This is in response to your request for information about the exposure of Federal officials to personal liability for violation of environmental laws. The potential does exist for Federal officials to be held personally liable for violation certain environmental laws. the penalties for violating environmental laws will depend on the specific statutes that have been violated, but may include civil or criminal sanctions commensurate with the severity of violation.

In a recent case, civilian managers at the Aberdeen Proving Ground in Maryland were convicted for failing to comply with environmental laws in connection with their managerial responsibilities. In the Aberdeen case, the federal officials were found to have intentionally violated the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6961) and could have been sentenced to 15 years in prison and fined $750,000.

There are other Federal statutes that provide for personal liability on the part of Federal employees for their acts or omissions concerning environmental matters. For example, both the Toxic Substances Control Act (15 U.S.C. 2601) and the Federal Water Pollution Control Act (Clean Water Act) (33 U.S.C. 1251) provide for criminal penalties for violation of certain of their provisions.

The office of Administrative Services Management and its Environmental Compliance Division provide policy guidance in the environmental area. My office has been supplying them with legal support services as requested. Both of our offices have issued initial guidance on environmental compliance matters. In addition to written policy guidance provided to Department components, the Environmental Compliance Division has established an Environmental Task Force to provide a forum for the discussion of environmental issues. This task force includes representatives from my office, the Office of the Inspector General, the Office of Personnel and NOAA's Office of Administration.

In order to avoid liability, officials responsible for operations at Department facilities which handle hazardous substances, toxic wastes and various chemicals must be aware of their specific responsibilities under the appropriate laws. These facilities include such diverse interests as the Wisconsin Steel site, the Oxford, Maryland fisheries laboratory and the basement of the Hoover Building. Consequently, it is particularly important for the Department to ensure that all employees and officials who have responsibility for matters affected by the environmental statutes receive the appropriate training so that they will be able to recognize environmental compliance deficiencies.

Once officials have identified particular areas of concern they should document their efforts to take the action required to bring the facilities or operations under their control in compliance with the law. Responsible officials should also notify their superiors of their efforts to obtain compliance.

My office will continue to provide legal support to the Environmental Compliance Division in order to foster awareness of the requirements of environmental laws and to avoid any potential liability on the part of individual Commerce employees.