What is a Supplemental Environmental Project (SEP)?

A SEP is an environmentally beneficial project funded by a company or individual to mitigate part of a civil penalty assessed by LRAPA . A SEP must improve, restore, protect, or reduce risks to public health and/or the environment beyond that achieved by compliance with applicable laws. When enforcing environmental laws and regulations, LRAPA has the authority to incorporate a SEP into the settlement agreement that is separate from and in addition to correction of the violation. It can be part of a settlement of a civil penalty as long as it is consistent with LRAPA’s goal of protecting the public health and environment.

Example: Company A is fined for a violation of its air permit. Rather than pay the full penalty to Lane County, the company elects to do a SEP, requesting to put part of the penalty towards paving a well-used gravel parking lot in Lane County, resulting in less particulate in the air. LRAPA approves the project as part of the settlement of the enforcement penalty, and the company enters an agreement to have the parking lot paved at their expense.

What types of projects qualify?

SEPs should primarily benefit human health and/or the environment in Lane County. LRAPA particularly encourages an air pollution prevention component in the proposal. Other desirable objectives in a SEP proposal would be projects shown to improve the environment and increase public awareness and education. Pollution prevention SEPs that result in implemented pollution prevention and quantifiable reductions are favored more than pollution prevention studies.

The following categories of projects are examples of appropriate ideas for SEPs. Further description of each category can be found in Project Types. The Idea Bank contains examples of projects for each of the categories.

• Pollution Prevention and Resource Efficiency
• Pollution Reduction
• Green Schools
• Environmental Restoration and Protection
• Emergency Planning and Preparedness
• Technical Assistance and Outreach
• Environmental Education and Public Awareness
• Other Projects

Projects may range from simple to complex; however, projects that are easy for a company (violator) to implement may more likely be funded. For example: a project that requires a one-time funding option, such as contributing funds to an ongoing project such as a city woodstove changeout fund, may be preferred over a comprehensive project that requires management oversight.

Where Can I See Current SEP Proposals?

Current submitted proposals that are available for funding can be viewed in the Project Bank. These projects have been reviewed by LRAPA and qualify for sponsorship.

When is money available?

Money for projects becomes available when a company or individual elects to put part of its penalty toward a project. Fines must be at least $2,000 to qualify, and up to 80% of a fine may be made available for use on an SEP. Typically, total fines collected by LRAPA annually equal less than $50,000, with many of the fines less than $2,000.

When a company or individual receives a Notice of Civil Penalty for committing a violation of LRAPA rules, the company or individual has 30 days with which to respond to LRAPA. During that time, the company may choose to do a SEP as part of the negotiation process. Once the negotiation process is complete, the opportunity to participate in a SEP is no longer available.

A list of companies with open negotiations are listed in the Company Bank.

You may also want to check the Oregon Department of Environmental Quality's website for other qualifying fines.

How do I submit a proposal?

To submit a project, complete the Project Submission Form (help links are included on the form); you may include images or plans that illustrate the project. Once received, LRAPA will review the proposal to assure it meets the basic qualifications and notify you of the results. If the proposal meets the basic criteria, it will be listed along with other proposals in the Project Bank for consideration by companies or individuals who elect to mitigate civil penalties using SEPs.

Please keep in mind that SEPs are not mandatory and there are no guarantees that a submitted project will be sponsored. Your project idea and contact information will be made available to companies engaged in qualifying enforcement negotiations with LRAPA. When interest in your idea develops, LRAPA will assist with the coordination of your project.

How does a project get picked?

The decision to choose a particular project is completely up to the company or individual paying the fine, as long as the project is authorized by LRAPA. The SEP is a contract between the grantor and grantee.

How do I get more information?

Contacts:
Kim Metzler,
Public Affairs
(541) 736-1056 ext. 218