When the AQD enters into an enforcement action with a facility, the action typically results in a legally binding agreement between the State of Michigan and the facility which contains a monetary penalty, a compliance plan, and sometimes a Supplemental Environmental Project (SEP). A SEP (pronounced "sep") is an environmentally beneficial project that is not required by state or federal law, but an alleged violator agrees to undertake as part of a settlement of an enforcement action. SEPs are projects that go beyond what is legally required to return to compliance with applicable state and federal laws.
Properly developed and administered SEPs have the potential to secure significant improvements in environmental quality and public health for Michigan citizens and can promote an atmosphere of cooperation between the alleged violator and the affected community benefiting from the projects. In lieu of payment of a portion of the monetary fines, an alleged violator may propose a SEP as part of the settlement. Although a settlement may include a SEP, monetary fines are a necessary and important part of any settlement.
Example Supplemental Environmental Projects
A Supplemental Environmental Project can take various forms, and the facility involved in the enforcement action will develop it. AQD will review and approve the SEP before it is implemented by the facility. A Supplemental Environmental Project must meet one or more of the following categories:
- pollution prevention and reduction
- environmental restoration and protection
- public health
- environmental assessments and awareness
- climate change mitigation and preparedness
- emergency planning and preparedness
