The Susquehanna River Basin Commission has released two proposed documents for public comment: a policy and a civil penalty matrix. The policy and matrix will be open for written public comment until August 22, 2022, and oral testimony may be provided at a public hearing on August 11, 2022.
With regard to enforcing compliance with its regulations, the Commission has authority to issue orders, investigate possible infractions, assess penalties and enter into settlement agreements. The proposed policy and matrix are designed to provide transparency with respect to the process by which the Commission reaches settlement agreements and assesses penalties.
In reaching settlement agreements, the Commission engages in a process that generates penalty terms and amounts that fairly reflect the scope of the violation committed, deter future violations, mitigate any adverse environmental impacts and educate both the violator and the public. The Commission is committed to providing project sponsors and the public with insight into the process by which objective and subjective criteria, derived from its regulations, are applied to violations to assess the appropriate penalty. The two documents are to be read in conjunction, and within each, the criteria and protocols presented should provide project sponsors and the public with a clear understanding of the process by which settlement terms are reached and penalty amounts are calculated.
The Commission will hold one informational webinar on July 28 to help the public and regulated community understand the proposed policies and answer questions from the stakeholder community. The proposed rulemaking and policies are available on the Commission’s website and can also be made available upon request by contacting Jason Oyler, Secretary and General Counsel of the Commission at (717) 238-0423 ext. 1312 or at firstname.lastname@example.org.
To inform the regulated community and the public about these changes, the Commission held an informational webinar to explain the proposed policy on July 28, 2022.