago, both monetarily and in practice, with OSHA and the Department of Labor.
However, in the end, we decided to settle with the EPA because we philosophically agree with the goals of all the agencies we have dealt with. It has been a core value of ours from the beginning to invest further into the safety and the protection of our workers, our residents, the public and the environment.
It is something we believe in and despite New York State being a difficult place for development, we remain committed and look forward to bringing jobs and economic revitalization to the area and we will continue to do so with energy and purpose and in compliance with our obligations under the settlement.
