1. Transformation at NJDEP’s Compliance & Enforcement Program Air & Waste Management Association Transformation at NJDEP’s Compliance & Enforcement Program Wolf Skacel Assistant Commissioner October 14, 2011

2. Overview Background to C&E‘s Transformation C&E Transformation Goals Transformation Departmental Goals

4. 1970 Pollution Levels 2011Pollution Impacts Total Pollution Impact on Environment Areas of Non- Compliance C&E Transformation Efforts

5. 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

6. Percent of checklist requirements found In Compliance (IC) in 2009 for: Air; Hazardous waste; Solid Waste; Water Quality; Water Supply

7. Key Systems 1 Strategic Management system (targeting, ensuring deterrence, prioritization, workplans, consistency, measuring and communicating success) 2Education 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) 5Inspection 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) 8Self-reporting system (self-cert, disclosure, monitoring, audit schemes, etc.) 9Bulk Processing (licensing, fees, billing and collections)

8. Prioritized Key Systems 1 Strategic Management system (targeting, ensuring deterrence, prioritization, workplans, consistency, measuring and communicating success) 2Education 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 Chosen 1.C&E Strategic Management System 2.Education over enforcement 3.SEP rule/policy

9. 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

10. 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

11. Watch Operations 11 Watch Operations Element Incident Response Compliance and Enforcement Wide Duty Officers Real-time Situational Awareness Referral Management Rapid Response and Emergent Issues “Clearing House” for Stakeholder concerns 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.

12. Analysis Element 12 The Analysis element will house analysts who have the capabilities to translate raw data into useable and relevant intelligence products. Analysis Element 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 IT Support

13. Asset Management 13 Asset Management Development of Communication Strategy Permit and Rule Coordination Development, Tracking and Overall Evaluation of C&E Work Plans Evaluation of Mandates, Statutes and Regulations Management of Resources and Organizational Capacity Leverage Resources to Achieve Strategic Priorities and Goals Identification of Medium to Long Term Priorities Outreach Coordination to Communicate Priorities and Results Proactive Partnerships 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.

14. 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

15. Barnegat Bay Watershed Good controls exist at existing NJPDES facilities that are routinely inspected Plan to target non-traditional sources of water pollution o 5G2 exemption sites claiming permanent non exposure o 5G3 stormwater permits o Inspection of suspected unpermitted discharges o Stream-walking Using aerial maps and NJEMS data to identify potential environmental problems

16. Recommendations 4. Prioritization of the Key Systems of Work 16

17. 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

18. 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

19. 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

20. 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

21. Questions