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Legal Intellectual

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Q

Should I get a consultation with an environmental attorney? They say an inspection is coming regarding a wastewater issue.

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We are a corporation running a manufacturing business. Recently, we received notice from the competent authority that an inspection regarding wastewater discharge is scheduled. We have always managed our environment-related documents, but suddenly hearing about an inspection makes me worried about whether there might be any problematic area. It is difficult to judge whether this is a situation that requires obtaining a consultation with an environmental attorney in advance.

environmental attorney

A

Answer to Related Inquiry

An environmental attorney manages the overall legal risks, from reviewing whether environmental laws have been violated to responding to administrative investigations and addressing criminal liability issues.

Matters related to wastewater discharge, air pollution, and waste treatment can lead to criminal punishment, so the initial response is very important.

Environment-related inspections or investigations usually end at the level of a simple check, but if excess discharge beyond the standards or negligent management is found during the investigation, it can lead to administrative dispositions such as an administrative fine, a suspension of business, or a revocation of the permit.

In such matters, it is important to objectively check whether operations were carried out in accordance with the relevant statutory standards.

Materials such as whether discharge standards were complied with, treatment facility operation records, inspection logs, consignment treatment contracts, and discharge measurement data are used as important materials for judgment.

In practice, at the stage before the investigation, you should identify risks in advance through an internal check and organize a response direction for areas that could become problematic.

In particular, because environmental regulation has many areas where whether there is a violation can vary depending on the interpretation of the law, even in the same situation, the outcome can differ depending on the manner of response.

In addition, during the investigation, the scope of the submitted materials and the manner of explanation are also important.

There is no need to excessively submit materials that are not directly related to the subject of the investigation, and it is advisable to identify the investigating agency's points of verification and respond with a focus on the key issues.

If unfavorable statements are made or materials are submitted in the initial response, it can operate to your disadvantage in a later administrative disposition or criminal procedure.

As such, an environmental issue is a complex matter that, once a dispute arises, can extend to administrative dispositions, criminal liability, and even civil damages.

In particular, for industries that are continuously subject to regulation, such as manufacturing, structural management is needed rather than a one-off response.

Therefore, if you are at the stage of having received notice of an environmental investigation, rather than only considering an after-the-fact response, it is important to check whether the current operating status conforms to the statutory standards and to prepare a response strategy for the anticipated issues in advance.

Daeryun Law LLC, centered on its environmental attorneys, provides comprehensive legal services ranging from responding to environmental regulation, responding to administrative investigations and administrative dispositions, and environmental criminal cases to corporate compliance advisory.

We recommend that you review your current situation before the investigation proceeds.

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